Chapter 3

Basic Conditions of Employment Act

75 of 1997
Main Focus:

Protection of EE’s
Sets standards with regard to
working hours etc.

MG Phetheni
Content:
1. Introduction
2. Aims of the Act
3. Application
4. Definitions
5. Ordinary working hours
6. Overtime
7. Compressed working week
8. Averaging of hours of work
9. Meal Intervals & Rest periods
10. Work on Sundays & Public Holidays
11. Night work
12.Leave
13.Particulars of employment and remuneration
14. Termination of employment
15. Prohibition of employment
3.1 Introduction

Sets minimum standards for the

protection of employees in the absence
of other protective measures
pg.49
3.2 Aims of the Act (BCEA)

To advance economic development & social

justice by ensuring that working
conditions meets the prescribed
minimum standard.
pg.49
3.3 Application of BCEA *

- Act applies to both the public & private

sector.
- Covers all employees except:
* State Security Agency
* Unpaid volunteers working for a organisation serving a
charity event
pg.50
 3.4 Definitions Test X

DOMESTIC WORKER
• Performs domestic work
• Gardener, driver of a vehicle
• Takes care of any person in the family home

EMPLOYEE
• Any person (excluding an independent contractor) that is
entitled to remuneration
• Assist the ER in the carrying on of business

• BASIC CONDITIONS OF EMPLOYMENT

• Provision of the Act or sectoral determination that stipulates a
minimum term or condition of employment pg.51,52
Section 83A – PRESUMPTION AS TO WHO IS AN EMPLOYEE
This presumption does not apply to a person who earn more
than the threshold determined by the Minister = R205 433,30
per annum.
Persons who works for / renders services to another is
deemed an EE if any of the following factors is present:
a) Manner the person works is subject to control or direction
of another person
b) The person’s hours of works are subject to control & direction
c) If working for an organisation, that person is seen as part of
the organisation
d) Person has worked for that specific person at least 40 hours
per month over the last 3 months
e) Person is economically dependent on the person he works
for
f) Person is provided with tools of trade & work equipment by
the other person or
g) He works for or renders services to one person only
3.5 Ordinary working hours x

WEEKLY HOURS DAILY HOURS

MAX (no more unless • 5 days or less per week = max 9h per day
there is a collective
agreement in place):
(45 hour work week)
45h per week • 5 days or more per week = max 8h per
day (40 hour work week)
• If duties include serving the public, max
can be extended with 15 min per day to a
max of 60 min per week per agreement
* to complete duties after the completion of
ordinary working hours
pg.52
3.6 Overtime *

PER DAY PER WEEK PER MONTH

No limit per day BUT • Max of 10 hours per • 1.5 hourly rate
not allowed to exceed week • Normal time
12 hours of • Can be extended to + 30 min off
work per day 15 hours per time
• No extra pay
in total (normal hours + week through a
overtime in total) collective agreement 90 min off
PROVIDED that it does time
not exceed 2
months in any 12
month period
pg.53
7. Compressed working week (work
longer in a shorter time) x
• Written agreement
• 3-4 day work week: Work max 12 hours per day
without any overtime pay
• PROVIDED THAT THE FOLLOWING IS NOT
EXCEEDED IN A 5 DAY WORK WEEK:
- 45 hours of ordinary work
- 10 hours of overtime
pg.53,
8. Averaging of work hours x

• Ordinary work hours (max 45h per week) & overtime

(max 5 hours per week) averaged over 4 months
• i.t.o collective agreement
• Must be reviewed annually, lapses after 12
months
pg.54
3.9 Meal intervals & rest periods *

• 1 hour after 5 continuous hours of work

• Work less than 6 hours a day…only 30 min
• Rest period at least 12 consecutive hours
pg.54
3.10 Working on Sundays
& Public Holidays x
SUNDAY WORK PUBLIC HOLIDAY WORK
• Ordinarily work on a MUST BE PAID (WHICHEVER
Sunday: 1.5 times hourly IS THE GREATER):
rate • Double his daily rate
• IF NOT: Double his hourly • Normal daily rate + the amount
rate for actual time worked

pg.54
3.11 Night work
• 2 TYPES = different obligations for ER
NIGHT WORK NIGHT WORK ON A REGULAR
• 18:00 - 06:00 BASIS
• Shift allowance • 23:00 - 06:00 for more than an hour
payable • 5x per week / 50x per year
• Transportation must • ER must inform EE of health &
be available to & from safety hazards associated with the
work after completion work
of shift • EE must undergo suitable medical
examinations

