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Table of Contents
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)
Notice No. 1631 of 1997
Act
Chapter One : Definitions, purpose and application of this Act
1. Definitions
2. Purpose of this Act
3. Application of this Act
4. Inclusion of provisions in contracts of employment
5. This Act not affected by agreements
Chapter Two : Regulation of working time
6. Application of this Chapter
7. Regulation of working time
8. Interpretation of day
9. Ordinary hours of work
9A. Daily wage payment
10. Overtime
11. Compressed working week
12. Averaging of hours of work
13. Determination of hours of work by Minister
14. Meal intervals
15. Daily and weekly rest period
16. Pay for work on Sundays
17. Night work
18. Public holidays
Chapter Three : Leave
19. Application of this Chapter
20. Annual leave
21. Pay for annual leave
22. Sick leave
23. Proof of incapacity
24. Application to occupational accidents or diseases
25. Maternity leave
25A. Parental leave
25B. Adoption leave
25C. Commissioning parental leave
26. Protection of employees before and after birth of a child
27. Family responsibility leave
Chapter Four : Particulars of employment and remuneration
28. Application of this Chapter
29. Written particulars of employment
30. Informing employees of their rights
31. Keeping of records
32. Payment of remuneration
33. Information about remuneration
33A. Prohibited conduct by employer
34. Deductions and other acts concerning remuneration
34A. Payment of contributions to benefit funds
35. Calculation of remuneration and wages
Chapter Five : Termination of employment
36. Application of this Chapter
37. Notice of termination of employment
38. Payment instead of notice
39. Employees in accommodation provided by employers
40. Payments on termination
41. Severance pay
42. Certificate of service
Chapter Six : Prohibition of Employment of Children and Forced Labour
43. Prohibition of work by children
44. Regulations on work by children
45. Medical examinations
46. Prohibitions
47. Evidence of age
48. Prohibition of forced labour
Chapter Seven : Variation of Basic Conditions of Employment
49. Variation by agreement
50. Variation by Minister
Chapter Eight : Sectoral Determinations
51. Sectoral determination
52. Investigation
53. Conduct of investigation
54 Preparation of report
55. Making of sectoral determination
56. Period of operation of sectoral determination
57. Legal effect of sectoral determination
58. Employer to keep a copy of sectoral determination
Chapter Nine [Repealed] : Employment Conditions Commission
59. [Repealed] Establishment and functions of Employment Conditions Commission
60. [Repealed] Composition of Commission
61. [Repealed] Public hearings
62. [Repealed] Report by Commission
Chapter Ten : Monitoring, Enforcement and Legal Proceedings
Part A : Monitoring and Enforcement
62A. Definitions
63. Appointment of labour inspectors
64. Functions of labour inspectors
65. Powers of entry
66. Powers to question and inspect
67. Co-operation with labour inspectors
68. Securing an undertaking
69. Compliance order
70. Limitations
71. [Repealed] Objections to compliance order
72. [Repealed] Appeals from order of Director-General
73. Order may be made an arbitration award
73A. Claims for failure to pay any amount
Part B : Legal Proceedings
74. Consolidation of proceedings
75. Payment of interest
76. Proof of compliance
76A. Fine for not complying with national minimum wage
77. Jurisdiction of Labour Court
77A. Powers of Labour Court
Part C : Protection of Employees against Discrimination
78. Rights of employees
79. Protection of rights
80. Procedure for disputes
81. Burden of proof
Chapter Eleven : General
82. Temporary employment services
83. Deeming of persons as employees
83A. Presumption as to who is employee
84. Duration of employment
85. Delegation
86. Regulations
87. Codes of Good Practice
88. Minister's power to add and change footnotes
89. Representation of employees or employers
90. Confidentiality
91. Answers not to be used in criminal prosecutions
92. Obstruction, undue influence and fraud
93. Penalties
94. This Act binds the State
95. Transitional arrangements and amendment and repeal of laws
96. Short title and commencement
Schedules
Schedule One : Procedures for Progressive Reduction of Maximum Working Hours
Schedule Two : Maximum Permissible Fines that may be Imposed for Failure to Comply with this Act
Schedule Three : Transitional Provisions
Schedule Four : Laws Repealed by Section 95(5)
Regulations
General Administrative Regulations
Notice No. R. 1438 of 1998
1. Definitions
2. Informing Employees of Their Rights
3. Keeping of Records
4. Record of Employee's Wages
5. Written particulars of Employment
6. Certificate of Service
7. Ministerial Determination
8. Subpoenas
9. Securing an Undertaking
10. Compliance Order
11. [Deleted] Objections to Compliance Order
12. Proof of Service
13. Inspector certificates in terms of section 63
BCEA Forms
Form BCEA 1A : Summary to be kept by an Employer in terms of Section 30
Form BCEA 2 : Wages Register
Form BCEA 3 : Attendance register
Form BCEA 4 : Payslip
Form BCEA 5 : Certificate of Service
Form BCEA 6 : Application for Ministerial Determination
Form BCEA 7 : Determination in terms of Section 50
Form BCEA 8 : Subpoena
Form BCEA 8A : [Deleted] Request to comply with an undertaking
