Basic Conditions of the Employment Act
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 Basic Conditions of Employment 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 act form part of the contract of employment of employees covered by the Act. Some, but not all, basic conditions of employment act may be varied by individual or collective agreements in accordance with the provisions of the Act. (see paragraph 7 below).
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.
2.2 Ordinary hours of work : Section 9
No employer shall require or permit an employee to work more than¾
(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.
2.3 Overtime : Section 10
2.3.1 An employer may not require or permit an employee¾
(a) to work overtime except by an agreement;
(b) to work more than ten hours’ overtime a week.
2.3.2 An agreement may not require or permit an employee to work more than 12 hours on any day.
2.3.3 A collective agreement may increase overtime to fifteen hours per week for up to two months in any period of 12 months.
2.3.4 Overtime must be paid at 1.5 times the employee’s normal wage or an employee may agree to receive paid time off.