THE BASIC CONDITIONS

OF EMPLOYMENT ACT
Part A Unit 5
Introducttion
The purpose of the BCEA
is to advance economic
BCEA was introduced as
development and social
Act 75 of 1997 and it was
justice by giving efect to
amended in 2002.
and regulating the right to
fair labour practices.

The BCEA try to achieve

these objectives by
The Act also seek to give
establishing and enforcing
efect to the obligations
basic conditions of
incurred by SA as a
employment and by
member of the
regulating the variation of
International Labour
basic conditions of
Organisation.
employment. Such as
working hours.
 Basic Terms

“collective agreement”
means a written
agreement concerning
terms and conditions of
“basic condition of employment or any
employment” means a other matter of mutual
provision of this Act or interest concluded by
sectoral determination that one or more registered
stipulates a minimum term or trade unions, on the
condition of employment; one hand and, on the
other hand—
• one or more employers;
• one or more registered
employers’ organisations; or
• one or more employers and one
or more registered employers’
organisation
 Basic terms cont…

01 02 03 04
“remuneration” means “sector” means an “sectoral determination” “senior managerial
any payment in money or industry or a service or a means a sectoral employee” means an
in kind, or both in money part of an industry or a determination made under employee who has the
and in kind, made or service; Chapter Eight; authority to hire, discipline
owing to any person in and dismiss employees
return for that person and to represent the
working for any other employer internally and
person, including the externally;
State, and “remunerate”
has a corresponding
meaning;
1. APPLICATION

• The BCEA applies to both to public and

private sectors, and it covers all
employees except-
• members of the SANDefence Force;
• the National Intelligence Agency
• the South African Secret Service.
• unpaid volunteers working for an
organisation serving a charitable
purpose;
• person employed on vessels at sea in
respect of which the Merchant Shipping
Act 57 of 1951 applies.
Limitations on • Employees who work less than 24 hours
application of per month;
• Employees of small businesses;
BCEA • Certain basic conditions do not apply to
senior managers, domestic workers and
farm labourers;
• Employees engaged as sales staf who
travel to the premises of customers and
who regulate their own hours of work
Regulation of
working hours
2.1: Maximum hours / ordinary hours (s 9)
• The Act specifes the maximum hours per week,
daily rest intervals, and weekly rest periods
• Section 9 of the Act provides that maximum hours
are 45 hours per week, and nine hours per day.
• No employer may require or permit an employee
to work more than 45 hours a week, or nine hours
a day if an employee works more than fve days a
week.
• Employees who work more than 5 days a week
may only work for 8 hours a day.
• Section 9(2) provides that the ordinary working
hours of an employee may be extended if both the
employer and employee agree. But up to 15
minutes a day or 60 minutes a week.
Minimum standards
• Minimum standards do not apply to :
• senior management
• Travelling salespersons who regulate their own time
• Employees working <24 hours per month
• Employees earning more than an amount determined by the
minister (at present R205 433.30 pa)
2.2 Overtime (s10)

• The Basic Conditions of Employment Act of 1997 (BCEA) states that “[a]n employer may not require or permit
an employee to work more than –
(a) 45 hours in any week? and
(b) nine hours in any day if the employee works for fve days or fewer in a week? or
(c) eight hours in any day if the employee works more than fve days in a week.”
• Overtime may be worked only by agreement.
• The agreement between parties may not require or permit an employee to work more than 12 hours on a day.
The agreement lapses after one year (s10(5) of BCEA)
• A collective agreement may increase the maximum permitted overtime to 15 hours a week, but this type of
collective agreement may not apply more than 2 months in any 12-month period.
• Overtime is remunerated at one-and-half times the employee’s normal remuneration. It is 1,5 times the regular
hourly wage for each hour worked beyond 45 hours per week.
• In terms of section 11, a written agreement between the employer and employee may provide for the
employee working for up to 12 hours is a day, without receiving overtime pay.
• Salary is R6 500.50 per month
• Divide by 6.5 gives pay per week
• Divide by number of hours worked
• Daily rate divide by the number of days ordinarily worked
Overtime cont…

