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Amended Basic Conditions of Employment Act
as amended by the
Summary: To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith.
Be it enacted by the Parliament of the Republic of South Africa as follows:-
Table of Contents
Chapter 1: Definitions, purpose and application of this Act
1. Definitions
2. Purpose of this Act
3. Application of this Act
4. Inclusion of provisions in contracts of employment
5. This Act not affected by agreements
Chapter 2: Regulation of working time
6. Application of this Chapter
7. Regulation of working time
8. Interpretation of day
9. Ordinary hours of work
10. Overtime
11. Compressed working week
12. Averaging of hours of work
13. Determination of hours of work by Minister
14. Meal intervals
15. Daily and weekly rest period
16. Pay for work on Sundays
17. Night work
18. Public holidays
Chapter 3: Leave
19. Application of this Chapter
20. Annual leave
21. Pay for annual leave
22. Sick leave
23. Proof of incapacity
24. Application to occupational accidents or diseases
25. Maternity leave
26. Protection of employees before and after birth of a child
27. Family responsibility leave
Chapter 4: Particulars of employment and remuneration
28. Application of this Chapter
29. Written particulars of employment
30. Informing employees of their rights
31. Keeping of records
32. Payment of remuneration
33. Information about remuneration
34. Deductions and other acts concerning remuneration
35. Calculation of remuneration and wages
Chapter 5: Termination of employment
36. Application of this Chapter
37. Notice of termination of employment
38. Payment instead of notice
39. Employees in accommodation provided by employers
40. Payments on termination
41. Severance pay
42. Certificate of service
Chapter 6: Prohibition of employment of children and forced labour
43. Prohibition of employment of children
44. Employment of children of 15 years or older
45. Medical examinations
46. Prohibitions
47. Evidence of age
48. Prohibition of forced labour
Chapter 7: Variation of basic conditions of employment
49. Variation by agreement
50. Variation by Minister
Chapter 8: Sectoral determinations
51. Sectoral determination
52. Investigation
53. Conduct of investigation
54. Preparation of report
55. Making of sectoral determination
56. Period of operation of sectoral determination
57. Legal effect of sectoral determination
58. Employer to keep a copy of sectoral determination
Chapter 9: Employment Conditions Commission
59. Establishment and functions of Employment Conditions Commission
60. Composition of Commission
61. Public hearings
62. Report by Commission
Chapter 10: Monitoring, enforcement and legal proceedings
Part 1 : Monitoring and enforcement
63. Appointment of labour inspectors
64. Functions of labour inspectors
65. Powers of entry
66. Powers to question and inspect
67. Co-operation with labour inspectors
68. Securing an undertaking
69. Compliance order
70. Limitations
71. Objections to compliance order
72. Appeals from order of Director-General
73. Order may be made order of Labour Court
Part 2 : Legal proceedings
74. Consolidation of proceedings
75. Payment of interest
76. Proof of compliance
77. Jurisdiction of Labour Court
Part 3 : Protection of employees against discrimination
78. Rights of employees
79. Protection of rights
80. Procedure for disputes
81. Burden of proof
Chapter 11: General
82. Temporary employment services
83. Deeming of persons as employees
84. Duration of employment
85. Delegation
86. Regulations
87. Codes of Good Practice
88. Minister's power to add and change footnotes
89. Representation of employees or employers
90. Confidentiality
91. Answers not to be used in criminal prosecutions
92. Obstruction, undue influence and fraud
93. Penalties
94. This Act binds the State
95. Transitional arrangements and amendment and repeal of laws
96. Short title and commencement
Schedule 1: Procedures For Progressive Reduction Of Maximum Working Hours
Procedures for progressive reduction of maximum working hours
Schedule 2: Maximum Permissible Fines That May Be Imposed For Failure To Comply With This Act
Maximum permissible fines that may be imposed for failure to comply with this act
