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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part D : Hours of Work

10. Emergency work

 

(1) Clauses 11, 13, 16(1), 17(1), 18(1) and 19(1) do not apply to work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by farm workers during their ordinary hours of work. 3

 

(2) Sub-clause (1) does not affect the obligation of an employer to pay a farm worker for any work performed at the farm worker’s ordinary rate of pay or overtime rate, as the case may be.

 

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3 Where an ‘emergency’ situation such as a veld-fire or the outbreak of a disease among livestock persists, it will be reasonable to expect the employer to rotate work or to obtain additional temporary workers to assist to deal with the emergency.