• It is important to distinguish between contractual (employment contract/collective

overtime and non-contractual non voluntary overtime. Dismissal as a result of
reasonable refusal to work non-contractual overtime unlawful civil courts/unfair labour
courts.
• Although overtime is voluntary, the BCEA does not afect the employer’s right to call in
overtime in terms of contract of employment or collective agreement.
• Refusal by an employee to perform contractual overtime may constitute a disciplinary
ofence.
• In AMCU obo Mkonto & others v ANDRU Mining & others(2023) -
• Five employees had been charged for gross insuborninatin and dismissed. The
employees refused to obey the instruction from their site manager to work an extra 2
hours (overtime) on a particular day. This was needed in order to meet production
targets. In their contracts of employment there was a clause that they would work
overtime as and when required and on this particular day they refused to do so. There
was only one employee whose overtime agreement was enforceable
• The court had to determine whether the employees actually agreed to work on that
day. The court found that in the majority of cases, the agreements to work overtime
had lapsed several years before.
• The court found the instruction to be unlawful, unreasonable and unenforceable. Held
further that there was no evidence that the employee had acted willfully and
Compressed working week and averaging of
hours of work
• The legislation has made provisions for compressed working week and
averaging hours of work.
• An employee may agree to a compressed working work in terms of which
he may work up to 12 hours in a day without being paid for an overtime.
• However an employee may not work more than 45 ordinary hours in a
week or more
• Usually the employer has to pay the employee within one month for
overtime worked. In terms of collective agreement, the working hours
may be calculated on average over a period of up to four months
(averaging of hours of work).
• Still employees must not exceed 45 hours in a week.
Averaging hours of work
• What is meant by the term averaging as referred to in section
12 of the Basic Conditions of Employment Act, no 75 of
1997? Explain fully, using examples, how this section works.
• A collective agreement may allow working hours to be
averaged over a period of 4 months.
• Section 12 provides that an employee’s ordinary working hours
and overtime may be averaged over a period of up to four
months in terms of collective agreement.
• The employee may not work more than 45 ordinary working
hours per week and 5 hours of overtime a week on average
over this period.
2.3 Sunday Holiday (s16)
• Employee who ordinarily works on Sundays (full
day) Min of 1½ or normal hourly rate (s 16(1))
• Employees who work less than their ordinary
• Sunday shift – 1½ of normal hourly rate for each
hour worked ordinary daily wage (s 16(2))
• Employee who does not ordinarily work on
Sunday- 2 x normal hourly rate for each hour
worked (s 16(1))
2.4 Night work/ (s17)

• ‘night work’ means work done after 18:00 and before 06:00 the next day.
• An employer may only require or permit an employee to work at night if
there is an agreement to this efect and if the employee is compensated
by the payment of an allowance or a reduction of working hours.
• An employee may only work at night if a transport is available. If public
transport is available this is sufcient.
• The employer in terms of s17 will only be obliged to provide a transport if
there is no transport at the beginning and end of employee's shift.
• Note the code of good practice for arranging working time
• specifc protections built in for these employees, such as consultation
where possible
• Provide transport to and from work
• Concern for health and safety of employees and family responsibilities
2.5 Public holidays (s18)
• Aluma, works at a manufacturing plant, and a public holiday falls
on a Wednesday. If a public holiday falls on a normal working day,
the employee is entitled to their normal daily wage.
• Public holidays falling on working day – 2 x normal daily wage or
normal daily wage Paid double his daily rate or his normal daily rate
plus the amount for actual time worked
• Public holiday falling on days on which are not ordinarily worked –
normal daily wage which would be a working day must be paid one
days pay plus an amount calculated as wage rate x whole time
worked
• Employee not working public holiday falling on ordinary working
day – receive a normal daily for that day
2.6 Meals and rest breaks (s14-15)

• Employees are entitled to a meal interval of at least one

continuous hour.
• The employee may only be asked during interval to
perform duties which cannot be left unattended and
cannot be performed by another employee.
• In terms of s15 an employee must be allowed a daily
rest period of at least 12 consecutive hours between
ending and commencing work.
• The employer must also grant an employee a weekly
rest period of at least 36 consecutive hours that, unless
agreed must include Sunday.
Leave

• Chapter 3 of the BCEA regulated

diferent types of leave:
• An employee is entitled to 15 days of
annual leave per year, which can be
accumulated to a maximum of 30 days.
• Annual leave
• Sick leave
• Maternity leave
• Family responsibility leave
• Adoption leave
• Parental leave
• And commissioning of parental leave
3.1 Annual leave s 20 &21

