Basic conditions of employment act Flashcards
BCEA
-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
The purpose of BCEA
-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
Provisions of BCEA
-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
Work hours
-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
Overtime
-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
Termination of employment contract
-A minimum of 4 weeks notice must be given to the business if the employee has been employed for a year or longer
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Meal breaks and rest periods
-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
Child and forced labour
-It is illegal to employ a child younger than 16
-It is illegal to force an employee to work
Public holidays
-Employees must be paid for any public holiday that falls on a working day
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Leave
Annual leave
Sick leave
Patental leave
Maternal leave
Family responsibility leave
Annual leave
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
Sick leave
-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
Maternity leave
-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
Parental leave
-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
Family responsibility leave
-An employee may receive 3-5 days paid leave per year on request
The impact of the BCEA on businesses (Positives)
-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
Impact of the BCEA on businesses (Negatives)
-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
Non-compliance
-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
Penalties
-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
Ways to comply
-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
