Business Environments Flashcards
Basic Conditions of Employment Act
The purpose of the act
Sets minimum requirements/standards for the employment contract.
Regulates the right to fair labour practices as set out in the constitution.
Regulates the variations of basic conditions of employment.
Advances economic development and social justice.
Positives of the BCEA
Encourage consultation between employers and employees.
Promotes fair treatment of employees in the workplace.
Negatives of the BCEA
No employer may force an employee to work more than 45 hours in a week as this may result in reduced productivity.
Hiring cheap labour is no longer possible, so businesses cannot exploit worker.
Actions that are considered non-compliant
Forbidding workers to discuss wages/salaries with co-workers.
Preventing workers from having access to employment contracts.
Refusing to accept a valid medical certificate of a sick worker.
Refusing to grant a worker family responsibility leave to support a sick family member.
Consequences of non-compliance
Businesses may be taken to the labour court for a ruling.
They can be ordered to pay compensation and damages to the employee.
The Director General may change the compliance order.
Businesses that are found guilty of non-compliance may face heavy fines/penalties.
Ways in which businesses can comply with the act
Workers can take up to 6 weeks paid leave during a 36 month cycle.
Workers must receive double if they work during public holidays/Sundays.
They must have a break of 60 minutes after five hours of work.
Businesses should not employ children under the age of 15.
Ordinary hours of work/ Working time/ Hours of work
Workers may not work for more than 45 hours in any week.
Workers may work for 9 hours a day if they work 5 days or less per week OR 8 hours a day if they work more than 5 days a week.
Night work performed after 18:00 and before 6:00 the next day by agreement, must be compensated by allowance/reduction of work hours.
Ordinary work hours may be reduced to a maximum of 40 hours per week OR 8 hours per day.
Overtime
Workers must agree to work overtime.
Workers cannot work more than 3 hours overtime per DAY OR 10 hours PER WEEK.
Overtime must be compensated as follows:
- One and half times the normal rate of pay for overtime worked on weekdays and Saturdays.
- Double the normal rate of pay for overtime worked on Sundays and public holidays.
- Overtime must be paid either at specified rate for overtime OR an employee may agree to receive paid time off.
Minister of Labour may prescribe the maximum permitted working hours, including overtime, for health and safety reasons for a certain category of work.
Annual Leave
Workers are entitled to:
21 consecutive days annual leave per year OR 1 DAY for every 17 days worked OR 1 HOUR for every 17 hours worked.
An employer can only pay a worker in lieu of leave if that worker leaves the job.
Sick Leave
Workers are entitled to:
6 WEEKS paid sick leave in a period of 36 months OR 1 DAY paid sick leave for every 26 days worked during the first 6 months of employment.
A medical certificate may be required before paying an employee who is absent for more than 2 consecutive days OR who is frequently absent.
Maternity Leave
Workers are entitled to:
A pregnant worker is entitled to 4 consecutive months leave.
A pregnant employee may not be allowed to perform work that is hazardous to her unborn child.
The starting date is usually any time 4 weeks before the expected date of birth OR advise of a doctor/midwife.
Family Responsibility Leave
3 to 5 days paid leave per year on request in the event of the death of the employee’s spouse/ life partner/ parent/ adoptive parent/ grandparent/ child/ adoptive child/ grandchild/ sibling.
An employer may require reasonable proof, before granting this leave.
Male employees are entitled to a maximum of 10 days paternity leave when his child is born.
Meal Intervals and Rest Periods
Workers must have a meal break of 60 minutes after 5 continuous hours of work.
This can be reduced to 30 minutes by written agreement , when working less than 6 hours per day.
A worker must have a DAILY rest period of 12 continuous hours/ a WEEKLY rest period of 36 continuous hours which must include Sundays.
Public Holidays
Worker must be paid for any public holidays that fall on a working day.
Work on public holiday is by agreement and paid at double the rate.
Termination of Employment
A contract of employment may only be terminated following 1 week’s notice if the worker has been employed for 6 months or less.
A minimum of 4 weeks notice must be given, if the worker has been employed for a year or longer.
The employee must be given the notice in writing.
An employee who is retrenched/ dismissed for restructuring reasons is entitled to 1 WEEK’S severance pay for EVERY YEAR of service.
Prohibition of employment of children/ Child and Forced Labour
No person may employ a child who is under 15 years of age/ younger than 16 of age.
No person may demand or impose forced labour.
