U4 ch 3

Question 1

What limits freedom of contract in the employment context?

Answer 1

All employment contracts are bound to minimum terms and conditions in the BCEA and applicable collective agreements.

Question 2

When did the National Minimum Wage Act come into effect, and what is the current NMW?

Answer 2

The Act came into effect in 2018. The current NMW as of 1 March 2024 is R27.58 per ordinary working hour.

Question 3

What are the penalties for non-compliance with the National Minimum Wage for a first offense?

Answer 3

The greater of twice the value of the underpayment or twice the employee’s monthly wage.

Question 4

What is the fine for second or further non-compliance with the National Minimum Wage?

Answer 4

The greater of three times the value of the underpayment or three times the employee’s monthly wage.

Question 5

What are the main purposes of the BCEA?

Answer 5

To advance economic development and social justice by establishing, enforcing, and regulating basic conditions of employment.

Question 6

To whom does the BCEA apply?

Answer 6

The BCEA applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service, and unpaid charity workers.

Question 7

What is the annual remuneration threshold for the application of certain provisions of the BCEA?

Answer 7

R254,371.67 based on gross annual remuneration.

Question 8

What is excluded from an employee’s regular annual remuneration for BCEA purposes?

Answer 8

Subsistence/transport allowances, achievement awards, and overtime payments.

Question 9

What is the maximum number of ordinary working hours per week under the BCEA?

Answer 9

45 hours per week (9 hours per day for a 5-day work week, or 8 hours per day for a 6-day work week).

Question 10

What is the maximum amount of overtime an employee can work under a standard agreement?

Answer 10

10 hours per week, not exceeding 12 hours in one day.

Question 11

How much should employees be paid for overtime worked?

Answer 11

One and a half times the employee’s normal wage, or as agreed with paid free time for overtime hours worked.

Question 12

What is a compressed working week, and what are the limits?

Answer 12

Employees can work up to 12 hours a day (without overtime pay) but may not work more than 45 ordinary hours per week or more than 10 hours overtime per week.

Question 13

What does averaging of working hours entail?

Answer 13

A collective agreement can allow for working hours to be averaged over up to 4 months, with no overtime pay, provided the average does not exceed 45 hours per week.

Question 14

What rest periods are employees entitled to under the BCEA?

Answer 14

A daily rest period of 12 hours and a weekly rest period of 36 hours, including a Sunday unless agreed otherwise.

Question 15

How much should an employee be paid for work done on Sundays?

Answer 15

Double the wage for each hour worked, or 1.5 times the wage if the employee normally works on Sundays.

Question 16

What are the rules regarding meal intervals?

Answer 16

Employees are entitled to a 1-hour meal break after 5 hours of continuous work, which can be reduced to 30 minutes by written agreement.

Question 17

What are the provisions for night work?

Answer 17

Night work (between 18:00 and 06:00) can only be done by agreement between the employer and employee.

Question 18

How much should an employee be paid for work on public holidays?

Answer 18

At least double the ordinary wage, and more if longer hours are worked.

Question 19

Who is exempt from the working time regulations under the BCEA?

Answer 19

Senior managerial employees, sales staff who regulate their own hours, employees working less than 24 hours per month, and those earning over R254,371.67 annually.

Question 20

Who are the leave regulations in the BCEA not applicable to?

Answer 20

Employees who work less than 24 hours a month or those entitled to more leave than provided for in the BCEA, unless otherwise agreed.

Question 21

How many days of annual leave is an employee entitled to under the BCEA?

Answer 21

At least 21 consecutive days for each year worked.

Question 22

Can annual leave be taken during a notice period or other leave period?

Answer 22

No, annual leave cannot be taken during any other leave period or during the notice of termination.

Question 23

What happens if a public holiday falls during an employee’s annual leave?

Answer 23

An additional day of paid leave must be granted.

Question 24

How is paid sick leave calculated in the BCEA?

Answer 24

An employee is entitled to paid sick leave equal to the number of days they would have worked in six weeks for every sick leave cycle (36 months).

Question 25

How many days of paid sick leave is an employee entitled to in their first 6 months?

Answer 25

One day’s paid sick leave for every 26 days worked.

Question 26

What is required if an employee is absent for more than two consecutive days due to illness?

Answer 26

A medical certificate must be produced upon the employer’s request to be paid.

Question 27

How many months of maternity leave is an employee entitled to under the BCEA?

Answer 27

At least four consecutive months of unpaid maternity leave.

Question 28

When can an employee start maternity leave?

Answer 28

At any time from four weeks before the expected birth date.

Question 29

How long must an employee refrain from working after childbirth?

Answer 29

Six weeks, unless certified fit to work by a medical practitioner or midwife

Question 30

What special protections are given to pregnant employees or employees nursing their child?

Answer 30

They cannot be required to perform hazardous work, and suitable alternative employment must be offered if necessary.

Question 31

What is family responsibility leave and who is entitled to it?

Answer 31

Three days of paid leave per year for employees employed for more than four months and working at least four days a week, for a sick child or death of a family member.

Question 32

What types of leave were introduced by the Labour Laws Amendment Act of 2018?

Answer 32

Parental leave, adoption leave, and commissioning parental leave.

Question 33

How many consecutive days of parental leave is an employee entitled to?

Answer 33

Ten consecutive days.

Question 34

What is the minimum unpaid adoption leave for an adoptive parent of a child below two years?

Answer 34

Ten consecutive weeks or at least ten consecutive days of parental leave.

Question 35

What must be included in the written particulars of employment?

Answer 35

Details of both employer and employee, place of work, start date, ordinary hours, wages, leave entitlement, and notice periods.

Question 36

Under what conditions can an employer deduct from an employee’s remuneration?

Answer 36

Only if the employee agrees in writing or if required by law, collective agreement, court order, or arbitration award.

Question 37

How is an employee’s wage calculated under the BCEA?

Answer 37

By reference to the number of hours the employee ordinarily works or by reference to wages earned in the preceding 13 weeks if their wage fluctuates.

Question 38

What is the minimum notice period required for an employee who has worked for more than six months but less than a year?

Answer 38

Two weeks’ notice.

Question 39

What is severance pay and when is an employee entitled to it?

Answer 39

Severance pay is at least one week’s remuneration for each completed year of service, and it is paid when an employee is retrenched or the employer becomes insolvent.

Question 40

What must a certificate of service include?

Answer 40

The employee’s name, job, address, and remuneration details upon termination.

Question 41

What age does the BCEA prohibit the employment of children?

Answer 41

Under 15 years or under the minimum school leaving age, whichever is higher.

Question 42

What does the BCEA say about forced labour?

Answer 42

Forced labour is prohibited, and contravening this is a criminal offence.

Question 43

Can a collective agreement vary any basic condition of employment?

Answer 43

Yes, but it cannot vary protections for working hours, health, safety, annual leave to less than two weeks, and sick leave or maternity leave.

Question 44

What authority does the Minister have regarding sectoral determinations?

Answer 44

The Minister can establish basic conditions of employment for sectors, such as minimum wages and housing standards, usually for employees not in trade unions.

Question 45

What role do labour inspectors play under the BCEA?

Answer 45

They advise on rights and obligations, inspect workplaces, investigate complaints, and issue compliance orders.

Question 46

Which court has exclusive jurisdiction over matters regulated by the BCEA?

Answer 46

The Labour Court, except for child and forced labour matters.