Basic Guide to Employer's Basic Conditions of Employment Duties

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not -members of the -

• National Defence Force,
• National Intelligence Agency, or

• South African Secret Service; or

• unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

• workers in senior management
• sales staff who travel and regulate their own working hours
• workers who work less than 24 hours in a month
• workers who earn more than R115 572 per year
• workers engaged in emergency work are excluded from certain provisions.

See

• Basic Conditions of Employment Act

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

All Employers

• set working hours in line with labour laws
• follow the law with regard to overtime, public holidays, and working on Sundays give workers –
• annual leave
• sick leave
• maternity leave
• family responsibility leave
• only make deductions from a worker’s pay allowed for by law
• provide workers with written particulars of employment
• terminate the employment contract appropriately.

Employers with 5 or More Workers

• written particulars of employment

• a pay slip each time they are paid

• maintain an employee record for each worker

• display a summary of the Basic Conditions of Employment Act in the workplace

Related Links

• Basic Guide to Annual Leave

  Rules for annual leave as prescribed by the Basic Conditions of Employment Act

• Basic Guide to Deductions

  The Basic Conditions of Employment Act allows for deductions from a worker’s pay only under certain conditions.

• Basic Guide to Employee Records

  The Basic Conditions of Employment Act requires that employers keep a record of certain employee information

• Basic Guide to Employment Contracts

  The Basic Conditions of Employment Act requires that employers give workers certain details of their employment in writing

• Basic Guide to Family Responsibility Leave

  Under the Basic Conditions of Employment Act, workers may take paid leave to attend to certain family situations

• Basic Guide to Maternity Leave

  The Basic Conditions of Employment Act gives pregnant workers the right to take maternity leave

• Basic Guide to Overtime

  The Basic Conditions of Employment regulates overtime working hours and pay for such hours.

• Basic Guide to Pay Slips

  The Basic Conditions of Employment Act stipulates that employers must give workers certain details each time they are paid.

• Basic Guide to Sick Leave

  Rules for sick leave as prescribed by the Basic Conditions of Employment Act.

• Basic Guide to Termination

  The Basic Conditions of Employment Act stipulates the procedures for termination of an employment contract.

• Basic Guide to Working Hours

  The Basic Conditions of Employment Act regulates working hours and rest periods for workers.

• Basic Guide to Working on Sundays

  The Basic Conditions of Employment prescribes the wages for working on a Sunday.

• Form BCEA1 - Summary of the Act - English

  All employers must display a copy of this summary of the Basic Conditions of Employment Act in the workplace.