Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Eight : Sectoral Determinations

Purchase

(1)	Before making a sectoral determination, the Minister must direct the Commission to investigate conditions of employment in the sector and area concerned.

[Section 52(1) substituted by section 5(a) of Notice No. 1302, GG 42059, dated 27 November 2018]

(2)	The Commission must, on its own accord or on the direction of the Minister, as contemplated in subsection (1), determine terms of reference for the investigation, which must include—

[Words preceding section 52(2)(a) substituted by section 5(b) of Notice No. 1302, GG 42059, dated 27 November 2018]

(a)	the sector and area to be investigated;

(b)	the categories or classes of employees to be included in the investigation; and

(c)	the matters to be investigated, which may include any matter listed in section 55(4).

(3)	The Commission must publish a notice in the Gazette setting out the terms of reference of the investigation and inviting written representations by the public.

[Section 52(3) substituted by section 5(c) of Notice No. 1302, GG 42059, dated 27 November 2018]

(4)	If an organisation representing employers or employees in a sector and area makes a written request to the Minister to investigate conditions of employment in that sector and area, the Minister must either—

(a)	direct the Commission to conduct an investigation; or

[Section 52(4)(a) substituted by section 5(d) of Notice No. 1302, GG 42059, dated 27 November 2018]

(b)	request the Commission to advise the Minister on whether the requested investigation ought to be conducted.