She is an attorney with extensive expertise in anti-discrimination law and equal ity, employment equity, labour law and constitutional law. The Constitution of South Africa , Act of was adopted on 10 May and came into effect on 4 February The Constitution is the supreme law of the land, binding on all organs of State at all levels of government. South Africa is a State founded on the principles of a constitutional democracy.
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All employers must display a copy of this summary of the Basic Conditions of Employment Act in the workplace. Click on form to download in specific language. All forms are.
In terms off the Basic Conditions of Employment Act, any party to an employment contract must give to the other notice of termination as follows:. One week, if the employee has been employed for 6 months or less;. A collective agreement may shorten the 4 weeks notice period to not less than 2 weeks. Notice must be given unless it is give by an illiterate employee. What is the procedure for termination of employment?
Whilst the contact of employment makes provision for the termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed.
If an employee is dismissed without a valid reason or without a fair procedure the employee may approach the CCMA for assistance. Pro- rata leave and severance pay might be payable. In the event of a worker being unable to return for work due to disability the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary.
The employer must try to accommodate the employee as far as possible for example, amending or adopting their duties to suit the disability. The Labour Relations Acct 66 of sets out the procedures to be followed at the termination of services in the Code for Good Practice, in Schedule 8. What about matters such as transport allowances, bonuses, increases etc.?
These are not regulated by Basic Conditions of Employment Act and are therefore open to negotiation between the parties. What does the Act says about working hours? Normal hours excluding overtime. A worker may not bee made to:. Overtime must be paid at 1. Daily and weekly rest periods. A daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive ours, which must include Sunday, unless otherwise agreed, must be allowed. The daily rest period by agreement be extend to 60 consecutive hours two weeks or be reduced to eight hours in any week if the rest period in the following week is extended equivalently.
What does the Act says about meal intervals? A worker is entitled to a one-hour break for a meal after not more than five hours work. Such interval may be reduced to 30 minutes, by agreement between the parties. If required or permitted to work during this period, remuneration must be paid. What does the Act says about Sunday work? Work on Sundays is voluntary and a worker can therefore not be forced to work on a Sunday. Paid time off in return for working on a Sunday may be agreed upon.
What does the Act says about Public holidays. The days mentioned in the Public holidays Act must be granted but the parties can agree to further public holidays. Work on a public holiday is entirely voluntary and a worker may not be forced to work on such public holiday.
These days can be exchanged for any other day by agreement. What does the Act says about annual Leave. Annual leave may not be less than 21 consecutive days for full time workers or by agreement, one day for every 17 days worked or one hour for every 17 hours worked. The leave must be granted not later than 6 months after the completion of the period of 12 consecutive months of employment.
The leave may not be granted concurrent with any period of sick leave, nor with a period of notice of termination of the contract of employment. What does the Act says about sick leave? During every sick leave cycle of 36 months an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. What does the Act says about maternity leave? The employer is not obliged to pay the domestic worker for the period for which she is off work due to her pregnancy.
What does the Act says about family responsibility leave? Can an employer make deductions from my salary without my permission? Excluding pension, taxes and unemployment fund contributions. Are there any other issues, which are not regulated by the ACT?
Is there any prohibition of employment? The Basic Conditions of Employment Act prohibits employment of any person under the age of 15 and it is therefore important for an employer to verify the age of the domestic worker by requesting a copy of the identity document or birth certificate.
What does the Act says about other conditions of employment? There is no provision, which prevents any other conditions of employment being included in a contract of employment but any provision, which sets conditions which are less favourable than those set by the Act, should be invalid.
Summary of the Employment Equity Act, 55 of , issued in terms of Section 25 1. Chapter 1 — Definitions, purpose, interpretation and application. The purpose of the Act is to achieve equity in the workplace, by.
Chapter II sections 5 — 11 applies to all employers and employees. Chapter III sections 12 — 27 applies to designated employers. A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in Schedule 4 of the Act, municipalities and organs of state.
Employers can also volunteer to become designated employers. A designated group means black people, women, or people with disabilities. Chapter 2 - Prohibition of Unfair Discrimination. Medical testing of an employee is permissible only when legislation requires testing or when this is justifiable for various reasons. HIV testing is prohibited unless such testing is determined to be justifiable by the Labour Court. Psychological testing and similar assessments are prohibited, unless the test is scientifically valid and reliable, can be applied fairly to all employees, and is not biased against any employee or group.
An employee, or applicant for employment, may refer a dispute concerning alleged unfair discrimination or medical or psychological testing to the CCMA for conciliation. This must be done within six months of the alleged discrimination or testing.. If a dispute is not resolved at conciliation, a party may refer it to the Labour Court for adjudication. The parties to a dispute may also agree to refer the dispute to arbitration. Unfair dismissal disputes in which unfair discrimination is alleged must be dealt with in terms of the Labour Relations Act.
