4) Basic conditions of employment act (BCEA)

• Purpose

  • Advance economic development and social justice.
  • Regulates variations of basic conditions of employment.
  • Set minimum standards for employment contract.
• Impact

  Positives

  • Promotes fair treatment of employees in business
  • Encourages consultation between employers and employees.
  • Outlines minimum requirements that form basis of employment contracts.
• Impact

  Negatives

  • Hiring cheap labour is not possible, businesses cannot exploit workers.
  • Developing a employment contract can be time consuming.
  • BCEA forces business to comply with many legal requirements, which may increase labour costs.
• Discriminatory actions

  • Refusing to accept valid medical certificate of sick worker.
  • Forbidding workers to discuss wages/ salaries with co-workers.
• Penalties of non-compliance

  • Businesses may be taken to labour court for a ruling.
  • Director General may change/ cancel the compliance order.
  • They can be ordered to pay compensation and damages to employee.
• Ways to comply

  • A 60 minute break is required after 5 hours of work.
  • Businesses must not employ children under 15 years old.
  • Workers must receive double pay for public holidays/ Sunday work.
• Provisions of the Act

  Hours of work/ work hours:

  • Workers may not work for more than 45 hours in any week.
  • Night work between 18:00 and 6:00, by agreement, requires compensation through allowance or reduced work hours.
  • Workers can work for nine hours a day for five or less per week, or eight hours a day for more than five days a week.
• Provisions of the Act

  Overtime:

  • Workers are limited to three hours of daily overtime or 10 hours weekly.

  Overtime must be compensated as follows:

  • Double normal pay for overtime on Sundays and public holidays.
  • Overtime on weekdays and Saturdays earns one and a half time the regular pay rate.
• Types of leave

  Annual leave:

  • 21 consecutive days of annual leave, earned at a rate of 1 day for every 17 days work/ 1 hour for every 17 hours worked.
• Types of leave

  Sick leave:

  • Six week paid sick leave with 36 months, or one day for every 26 days worked in the first six months of employment.
  • Medical certificate may be required before paying employee.
• Types of leave

  Maternity leave:

  • A pregnant employee is entitled to four consecutive months leave.
  • Start date any time from four weeks before expected date of birth.
• Types of leave

  Family responsibility leave:

  • Employees can request three to five days of paid leave per year for death of a spouse, life partner, parent, adoptive parent, grandparent, child, adoptive child, grandchild or sibling.
  • May require reasonable proof before granting this leave.
  • Male employees are entitled to three/ five days paternity leave upon birth of their child.
• Meal breaks and rest periods:

  • Workers must have a 60 minute meal break after five consecutive hours of work.
  • A worker needs a daily rest of 12 consecutive hours and a weekly rest of 36 consecutive hours, including Sundays.
• Public holidays:

  • Public holiday work is paid at double the rate by agreement.
  • Workers must be compensated for public holidays occurring on working days.
• Termination of employment:

  • The employee must be given notice in writing.
  • A minimum of four weeks notice must be given, if the worker has been employed for a year or longer.
• Child and forced labour:

  • It is illegal to employ child younger than 15 years of age.
  • Also illegal to force someone to work.