Chapter 1 - Basic Conditions of Employment Act

Question 1

Outline/Describe/Explain/Discuss the purpose of the BCEA

Answer 1

• To regulate fair labour practices in accordance with the South African Constitution
• It establishes and enforces basic conditions of employment
• To set minimum standards for employment contracts

Question 2

Discuss/Explain/Evaluate the impact of the BCEA (advantages and/or disadvantages/negatives) on businesses

Answer 2

Advantages

• The rules and regulations are very specific, which clearly guides the employer on how to deal with labour issues
• Provides certainty as to employer and employee rights at a limited cost

Disadvantages

• The employer may have to limit operations if they can’t afford to employ more workers or pay overtime
• Can increase the cost of labour because minimum wages are set for vulnerable workers
• Increased labour costs lead to increased prices – this may affect economic growth

Question 3

Impact of BCEA on workers

Answer 3

Advantages

• Work hours are specified so that the employer cannot exploit employees. An employer cannot force an employee to work overtime unless they agree
• Employees are permitted to join labour unions which have more power in negotiations that the individual
• Employees may submit complaints to labour inspectors who will address these
• It avoids the mistreatment of vulnerable workers

Disadvantages

• Overtime hours are limited which may be a problem for employees who rely on the additional income
• Does not apply to all workers e.g. workers who work less than 24 hours a month

Question 4

Suggest/Recommend ways in which businesses can comply with the Acts.

Answer 4

• An employer may not ask an employee to work overtime, on Sundays or public holidays unless the employee agreed to it
• An employer must provide employees with annual leave
• An employer must give new workers information about their job description and working conditions in writing
• An employer may not deduct any money from a worker’s pay unless the worker agrees in writing
• Managers at all levels must be familiar with the Act, especially on issues such as working hours, overtime, leave and dismissal
• If an employee is dismissed due the employer’s operational requirements. The business must pay the employee one week’s severance pay for every year of continuous service

Question 5

Outline/Discuss penalties/consequences for non-compliance of the BCEA

Answer 5

• If a business does not comply with the regulations as set out in the Act it could be held liable by the CCMA or Labour Court
• Labour inspectors investigate complaints, question people and inspect, copy and remove records
• Labour inspectors may serve a compliance order by writing to the Director General of the department of labour
• The director general may agree, change or cancel the compliance order
• Decisions taken by the Director General bay be challenged in the labour Court

Offences regarding child labour and forced labour are criminal offence

Question 6

Outline/Explain actions regarded as discriminatory by the BCEA

Answer 6

• An agreement between an employer and employee that requires the employee to work more than 12 hours a day
• Requiring employees to work more than 10 huis overtime per week
• When employees worn on Sundays without receiving double pay
• When employees work on Saturday without receiving 1.5 times the normal wage
• Paying employees instead of granting them their annual leave
• When pregnant employee or an employee nursing her child performs work that is hazardous to her or her child

Question 7

Provisions of the BCEA

Answer 7

Provisions of the Basic Conditions of Employment Act (BCEA)

• Overtime.
• Working hours.
• Meal breaks and rest periods.
• Leave conditions.
• Working on public holidays.
• Legal requirements of the employment contract.
• Termination conditions of the employment contract.
• Remuneration.
• Provision for compliance.