In the South African landscape, the conditions of employment are
contained in the Basic Conditions of Employment Act (BCEA). The
BCEA is a nucleus that regulates and gives effect to fair labour
practices as envisioned by Section 23(1) of the Constitution of the
Republic of South Africa. The BCEA makes provision in terms of
Sectoral Determination 13 to regulate the conditions of employment
for farm workers.
What is a sectoral determination?
A sectoral determination is issued by the Minister of Employment
and Labour, and it determines the minimum basic terms and
conditions of employment which have been passed as acceptable
conditions of employment practice in a specific sector. It
encompasses the hours of work, overtime, payment for overtime,
night work, standby, meal intervals, rest periods, and payment for
work on Sundays and public holidays.