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Basic Guide to Working Hours (Wholesale and Retail)

by admin — last modified 2007-11-28 14:13

Maximum working hours, meal breaks, rest periods, and night work as set out in the Sectoral Determination 9: Wholesale & Retail Sector.

Application

Sectoral Determination 9 applies to all employers and workers in the wholesale and retail sector, including those associated with-

merchandising,
warehousing, or
distribution operations.

The determination does not apply to workers who are covered by-

another sectoral determination, or
a bargaining council agreement.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

The determination does not apply to workers who are -

senior managerial employees
sales staff who travel
earning in excess of R56 000 per annum

See

Sectoral Determination 9: Wholesale and Retail Sector

Basic conditions of employment only applicable to employers and workers in the wholesale and retail sector

Working Hours For Part Time Workers

A written agreement may provide a part time worker with -

the hourly wage rate;
plus 25% for ordinary hours worked including Sundays;
at least 2 days leave off a week;
the right to sick and family responsibility leave

An employer does not have to pay a worker an allowance for night work.

Maximum Working Hours

Number of days worked per week	Maximum
	Hours per day		Hours per week
	Ordinary	Total	Ordinary	Overtime
1 - 5	9	12	45	10*
6 - 7	8	12	45	10*

*A written agreement may allow overtime hours to be increased to 15 hours a week, but for period of no longer than 12 months.

Working on granted days off

Workers may work on granted days off if agreed to. The employer must then pay the worker -

double the wage for each hour worked or
the daily wage (if greater)

Meal Breaks

Workers must have a meal break of 60 minutes after 5 hours’ work.

During a meal break a worker might be required to do work, if it cannot be left unattended and no else can do it.

A written agreement may –

reduce meal intervals to 30 minutes
give a meal break for workers who work less than 6 hours.

Workers are entitled to 2 15 minute tea breaks in the mid morning and afternoon.

Employers must give workers a 2nd meal break of at least 15 minutes for overtime worked.

Rest Periods

Workers must have a rest period of –

12 hours each day; and
36 consecutive hours each week (must include Sunday, unless otherwise agreed)

Workers rest period can be reduced to 10 hours if the workers’ meal interval lasts 3 hours or more.

Employers and workers may agree in writing to a rest period of at least 60 hours or more every second week.

A written agreement may provide for a rest period of at least 60 consecutive hours every week.

Night Work

Workers working between 19h00 and 07h00 must –

have an agreement in writing
get an allowance, or
have transport available to them.

Employers who require workers to perform night work on a regular basis must inform the worker in writing or orally (if the worker is unable to understand written communication) of any:

health and safety hazards associated with the work
rights to undergo a medical examination
- before the worker starts
- at appropriate intervals while the work continues

A worker’s hours may be changed to day work if -

the worker suffers from a health condition associated with the night work
it is practical

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