MRL3702 Study Unit 3 Basic Conditions Of Employment Act | Questions And Answers
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BCEA - Gives effect to and regulates the constitutional right to fair labor practices by :
1. establishing and enforcing basic, minim conditions of employment.
2. Regulates the variation of such conditions by way of various mechanisms, and within a framework of
regulated flexibility.
3. gives effect to international standards for work by children.
4. ensures decent work for all workers and
5. prohibits exploitative conduct by employers towards employees.
EMPLOYEES EXCLUDED FROM BCEA - 1. members of the National Defence Force
2. members of the State Security Agency
3. unpaid volunteers working for charitable organisations
4. people undergoing vocational training except to the extent that any term of their employment is
regulated by the provisions of any other law
5. people employed on vessels at sea
6. independent contractors.
CHAPTER 2 OF THE BCEA WHICH DEALS WITH WORKING TIME DOES NOT APPLY TO - 1. Senior
managerial employees
2. sales staff who travel to the premises of customers and who regulate their own hours of work
3. employees who work less than 24 hours a month for an employer
4. employees who earn more than the BCEA threshold of R205 433 per year.
CHAPTER 3 OF THE BCEA WHICH DEALS WITH LEAVE DOES NOT APPLY TO - 1. Employees who work for
less than 24 hours a month - such workers will be entitled to the leave agreed upon between the
employer and employee.
WAGES - Neither BCEA nor any other law stipulates minimum wages for employees.
, NOTICE PERIOD - Contract of employment for an indefinite period may be terminated by either the
employer or the employee by giving notice of intention to terminate the contract.
Notice must adhere to the notice periods required in terms of the contract of employment.
If the contract does not make provision for a notice period, the BCEA provides minimum notice periods
which both employees and employers have to comply with.
BCEA PROVIDES THAT CONTRACT OF EMPLOYMENT MUST BE TERMINATED IN WRITING BY WAY OF A
NOTICE PERIOD OF NOT LESS THAN - 1. one week, if the employee has been employed for six months or
less
2. two weeks, if the employee has been employed for more than six months but not more than one
year,
3. four weeks, if the employee has been employed for one year or more, or is a farm worker or domestic
worker who has been employed for more than six months
SEVERANCE PAY - 1. equal to at least one weeks pay for each completed year of continuous service with
that employer.
2. An employee, who unreasonably refuses to accept an offer of alternative employment with that
employer or any other employer, is not entitle to severance pay.
3. I.t.o. Labour Relations Amendment Act, if an employees fixed term contract is justifiably extended
beyond 24 months, such employee will receive a severance package of one weeks salary per completed
year of service.
BCEA PROHIBITS A PERSON FROM REQUIRING OR PERMITTING A CHILD TO PERFORM WORK OR TO
PROVIDE SERVICES THAT ARE: - 1. inappropriate for his/her age
2. place at risk the childs well-being, education physical or mental health,
3. spiritual, moral or social development.
CHILDREN WHO ARE AT LEAST 15 YEARS OLD AND ARE NO LONGER SUBJECT TO COMPULSORY
SCHOOLING I.T.O ANY LAW ARE ALLOWED TO WORK IN - 1. Advertising
2. sporting
3. artistic and cultural activities
SECTORIAL DETERMINIATION 10 - Children in Performance of Advertising, Artistic and Cultural Activities
- permit must be obtained from DoL to employ children in these circumstances.
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