BCEA Section 15

BCEA Section 15

Daily and weekly rest period
(1) An employer must allow an employee-

(a) a daily rest period of at least twelve consecutive hours between ending and recommencing work; and

(b) a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday.
(2) A daily rest period in terms of subsection (1) (a) may, by written agreement, be reduced to 10 hours for an employee-

  1. (a)  who lives on the premises at which the workplace is situated; and
  2. (b)  whose meal interval lasts for at least three hours.

(3) Despite subsection (1) (b), an agreement in writing may provide for-

  1. (a)  a rest period of at least 60 consecutive hours every two weeks; or
  2. (b)  an employee’s weekly rest period to be reduced by up to eight

hours in any week if the rest period in the following week is extended equivalently.
GN 531 in GG 37795 of 1 July 2014 determines that all employees earning in excess of R205 433.30 per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17 (2) and 18 (3) of this Act with effect from 1 July 2014 – for the purposes of this notice: ‘earnings’ means the regular annual remuneration before deductions, i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of this notice.