The section of the Act that regulates working hours does not apply to:
The following is a summary
of the Basic Guide to Employment Contracts on the Republic condensed from
the South Africa Department of Labour website This summary describes the provisions
of the most important sections of the Basic Conditions of Employment Act, 1997,
as amended. The Act applies to all employers and workers except those listed
above, and regulates leave, working hours, employment contracts, deductions,
pay slips, and termination. Some, but not all, basic conditions of employment
may be varied by individual or collective agreements in accordance with the
provisions of the Act. (see paragraph 7 below).
Ordinary hours of work :
No employer shall require or permit an employee to work more than
Overtime:
An employer may not require or permit an employee
An agreement may not require or permit an employee to work more than 12 hours on any day.
Daily and weekly rest period:
An employee must have a daily rest period of 12 consecutive hours and a
weekly rest period of 36 consecutive hours, which, unless otherwise agreed,
must include Sunday
Public holidays:
Employees must be paid their ordinary pay for any public holiday that
falls on a working day. Work on a public holiday is by agreement and paid at
double the rate. A public holiday may be exchanged with another day by
agreement.
Annual leave:
Employees are entitled to 21 consecutive days' annual leave or by agreement,
one day for every 17 days worked or one hour for every 17 hours worked.
Sick leave:
An employee is entitled to six weeks' paid sick leave in a period of
36 months.During the first six months an employee is entitled to one day's paid
sick leave for every 26 days worked. An employer may require
a medical certificate before paying an employee who is absent for more than
two consecutive days or who is frequently absent
Maternity leave:
A pregnant employee is entitled to four consecutive months' maternity
leave
Family responsibility leave:
Full time employees are entitled to three days paid family responsibility
leave per year, on request, when the employee's child is born or sick, or in
the event of the death of the employee's spouse or life partner, or the employee's
parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling
Notice of termination of employment:A contract of employment may be terminated on notice of not less than
The link below provides detailed information about public
holidays celebrated in South Africa. The charts below indicate the specific
dates for public holidays for 2008 through 2010The dates on which Good Friday
and Easter Sunday fall are determined according to the ecclesiastical moon.
It varies each year but fall at some point between late March and late April.
The Public Holidays Act (Act
No 36 of 1994 [PDF]) determines whenever any public holiday falls on a Sunday,
the Monday following on it shall also be a public holiday.
Public Holidays in South Africa:
http://www.info.gov.za/aboutsa/holidays.htm
1 January | New Year's Day |
21 March | Human Rights Day |
10 April | Good Friday (Friday before Easter Sunday) |
13 April | Family Day (Monday after Easter Sunday) |
27 April | Freedom Day |
1 May | Workers Day |
16 June | Youth Day |
9 August | National Women's Day |
10 August | Public holiday |
24 September | Heritage Day |
16 December | Day of Reconciliation |
25 December | Christmas Day |
26 December | Day of Goodwill |
1 January | New Year's Day |
21 March | Human Rights Day |
22 March | Public holiday |
2 April | Good Friday (Friday before Easter Sunday) |
5 April | Family Day (Monday after Easter Sunday) |
27 April | Freedom Day |
1 May | Workers Day |
16 June | Youth Day |
9 August | National Women's Day |
24 September | Heritage Day |
16 December | Day of Reconciliation |
25 December | Christmas Day |
26 December | Day of Goodwill |
27 December | Public holiday |