The Minister of Employment and Labour has amended the Regulations in terms of the Basic Conditions of Employment Act (BCEA) (No 75 of 1997), as set out in the Schedule noted below. 

Amendment of Basic Conditions of Employment Act 1A:

BCEA 1A is hereby amended by the substitution of the summary by the following summary:

1. Application of the Act:

The Act applies to all employees and employers except members of the State Security Agency and unpaid volunteers working for an organisation with a charitable purpose.

2. Regulations of working time:

The Regulations specify the ordinary hours of work; overtime; compressed working week; averaging of hours of work; meal intervals; daily and weekly rest periods; pay for Sunday; nightwork as well as Public holidays.

3. Leave:

This chapter covers the following types of leave in detail:  annual leave; sick leave; maternity leave; parental leave; adoption leave; commissioning parental leave and family responsibility leave.

4. Particulars of employment and remuneration:

This chapter includes the written particulars that are required under employment contracts; informing employees of their rights; keeping records of employee information; keeping records of remuneration; rules regarding deductions and the calculation of remuneration and wages.

5. Terminations of employment:

This chapter includes the notice of termination of employment; severance pay and certificate of service.

6. Prohibition of employment of children and forced labour.

7. Variation of basic conditions of employment

8. Sectoral determinations:

These determinations may be made to establish basic conditions for employees in a sector and area.

9. Monitoring, enforcement and legal proceedings:

Labour inspectors must advise employees and employers on their rights and obligations in terms of employment laws, to conduct inspections, investigate complaints etc.

10. Presumption as to who is an employee:

Provides the definition of the term “employee”.

11. General

Amendment of Basic Conditions of Employment Act 9:

The purpose of this form is to record an undertaking by the employer in order to comply with a provision of the Act enforced by the BCEA.

Amendment of Basic Conditions of Employment Act 12:

This form is utilized with the purpose of enforcing compliance with a provision of the Act.

Amendment of Basic Conditions of Employment Act 14A:

The purpose of this form is to provide a certificate of appointment to inspectors in terms of Section 63 of the BCEA.

Amendment of Basic Conditions of Employment Act 14B:

This form appoints a labour inspector to monitor, enforce legislation and to ensure employers are compliant. 

Click here to download the Amended Act

Prishana Datadin | Human Resources Manager