LLW 2601(LABOUR LAW)
Solutions/Answers for Assignment 1 SEMESTER 1 2021
UNISA
, LLW2601 Labour Law
Question 1:
1.1 State whether each of the above clauses is “valid” or “invalid” in terms
of the BCEA. Provide reasons for your answer in each instance.[10]
Section 9 of the Basic Conditions of Employment Act (BCEA) provides for a
maximum of 45 working hours a week. And it also provides that if an
employee works five (5) days a week or less, he or she may not work more
than 9 hours a day. And if an employee works 6 days or more a week, he or
she may not work more than 8 hours a day. These hours include an hour
lunch break. Moreover, these hours may be extended by agreement by up to
15 minutes a day, but no more than an hour per week, if employees serve
members of the public. Therefore, clause (i) is invalid because Siya works for
more than 8 hours, 6 days a week.
In terms of section 20 of the BCEA, an employer must give an employee a
minimum of 21 consecutive (calendar) days’ paid vacation leave (excluding
public holidays) per year. Employers and employees may agree on additional
leave, either paid or unpaid and that would be allowed since it is more
beneficial than the minimums provided for in the Act. The employer and
employee may however not agree to fewer days than the minimums
prescribed. Therefore, clause (ii) in Siya’s contract of employment is valid for
it complies with the requirements of the Act.
Sections 22 and 23 provide for an employee’s sick leave. A sick-leave cycle is
three-years. The number of days’ sick leave in a sick-leave cycle is calculated
as the number of days that an employee would normally work in six weeks.
For example, if an employee works 5 days a week, she/he would work 30
days in 6 weeks and that would entitle her/him to 30 days’ sick leave in 3
years. If an employee has been absent from work for more than 2 consecutive
days or on more than 2 occasions in eight weeks, the employer may request
the employee to submit a medical certificate. Such a certificate may be issued
and signed by a medical doctor or another person who is certified to diagnose
and treat patients and is registered with a professional council. Clause (iii) of
Siya’s employment contract is invalid. This is because 30 days of sick leave is
for those who work for 5 days a week. And Siya works 6 days a week.
Section 27 provides for family responsibility leave. An employee is entitled to
3 days’ family responsibility leave for every 12 months worked. Family
responsibility leave may be taken when an employee’s; child is born or is sick,
or in the event of the death of the employee’s spouse or life partner, parent,
adoptive parent, grandparent, child, adopted child, grandchild, or siblings
(brothers and sisters). No provision is made for leave to be taken in the event
Solutions/Answers for Assignment 1 SEMESTER 1 2021
UNISA
, LLW2601 Labour Law
Question 1:
1.1 State whether each of the above clauses is “valid” or “invalid” in terms
of the BCEA. Provide reasons for your answer in each instance.[10]
Section 9 of the Basic Conditions of Employment Act (BCEA) provides for a
maximum of 45 working hours a week. And it also provides that if an
employee works five (5) days a week or less, he or she may not work more
than 9 hours a day. And if an employee works 6 days or more a week, he or
she may not work more than 8 hours a day. These hours include an hour
lunch break. Moreover, these hours may be extended by agreement by up to
15 minutes a day, but no more than an hour per week, if employees serve
members of the public. Therefore, clause (i) is invalid because Siya works for
more than 8 hours, 6 days a week.
In terms of section 20 of the BCEA, an employer must give an employee a
minimum of 21 consecutive (calendar) days’ paid vacation leave (excluding
public holidays) per year. Employers and employees may agree on additional
leave, either paid or unpaid and that would be allowed since it is more
beneficial than the minimums provided for in the Act. The employer and
employee may however not agree to fewer days than the minimums
prescribed. Therefore, clause (ii) in Siya’s contract of employment is valid for
it complies with the requirements of the Act.
Sections 22 and 23 provide for an employee’s sick leave. A sick-leave cycle is
three-years. The number of days’ sick leave in a sick-leave cycle is calculated
as the number of days that an employee would normally work in six weeks.
For example, if an employee works 5 days a week, she/he would work 30
days in 6 weeks and that would entitle her/him to 30 days’ sick leave in 3
years. If an employee has been absent from work for more than 2 consecutive
days or on more than 2 occasions in eight weeks, the employer may request
the employee to submit a medical certificate. Such a certificate may be issued
and signed by a medical doctor or another person who is certified to diagnose
and treat patients and is registered with a professional council. Clause (iii) of
Siya’s employment contract is invalid. This is because 30 days of sick leave is
for those who work for 5 days a week. And Siya works 6 days a week.
Section 27 provides for family responsibility leave. An employee is entitled to
3 days’ family responsibility leave for every 12 months worked. Family
responsibility leave may be taken when an employee’s; child is born or is sick,
or in the event of the death of the employee’s spouse or life partner, parent,
adoptive parent, grandparent, child, adopted child, grandchild, or siblings
(brothers and sisters). No provision is made for leave to be taken in the event