• The BCEA Establishes minimum periods of paid leave to

which all employees, irrespective of their earning
threshold or managerial status are entitled.
• An employee is entitled to at least 21 consecutive days
annual leave on full remuneration.
• It appears that the Act provides for 3 weeks leave, the
reference to 21 days appears to be a reference to
calendar not working days.
• These periods may be reduced by the number of days on
which an employee was granted occasional leave on full
pay during the leave cycle (s 20(7)
• The calculation of leave may be changed by agreement.
An employer and employee may agree that the employee
will be entitled to one day of annual paid leave for every
17 days the employee worked or entitled to be paid.
• Must be granted not later than 6 months after completion
of leave cycle (s 20(4))

• For example, a Gardiner who works every Monday and

Wednesday, will be entitled to two days paid leave after
17 weeks of employment.
Annual Leave cont…

 If public holiday falls in a period of leave , the employees leave

must be extended by a day - Grant additional day’s leave if
public holiday falls on ordinary working day (s 20(8))
 Employees can request in writing to take paid annual leave for
the unpaid one.
• If an employee takes occasional leave, the period of
continuous annual leave may be reduced proportionately.
• May not pay instead of granting paid leave except:
(i) on termination
(ii) as severance pay ( 20(11))
Annual Leave cont …

• Annual leave must be granted not later that six month

after the end of annual leave cycle. (s40b)
• Section 40 of the BCEA requires the employer on
termination of service to pay an employee for any period
of annual leave due to the employee in terms of section
20 of the BCEA that the employee has not taken.
• In Jardine v Tongaat Sugar ltd [2003] 7 BLLR 717
(LC), the Court held that the employee is entitled to be
paid for all accumulated leave on termination of
employment. Section 20(4) of the BCEA imposes a duty
on the employer.
Annual leave cont…
• A different approach was taken by the court in the case of Jooste v
Kohler Packaging Limited, the court held that the purpose of the Basic
Conditions of Employment Act No. 75 of 1997 (BCEA) is to ensure
employees take annual leave.

• In this case the court drew a number of distinctions: between

leave accrued in the immediately preceding leave cycle and
leave to which the employee was entitled but did not take in
preceding years and between leave more than the 21-day
minimum and,
• fnally , a distinction between the right to accumulative leave
and the right to payment instead of leave
• Jooste v Kohler Packaging [2003]
• Must take annual leave in period to which it corresponds [difered in that there
was a prior agreement]
• If not, lose right to that leave and cannot claim payment for accumulated leave
outside the cycle
• As In terms of the Act, the employer may not refuse that entitlement
within an 18-month period.
• The BCEA leave is the basic entitlement of 21 consecutive days in a 12-
month cycle.
• The court concluded that Section 40 of the act, which regulates
accumulated leave, is applicable only to the immediate preceding leave
cycle together with leave accumulated in the present leave cycle, ie the
cycle during which the employment is terminated
Cont…
• In Ludick V Rural Maintenance (Pty) Ltd (2014) 2
BLLR 178 (LC) it was confrmed that the right to
payment for unpaid leave applies only to leave accrued
during the preceding leave cycle.
• Furthermore parties to a contract of employment are
entitled to agree to a forfeiture provision in respect of
leave not taken during the year preceding the last leave
cycle.
• Employees may be granted occasional leave during the
leave cycle, reducing the annual leave entitlement
accordingly.
3.2 Sick Leave [s22-24.]
• Monwa, an employee at Geez Company, works from Monday to
Friday, 9:00 AM to 5:00 PM. One day, she falls ill and needs to
take sick leave. What would happen to Monwa?
• After an employee has completed six months employment sick
leave is granted in three -year cycle. = 6 weeks iro 36 - month
cycle
• In each cycle the employee is entitled to as many days sick leave
on full pay, that the employee would work in a six-week period.
• Entitled to full sick leave after working 6 or more months [new
Act]
• For example, an employee works a fve day a week, the employee
is entitled to 30 days paid sick leave in every three - year cycle.
• Monwa is entitled to a maximum of 30 days of sick leave over a 3-
year cycle.
• In terms of the Act For the 1st 3 days of sick leave he will receive
full pay
Sick leave cont…

