Find the right local SA attorney now! The BCEA regulates employment standards and is a very important piece of legislation which should be adhered to. The BCEA dictates the most basic work rights for employees and these rights apply to all places of work. In the title of the BCEA, the goal of the Act is set out as wanting to have fair labour practices as per the Constitution for all employees and employers.
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Find the right local SA attorney now! The BCEA regulates employment standards and is a very important piece of legislation which should be adhered to.
The BCEA dictates the most basic work rights for employees and these rights apply to all places of work. In the title of the BCEA, the goal of the Act is set out as wanting to have fair labour practices as per the Constitution for all employees and employers.
There are minimum employment conditions set out in the BCEA that all employment agreements must comply with. However, employers and employees can deviate from some of the basic conditions, because life is flexible and the parties need to be able to negotiate. There are however, certain basic rights which cannot be negotiated about. The non-variable rights are rights that are the minimum conditions of employment that are required for employees, such as maximum hours of work, limits on overtime, overtime pay, annual leave, sick leave, maternity leave, responsibility leave, notice periods and records to be kept by employers.
Employee — a person must be an employee for the Act to be applicable; 2. Basic Conditions of Employment — the employee must be determined for a certain time to qualify as an employee; 3.
Collective agreement — where one or more trade unions in a sector that the union is registered for makes agreement with employers or employer organisations, then those collective agreements are applicable to all employees in that sector; 4. It excludes independent contractors; 5. Overtime — any time that an employee works more than the hours of work agreed upon is overtime 6.
This means that if there is something in the employment agreement that is in conflict with the Act, the Act will apply to that particular clause that is in conflict and not the contract. The BCEA applies to all employees, except for the following type of employees: a. However, the BCEA does apply to these employees with regards to severance pay, but only with regard to severance pay.
For all other employment issues for these employees, the Merchant Shipping Act will be followed; c. Employees as well as senior management who earn above the earnings level threshold — the BCEA applies to them, but not with regards to working hours; d. Employees who work less than 24 hours per month — these employees do not fall under the BCEA. This way the work environment will be healthier; employees will be free to voice their problems and there will be employment standards which will be in the interest of all parties concerned.
BCEA SOUTH AFRICA PDF
Kigaktilar The period between saw the birth of the new democratic South Africa. The company claimed that he had divulged the content of an off-the-record discussion in his affidavit, and also that he had refused to submit to a health test required of pilots. Before the Labour Relations Act  LRAas long as the employer gave the required period of notice, dismissal or probation was acceptable. Basic Conditions of Employment Act — Summary Western Cape Government Incapacity means that, unrelated to any intentional or negligent conduct or performance by the employee, the employee is not able to meet the standard of performance required by the employer.
Find the right local SA attorney now!
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. In terms of a ministerial determination as permitted by section 6 3 of this Act: employees earning in excess of R per annum are excluded from section 6 to 17 and 18 3. In terms of the determination, earnings mean gross pay before deductions for income tax, pension, medical and similar payments. 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. Regulation of working time The Code of Good Practice on the arrangement of working Time must be read in conjunction with this chapter.