BASIC CONDITIONS OF EMPLOYMENT ACT, 1997
SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMS OF SECTION 30
The following is a summary of the provisions of the most important sections of the Basic Conditions of Employment Act, 1997, as amended.
APPLICATION OF THE ACT : SECTION 3
The Act applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for an organisation with a charitable purpose.
The basic conditions of employment contained in the Act form part of the contract of employment of employees covered by the Act. Some, but not all, basic conditions of employment may be varied by individual or collective agreements in accordance with the provisions of the Act. (see paragraph 7 below).
1. REGULATION OF WORKING TIME : CHAPTER TWO
This chapter does not apply to senior managerial employees, employees engaged as sales staff who travel and employees who work less than 24 hours a month.
2.2Ordinary hours of work : Section 9
No employer shall require or permit an employee to work more than( a) 45 hours in any week;
b) nine hours in any day if an employee works for five days or less in a week; or c) eight hours in any day if an employee works on more than five days in a week.
2.3Overtime : Section 10
2.3.1An employer may not require or permit an employee(
a) to work overtime except by an agreement;
b) to work more than ten hours’ overtime a week.
2.3.2An agreement may not require or permit an employee to work more than 12 hours on any day.
2.3.3A collective agreement may increase overtime to fifteen hours per week for up to two months in any period of 12 months.
2.3.4Overtime must be paid at 1.5 times the employee’s normal wage or an employee may agree to receive paid time off.
2.4Compressed working week : Section 11
2.4.1An employee may agree in writing to work up to 12 hours in a day without receiving overtime pay. 2.4.2This agreement may not require or permit an employee to work( a) more than 45 ordinary hours in any week;
b) more than ten hours’ overtime in any week; or
c) more than five days in any week.
2.5Averaging of hours of work : Section 12
2.5.1A collective agreement may permit the hours of work to be averaged over a period of up to four months.
2.5.2An employee who is bound by such a collective agreement may not work more than( a) an average of 45 ordinary hours in a week over the agreed period; b) an average of five hours’ overtime in a week over the agreed period.
2.6Meal intervals : Section 14
1. An employee must have a meal interval of 60 minutes after five hours work.
2.6.2A written agreement may(
a) reduce the meal interval to 30 minutes;
b) dispense with the meal interval for employees who work fewer than six hours on a day.
2.7Daily and weekly rest period : Section 15
An employee must have a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which, unless otherwise agreed, must include Sunday.
2.8Pay for work on Sundays : Section 16
1. An employee who occasionally works on a Sunday must receive double pay.
2. An employee who ordinarily works on a Sunday must be paid at 1.5 times the normal wage.
2.8.3Paid time off in return for working on a Sunday may be agreed upon.
2.9Night work : Section 17
1. Employees who work at night between 18h00 and 06h00 must be compensated by payment of an allowance or by a reduction of working hours and transport must be available.
2. Employees who work regularly after 23:00 and before 06:00 the next day must be informed( a) of any health and safety hazards; and
b) the right to undergo a medical examination.
2.10Public holidays : Section 18...