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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

15. Averaging of hours of work

 

(1) Despite clauses 11(1)(a), 11(2) and 12, the ordinary hours of work and  overtime of an  employee may be averaged over a period of up to four months in terms of a written agreement.

 

(2) An employer may not require or permit an employee who is bound by an agreement in terms of sub-clause (1) to work more than—
(a) an average of 45 ordinary hours of work in a week over the agreed period; or
(b) an average of five hours' overtime in a week over the agreed period;

 

(3) An agreement in terms of sub-clause (1) lapses after 12 months.

 

(4) Sub-clause (3) only applies to the first two agreements concluded in terms of sub clause (1).