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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 G : Termination of Employment

31. Definitions


Any expression in this determination, which is defined in the Basic Conditions of Employment Act and is not defined in this clause, has the same meaning as in that Act and -



includes a collective agreement;


"Basic Conditions of Employment Act"

means Basic Conditions of Employment Act, 1997 (Act 75 of 1997);



means a person who is under 18 years of age;



means, for the purposes of measuring hours of work, a period of 24 hours measured from the time when the domestic worker normally commences work;



includes an alleged dispute;


"domestic worker"

means any domestic worker or independent contractor who performs domestic work in a private household and who receives, or is entitled to receive, pay and includes—

(a) a gardener;
(b) a person employed by a house hold as a driver of a motor vehicle; and
(c) a person who takes care of children, the aged, the sick, the frail or the disabled;
(d) domestic workers employed or supplied by employment services.


"employment service"

means any person who recruits, procures or provides domestic workers for clients in return for payment, regardless of which party pays the domestic worker;


"full pay"

means wages, overtime pay, allowances and any other payment in money that a domestic worker is entitled to in consequence of their employment;



means inability to work owing to sickness or injury;


"night work"

means work performed after 18:00 and before 06:00 the next day;


"ordinary hours of work"

means the hours of work permitted in terms of clause



means the time that the domestic worker works during a day or in a week in excess of ordinary hours of work;


"paid leave"

means any annual leave, paid sick leave or family responsibility leave that a domestic worker is entitled to in terms of Part E of this determination;


"public holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);



means the amount of money paid or payable to a domestic worker in respect of ordinary hours of work or, if they are shorter, the hours a domestic worker normally works in a day or week;



in relation to a domestic worker, means the period of seven days within which the working week of that domestic worker normally falls ;



means any place where domestic workers work.