Working hours comply with the applicable national law or industry standards

What does this mean?

  • The most important documents to refer to are the BCEA and the Sectoral Determination 14: Hospitality Sector (SD 14)
  • You should have a wage overview document such as an Excel sheet which shows all employees, their wages and the number of hours worked per day and week.
  • In tourism businesses, the rules regarding overtime are often overlooked during peak season and periods of high business.  This cannot be an excuse for abusing an employees’ time and this is why the SD 14 was created, to protect employees of these types of businesses. 
  • Businesses may only deviate from the working hours as described in the above 2 documents if they have documented exception from the Minister, usually on grounds of health and safety.

What do I do?

Ministerial Determinations can also be granted for the following:

  • Accumulating weekly rest periods
  • Splitting daily rest periods

The Department of Labour’s website should give you access to the forms that need to be filled in to apply for exception.  This needs to be done on an annual basis.  Unfortunately the website link for these forms is not working and it is suggested you contact your provincial office for assistance: http://www.labour.gov.za/DOL/contacts