Basic Conditions of Employment Act: Regulations ... - Gov

31

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schedule. attached per as 2020, January

of 42986 No Gazette Government correct and, 2020 January 22 of 42965 No Gazette Government in

Notice correction 2018, December 19 of 42124 No Gazette Government 2014, August 29 of 655 Notice

Government 2010, March 12 of 197 Notice Government 2002, July 25 of R936 Notice Government

in published as Regulations the to Amendments the and 1998 November 13 of 1438 Notice

Government in published 1997 75, No Act Employment of Conditions Basic the of terms in Regulations

the amended Commission, Wage Minimum National the with consultation after 1997, of 75 No. Act

Employment of Conditions Basic the of 86(1) section under has Labour and Employment of Minister The

NOTICE CORRECTION

1997 OF 75 NO ACT, EMPLOYMENT OF CONDITIONS BASIC

Basic Conditions of Employment Act (75/1997): Correction Notice

43026

DATE

R. 174

NO. R. 174 

17 FEBRUARY 2020

NO.R

DEPARTMENT OF LABOUR

Labour, Department of/ Arbeid, Departement van

Government Notices ? Goewermentskennisgewings

4?? No. 43026

GOVERNMENT GAZETTE, 17 FEBRUARY 2020

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off. time paid receive to agree

may employee an or wage normal employee's the times 1.5 at paid be must Overtime 2.3.4

months. 12 of period any in months

two to up for week per hours fifteen to overtime increase may agreement collective A 2.3.3

day. any

on hours 12 than more work to employee an permit or require not may agreement An 2.3.2

2.3

Section : Overtime

2.3.1

week. a overtime hours' ten than more work to (b)

agreement; an by except overtime work to (a)

employee an permit or require not may employer An

-

10

day that on hours four for paid be must day

any on hours four than less for works who threshold, the than less earning Employees 2.2.2

2.2

9A and 9 Section : work of hours Ordinary

2.2.1

week. a in days five than more on works employee an if day any in hours eight c)

or week; a in less or days five for works employee an if day any in hours nine b)

week; any in hours 45 a)

than more work to employee an permit or require shall employer No

-

month. a hours 24 than less work who employees and travel who

staff sales as engaged employees employees, managerial senior to apply not does chapter This

TWO CHAPTER

:

2.

TIME WORKING OF REGULATION

2.1

Application

below). 7 paragraph (See Act. the of provisions

the with accordance in agreements collective or individual by varied be may employment

of conditions basic all, not but Some, Act. the by covered employees of employment

of contract the of part form Act the in contained employment of conditions basic The

purpose. charitable a with organisation an for working volunteers unpaid and

Agency Security State the of members except employers and employees all to applies Act The

3 SECTION

:

ACT THE OF APPLICATION

1.

amended. as 1997, Act, Employment of Conditions

Basic the of sections important most the of provisions the of summary a is following The

30 SECTION OF TERMS IN EMPLOYER AN BY KEPT BE TO SUMMARY

1997 ACT, EMPLOYMENT OF CONDITIONS BASIC

2) (Regulation

1A BCEA

No. 43026?? 5

STAATSKOERANT, 17 FEBRUARIE 2020

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examination. medical a undergo to right the (b)

and hazards; safety and health any of (a)

informed

-

be must day next the 06:00 before and :00 23 after regularly work who Employees 2.9.2

2.8.3

upon. agreed be may Sunday a on working for return in off time Paid

2.9

work Night

2.9.1

available.

be must transport and hours working of reduction a by or allowance an of payment

by compensated be must 06h00 and 18h00 between night at work who Employees

17 Section

:

wage.

normal the times 1.5 at paid be must Sunday a on works ordinarily who employee An 2.8.2

2.8

Sundays on work for Pay

2.8.1

pay. double receive must Sunday a on works occasionally who employee An

16 Section

:

Sunday. include must agreed, otherwise unless which, hours, consecutive 36

of period rest weekly a and hours consecutive 12 of period rest daily a have must employee An

15 Section

:

period rest weekly and Daily

2.7

day.

a on hours six than fewer work who employees for interval meal the with dispense (b)

minutes; 30 to interval meal the reduce (a)

may- agreement written A 2.6.2

work. hours five after minutes 60 of interval meal a have must employee An 2.6.1

14 Section

-

:

intervals Meal

2.6

period. agreed the over week a in overtime hours' five of average an (b)

period; agreed the over week a in hours ordinary 45 of average an (a)

than more work not may agreement collective a such by bound is who employee An 2.5.2

months. four to

2.5

Section : work of hours of Averaging

2.5.1

up of period a over averaged be to work of hours the permit may agreement collective A