• In the frst six months of employment the employee accumulates one

day’s 1 sick leave for every 26 days worked. But that does not mean
that the sick leave cycle commences only after the employee has been
employed for six months.
• Rather after the lapse of the 1st 6 months of employment the employee
becomes entitled for the balance of the sick leave cycle to the full
number of days that the formula allows, less the number of days sick
leave taken during the 1st 6 months.
• Section 23 of the BCEA provides that the medical certifcate must be
issued and signed by a medical practitioner or any other person who is
certifed to diagnose and treat patients and who is registered with a
professional council established by an Act of Parliament.
Cont…
• If an employee has been absent from work for more than 2 conservative days or on more
than 2 occasions in any 8-week period, the employer is entitled to require the employee to
produce a certifcate.
• The CC in MEC for Education, Kwazulu Natal & others v Pillay 2008 pointed out that
diversity is something to be ‘celebrated and not feared and that the recognition should be
given to bona fde cultural and religious practices.
• In Kiviets Kroon Country Estates v Mmoledi and others 2014 (3) BLLR SCA, the SCA
followed the CC line of thought when it considered the situation of an employee who was
absent without permission because she genuinely believed that she would fall ill if she did
not attend training to become a traditional healer.
• Cachalia JA concluded that the courts are entitled to grant relief to a dismissed employee if
his or her failure to obey an order was justifed or reasonable. The court accepted the
employee's absence without leave was to be excused even though the employee could only
produce a certifcate from a traditional healer, which did not meet the requirements set by
BCEA.
3.3 Maternity
leave (s25)
• Akho, an employee at a MTT company, informs her
employer that she is pregnant.
• BCEA 4 months – unless agreed, no pay
• Can receive UIF benefts
• Commences in month before birth [old was one month]
– and may not, without Dr’s permission, work for at
least 6 weeks after the birth.
• Miscarriages: in last trimester – allowed 6 weeks to
recover
• Females to attempt to give 4 weeks notice of intention
to go on leave – state when leaving and when returning
• S36 of the BCEA provides that an employer may not
require or permit a pregnant employee or an employee
who is nursing a child to do work that poses a hazard
to her health or the health of her child.
• Employee is entitled to take leave on birth, illness or
death of a child,
• Code of Good Practice for pregnant woman
• No discrimination against pregnant women
• No harmful work during pregnancy
• Eliminate physical, biological hazards eg chemicals, vibrations,
noise, radiation etc.
3.4 Parental leave (s25A)
• In terms of section 25A of the BCEA, an employee who is a parent of a child will be entitled to 10 consecutive days' unpaid
parental leave.
• Parental leave may commence on the day that the child is born.
• The 10 consecutive days' parental leave are calendar days, not working days.
• The landmark judgment allows parents to choose how to divide four months parental leave between them. Previously, mothers
were entitled to four months' leave while fathers or partners were allowed a maximum of 10 days
• In case of Van Wyk v Minister of Employment and Labour and others (handed down on 25 October 2023), the
Gauteng High Court declared that all the current parental law provisions of the Basic Conditions of Employment Act no 75 of
1997 (BCEA), as well as the corresponding provisions of the Unemployment Insurance Fund Act of 2001 (UIF Act), to be invalid.
• The matter was brought to court by a Polokwane couple, Werner and Ika van Wyk, with Sonke Gender Justice and the
Commission for Gender Equality among other organisations appearing as amicus.
• Deputy Judge President Roland Sutherland, concluded that the provisions of the current BCEA regulating parental leave ofend
against sections 9 and 10 of the Constitution as they unfairly discriminate between mothers and fathers.
• According to Judge Roland Sutherland the existing provisions are unconstitutional as they unfairly discriminate between
mothers and fathers. They also unfairly discriminate between one set of parents and another on the basis of whether their
children were born of the mother, were conceived by surrogacy, or were adopted.
• The court suspended the declaration of invalidity for two years to allow Parliament to ‘cure the defects’.
• Under the new interim conditions, new parents from a natural birth will be able to determine how the four months of parental
leave is shared among themselves, while parents of surrogate children, and adoptive parents to children under the age of two
will get to enjoy the same parental leave rights.
3.5 Adoption Leave (s25B)
• New forms of ‘parental leave’ were introduced as from 1 January 2020.
• Biological fathers became entitled to 10 consecutive days’ unpaid parental leave. In the case of adoptive
parents, one adoptive parent became entitled to 10 consecutive weeks’ adoption leave and the other to 10
consecutive days’ normal parental leave.
• It has been up to the adoptive parents to decide who takes adoption leave and who takes normal parental leave.
• Similar entitlements apply to commission parents in the case of surrogate motherhood.
• Although maternity and other forms of parental leave are unpaid, there is the right to claim benefts from the
UIF.
• Following the judgment, the government has been given two years to remedy these provisions in the BCEA. The
court also stipulated that interim provisions would be implemented until such time as the BCEA had been
amended. These interim provisions aim to allow new fathers and same-sex partners more fexibility in how they
take their statutory parental leave. However, this is subject to the Constitutional Court confrming the ruling of
invalidity. This process is likely to take between one and two years.
• Employees who are new fathers or the same-sex partners of women who have had a child are currently able to
take only up to ten days of parental leave and claim associated Unemployment Insurance Fund benefts. Parents
who adopt a child under two years of age are currently entitled to 10 consecutive weeks adoption leave or 10
consecutive days of parental leave, where the child adopted is over the age of two.
Commissioning Parental Leave
(s25C)
• Section 25C provides for one of the commissioning parents in a surrogate motherhood agreement to
take 10 weeks consecutive leave and the other, depending on who takes the 10 weeks leave, 10
days commissioning parental leave as per section 25A.
• Commissioning Parental Leave: The leave is granted for 10 days which is related to
motherhood. The parent is primarily looking out for the child while only entitled to CPL.
• An employee who enters into a surrogate motherhood agreement envisaged in terms of the
Children’s Act is entitled to 10 consecutive weeks of leave or the parental leave referred to above.
• The employee may commence commissioning parental leave on the date that the child is born.
• An employee who intends to take commissioning parental leave must submit at least one calendar
month’s written notifcation to his or her employer on the date which they intend to commence
commissioning parental leave and when they plan to return to work after commissioning parental
leave, known as “the commissioning parental leave notice”.
• As with parental and adoption leave, the employee is not required to provide the commissioning
parental leave notice to the employer if the employee is unable to do so, or if it is not reasonably
possible to do so.
 Family responsibility
leave
• An employee who has been employed by an employer for longer that
4 months and who works for 4 days a week for that employer is
entitled to 3 paid days leave a year. (s27)
• Family responsibility leave may be taken after: Birth of child, illness or
death of immediate family, spouse, parent, adoptive parent,
grandparent, etc[ reasonable proof]
• Must be employed +4 days a week, and at least for 4 months
• No accumulation
 Payment of
Remuneration
• 2002] intro of s34A
• Employer to pay contributions to pension,
provident, retirement, medical aid and
similar funds within 7 days of deducting
same
• Also employers' contribution to be paid in
7 days
Termination of employment
• Dismissal of an employee
• Section 37 of the Act provides that termination of employment at the instance of a
party to the contract may be terminated only on a notice of not less than:

