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

Sectoral Determinations

Sectoral Determination 1 : Contract Cleaning Sector, South Africa

10. Payment of Overtime


(1) An employer shall pay an employee who works overtime at a rate of not less than one and a half times the hourly wage in respect of the overtime referred to in clause 9.


(2) Any time worked on Sundays and paid public holidays shall be paid in accordance with the provisions of clauses 16 and 17.


(3) Despite subclause (1), an agreement may provide for an employer to—
(a) pay an employee not less than the employee’s ordinary wage for overtime worked and grant the employee at least 30 minutes’ time off on full pay for every hour of overtime worked; or
(b) grant an employee at least 90 minutes’ paid time off for each hour of overtime worked.


(4)        An employer must grant paid time off in terms of subsection (3) within one month of the employee becoming entitled to it.


(5)        An agreement in writing may increase the period contemplated by subclause (4) to 12 months.


(6) An agreement concluded in terms of subclause (3)with an employee when the employee commences employment, or during the first three months of employment, lapses after one year