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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 A : Application

1. Application


(1) This determination applies to the employment of employees in the wholesale and retail sector in the Republic of South Africa.


(2) In this determination, the “wholesale and retail sector” means the sector in which employers and employees are mainly or wholly associated for the purpose of procuring products from any supplier or manufacturer for the purpose of sale to any person, whether on a wholesale or retail basis; and, in addition, includes—
(a) any other activities engaged in by an employer in the wholesale and retail sector including, but not limited to, merchandising, warehousing or distribution operations that are incidental to, or supportive of, the employer's enterprise; and
(b) any other activity conducted by an employer whose core business falls within the wholesale and retail sector on or at the premises where that business is conducted.


(3) This determination does not apply to employees—
(a) employed in activities covered by another sectoral determination in terms of the Basic Conditions of Employment Act; or
(b) covered by an agreement of a bargaining council in terms of the Labour Relations Act.


(4) Employees who work for an employer for 24 or less hours in a month—
(a) must be paid at least the hourly rate set out in Tables 1 to 2 of this determination.
(b) except as provided in paragraph (a), this determination does not apply to an employee who works for an employer for 24 hours or less in a month.


(5) The provisions of the Basic Conditions of Employment Act apply to all employees covered by this determination and their employers in respect of any matter not dealt with in this sectoral determination.


(6) The provisions of the Ministerial Determination for Small Business apply to those employers employing less than 10 employees in respect of overtime, averaging of working hours and family responsibility leave.