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Summary LRM2601-Notes for examination Workbook 06
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Notes on Workbook 06
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LRM2601 – EXAMINATION PREPARATIONWORKBOOK 06
Other relevant Legislation
In relation to labour legislation in South Africa, the most important Acts that govern specific issues concerning
the relationship between employers and employees are as follows:
▪ Collective bargaining: The Labour Relations Act 66 of 1995 (discussed in Chapter 4)
▪ Minimum terms and conditions of employment: The Basic Conditions of Employment Act 75 of 1997
and sectoral determinations issued under it
▪ Health and safety of employees: The Occupational Health and Safety Act 85 of 1993 and the Mine
Health and Safety Act 29 of 1996 for employees in the mining sector
▪ Social security: The Compensation for Occupational Injuries and Diseases Act 130 of 1993 and the
Unemployment Insurance Act 63 of 2001
▪ Training: The Skills Development Act 97 of 1998 and the Skills Development Levies Act 9 of 1999
▪ Equity and affirmative-action: The Employment Equity Act 55 of 1998 and the Broad-Based Black
Economic Empowerment Act 53 of 2003
The following legislation also impacts on ER and HRM but falls outside the scope of this publication.
• Freedom of speech: The Protected Disclosures Act 26 of 2000
• Privacy: The Protection of Personal Information Act 4 of 2013 (POPI Act) (partly put into effect on 11
April 2014)
• Regulation of temporary employment services: The Employment Services Act 4 of 2014
• Employment creation: The Employment Tax Incentive Act 26 of 2013 (ETI Act) (Nel, 2016, p. 216)
1. BCEA purpose and application of the Act:
1.1 Purpose and application
To promote economic development and social justice through the institution and enforcement of basic
conditions of employment.
The Act is applicable to all employees and employers, except members of the SANDF, NIA, SASS and unpaid
charity workers.
The basic conditions of service laid down by the Act form part of every employment contract, unless they are
replaced, amended or excluded in accordance with the Act or unless the employee has negotiated for more
favourable conditions
1.2 Working time
Ordinary hours of work:
➢ The maximum ordinary weekly hours are 45.
➢ An employee who works five days or less a week are allowed to work a maximum of 9 hours a day.
➢ Employees who work six days a week are allowed to work 8 hours a day.
➢ This excludes lunch breaks.
Overtime:
➢ Overtime may only be worked on agreement.
➢ An employee may not work more than three hours overtime in a day, or ten hours overtime in a week.
➢ The employee can be compensated by either being paid 1.5 times his/her normal wage or be granted
time off that is equivalent to the value of the overtime pay.
Extended ordinary daily hours of work:
➢ An agreement may allow an employee to work up to 12 hours per day without receiving overtime.
➢ The employee may not work more than five days in a week.
Meal intervals:
➢ After every five hours of work, an employee is entitled to a meal break of up to 60 minutes.
, ➢ This may be reduced to 30 minutes by agreement.
➢ An employee required to work or be available for work during the meal interval must receive additional
pay.
Daily/weekly rest periods:
➢ An employee must have a daily rest period of at least 12 hours between ending and starting work the
next day.
➢ Every employee must have a rest period of at least 36 consecutive hours each week.
➢ The rest period must include a Sunday, unless otherwise agreed.
Night work:
➢ Night work is defined as work being performed between 18H00 and 06H00.
➢ Employees must be compensated with a night shift allowance or reduced working hours.
➢ Transport must also be provided for the employees.
Sunday work and remuneration:
➢ Employees who does not normally work on Sundays must be paid double their hourly wage.
➢ If the employee normally works on a Sunday, the employer must pay the employee 1.5 times their
normal wage.
➢ Time off may also be granted instead of being paid for work performed on a Sunday.
Public holidays:
➢ Employees must be paid their normal wages for a public holiday that falls on a working day.
➢ Employees are only required to work on a public holiday by agreement.
➢ Work on a public holiday must be remunerated at double rates.
Emergency work:
➢ The limits on ordinary and overtime working hours and the requirements for meal intervals and rest
periods do not prevent the performance of emergency work.
1.3 Leave
Annual leave:
➢ All employees are entitled to 3 weeks fully paid leave after every 12 months of continuous employment.
➢ 1 day’s leave = every 17 days of employment
➢ Annual leave accrues at 1.25 days for employees who work 5 days a week and 1.5 days for employees
who works 6 days a week.
Sick leave:
➢ An employee is entitled to 6 weeks paid sick leave for every 36 months of continuous employment.
➢ However, an employee is only entitled to 1 day’s paid sick leave for every 26 days worked during the
first 6 months of employment.
A recent CCMA case ruled a medical certificate obtained under false circumstances invalid. Under these
circumstances the employer is not obliged to honour the certificate, and disciplinary action, including dismissal,
may follow.
A valid medical certificate, according to the Rules of the Medical and Dental Professions Board (Rule 15.1),
should comprise the following:
o Name, address and qualification of practitioner
o Name of patient
o Employment number of patient
o Date and time of examination the certificate is issued as a result of personal observation, or as a result
of information received from the patient
o Description of the illness – the patient may withhold consent to declare the illness
o Capacity to which patient is able to perform normal or less strenuous duties
o Exact period of sick leave and date of issuing certificate
o Clear identity of practitioner who issued certificate, which must be personally and originally signed by
him or her
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