BCAS is NOT a labour specialist. This article is just a GUIDE. Please contact a specialist for help on this. We cannot help you with labour law concerns
Read about some common accounting mistakes here.
The Basic Conditions of Employment Act (BCEA) provides a basic guideline on BCEA regulations relating to:
- Working times: including shift work, weekend work, public holidays, overtime
- Payment: including payment in kind, deductions
- Leave: annual leave, sick leave, maternity leave, family responsibility leave, unpaid leave and absence without leave
- Deductions: including those required by law and those you are allowed to make
- Notice periods
- Administration: documents needed by employees and record-keeping
- Prohibition of victimisation and exploitation
This article will focus on Notice periods, Administration and victimisation
Notice periods
- During the first six months of employment, workers will be entitled to at least 1 week’s notice of the termination of their services
- After the first six months, but during the first year of employment, workers will be entitled to 2 week’s notice
- If they have worked for more than one year, workers are entitled to 4 week’s notice
- If an employment contract has a longer period of notice than the BCEA, the longer notice must be given
- Notice works both ways! If a worker resigns without giving the employer the correct amount of notice, for example one week, the employer can claim one week’s pay from the worker
- Notice must be in writing
- Neither the employer nor the worker can give notice while the worker is on leave
See Unfair dismissals, about workers’ rights before and after dismissal.
All workers are entitled to a written certificate of service when the worker stops working for that employer. The certificate of service sets out the full name of the employer and the worker, the job/s that the worker was doing, the date the worker began working and the date the worker ended work; the wage at the time that the job ended, including payment in kind.
Administration
Except for workers who work less than 24 hours a month:
Before the job starts, the employer must give the worker written particulars about the job, including:
- A description of the job
- The hours that the worker will be expected to work
- Ordinary and overtime rates of payment, including payment in kind and its value
- Any deductions to be made
- How much leave the worker will get
- The notice period
This document is like a contract of employment, but the worker doesn’t have to sign it. If a worker can’t read, the particulars must be explained in a language the worker understands. An employer who employs fewer than 5 employees does not have to provide the above details
The BCEA says an employer must hand the worker his or her wages with certain details on a payslip, including:
- The period for which the worker is being paid
- The number of overtime hours worked
- The number of hours worked on a Sunday or public holiday
- The wages due to the worker (both normal and overtime)
- The amount and reason for any deductions made for tax, pension, UIF, etc. and so on
- The actual amount paid
The BCEA says the employers must keep the following records:
- The time worked by each worker.
- The wages paid to each worker.
Prohibition of victimisation and exploitation
The employer is not allowed to victimise a worker who refuses to do something that is against the BCEA. For example, if a worker says she cannot work overtime because her baby is sick at home, the employer cannot dismiss her; the BCEA states that an employer cannot make a worker work overtime without the worker’s consent.
You can contact us for a more comprehensive summary in one document on 081 529 5129 or bruce@vibrant-booth.197-189-226-226.plesk.page
Read more about the BCEA and how it affects your employees here on our website here:
The SA government website is a great source of information – here.
This post was updated on 20th January 2021