• One week, if the employee has been employed for six months or less;
two weeks, if the employee has been employed for more than six months but not more
than one year;
• four weeks, if the employee has been employed for one year or more or, in the case of
a farmworker or domestic worker , employed for more than six months.
• Instead of employer giving the employee notice he may pay the employee an amount
equivalent to the notice period.
• That these notice periods are the minimum and may not be shortened by any
agreement.
• However, section 37 (2) (b) does provides that a collective agreements May permit the
notice period of four weeks to be reduced to not less than two weeks.
• Automatic termination of employment contract- public servants may
automatically have their contract of employment terminated when they
absent themselves without permission for a stipulated number of days
(1 months for public servants generally and 14 days for teachers), no
remedy in LRA.
• Public Service Act 103 of 1994 grants right to challenge on review the
decision not to reinstate them.
• Impossibility of performance- if either of the parties becomes incapable
of performing their obligations due to fault of the other party the
contract will terminate. Eg if employee is imprisoned for life.
• See NUM V CCMA 2009, SA post ofce Ltd v Mampeule 2009
Termination cont…
• Section 41 provides to the payment of severance pay
• If an employer dismisses an employee for operational reasons, the employer must pay an
employee severance pay equal to at least one week’s remuneration for each completed year of
continuous service with that employer.
• Section 41 regulates the payment of severance pay. When an employee is dismissed on account of
the employer operational requirements the employer myst pay employee severance package.
• Calculate severance pay [where termination for operational requirements or ito S38 Insolvency Act
] - on same basis as annual leave pay but note:
• Nufaw v Mgijima (2004) held ’remuneration‘ when calculating severance pay, excludes employers'
contribution to provident and medical aid funds
• If the employee’s contract is terminated in terms of section 38 of the Insolvency Act is entitled to
severance pay of min 1 week for each completed year of service
• No severance pay if reasonable alternative work ofered [see Freshmark (Pty) LTD v CCMA &others
[2003] 6 BLLR 521 (LAC) at 530
• Employee entitled to certifcate of service
• Schatz v Elliott International (Pty) Ltd & another (2008) 29 ILJ 2286
• the employer’s offer of alternative employment was acceptable to the employee in every
way except with regard to the amount of relocation costs. Despite the absence of
agreement on this issue, it was held, the employer’s offer had been reasonable and the
employee’s refusal to accept it meant that she was not entitled to severance pay.
• In Pretorius v Rustenburg Local Municipality & others (2008) 29 ILJ 1113 (LAC)
• the majority of the LAC found the employee’s insistence that he be offered the same
position or a position at the same or higher level was unreasonable in the circumstances.
By rejecting the employer’s offer he accordingly forfeited his right to severance pay.
• Sayles v Tartan Steel CC (2000) 2 BLLR 161 (LAC)
• Labour Appeal Court confrmed the decision of the court a quo that an
employee who had initially agreed to alternative employment instead of
retrenchment, but then changed his mind, was not entitled to severance pay.
• Pama & others v CCMA & others
• as the alternative employment may be with “that employer or any other
employer”, the legislature clearly contemplated that technically the ofer of
employment may emanate from another employer. The dismissing employer
would have complied with subsection (4) if it facilitated the employment with
the new employer”.
• A dispute can be referred to the CCMA for arbitration as to the
entitlement of severance pay
• The LC held that the phrase “in terms of this section” in section 41(6)
restricts a commissioner or the court to making a determination only
in terms of the statutory minimum or of an agreement, if there is one.
Thus, “if the rate, formula or method of calculation is agreed the court
or a commissioner may enforce it, even if it is more than a week per
year of service”
Termination of employment
• Termination by notice
• The Act stipulates further that notice of termination of a
contract of employment must be given in writing except
when it is given to or by any illiterate employee.
• Notice of termination of employment, when given by the
employer, must not be given during any period of leave
to which the employee is entitled in terms of chapter 3
of the Act, and may not to run concurrently with any
period of leave to which the employee is entitled,
except sick leave.
Payment on termination of
employment
• An employer may pay the employee the remuneration the employee would
have received if the employee had worked during the notice period.
• Can only deduct money from an employee if:-
• Agrees in writing to a specifc debt
• Required in terms of any law collective agreement, judgement or
arbitration award
• Can deduct for loss or damage sufered by the employer
Prohibition of the employment of
children an of forced labour (s43-48)
• BCEA give efect to international standards (the minimum Age Convention of
1973).
• Section 43(1) prohibits:
• A child under 15 years to work
• Child under school leaving age,
• A child to perform work that is inappropriate for a person of that age to work, or
• A child’s well-being , physical or mental health or spiritual moral or social
development to be placed at risk by the performance of any work.
• 15-year-olds are no longer subject to compulsory schooling in terms of the law
are allowed to work in advertising, sporting, artistic work etc. but only io terms
of regulations or a sectoral determination issued by the minister of labour.
• It is a criminal ofence to permit a child to work in contravention of BCEA.
• BCEA also prohibits forced labour by providing that no person may demand or
impose such labour on any person. Contravention of this section also
constitutes a criminal ofence.
VARIATION OF BASIC CONDITIONS
OF EMPLOYMENT
The BCEA
contemplates various
ways in which There are some terms Maximum working The protection ofered
statutory terms and that cannot be varied. hours established by to employees
conditions of These are: the Act. performing night work
employment can be
varied.

