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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14950
Experience:  L.LB (UOVS)
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What does the labour law states regarding tea breaks and lunch

Resolved Question:

What does the labour law states regarding tea breaks and lunch break for a full time employee working 8 hours a day
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day.

1. There is no "tea breaks" in the Basic Conditions of Employment Act. It only deals with lunch breaks, however, nothing prohibits an employer and employee to enter into an agreement for tea breaks. The fact that the Act does not deal with it, means that the employer and employee is free to include it at terms agreeable to them both. But it is not obligatory.

2. Section 14 deals with lunch intervals and reads as follows:

14. Meal intervals.—(1) An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour.
(2) During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee.
(3) An employee must be remunerated—
(a)for a meal interval in which the employee is required to work or is required to be available for work; and
(b)for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the work-place is situated.
(4) For the purposes of subsection (1), work is continuous unless it is interrupted by an interval of at least 60 minutes.
(5) An agreement in writing may—
(a)reduce the meal interval to not less than 30 minutes;
(b)dispense with a meal interval for an employee who works fewer than six hours on a day.

I hope this helps you a little bit, but if you have any further questions, feel free to ask them before you rate. It will not cost you anything extra. If you are satisfied with the answer, kindly click on one of the five faces on the ratings page. I don't get anything for this answer unless you do.

WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14950
Experience: L.LB (UOVS)
WCLawyer and 2 other South Africa Law Specialists are ready to help you

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