BCEA Flashcards
What is the BCEA?
The Basic Conditions of Employment Act (no. 75 of 1997) prescribes certain minimum conditions of employment, which employers must adhere to. These conditions ensure that employees are treated fairly in the workplace
This applies to all employees except for members of:
The National Defence Force
The National Intelligence Agency
The South African Secret Service
Unpaid charity workers
What does the BCEA consist of?
-Working hours/Ordinary hours – minimum 40 – 6 days per week and maximum 45 – 5 days per week
-Overtime – maximum 12 hrs on any day, 1.5 times daily wage/rate
-Meal breaks – 1 hour after 5 hours of continuous work
-Rest periods – daily 12 hours, weekly 36 hours
-Night work
-Sunday and Public Holiday work – double rate and 1.5 times daily wage/rate
-Annual leave – 21 consecutive days paid leave – 1 annual leave day for every 17 days worked
-Sick leave – 36 month cycle – first six months entitled to 1 sick leave day for every 26 days worked.
-Maternity leave – 4 months (4 weeks before and 6 weeks after)
-Parental leave – 10 days – child under 2 years old
-Family responsibility leave – 3 days per year
-Remuneration
-Deductions – UIF, PAYE, Trade Union levies etc
-Notice periods – 1 week = employer 6 months or less, 2 weeks = employed for more than 6 months but not more than 1 year, 4 weeks = employed for one year or more
How are the working hours explained?
Ordinary working hours:
Maximum hours per week = 45 hours
5 days per week = maximum 9 hours per day
6 days per week = maximum 8 hours per day
Overtime:
Only by arrangement, but the employee cannot be unreasonable
1½ normal wage or, by arrangement, paid leave equal to the value of the overtime
Maximum = 12 hours on any day (collective agreement can make provision to increase the 10 hours to 15 hours per week – only allowed for 2 months in a 12-month period)
Extended ordinary daily working hours:
By agreement, 12 hours per day without overtime (not more than 5 days per week)
Normally average over 4 months – not exceeding 45 hours per week and 5 hours overtime per week
Meal breaks:
60 minutes after 5 hours worked (can be reduced by agreement)
If the employee needs to be available during his/her lunch break, she/he needs to be paid for that period
Daily and weekly rest period:
Daily – 12 hours between ending and starting of work
Weekly – 36 hours per week (consecutively)
Night work:
Provision is made for two kinds of night work.
-Work done between 18:00 and 06:00:
Employees must be reimbursed by being paid an allowance or by having their working hours reduced. Transport must be available for them.
-‘Regular’ work done between 23:00 and 06:00:
The employer must also inform such employees about the health and safety hazards of night work and provide them with a free medical examination on request. ‘Regularly’ means at least five times a week or 50 times a year.
Work on Sundays and Public Holidays:
The act distinguishes between the following two categories of employees working on a Sunday:
-Employees who do not work normally on a Sunday
They should be paid double their usual rate but (notwithstanding the hours worked) may not be paid less than one day’s wages or may be paid (by agreement) by granting paid leave in proportion.
This time is considered overtime and is subject to the overtime maximum of 10 hours per week.
-Employees who work normally on a Sunday
They should be paid only at 1½ times their usual rate but (notwithstanding the hours worked) may not be paid less than one day’s wages or may be paid (by agreement) by granting paid leave in proportion,
This time should be included in and subject to the maximum of 45 hours per week.
How is leave explained?
Annual leave:
-Three weeks fully paid after every 12 months continuous employment
-Cannot pay out leave
-Leave owing to the employee must be paid out on termination of employment (with notice)
Sick leave:
-Six weeks paid leave for every 3 years of continued employment
-During first 6 months – entitled to 1 day paid sick leave for every 26 days worked
-Normally – medical certificate after 2 consecutive days or if there is a pattern (organisation’s policy can make provision otherwise)
Maternity leave:
-Four continuous months unpaid leave (4 weeks before and 6 weeks after)
-Night shift/dangerous work – provide alternative while employee is pregnant or breastfeeding and 6 months after
-Rights of a working breastfeeding mom:
According to the Code of Good Practice on the protection of employees during pregnancy and after the birth of a child, arrangements should be made for you to have 2 breaks of 30 minutes per day for breastfeeding or expressing milk. This should be arranged for every working day for the first 6 months of your child’s life.
A clean, hygienic, private space should be provided for the mother to express milk or to breastfeed – the toilet is not appropriate.
Paternity leave
-Fathers are entitled to 10 consecutive days unpaid paternity leave. You will have to claim from the Unemployment Insurance Fund (UIF) for those unpaid days.
This is applicable to fathers who adopt a child under 2 years old. This leave can be taken from the date that the adoption order is given or when the child is placed in the care of the adoptive parents.
The employer should be notified in writing when the leave will be taken unless you’re unable to do so.
Family responsibility leave (only applicable to employees who work 4+ days per week):
-Three days paid leave per year
-Employer can request reasonable proof (e.g., death certificate)
Domestic workers who have been employed by an employer for longer than four months and who work at least four days a week for that employer are entitled to five days family responsibility leave during an annual leave cycle.
