Basic conditions of employment act

Question 1

BCEA

Answer 1

-Sets out the minimum conditions that ensure fair labour practices

-It applies to all employers and employees except for members of the national defence force

Question 2

The purpose of BCEA

Answer 2

-Regulates the variations for the basic conditions of employment

-Advances the economic development and social justice of employees

-Provides the minimum requirements for the creation of employment contracts

-Outlines clear terms and conditions of employment for employers and employees

Question 3

Provisions of BCEA

Answer 3

-work hours
-Overtime
-Meal breaks and rest periods
-Termination of contract
-Child and forced labour
-Public holidays
-Annual leave
-Sick leave
-Maternity leave
-Parental leave
-Family responsibility leave

Question 4

Work hours

Answer 4

-Employees arent allowed to work more than 45 hours per week

-Employees may work 9 hours a day if they work five days or less per week

Question 5

Overtime

Answer 5

-Employees cant be forced to work overtime but must agree to work overtime

-Employees cant work for more than 3 hours overtime per day, 10 hours per week

-Overtime must be compensated 1.5 times the normal rate of pay for overtime worked on weekdays and Saturdays

-2 times the normal rate for overtime worked on Sundays and public holidays

Question 6

Termination of employment contract

Answer 6

-A minimum of 4 weeks notice must be given to the business if the employee has been employed for a year or longer

-

Question 7

Meal breaks and rest periods

Answer 7

-Employees must have a meal break of 60 minutes after 5 continuous hours of work

-Employees must have a daily rest period of 12 continuous hours

Question 8

Child and forced labour

Answer 8

-It is illegal to employ a child younger than 16

-It is illegal to force an employee to work

Question 9

Public holidays

Answer 9

-Employees must be paid for any public holiday that falls on a working day

-

Question 10

Leave

Answer 10

Annual leave
Sick leave
Patental leave
Maternal leave
Family responsibility leave

Question 11

Annual leave

Answer 11

Employees are entitled to 21 consecutive days annual leave per year or 1 day for every 17 days worked

-Annual leave must be granted within 6months after the leave cycle ended

Question 12

Sick leave

Answer 12

-Employees are entitled to 30 days paid sick leave in a 3 year cycle

-1 day paid sick leave for 26 days worked during the first 6 months of employment

Question 13

Maternity leave

Answer 13

-Pregnant employees are entitled to four consecutive months of maternity leave

-Maternity leave usually commences any time from four weeks before the expected date of birth of the unborn child under the advise of a doctor

Question 14

Parental leave

Answer 14

-An employee irrespective of gender, who is a parent, is entitled to 10 consecutive days parental leave after the birth or his or her child

-The employer must be notified at least one month before the expected due date of birth

Question 15

Family responsibility leave

Answer 15

-An employee may receive 3-5 days paid leave per year on request

Question 16

The impact of the BCEA on businesses (Positives)

Answer 16

-Outlines the minimum requirements for employment contracts

-Specifies work hours to prevent exploitation of employees

-Workers are permitted to consult trade unions in a case where BCEA conditions are violated

-Establishes an enabling framework of acceptable employment practices for example work hours and leave

Question 17

Impact of the BCEA on businesses (Negatives)

Answer 17

-Employers and managers may not force employees to work more than 45 hours per week, which may result in a reduction in productivity

-Employers cannot hire cheap labour, and therefore cannot exploit employees

-Businesses are forced to comply with the various legal requirements of the BCEA, which directly increases the labour costs of the business

-The implementation of the BCEA is time-consuming, expensive and administratively burdensome, especially the drafting of legal contracts

Question 18

Non-compliance

Answer 18

-Unilaterally changing information in the employment contracts by employers without consulting employees

-Forbidding employees to discuss wage and salary matters with other workers

-Preventing employees from gaining access to employment contracts

-Preventing pregnant employees from legally taking maternity leave

Question 19

Penalties

Answer 19

-May receive a compliance order from the labour court that forces the business to comply with the BCEA

-The director- general of the labour court may agree, amend or cancel the compliance order

Businesses may be taken to the labour court for a ruling

-May receive large fines

Question 20

Ways to comply

Answer 20

-Pay employees for working overtime, as stipulated in the provisions of the BCEA

-Ensure that employees dont exceed the stipulated working hours of 45 hours per week

-Provide maternity leave for pregnant employees

-Refrain from employing children under the age of 16, as it is illegal