A minimum of 2 Prohibition of
4 months maternity
weeks per year Sick leave and employment of
leave
annual leave children.
• Section 49 of BCEA permits a collective
agreement concluded in a bargaining council
may alter, replace or exclude any basic
condition of employment if the collective
agreement is consistent with the purpose of this
Act.
• Variation by Ministerial determination: Section
50 empowers the minister to make a
determination that replaces or excludes any
basic condition of employment in respect of –
• Any category or employees or employers;
• Any employer or employee in respect of whom
applications is made by the employer, the
registered employer's organization, the
employer and the registered employers
organization.
• A collective agreement, other than an agreement contemplated in subsection
(1), may replace or exclude a basic condition of employment, to the extent
permitted by this Act or a sectoral determination.
• An employer and an employee may agree to replace or exclude a basic
condition of employment to the extent permitted by this Act or a sectoral
determination
• Minister may make a determination to replace or exclude any basic condition of
employment provided for in this Act
• An example of a variation by the minister relates to hours of work. In terms of
MD employees earning in excess of R 193 805 per annum are excluded from s9
which sets the maximum ordinary hours of work and s 10 which places limits on
overtime.
• Diferent to a sectoral determination – in sectors such as Engineering, taxi, civil
construction, Retail and wholesale, hospitality.
QUESTIONS????????????????