LEGISLATION
Skills Development Act
Role of SETA`s
Promote and establishes learnerships
Collect levies and pays out grants as required
Register learnership agreements
Basic Conditions of Employment Act
Purpose
Provides clear terms and conditions of employment for employees and employers
Set minimum requirements/standards for the employment contract
Regulates the right to fair labour practices set out in the Constitution
Provisions of BCEA
Working Time
Ordinary hours
May not work more 45 hrs per week
9 hrs a day for 5 days or less per week
8 hrs a day if less than 5 days per week
Overtime
Workers must agree to work overtime
Cannot work more than 3 hrs overtime per day (10 hrs per week)
One and a half times normal rate of pay for overtime worked weekdays and Saturdays
Double normal rate on Sundays
Meal Intervals
60 mins after 5 hrs work
Rest period
Daily rest of 12 continuous hours
Weekly rest of 36 continuous hours (must include Sunday)
Public Holidays
Must be paid for any public holiday that falls on weekday
Working on public holiday is by agreement and paid at double the rate
Leave
Annual leave
21 consecutive days annual leave per year
Employer can only pay a worker in lieu of leave if worker leaves job
Sick leave
Six weeks paid sick leave in period of 36 months (3 years)
A medical certificate may be required before paying an employee who is absent for more
than 2 consecutive days
Maternity leave
Pregnant employee entitled to 4 consecutive months leave
Family Responsibility leave
1
, 3 to 5 days paid leave per year
Employment and Remuneration
Termination of employment
1 week notice, if worker has been employed for 6 months or less
Min 4 weeks` notice, if worker has been employed for 1 year or longer
Penalties a business may face for not complying with the BCEA
Labour inspectors may investigate/inspect complaints and remove records as evidence
Business may be taken to the labour court for a ruling
Businesses that are found guilty of non-compliance may face heavy fines/penalties
Ways in which businesses can comply with BCEA
Workers should only work 9 hours per day in a 5 day work week
They must have a break of 60 minutes after five hours of work
Businesses should not employ children under the age of 15
Broad-based Black Economic Empowerment Act
Pillars
Enterprise Development:
Businesses should invest in/support black owned SMME`s
Contributions may be monetary/non-monetary
Employment Equity:
Business should employ suitable and qualified employees regardless of their
gender/race/culture etc.
Workplace should represent the demographics of the country
Ownership:
Business should include black people in shareholding/partnerships
More opportunities are created for black people to become owners/entrepreneurs
Preferential Procurement/Supplier Development:
Identify black owned suppliers that are able to supply goods and services
Develop business skills of small black owned suppliers e.g. sales techniques, legal advice
Social Responsibility/Socio-economic Development
Businesses should CSI focus on critical areas which can affect growth and development in
the country
They should distribute scarce CSI resources to selected beneficiaries in the community
Management Control:
Appoint black people in senior executive positions
Ensure black female representation in management
Skills Development:
Business must engage black employees in skills development initiatives
Provide learnerships and learning programmes to black employees
Labour Relations Act
Rights of employers according to LRA
2
Skills Development Act
Role of SETA`s
Promote and establishes learnerships
Collect levies and pays out grants as required
Register learnership agreements
Basic Conditions of Employment Act
Purpose
Provides clear terms and conditions of employment for employees and employers
Set minimum requirements/standards for the employment contract
Regulates the right to fair labour practices set out in the Constitution
Provisions of BCEA
Working Time
Ordinary hours
May not work more 45 hrs per week
9 hrs a day for 5 days or less per week
8 hrs a day if less than 5 days per week
Overtime
Workers must agree to work overtime
Cannot work more than 3 hrs overtime per day (10 hrs per week)
One and a half times normal rate of pay for overtime worked weekdays and Saturdays
Double normal rate on Sundays
Meal Intervals
60 mins after 5 hrs work
Rest period
Daily rest of 12 continuous hours
Weekly rest of 36 continuous hours (must include Sunday)
Public Holidays
Must be paid for any public holiday that falls on weekday
Working on public holiday is by agreement and paid at double the rate
Leave
Annual leave
21 consecutive days annual leave per year
Employer can only pay a worker in lieu of leave if worker leaves job
Sick leave
Six weeks paid sick leave in period of 36 months (3 years)
A medical certificate may be required before paying an employee who is absent for more
than 2 consecutive days
Maternity leave
Pregnant employee entitled to 4 consecutive months leave
Family Responsibility leave
1
, 3 to 5 days paid leave per year
Employment and Remuneration
Termination of employment
1 week notice, if worker has been employed for 6 months or less
Min 4 weeks` notice, if worker has been employed for 1 year or longer
Penalties a business may face for not complying with the BCEA
Labour inspectors may investigate/inspect complaints and remove records as evidence
Business may be taken to the labour court for a ruling
Businesses that are found guilty of non-compliance may face heavy fines/penalties
Ways in which businesses can comply with BCEA
Workers should only work 9 hours per day in a 5 day work week
They must have a break of 60 minutes after five hours of work
Businesses should not employ children under the age of 15
Broad-based Black Economic Empowerment Act
Pillars
Enterprise Development:
Businesses should invest in/support black owned SMME`s
Contributions may be monetary/non-monetary
Employment Equity:
Business should employ suitable and qualified employees regardless of their
gender/race/culture etc.
Workplace should represent the demographics of the country
Ownership:
Business should include black people in shareholding/partnerships
More opportunities are created for black people to become owners/entrepreneurs
Preferential Procurement/Supplier Development:
Identify black owned suppliers that are able to supply goods and services
Develop business skills of small black owned suppliers e.g. sales techniques, legal advice
Social Responsibility/Socio-economic Development
Businesses should CSI focus on critical areas which can affect growth and development in
the country
They should distribute scarce CSI resources to selected beneficiaries in the community
Management Control:
Appoint black people in senior executive positions
Ensure black female representation in management
Skills Development:
Business must engage black employees in skills development initiatives
Provide learnerships and learning programmes to black employees
Labour Relations Act
Rights of employers according to LRA
2