The dismissal must be referred to the CCMA within 30 days. Chapter 3 — Affirmative Action. A designated employer must implement affirmative action measures for designated groups to achieve employment equity. In order to implement affirmative action measures, a designated employer must:. Affirmative action measures are measures intended to ensure that suitably qualified employees from designated groups have equal employment opportunity and are equitably represented in all occupational categories and levels of the workforce.
Such measures must include:. This excludes quotas. Designated employers are not required to take any decision regarding an employment policy or practice that would establish an absolute barrier to prospective or continued employment or advancement of people not from designated groups.
A designated employer must take reasonable steps to consult with representatives of employees representing the diverse interests of the workforce on the conducting of an analysis, preparation and implementation of a plan, and on reporting to the Director-General. To ensure meaningful consultation, the employer must disclose relevant information to the consulting parties, subject to section 16 of the Labour Relations Act 66 of A designated employer must conduct an analysis of employment policies, practices, procedures, and working environment so as to identify employment barriers that adversely affect members of designated groups.
The analysis must also include the development of a workforce profile to determine to what extent designated groups are under-represented in the workplace. A designated employer must prepare and implement a plan to achieve employment equity, which must:. An employer who employs fewer than employees must submit its first report to the Director-General within 12 months after the commencement of the Act, and thereafter every 2 years on the first working day of October.
An employer who employers or more employees, must submit its first report 6 months after the commencement of the Act, and thereafter every year on the first working day of October.
A designated employer must assign one or more senior managers to ensure implementation and monitoring of the employment equity plan and must make available necessary resources for this purpose. A statement of remuneration and benefits received in each occupational category and level of the workforce must be submitted by a designated employer to the Employment Conditions Commission ECC.
Where there are disproportionate income differentials, a designated employer must take measures to reduce it progressively. Such measures may include collective bargaining, compliance with sectoral determinations section 51 of the Basic Conditions of Employment Act ; the application of norms and benchmarks recommended by the ECC, relevant measures contained in skills development legislation, and any other appropriate steps.
Employee or trade union representatives can monitor contraventions of the Act and report to relevant bodies. Labour Inspectors are authorised to conduct an inspection as provided for in sections 65 and 66 of the Basic Conditions of Employment Act. If the inspector has reasonable grounds to believe that a designated employer has failed to comply with its obligations in terms of the Act, the inspector will obtain a written undertaking to comply within a specified period.
If the designated employer refuses to comply with the written undertaking, the inspector will issue an order to comply. The Director-General may conduct a review to determine whether an employer is complying with the Act..
On completion of the review, the Director-General may make recommendations for compliance within certain time frames. The Labour Court has the powers to make any appropriate orders, award compensation, or impose fines.
The Act protects employees who exercise their rights and obligations under the Act against victimisation, obstruction and undue influence. Chapter VI — General Provisions. Designated employers and employers who voluntarily comply with Chapter III, who seek to do business with any organ of state, will have to apply for a certificate from the Minister confirming their compliance with Chapters II and III of the Act.
Should employees contravene any provision of this Act, while performing their duties, the employer will be liable unless the employer can prove that it did everything in its power to prevent the undesired act. The edition of the Labour Law and Employment Manual is now available click here for more information. Online Course.
The Basic Conditions of Employment Act
The South African Basic Conditions of Employment Act
Application of the Act: Section 3. The Act applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for an organisation with a charitable purpose. In terms of a ministerial determination as permitted by section 6 3 of this Act: employees earning in excess of R per annum are excluded from section 6 to 17 and 18 3. In terms of the determination, earnings mean gross pay before deductions for income tax, pension, medical and similar payments. The basic conditions of employment contained in the Act form part of the contract of employment of employees covered by the Act. Some, but not all, basic conditions of employment may be varied by individual or collective agreements in accordance with the provisions of the Act. Regulation of working time.
South African immigration legislation stipulate that foreign workers must be remunerated and employed fairly. The Basic Conditions of Employment Act is the yardstick against which this is measured. This document stipulates the conditions under which employees, both South African and foreign, must be employed. Your work visa would not have been approved if your South African employer does not meet the requirements of the Act.
South African workers and employers enjoy many rights, thanks to the Basic Conditions of Employment Act. Who does the Act apply to? Working hours. Compressed work week: You may agree to work up to 12 hours a day without paid overtime. This agreement must be in writing. Averaging: A collective agreement may allow your working hours to be averaged over a period of up to 4 months.