Basic Conditions of Employment
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Transcript Basic Conditions of Employment
Basic Conditions of
Employment
- 57 of 1997 (67)
What it does
Establishes basic terms and conditions
Regulates variation of basic terms
Prohibits child labour
Covers all SA employees – with a few
exceptions e.g. Defence Force, volunteer
workers to charity organisation
Sets minimum standards – parties can
improve on them
Working time (67)
Minimum standards do not apply to :
– senior management
– Travelling salespersons who regulate their
own time
– Employees working <24 hours per month
– Employees earning > R115 572 pa
Hours cont.
Ordinary hours [s9]:
– Max 9 hr per day – 5 day week
– Max 8 hours per day – 6 day week
– Sch. 1 of BCEA reflects aim is to reduce working hours to
40 hours, through negotiation
– Security guards – see sectoral determination
Overtime [s10]
– By agreement only
– Ltd 10 hours per week – 3 hours per day
Unless collective agreement = 15 hours per week
– [2002] cannot agree to work more than 12 hours per day
– Pay =1.5 x ordinary wage, or paid time off [eg 90 minutes
paid time off for each hour overtime.]
Hours cont
Can have a compressed working week, and
averaging of hours –see s12 – must reduce
it to writing
Meal intervals – 1 hour after 5 hours, can
reduce to 30min if agreed in writing[– no
recent amendments ]
Work on Sundays/ Public Holidays –double
time, or, if normally works on Sunday, 1.5x
[– no recent amendments]
Hours cont. (69)
Night work – work between 18h00 and
06h00 [see s17].
Note the code of good practice for arranging
working time
– specific protections built in for these employees,
such as consultation where possible
– Provide transport to and from work
– Concern for health and safety of employees and
family responsibilities
Leave (71)
Annual – 12 month cycle – 21 consecutive days on
full pay, or,
By agreement, 1day leave for 17 days worked or 1
hour for 17 hours worked
Annual leave to be granted not more than 6 months
after the end of a leave cycle
Employer cannot compel employee to take leave
during notice period
Agree, or, Employer can decide when leave taken
Payment instead of leave =only on termination – se
Leave to be paid before leave period [s21]
leave
Leave Remuneration [see s35] – amended
July 2003 – includes:
– Basic wage, plus cost to company, eg:
– Value of
Housing and accommodation allowance
Car allowance
Employers contribution to medical aid, pension
Other benefits received
– Does not include entertainment allowance etc
Leave accrual
Jardine v Tongaat Hulett [2003]*3 – held
the employer has a duty to ensure
employee takes their annual leave and no
forfeiture if leave not taken:
Cf: Jooste v Kohler Packaging [2003]*3
– Must take annual leave in period to which it
corresponds [differed in that there was a prior
agreement]
– If not, lose right to that leave and cannot claim
payment for accumulated leave outside the cycle
Sick Leave [s22.]
6 weeks iro 36 month cycle
During 1st 6 months employee entitled
to 1 day sick leave for every 26 days
worked [new Act]
Entitled to full sick leave after working
6 or more months [new Act]
Maternity leave
4 months – unless agreed, no pay
– Can receive UIF benefits
Commences in month before birth [old was one
month] – and may not, without Dr’s permission,
work for at least 6 weeks after the birth.
Miscarriages: in last trimester – allowed 6 weeks to
recover
Females to attempt to give 4 weeks notice of
intention to go on leave – state when leaving and
when returning
Pregnancy cont
Code of Good Practice for pregnant
woman
– No discrimination against pregnant
women
– No harmful work during pregnancy
– Eliminate physical, biological hazards eg
chemicals, vibrations, noise, radiation etc
see P74 handout.
Family responsibility
leave (75)
3 paid days a year
Birth of child, illness or death of
immediate family [ reasonable proof]
Must be employed +4 days a week,
and at least for 4 months
No accumulation
Contract of employment
See Annexure ‘F’ –a to p – for s 29 BCEA
requirements of what ‘MUST’ be included
– Does not apply to employees working less than
24 hours per month
Examples of contracts are on Dept Labour
website
Contracts must be in writing – at start of the
employment relationship
Payment of
Remuneration (76)
Must be in SA currency
Paid within 7 days after completion of work period
Cash or cheque payments to be in work hours
S33 - and see P76 of handout – sets out
requirements of information to be presented to
employee every pay day –eg –relative period, hours
and overtime hours
Cannot take deductions unless legally authorised or
consent in writing [eg cannot deduct loan..]
Payment of
Remuneration cont
[2002] intro of s34A
– Employer to pay contributions to
pension,provident, retirement, medical
aid and similar funds within 7 days of
deducting same
– Also employers contribution to be paid in
7 days
Termination of
employment (77)
Notice: to be in writing: ito 2002
amendment
–
–
–
–
1st 6 months – min period is 1 week notice
Thereafter, but within 1st year 2 weeks notice
Thereafter, 4 weeks notice
Domestic and farm workers entitled to 4 weeks
notice after employed for 6 months
Cannot give notice whilst employee on leave
– nor will notice run concurrently
Termination cont
Calculate severance pay [where termination for
operational requirements or ito S38 Insolvency Act ]
- on same basis as annual leave pay but note:
– Nufaw v Mgijima (2004) held ’remuneration‘ when
calculating severance pay, excludes employers contribution
to provident and medical aid funds
Min 1 week for each completed year of service
No severance pay if reasonable alternative work
offered
Employee entitled to certificate of service
Variation of Basic Conditions
of Employment (77)
By agreement can improve on the
minimums
S57 BCEA states that if a matter
regulated by BCEA and a sectoral
determination, the latter prevails [eg.
sectoral determination for Domestic
Workers]