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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 G : Termination of Employment

28. Accommodation, livestock and crops on termination


(1) This clause applies if the employer of a farm worker terminates the contract of employment of that farm worker—
(a) before the date on which the employer was entitled to do so in terms of clause 26; or
(b) in terms of clause 27.


(2) If the farm worker resides in accommodation on the premises of the employer or that is supplied by the employer, the employer is required to provide the farm worker with accommodation for a period of one month, or if it is a longer period, until the contract of employment could lawfully have been terminated.


(3) A farm worker who keeps livestock on the land of the employer is entitled to keep that livestock for the period stipulated in the contract of employment or for one month from the date on which the contract of employment was terminated in terms of sub-clause (1).


(a) A farm worker who has standing crops on the land of the employer is entitled to tend to those crops and harvest and remove them within a reasonable time after they become ready for harvesting, unless the employer pays the farm worker an agreed amount for the crops.
(b) Paragraph (a) applies in addition to a farm worker who terminates the contract of employment in accordance with clause 26.


(5) If a farm worker elects to remain in accommodation in terms of sub-clause (2) after the employer has terminated the farm worker’s contract of employment in terms of sub-clause (1), the employer may deduct an amount calculated in accordance with clause 8 from the amount that the employer is required to pay the farm worker in terms of clause 29.