12

week. any in days five than more

(c)

or week; any in overtime hours' ten than more

(b)

week; any in hours ordinary 45 than more

(a)

work to employee an permit or require not may agreement This 2.4.2

pay. overtime

receiving without day a in hours 12 to up work to writing in agree may employee An 2.4.1

-

11

Section : week working Compressed

2.4

6?? No. 43026

GOVERNMENT GAZETTE, 17 FEBRUARY 2020

7

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3.5

25A Section : Leave Parental

3.5.1

order. adoption an of finalization

the pending court, competent a by parent adoptive prospective a of care the in placed

is child the or granted; is adoption or born, is child employee's the when leave, parental

days consecutive ten least at to entitled is child, a of parent a is who employee, An

child. her or her to hazardous

is that work perform to allowed not is child her nursing employee or employee pregnant A 3.4.2

3.4

leave Maternity

3.4.1

leave. maternity months' consecutive four to entitled is employee pregnant A

26 & 25 Sections

:

absent. frequently is who or days consecutive two than more for

absent is who employee an paying before certificate medical a require may employer An 3.3.3

worked. days 26

every for leave sick paid day's one to entitled is employee an months six first the During 3.3.2

3.3

leave Sick

3.3.1

months. 36 of period a in leave sick paid weeks' six to entitled is employee An

24

- 22 Sections

:

employment. of

termination on except leave granting of instead employee an pay not must employer An 3.2.3

cycle. leave annual the of end the after months six than later not granted be must Leave

3.2.2

worked. hours 17 every for hour one or worked days 17 every for

day one agreement, by or leave annual days' consecutive 21 to entitled are Employees 3.2.1

21 & 20

Sections

:

leave Annual

3.2

chapter. this under entitlement leave the of excess in granted leave to and employer an

for month a hours 24 than less works who employee an to apply not does leave on chapter The

3.

THREE CHAPTER : LEAVE

3.1

Application

agreement. day_by another with exchanged be may holiday public A 2.10.3

rate. the double at paid and agreement by is holiday public a on Work 2.10.2

day.

working a on falls that holiday public any for pay ordinary their paid be must Employees 2.10.1

18 Section

holidays Public

:

2.10

STAATSKOERANT, 17 FEBRUARIE 2020

No. 43026?? 7

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business;

employer's the covers which determination sectoral or council any of description (n)

contract; of period or notice of (m)period

entitlement; leave (I)

deductions; Any (k)

remuneration; of frequency (j)

thereof; value the and kind in payment any (i)

payments; cash other any (h)

work; overtime for rate (g)

calculating; of method and rate the or wage (f)

work; of

days

and

work

of hours ordinary (e)

employment; of date (d)

work; of places various (c)

a or employee, the of occupation and name (b)

work the

of

description

brief

employer; the of address and name full (a)

writing: in particulars following the with

employment, commences employee the when employee an supply must employer An 4.2.1

;

29 Section

:

employment of particulars Written

4.2

employer.

an for month a hours 24 than less works who employee an to apply not does chapter This

FOUR CHAPTER

:

4.

REMUNERATION AND EMPLOYMENT OF PARTICULARS

4.1

Application

proof. reasonable require may employer An 3.8.2

sibling. or grandchild child, adopted child, grandparent,

parent, adoptive parent, employee's the or partner, life or spouse employee's

the of death the of event the in or sick, is

employee's the when request, on

year, per leave responsibility family paid days three to entitled are employees time Full 3.8.1

27 Section

3.7

Leave parental Commissioning

3.7.1

agreement motherhood surrogate a of result

a as born is child /her his when leave parental days consecutive ten or leave; parental

commissioning consecutive weeks ten least

to entitled 25(6), section to subject

is agreement motherhood surrogate a in parent commissioning a is who employee, An

3.8

leave responsibility Family

25C Section

:

:

order. adoptive an of finalization

the pending court, competent a by parent adoptive prospective as care /her his

in placed is child the or granted, is adoptive when leave parental days consecutive

ten or leave; adoptive consecutive weeks ten least at to entitled 25(6), section to

subject is two, of age the below is who child a of parent adoptive an is who employee An 3.6.1

25B Section

:

Leave Adoption

3.6

8?? No. 43026

GOVERNMENT GAZETTE, 17 FEBRUARY 2020

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