Guidelines » Basic conditions of Employment Act »

PURPOSE AND APPLICATION

Contents

1. WHAT IS THE PURPOSE OF THE ACT?
2. TO WHOM DOES THE ACT APPLY?
2.1. Generally
2.2. Casual Employees
2.3. Temporary Employees
2.4. Temporary employment services (Labour Brokers)
2.5. Independant contractors?
3. CONTRACTING OUT OF THE BCEA

Downloadable Forms Click here to access these documents in the Forms section

BCEA 2: Wages register
BCEA 3: Attendance register
BCEA 4: Payslip
BCEA 5: Certificate of service

WORKING HOURS

Contents

1. ORDINARY HOURS OF WORK
1.1 Daily hours
1.2 Weekly hours
1.3 Emergency work
2. OVERTIME
3. COMPRESSED WORKING WEEK
4. AVERAGING OF HOURS
5. MEAL INTERVALS
6. REST PERIODS
7. SUNDAYS AND PUBLIC HOLIDAYS
8. NIGHT WORK

LEAVE

Contents

1. ANNUAL LEAVE AND LEAVE PAY
2. SICK LEAVE
3. MATERNITY LEAVE
4. FAMILY RESPONSIBILITY LEAVE
5. OCCASIONAL LEAVE

EMPLOYMENT CONTRACTS

Contents

1. WRITTEN PARTICULARS OF EMPLOYMENT TO BE KEPT
2. EMPLOYEES TO BE INFORMED OF THEIR RIGHTS
3. KEEPING OF RECORDS
4. INFORMATION ABOUT REMUNERATION
5. CERTIFICATE OF SERVICE
6. REMUNERATION: CALCULATION, PAYMENT AND DEDUCTIONS

TERMINATION OF EMPLOYMENT

Contents

1. NOTICE PERIODS
2. PAYMENT IN LIEU OF NOTICE
3. EMPLOYEES IN ACCOMMODATION PROVIDED BY THE EMPLOYER
4. SEVERANCE PAY

EMPLOYMENT OF CHILDREN

The Act prohibits the employment of children who are under school-leaving age. In terms of the Schools Act of 1996, children must attend school until the last day of the year in which they turn 15 or the ninth grade, whichever is first. In any event, children over that age may also not be employed […]

SECTORAL DETERMINATIONS

The starting point in considering what basic conditions of employment apply to your business, is the Basic Conditions of Employment Act of 1997 (BCEA). It is, however, just as important determine in what industry your business is, because there may be some variations to the BCEA that apply to you. This can be as a […]