STUDY UNIT 4

Basic Conditions of Employment

 Study Outcomes
2

1. Explain to whom the provisions in the BCEA will

be applicable

2. Know the provisions in the BCEA well enough to

solve problems with regard to such provisions
 Definitions
3

1. Go through the definitions on your own time

2. Section 1 of the BCEA

 Basic Conditions of Employment Act
4

1. Contains basic employment conditions that should

be followed by employers and employees alike
2. Regulate ex. remuneration, leave, termination of
employment contract and the methods of
enforcing such provisions
3. Employment conditions can be confirmed by
parties – just shouldn’t be less favorable than
those in the act
 To whom is BCEA applicable?
5

1. Applies to all employers and employees

2. Except those excluded from the definition of
an employee
3. Who is that again?
4. See other people excluded in section 6 and
on p. 81 (Basson)
 Working hours
6

1. BCEA prescribed rules regarding working hours

2. Certain aspects:
1. Maximum hours
2. Overtime
3. Night work
4. Meal and rest breaks
5. Sundays and public holidays
 Working hours
7

1. Maximum hours
1. Max. 45hours/week
2. 9hours/day if 5 days or less
3. 8hours/day if more than 5 days
4. More than that = overtime
5. Total overtime/week not more than 10hours (unless
otherwise agreed in collective agreement)
6. Total hours per day – not more than 12hours
8

2. Overtime
1. 1 and a half normal salary – except:
1. 30 min off at full pay for every hour worked at
normal pay; or
2. 90 min off if no payment for overtime at all
2. Off time iso overtime taken within a month after
overtime worked – except in case of agreement
9

2. Overtime (continue)
1. Overtime voluntary – can however lead to offence
2. Parties in contract or collective agreement
confirm fixed overtime – employer can compel
3. Obliged in emergencies
4. Dismissal in case of reasonable refusal is unfair
10

2. Overtime (continue)
1. Compression
1. Parties agree to longer working hours per day
at normal pay
2. Don’t exceed 12hours/day or 45hours/week
3. Ex. 3 days a week 12hours a day, other 2 days
only 6hours a day
11

2. Overtime (continue)
1. Averaging
1. Parties agree that employee will work an
average of for ex. 5 hours overtime per week
for a specified duration
 Working hours
12

3. Night work
1. After 18:00 till 06:00
2. Consent
3. Extra compensation in the form of “allowance”
4. Duties of employer
5. If employee’s health won’t allow night work –
day work
6. Must properly prove this fact
 Working hours
13

4. Meal and rest breaks

1. 1 hour lunch for 5 hours work
2. Reduced to minimum of 30min
3. Dispensed with?
4. Rest break of 12 hours from day end to start of
new day
5. 36 hours rest break per week
6. Contract can determine otherwise
7. Reduction of rest break?
 Sundays and Public holidays
14

1. Double rate or 1 and a half if Sunday is a normal working

day for the employee
2. employer can give time off equivalent to the difference
between normal tariff and required tariff for Sunday work
3. Take time off within a month of relevant Sunday
4. Employers can’t require employees to work on public
holidays – except in case of agreement
15

5. Employees paid normal tariff on public holidays not

worked
6. If public holiday falls on a day they normally work
– double rates if they have to work in terms of the
agreement
7. If public holiday falls on a day they normally don’t
work – normal tariff paid + extra compensation for
work done on that day (whichever method used to
calculated the amount)
 Annual leave
16

1. All employees entitled to annual paid leave, except those

working less than 24 hours a month
2. 21 days for every 12 month cycle
3. Cycle commences on first day of employment or first day
after previous cycle ends
4. Employer must already grant annual leave within the first 6
months of the new leave cycle
5. If public holiday falls within period of leave : public holiday
added to leave
17

6. By way of agreement : leave reduced to 1 day for 17 days

worked or 1 hour for 17 hours worked
7. If employee occasionally take leave – subtracted from the 21
days
8. Remuneration in stead of leave?
9. Termination of contract :
1. Employee paid for leave due but not taken
2. For an incomplete leave cycle – pay for leave accrued at
1 day leave for 17 days worked

10. Leave can accumulate and be taken in the following leave

cycle
 Sick leave
18

1. First 6 months – 1 day for 26 days worked

2. After that – amount of days normally worked in 6 weeks for
every 36 months cycle
3. At full salary
4. Payment during sick leave reduced by way of agreement
1. When?
2. How much?
5. Medical certificate required?
 Maternity leave
19

1. Employee may not be dismissed due to pregnancy - unfair

2. 4 consecutive months unpaid maternity leave
3. Taken from 4 weeks before due date or as prescribed by
doctor
4. Not work within 6 weeks after birth or miscarriage
5. Protection : pregnant women or new mothers may not word
under unsafe circumstances
 Family responsibility leave
20

1. Worked for longer than 4 months at 4 days per

week for this employer – entitled to 3 days FRL for
every 12 month cycle
2. Unused FRL in 12 month cycle lapses
3. Examples?
4. Employer may require proof of FR
 Remuneration
21

1. Employee entitled to remuneration for services rendered

2. Employer withhold?
3. Forms of remuneration
4. General rules with regard to remuneration
1. How?
2. When?
3. Deductions?
 Notice of termination of contract
22

5. Employee can dispute fairness of termination

6. Termination can occur without notice if material
breach
7. Employees must work notice period – except if
employer exempts them from this obligation : pay
him for the notice period he would have worked
8. Employee terminates contract – also written notice
23

5. Employee can dispute fairness of termination

6. Termination can occur without notice if material
breach
7. Employees must work notice period – except if
employer exempts them from this obligation : pay
him for the notice period he would have worked
8. Employee terminates contract – also written notice
24

9. If employer accepts employee’s notice – employee

can’t revoke it
10. “heat of the moment”?
11. Notice must be clear and unconditional
12. Same notice period as that required of employer
 Payment on termination
25

1. Payment owed to employee upon termination of contract:

1. Overtime and Sunday work exchanged for off time not
taken
2. Annual leave due
3. Leave for current incomplete annual leave cycle at 1 day
for 17 days worked

2. Dismissal due to operational requirements

1. Employee entitled to severance pay equivalent to 1 week’s
work for every year of service
 Certificate of service
26

1. BCEA determine that certificate of service

will only be issued at termination of service

2. Name 3 aspects that features in such

certificate
 Variation of employment conditions
27

- Unilateral amendments to employment conditions

by the employer forbidden

- May only be done by way of:

• Collective agreement between employer and trade union
• Collective agreement concluded by parties to a bargaining council
• Agreement between the employer and employees
• Sectoral determination issued by the Minister of Labour