Basic Conditions of Employment Act, 1997

Question 1

Fundamental Conditions of Employment (“Basic”)

Answer 1

Define employment
remuneration
onus on the employer to show that not an employee if….

Question 2

Define employee:

Answer 2

• any person excluding an independent contractor who works for another person or the State, and who receives, or is entitled to receive any remuneration
  AND
• any other person who in any manner assists in carrying on or conducting the business of an employer

Question 3

Onus on employer to show that not an employee if…

Answer 3

• manner of work or hours of work subject to employer’s control and direction
• the employer is an organisation of which the worker is a member

Question 4

Excluded from the BCEA:

Answer 4

• members of the state security agency
• unpaid volunteers for charity
• persons undergoing vocational training
• persons employed on vessels at sea
• exempt categories of employees