4. Basic Conditions of Employment Act (BCEA), (Act 75 of 1997)

Question 1

4.1 Purpose of the BCEA

Answer 1

• Regulates the right to fair labour practices as set out in the Constitution.
• Provides clear terms and conditions of employment for employers and employees.
• Regulates the variations of basic conditions of employment.
• Advances economic development and social justice.

Question 2

4.2 (A) Impact of the BCEA on businesses (ADVANTAGES)

Answer 2

• Employees may submit complaints to labour inspectors who can address it.
• Encourages consultation between employers and employees.
• Promotes fair treatment of employees in business.
• Work hours are specified so that the employer can not exploit employees.

Question 3

4.2 (B) Impact of the BCEA on businesses (DISADVANTAGES)

Answer 3

• Developing a legal employment contract may be time-consuming or costly.
• No employer may force employees to work more than 45 hours in a week.
• Hiring cheap labour is no longer possible, so businesses cannot exploit workers.
• BCEA forces businesses to comply with many legal requirements which may increase labour costs.

Question 4

4.3 Actions regarded as non-compliance by the BCEA

Answer 4

• Preventing workers from having access to employment contracts.
• Refusing to accept a valid medical certificate from a sick worker.
• Refusing to grant a worker leave to support sick family members.
• Forbidding workers to discuss wages or salaries with co-workers.

Question 5

4.4 Penalties or consequences for non-compliance by the BCEA

Answer 5

• Businesses can be ordered to pay compensation and damages to employees.
• The Director General may cancel the compliance order.
• Labour inspectors may serve a compliance order by writing to the Department of Labour.
• Businesses may be taken to the labour court for a ruling.

Question 6

4.5 Ways in which businesses can comply with the BCEA

Answer 6

• Business should not employ children under the age of 16.
• Workers can take a meal break of 60 minutes after five continuous hours of work.
• Workers must receive double if they work during public holidays or Sunday.
• Workers can take up to six weeks paid sick leave during a 36-month cycle.

Question 7

4.6 Provisions of the BCEA
(a) Hours of work or work hours

Answer 7

• Workers may not work for more than forty-five (45) hours in any week.
• Workers may work nine (9) hours a day if they work five days or less per week.
• Worker may work eight (8) hours a day if they work more than five days a week.

Question 8

4.6.1 Provisions of the BCEA
(b) Annual Leave

Answer 8

• Workers are entitled to 21 consecutive days annual leave per year or one day for every 17 days worked or one hour for every 17 hours worked.
• An employer can only pay a worker in lieu of leave if that worker leaves the job.
• Annual leave must be granted within six (6) months after the leave cycle ended.

Question 9

4.6.2 Provisions of the BCEA
(c) Sick Leave

Answer 9

• Workers are entitled six weeks paid sick leave in a period of 36 months.
• Workers receive 1 day paid sick leave for every 26 days worked during the first six months of employment.
• A medical certificate may be required before paying an employee who is absent for more than two consecutive days or who is frequently absent.

Question 10

4.6.3 Provisions of the BCEA
(d) Maternity Leave

Answer 10

• Female workers are entitled up to four months leave.
• The granting of the leave requires employees to produce a medical certificate or medical proof.
• Employee must not perform labour that can harm or put the unborn child at risk during the pregnancy.

Question 11

4.6.4 Provisions of the BCEA
(e) Family Responsibility Leave

Answer 11

• An employer may require reasonable proof before granting leave.
• Employees are entitled to 3-5 days leave to attend to the sickness or death of a child or direct relative.

Question 12

4.6.5 Provisions of the BCEA
(f) Parental Leave

Answer 12

• Employees, other than mothers giving birth, are entitled to 10 days unpaid leave once per year.
• Refers to unpaid leave, but employees may claim from the UIF.
• Employees will no longer be allowed to take Family Responsibility leave for the birth of a child.

Question 13

4.6.6 Povisions of the BCEA
(g) Adoption Leave

Answer 13

• This leave applies to parents adopting a child less than two years old.
• One parent will be entitled to 10 consecutive weeks of Adoption Leave, while the other parent will be entitled to Parental Leave.

Question 14

4.6.7 Provisions of the BCEA
(h) Commissioning Parental Leave

Answer 14

• Leave applies to parents using surrogate.
• The primary caregiver will qualify for 10 consecutive weeks of unpaid Commissioning Parental Leave.
• The other parent is entitled to 10 days Parental Leave.

Question 15

4.6.8 Provisions of the BCEA
(i) Meal Breakers and Rest Periods

Answer 15

• Workers must have a meal break of 60 minutes after five continuous hours of work.
• This can be reduced to 30 minutes by written agreement when working less than 6 hours per day.

Question 16

4.6.9 Provisions of the BCEA
(j) Overtime

Answer 16

• Workers must agree to work overtime.
• Workers cannot work more than three hours of overtime per day or 10 hours per week.
• Double the normal rate of pay for overtime worked on Sunday and public holidays.
• Overtime must be paid either at specified rate for overtime or an employee may agree to receive paid time off.

Question 17

4.6.10 Provisions of the BCEA
(k) Termina of Employment

Answer 17

• A contract of employment may only be terminated following one weeks’ notice if the worker has been employed for six months or less.
• The employee must be given a notice in writing.

Question 18

4.6.11 Provisions of the BCEA
(l) Child and Forced Labour

Answer 18

• It is illegal to employ a child younger than 15 years of age.
• It is also illegal to force someone to work.
• Businesses may employ children over the age of 15 years if the employment is not harmful to their education, moral and social development.
• Children or minors under 18 years of age may not do dangerous work or work meant for an adult.