Basic Conditions of Employment Act Flashcards
What is the purpose of the Basic Conditions of Employment Act (BCEA)?
To advance economic development and social justice by ensuring the right to fair labour practice for all workers.
When was the BCEA put into effect?
1 December 1998.
Who does the BCEA apply to?
All employees except members of the National Services, National Intelligence Agency, SA Secret Services and unpaid volunteers working for charity.
What are some problems specifically addressed by the BCEA?
- Inadequate protection for vulnerable workers
- Lack of mechanisms to set minimum wages for farm and domestic workers
- Child labour
- Exclusively long working hours
- Working hours
What is the maximum number of hours an employee may work per week under the BCEA?
45 hours.
What are the maximum working hours per day for a 5-day week?
9 hours.
What are the maximum working hours per day for a 6-day week?
8 hours.
What is required after 5 hours of work?
A meal interval.
What is the maximum amount of overtime that can be worked per day?
3 hours.
What is the payment rate for overtime worked?
At least one and a half times the normal rate or giving paid leave equal to the time worked.
How many consecutive days of paid leave are allowed after 12 months of continuous employment?
21 days.
Can leave be converted into cash under the BCEA?
No.
How long is maternity leave according to the BCEA?
Four consecutive months.
How many days of family responsibility leave are allowed per year?
3 days.
What is the sick leave allowance within a 36-month cycle?
30 working days.
What must employees be paid for if a public holiday falls on a working day?
Employees must be paid for the public holiday.
What is the overtime payment for working on a public holiday?
Double rate or given time off.
What is the notice period for termination of employment if less than a month has been worked?
1 week’s notice.
What is the notice period if employment is less than a year?
2 weeks’ notice.
What is the notice period after completing a year of employment?
1 month’s notice.
What must employers deduct from employee remuneration?
Employers must deduct unemployment insurance, income tax, union fees, and other agreed amounts.
Employers cannot deduct any money that has not been agreed upon by the employee.
What is the severance pay due when termination is due to retrenchment?
One week for every year worked.
This is in addition to any accrued annual leave that must be paid.
What is a certificate of service?
A document indicating the time period of employment.
It must be provided to the employee upon termination.
What does the term ‘sectoral determination’ refer to?
Minimum wage in specific industries.
Each industry has its own minimum wage table.
What is one positive impact of the BCEA?
Promotes equal opportunity in the workplace.
Additional positive impacts include fair treatment in employment and prevention of unfair discrimination.
What is one negative impact of the BCEA?
Developing and drafting legal employment contracts may be time-consuming and costly.
Non-compliance with the BCEA can lead to penalties affecting profits.
What is the maximum number of hours an employer may force an employee to work in a week?
45 hours in a week.
This equates to nine hours in a five-day work week or eight hours in a six-day work week.
True or False: Employers can hire cheap labor under the BCEA.
False.
The BCEA prohibits the exploitation of workers by preventing the hiring of cheap labor.
Fill in the blank: The BCEA encourages _______ between employer and employee.
consultation
This is part of the framework for acceptable employment practices.
What is the website to view the latest minimum wage table?
This site provides updated information on sectoral determinations.
