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

Ministerial Determinations

Ministerial Determination 1: Small Business

3. Averaging of Hours

 

(1) Despite sections 9(1) and (2) and 10(1)(b) of the Basic Conditions of Employment Act, No. 75 of 1997, and clause 2 of this determination, 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 concluded by an employer and employee.

 

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

 

(3) An agreement in terms of subclause 1 lapses after twelve (12) months.