Chapter 4 Flashcards
Basic Conditions of Employment Act
What is the primary purpose of the BCEA?
The main purpose of the BCEA is to advance economic development and social justice by regulating fair labor practices, ensuring minimum employment conditions.
Can employers and employees negotiate conditions more beneficial than those outlined in the BCEA?
Yes, employers and employees can negotiate terms more favorable than those in the BCEA, often achieved through collective agreements, particularly in bargaining councils.
What conditions may be varied in employment contracts according to the BCEA?
Conditions of employment, such as working hours, may be varied through agreements between employers and employees, collective agreements, or bargaining council agreements
Which groups are excluded from the BCEA’s application?
Members of the State Security Agency, voluntary workers for charitable organizations, those undergoing vocational training, and individuals employed on vessels at sea are excluded. However, members of the SANDF are not excluded.
What does the BCEA specify regarding ordinary working hours?
The BCEA limits ordinary working hours to 45 per week, with provisions for progressive reduction through collective bargaining
How is overtime regulated under the BCEA?
Overtime requires an agreement, with a maximum of 10 hours per week. Collective agreements may allow up to 15 hours per week for specific periods, such as seasonal demands.
What are the provisions for annual leave according to the BCEA?
Employees are entitled to 21 consecutive days of annual leave, accruing at a specified rate. Leave must be taken within 6 months of the leave cycle, with additional provisions for public holidays during leave
How does the BCEA address public holiday work?
If an employee works on a public holiday, they are entitled to double the ordinary wage, with variations depending on whether the day is a normal working day.
Can the BCEA’s minimum conditions be varied by collective agreements?
Yes, the BCEA allows variations in employment conditions through collective agreements, both within and outside bargaining councils, subject to certain limitations.
Who is responsible for monitoring and enforcing BCEA compliance?
Labor inspectors are responsible for promoting, monitoring, and enforcing BCEA compliance, conducting inspections and investigations without notice, and issuing compliance orders to employers if necessary.