pg.55
3.12 Leave Test *
ANNUAL • Leave with full pay
LEAVE • Minimum of 21 consecutive days over a
(1:17) 12 month leave cycle
(21) • 1 day for every 17 days of work
• Extended with 1 day for every public
holiday which falls within the leave
period
SICK • Leave with full pay
LEAVE • 30 days over a 36 month cycle
(1:26) • Entitled to it after completion of 6 months
(30) of work
• During the 1st 6 months of employment 1
day for every 26 days worked
pg.54-57
12. Leave *
MATERNITY • 4 consecutive months
LEAVE • Commences: 4 weeks before the expected
(4)
date of confinement
• Must take at least 6 weeks
• Miscarriage during 3rd trimester/stillborn =
6 weeks

FAMILY • 3 days per paid leave cycle

RESPONSIBILITY • For:
LEAVE
* Birth, illness or death of a child
(3)
* Death: Spouse, life partner, parent,
grandparent, grandchild or sibling
• Must work for 4 days or more per
week
• May require proof of event
• Unused days do not accrue
3.13 Particulars of employment and remuneration
• Chapter 4 of BCEA does not apply to an EE who
works less than 24 hours per month for ER
Upon appointment the ER must supply the EE with the
following info in writing (S29):
• Particulars of the ER & EE
• EE’s occupation & place of work
• Date of commencement of duties
• Ordinary hours & days of work
• Wages
• Overtime pay
• Any payment in kind (example housing, lunch etc.) & value
• Intervals of payment & remuneration
• Deductions from the EE’s remuneration
• Leave
• Notice period or if employed for a specified period (date when employment is to
terminate)
• Council or sectoral determinations applicable to the ER’s business
• List of any other docs that form part of the contract of employment
* If the EE does not understand the above it must be explained in a language the EE
understands
* Rights of EE’s must be displayed in the workplace in all the official languages pg.57-
13. Particulars of employment and remuneration pg5
• Chapter 4 of BCEA does not apply to an EE who
works less than 24 hours per month for ER

Remuneration payable:
• Daily, weekly, forth nightly (every 2 weeks), monthly
• In SA currency
• Cash, cheque, direct deposit into bank account NOT LATER
THAN 7 days after:
* completion of the period for which the remuneration is payable
* termination of the contract of employment
NB!! ER MUST SUPPLY EE WITH A PAYSLIP

WAGES:
- Calculated with reference to the number of hours an EE ordinarily works
13. Particulars of employment and remuneration
What FORMS PART OF REMUNERATION as determined by the
Minister & published in the Government Gazette in 2003 to calculate
annual leave, pay in lieu of notice & severance pay?
INCLUDED:
• Housing / housing allowance or subsidy received as a benefit
• Car allowance / Provision of a car EXCEPT to the extent that the car is
provided to enable the EE to work
• ER’s contribution towards medical aid, pension or
provident fund
• Funeral or death benefit scheme, and
• Any cash or payment in kind other than a payment to enable the EE to
work. Examples:
* Equipment / Tools
* Provision of Transport or payment of transport to & from work

EXCLUDED:
• Any relocation allowance
• Gratuities & gifts from ER
• Share incentive schemes
• Discretionary payments not related to an EE’s hours of work or performance
• Entertainment allowance
• Education & schooling allowance pg.58
Section 34 prohibits deductions from an EE’s
wages or salary UNLESS: *
• He/she agrees to it (example: goods purchased by EE)
• Deductions allowed or permitted by:
* Law (example UIF, PAYE etc)
* A collective agreement
* A court order
* An arbitration award pg.58
3.14 Termination of employment
Act does not apply to an employee who works less
than 24 hours per month for an employer.
NOTICE PERIOD FOR TERMINATION:

NOTICE PERIOD: WORKED FOR:

1 WEEK 6 months or less
2 WEEKS 6 months or more
4 WEEKS 1 year or more
4 WEEKS By a farm worker or domestic worker if
employed for more than 6 months

• Collective agreement may permit a shorter notice period.

• Must be in writing EXCEPT if given by a illiterate employee.
pg. 59-60
3.15 Prohibition of employment

• Minimum age of employment 15 years

(also the minimum school leaving age)
pg.61
End of Chapter 3
Thank you!