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

Sectoral Determinations

Sectoral Determination 2 : Civil Engineering Sector, South Africa

11. Meal intervals


(1) An employer shall not require or permit an employee to work for more than five hours continuously without a meal interval of not less than half an hour during which interval such employee shall not be required or permitted to perform any work, and such interval shall not form part of the ordinary hours of work or overtime: Provided that
(a) periods of work interrupted by intervals of less than half an hour, except when proviso (iv) below applies, shall be deemed to be continuous;
(b) if such interval is longer than half an hour, any period in excess of one hour shall be deemed to be time worked;
(c) only one such interval during the ordinary hours of work of an employee on any day shall not form part of the ordinary hours of work;
(d) when, on any day, by reason of overtime work, an employer is required to give an employee a second meal interval, such interval may, at the request of the employee, be reduced to not less than 15 minutes;
(e) a driver or an operator of self-propelled or stationary plant who during such interval does not work other than being or remaining in charge of a vehicle or such plant shall be deemed for the purposes of this subclause not to have worked during such interval.