PURPOSE OF BCEA
IMPACT OF THE BCEA
POSITIVE/ADVANTAGES
NEGATIVE / DISADVANTAGES
DISCRIMINATORY ACTIONS ACCORDING TO THE BCEA
PENALTIES BUSINESSES MAY FACE FOR NOT COMPLYING WITH THE BCEA
WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE BCEA
PROVISIONS OF THE BCEA
| Work hours | . Workers may not work for more than 45 hours in any week. . Workers may work nine hours a day if they work five days or less per week/eight hours a day√ if they work more than five days a week. . Night work performed after 18:00 and before 6:00 the next day |
| Overtime | .Workers must agree to work overtime. .Workers cannot work more than three hours’ overtime per day/10 hours per week. .Overtime must be compensated as follows: – One and half times the normal rate of pay for overtime worked on week days and Saturdays. – Double the normal rate of pay for overtime worked on Sundays and public holidays. – Overtime must be paid either at specified rate for overtime or an employee may agree to receive paid time off. . Minister of Labour may prescribe the maximum permitted working hours, including overtime, for health and safety reasons for a certain category of work. |
| Annual leave | Workers are entitled to: • 21 consecutive days’ annual leave per year/One day for every 17 days worked√/One hour for every 17 hours worked. • An employer can only pay a worker in lieu of leave if that worker leaves the job. |
| Sick leave | Workers are entitled to: • Six weeks paid sick leave in a period of 36 months/1 day paid sick leave for every 26 days worked during the first six months of employment. • A medical certificate may be required before paying an employee who is absent for more than two consecutive days/who is frequently absent. |
| Maternity leave | . A pregnant employee is entitled to four consecutive months’ leave. . A pregnant employee may not be allowed to perform work that is hazardous to her unborn child. . The starting date is usually any time from four weeks before the expected date of birth or on advice of a doctor/midwife. |
| Family responsibility leave | .Three to five (3 to 5) days paid leave per year on request in the event of the death of the employee’s spouse/life partner/parent/ adoptive parent/ grandparent/child/adoptive child/grandchild/sibling. . An employer may require reasonable proof, before granting this leave. . Male employees are entitled to a maximum of three/five day’s paternity leave when his child is born |
| Meal breaks and rest periods | .Workers must have a meal break of 60 minute after five continuous hours of work. .This can be reduced to 30 minutes |
| Public holidays | .Workers must be paid for any public holidays that fall on a working day. .Work on public holidays is by agreement and paid at double the rate |
| Termination of employment | .A contract of employment may only be terminated following one week’s notice, if the worker has been employed for six months or less. .A minimum of four weeks’ notice must be given, if the worker has been employed for a year or longer. .The employee must be given notice in writing. .An employee who is retrenched/ dismissed for restructuring reasons is entitled to one week’s severance pay for every year of service. |
| Child and forced labour | .It is illegal to employ a child younger than 15 years of age. .It is also illegal to force someone to work. .Businesses may employ children over the age of 15 years, if employment is not harmful to their health/well-being/education/moral and social development/ minors under 18 years of age may not do dangerous work/work meant for an adult. |
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