Tag: Basic Conditions of Employment Act (BCEA)

Working time including overtime is regulated by the Basic Conditions of Employment Act, but many workers are not familiar with the technicalities of these laws and many employers do not adhere to the rules.

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices. 

In terms of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), all employees are entitled to a minimum number of days leave per year. This minimum leave entitlement is 21 consecutive days leave per annual leave cycle, which is in effect 15 working days leave per annum.

Navigating complex BEE requirements to ensure compliancy can be a tricky process for many businesses. Since the implementation of BEE in 2003, there have been many high-profile cases of companies found to have faked their BEE credentials and many who have failed their verification audits for other reasons.

The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019. The NMWA provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission; a review and annual adjustment of the national minimum wage; and the provision of an exemption from paying the national minimum wage.  

On 23 November 2018, the Labour Laws Amendment Bill was signed into law. The Bill provides a minimum period of leave entitlement to employees who are fathers, adoptive parents and parents in a surrogate motherhood agreement, amending the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act (UIF).

If you have signed an employment contract that specifies something different to the Basic Conditions of Employment Act (BCEA), this will supersede what’s outlined in the Act provided that there is agreement between the parties and the conditions specified are not less favourable than the BCEA. 

On 26 July this year, the Constitutional Court clarified that organisations are deemed to be the employer of workers they accessed through labour brokers after those employees have been employed at their workplace for more than three months.

Other than the structural issues our society faces, one factor that has been fueling the existing gender pay gap in South Africa is the educational and career choices young women make.

In business and labour, sick notes are of utmost importance, they play a far bigger role in effective HR management than many realise. Misunderstanding of the basic function of the sick note can lead to problems in terms of people management.