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

Sectoral Determinations

Sectoral Determination 14 : Hospitality Sector, South Africa

Part D : Hours of Work

16. Meal intervals


(1) An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour.


(2) During a meal interval, an employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee.


(3) An employee must be paid—
(a) for a meal interval in which the employee is required to be available for work.
(b) for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the workplace is situated.


(4) For the purpose of sub-clause (1), work is continuous unless it is interrupted by a meal interval of at least 60 minutes.


(5) An agreement in writing may–
(a) reduce the meal interval to not less than 30 minutes;
(d) dispense with a meal interval for an employee who works fewer than six hours on a day.