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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

29. Payments on termination


(1) On termination of employment, an employer must pay a farm worker all monies due to the farm worker including—
(a) any remuneration that has not been paid;
(b) any payment owing in respect of extended ordinary hours of work in terms of clause 11;
(c) any paid time off that the farm worker is entitled to in terms of clause 14 or 16 that the farm worker has not taken;
(d) remuneration calculated in accordance with clause 21(9) for any period of annual leave due in terms of clause 21(1) that the farm worker has not taken; and
(e) if the farm worker has been in employment longer than four months, in respect of the farm worker’s annual leave entitlement during an incomplete annual leave cycle as defined in clause 21(1)—
(i) one day’s remuneration in respect of every 17 days on which the farm worker worked or was entitled to be paid; or
(ii) remuneration calculated on any basis that is at least as favourable to the farm worker as that calculated in terms of subparagraph (i).