Topic 1:Basic Conditions of Employment Act Flashcards
1
Q
Purpose of the BCEA?
A
- Outlines clear terms and conditions of employment for employers and employees
- Provides minimum requirements for the creation of employment contracts
- Regulates and promotes the right to fair labour practices as outlined in the Constitution
2
Q
Provisions for work hours?
A
- Employees are not allowed to work for more than 45hours per week
- Employees may work 8hours a day if they work more than 5 days a week
3
Q
Provisions for overtime?
A
- Employees can not be forced to work overtime,they must agree to it
- Employees cannot work more than 3hours of overtime per day or more than 10 hours a week
4
Q
Provisions for rest periods?
A
- Must recive 60min break after 5 hours of work
- Employees must have a rest period of 12 hours a day
5
Q
Provisions for Termination of employment?
A
- Working for 6 months or less: 1 weeks notice
- Employed for more than one year: 4 weeks notice
6
Q
Provisions for child and forced labour?
A
-Illegal to employ a child under 15
- Illegal to force an employee to work
7
Q
Provisions for public holidays?
A
- Employees must be paid for public holidays that fall on a working day
- Employees may work on public holidays if there is a mutual agreement and the employee is paid double
8
Q
Provisions for Annual leave?
A
- 21 days per year or 1 day for every 17 days worked
- Annual leave must be granted within 6 months after the leave cycle ha ended
9
Q
Provisions for sick leave?
A
- 30 days sick leave in a 3 year cycle
- 1 day per every 26 days worked
10
Q
Provisions for maternity leave?
A
- Pregnant employees are entitled to 4 months of maternity leave
- Pregnant employees are prevented from preforming work that may be hazardous to them or the unborn child
11
Q
Provisions for Parental leave?
A
- Employees are entitied to 10 days parental leave after the birth of their child.
- Parental leave is unpaid but can be claimed from UIF
12
Q
Provisions for family responsibility leave?
A
- Employee is entitled to 3-5 days of paid leave per year on request
- An employer may require resonable proof
13
Q
Positives of BCEA?
A
- Creates an enabling framework for acceptable employment
- Outlines the basic requirements for an employment contract
14
Q
Negatives of BCEA?
A
- Time consuming and expesive to impliment
- Training costs of the business may increase as employees have to be train on the implimentation of BCEA
15
Q
Non-compliance?
A
- Preventing employees access to employment contracts
- Preventig employees from legaly taking maternity leave
- Refusing a valid medical certificate of a sick employee
16
Q
Penalties for non-compliance?
A
- May recive a compiance order
- May recive lare fines or even a jail sentence
- Business may be taken to the labour court for a ruling
17
Q
Ways to comply?
A
- Provide maternity for pregnant employees
- Ensure that employees do not work more than 45 hours per week
- Pay employees for overtime as stipulated in the provisions
