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

Sectoral Determinations

Sectoral Determination 11 : Taxi Sector

Part D : Hours of Work

17. Meal intervals

 

(1) Subject to sub-clause (3), an employer must give an employee who works continuously for more than five hours, a meal interval of at least one continuous hour.

 

(2) The meal interval may be taken at a specific agreed time or whenever it is practicable to do so but may not be taken later than six hours after the employee began work.

 

(3) For the purposes of sub-clause (1), a driver is deemed not to be working continuously if for a period of at least one hour the driver's only duty is to be in charge of the vehicle which the driver drives, or in charge of its load.

 

(4) During a meal interval, an employee may be required or permitted to perform only those duties that cannot be left unattended and cannot be performed by another employee.

 

(5) An employee must be paid for a meal interval in which the employee is required to be available for work.

 

(6) An agreement in writing may—
(a) reduce the meal interval to not less than 30 minutes;
(b) dispense with a meal interval for an employee who works fewer than six hours on a day.

 

(7) Whenever an employer is required to give an employee a second meal interval because of overtime worked, that interval may be reduced to not less than 15 minutes.