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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part D : Hours of Work

10. Application of parts D and E to employees working 27 hours or less per week


(1) A written agreement may provide that an employee who works 27 hours or less per week is employed on the following terms and conditions—
(a) the employee is paid the relevant hourly wage rate in terms of Tables 1 to 2, plus 25% for any ordinary hours of work worked by the employee, including ordinary hours of work performed on Sundays;
(b) the employee is granted at least two days off during every week;
(c) the employer is not required to pay the employee an allowance for performing night work;
(d) the right to paid sick-leave in terms of clause 22 and family responsibility leave in terms of clause 23 do not apply to the employee;
(e) the employer must grant the employee at least two week' paid annual leave in accordance with the provisions of clauses 21(2), (3), (5) - (10) and, on request by the employee, at least one week's unpaid leave each year; and
(f) in all other respects, Parts D and E of this determination, apply to the employee.


(2) An employee who works for 27 hours or less per week who has not concluded an agreement in terms of sub-clause (1) is entitled to all basic conditions of employment established by this determination, where appropriate on a proportionate basis.