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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part D : Hours of Work

12. Payment of overtime


(1) An employer must pay a domestic worker at least one and one -half times the domestic worker's wage for overtime worked. Despite sub-clause (1), an agreement may provide for an employer to—
(a) pay a domestic worker not less than the domestic worker's ordinary wage for overtime worked and grant the domestic worker at least 30 minutes' time off on full pay for every hour of overtime worked; or
(b) grant a domestic worker at least 90 minutes' paid time off for each hour of overtime worked.


(2) An employer must grant paid time off in terms of sub-clause (2) within one month of the domestic worker becoming entitled to it.


(3) An agreement in writing may increase the period contemplated by paragraph (a) to twelve months.


(4) An agreement concluded in terms of paragraph (b) with a domestic worker when the domestic worker commences employment, or during the first three months of employment, is only valid for one year. Any time worked on a Sundays or public holidays must be paid in accordance with the provisions for Sundays and public holidays in clauses 17 and 18.