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

Codes of Good Practice

Code of Good Practice for Employment and Conditions of work for Expanded Public Works Programmes

3. Application

 

 

3.1) The Code applies to all employers and to all workers hired to perform work in elementary occupations in EPWP.

 

3.2) Employers in EPWP’s must comply with relevant legislation such as the—
• Basic Conditions of Employment Act 75 of 1997
• Labour Relations Act 66 of 1995
• Employment Equity Act 55 of 1998 (Chapters 1 & 2)
• Occupational Health and Safety Act 85 of 1993
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Unemployment Insurance Act 63 of 2001
• Skills Development Act of 1998

 

3.3) The Code does not impose any legal obligation in addition to those in the Basic Conditions of Employment Act or any other Act referred to in the Code. Its pur to give guidance to employers on key legal provisions in those Acts.

 

3.4) The Code must be read in conjunction with a Ministerial Determination for Expanded Works Programmes issued by the Minister of Labour in terms of Section 50(1) of the Basic Conditions of Employment Act and the standard terms and conditions of employment which are annexed to this Code.

 

3.5) The Code includes provisions for work to be task-based/service-based. In a task-based, the worker is paid a fixed rate in return for a fixed quantity of work. Tasks may be set for individual or a group of people. Payment for work performed on a task-based system will be subject to 9.1.