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Summary BASIC CONDITIONS OF EMPLOYMENT ACT, 1997
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The following is a summary of the provisions of the most important sections of the Basic Conditions of Employment Act, 1997, as amended.
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BCEA 1A(Regulation 2)
BASIC CONDITIONS OF EMPLOYMENT ACT, 1997
SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMS OF SECTION 30
The following is a summary of the provisions of the most important sections of the Basic
Conditions of Employment Act, 1997, as amended.
1. 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.
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. (see paragraph 7 below).
2. REGULATION OF WORKING TIME : CHAPTER TWO
2.1 Application
This chapter does not apply to senior managerial employees, employees engaged as sales staff
who travel and employees who work less than 24 hours a month.
2.2 Ordinary hours of work : Section 9
No employer shall require or permit an employee to work more than
(a) 45 hours in any week;
(b) nine hours in any day if an employee works for five days or less in a week; or
(c) eight hours in any day if an employee works on more than five days in a week.
2.3 Overtime : Section 10
2.3.1 An employer may not require or permit an employee
(a) to work overtime except by an agreement;
(b) to work more than ten hours’ overtime a week.
2.3.2 An agreement may not require or permit an employee to work more than 12 hours on
any day.
2.3.3 A collective agreement may increase overtime to fifteen hours per week for up to two
months in any period of 12 months.
2.3.4 Overtime must be paid at 1.5 times the employee’s normal wage or an employee may
agree to receive paid time off.
2.4 Compressed working week : Section 11
, 2
2.4.1 An employee may agree in writing to work up to 12 hours in a day without receiving
overtime pay.
2.4.2 This agreement may not require or permit an employee to work
(a) more than 45 ordinary hours in any week;
(b) more than ten hours’ overtime in any week; or
(c) more than five days in any week.
2.5 Averaging of hours of work : Section 12
2.5.1 A collective agreement may permit the hours of work to be averaged over a period of up
to four months.
2.5.2 An employee who is bound by such a collective agreement may not work more than
(a) an average of 45 ordinary hours in a week over the agreed period;
(b) an average of five hours’ overtime in a week over the agreed period.
2.6 Meal intervals : Section 14
2.6.1 An employee must have a meal interval of 60 minutes after five hours work.
2.6.2 A written agreement may
(a) reduce the meal interval to 30 minutes;
(b) dispense with the meal interval for employees who work fewer than six hours on a
day.
2.7 Daily and weekly rest period : Section 15
An employee must have a daily rest period of 12 consecutive hours and a weekly rest period of
36 consecutive hours, which, unless otherwise agreed, must include Sunday.
2.8 Pay for work on Sundays : Section 16
2.8.1 An employee who occasionally works on a Sunday must receive double pay.
2.8.2 An employee who ordinarily works on a Sunday must be paid at 1.5 times the normal
wage.
2.8.3 Paid time off in return for working on a Sunday may be agreed upon.
2.9 Night work : Section 17
2.9.1 Employees who work at night between 18h00 and 06h00 must be compensated by
payment of an allowance or by a reduction of working hours and transport must be
available.
2.9.2 Employees who work regularly after 23:00 and before 06:00 the next day must be
informed
(a) of any health and safety hazards; and
(b) the right to undergo a medical examination.
2.10 Public holidays : Section 18
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