BCEA Flashcards
Purpose
Outlines clear the Ts and Cs of employment for employers and employees.
Provides regulations regarding minimum employment requirements such as:Work times,Leave, Remuneration,and Prohibition of child labor.
What is the positive impact of BCEA?
Promotes equal opportunity &fair treatment in employment.
Prevents unfair discrimination like race,gender or disability.
Creates a framework of acceptable employment practices.
Outlines minimum requirements for employment contract.
Specifies work hours to prevent exploitation of employees.
What are the negative impacts of BCEA
Time consuming,and expensive.
Employers cannot hire cheap labour.
Employers may not force employees to work more than 45 hours /week,which may result in reduced productivity.
What are the BCEA provisions?
Hours of work
Overtime
Meal breaks
Termination of Employment
Child and forced labour
Public holidays
Leave
Actions regarded non-compliance by the BCEA
Unilaterally changing information in the employment contracts by employers
without consulting employees.
* Forbidding employees to discuss remuneration/wages and salaries matters
with other workers.
* Preventing employees from gaining access to employment contracts.
* Preventing pregnant employees from legally taking maternity leave.
Penalties or consequences for non-compliance with
the BCEA
Businesses that do not comply with the BCEA 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.
* Labour inspectors may conduct investigations and inquiries about complaints
in the context of the BCEA and remove records as evidence.
Ways in which businesses can comply with the BCEA
pay employees for working overtime, as stipulated in the
provisions of the BCEA.
* Ensure that employees do not exceed the stipulated working hours of 45
hours per week.
* Provide maternity leave for pregnant employees.
* Ensure that the employment contracts do not contravene any aspect of the
requirements of the BCEA.
* Allow sick employees to take off the required amount of sick leave i.e, six
weeks in a 3 year cycle.