Form BCEA 9 : Undertaking
Form BCEA 10 : Receipt
Form BCEA 11 : Receipt
Form BCEA 12 : Compliance order
Form BCEA 13 [Deleted] Notice of objection
Form BCEA 14A : Inspector's certificate
Form BCEA 14B : Inspector's card
BCEA Regulations on Hazardous Work by Children
Notice No. R. 7 of 2010
1. Definitions
2. Purpose and interpretation
3. Access to nutrition, health care and educational services
4. Work away from parents or legal guardian
5. Prohibition of piece-work and task work
6. Maximum daily and weekly working time
7. Night work
8. Prohibited work
9. Worst forms of child labour
10. Investigation and prosecution of alleged offences concerning worst forms of child labour
11. Medical examinations
12. Report to department of social development
13. Offences and Penalties
14. Exemptions
15. Summary
16. Short title and commencement
Schedules
Schedule 1: Hazardous substances and agents
Schedule 2: Summary of regulations on the health and safety of children at work and on hazardous work by children
Notices
Cancellation of Old Wage Determinations
Determination: Earnings Threshold
Notice No. R. 422 of 2011
Notice No. R. 429 of 2012
Notice No. 531 of 2014
Notice No. 77 of 2021
Notice No. 1736 of 2022
Notice No. 3067 of 2023
Notice No. 4468 of 2024
Codes of Good Practice
Arrangement of Working Time
Notice No. 1440 of 1998
1. Objectives
2. Application
3. Relationship to Health and Safety Laws
4. Design and Evaluation of Shift Systems
5. Arrangement of Shifts
6. Design of Shift Rosters
7. Performance of Safety-Critical Tasks
8. Health Assessment and Counselling
9. Working Environment
10. Management Services
11. Coping Strategies
Glossary
Protection of Employees during Pregnancy and after the Birth of a Child
Notice No. 1441 of 1998
1. Introduction
2. Application of the Code
3. Contents
4. Legal Requirements
5. Protecting the Health of Pregnant and Breast-Feeding Employees
6. The Identification and Assessment of Hazards
7. Aspects of Pregnancy that may Affect Work
Schedules
Schedule 1 : Physical Hazards
Schedule 2 : Ergonomic Hazards
Schedule 3 : Chemical Hazards
Schedule 4 : Biological Hazards
Employment of Children in the Performance of Advertising, Artistic or Cultural Activities
Notice No. R. 479 of 2005
1. Preamble
2. Purpose
3. Application
4. Child Minders
5. Dressing Rooms
6. Education
Employment and Conditions of Work for Expanded Public Works Programmes
Notice No. 129 of 2011
1. Preamble
2. Purpose
3. Application
4. Beneficiaries of expanded public works programmes
5. Recommended exclusions
6. Selection of Workers
7. Maximising Participation
8. Forced labour is prohibited
9. Payment
10. Hours of Work
11. Attendance
12. Health and Safety
13. Compensation for Occupational Accidents and Diseases
14. Training
15. Discipline, dismissal and termination
16. Disciplinary Sanctions
17. Grievance Procedures
18. Glossary
Contract of Employment
Ministerial Determinations
Ministerial Determination 1 : Small Business
Notice No. R. 1295 of 1999
1. Application
2. Overtime
3. Averaging of Hours
4. Family Responsibility Leave
Ministerial Determination 3 : Expanded Public Works Programmes
Notice No. R. 347 of 2012
1. Definitions
2. Application
3. Sections not applicable to public works programmes
4. Conditions
Annexure
Sectoral Determinations
Sectoral Determination 1: Contract Cleaning Sector, South Africa
Notice No. R. 622 of 1999
1. Area and Scope of Application
2. Definitions
3. Remuneration
4. Calculation of Remuneration and Wages
5. Payment of Remuneration
6. Information about Remuneration
7. Deductions and other Acts concerning Remuneration
8. Ordinary Hours of Work
9. Overtime
10. Payment of Overtime
11. Compressed Working Week
12. Averaging of Hours of Work
13. Meal Intervals
14. Rest Periods
15. Payment for Work on a Sunday
16. Night Work
17. Public Holidays
18. Annual Leave
19. Sick Leave
20. Maternity Leave
21. Protection of Employee before Birth and after Birth of a Child
22. Family Responsibility Leave
23. Termination of Employment
24. Severance Pay
25. Uniforms, Overalls, Protective Clothing and Safety Equipment
26. Written Particulars of Employment
27. Informing Employees of their Rights
28. Certificate of Service
29. Attendance Register
30. Enforcement
31. Duration of Employment
32. Contract Cleaning National Provident Fund
33. Duration of Employment
Sectoral Determination 2: Civil Engineering Sector, South Africa
Notice No. R. 204 of 2000
1. Definitions
2. Area and scope of the determination
3. Remuneration
4. Calculation of wages
5. Payment of remuneration
6. Information concerning remuneration
7. Deductions and other acts concerning remuneration
8. Ordinary hours of work
9. Overtime
10. Payment for overtime
11. Meal intervals
12. Rest period
13. Compressed working week
14. Averaging hours of work
15. Payment for work on a Sunday
16. Public holidays
17. Annual leave
18. Sick leave
19. Maternity leave
20. Family responsibility leave
21. Piece work
22. Prohibition of employment
23. Termination of contract of employment
24. Severance pay
25. Certificate of service
26. Protective clothing
27. Attendance register
28. Written particulars of employment
29. Retirement Benefit Fund
29A. Cross border work allowance
30. Keeping of sectoral determination
Annexures
Annexure A : Certificate of service
Sectoral Determination 4: Clothing and Knitting Sector, South Africa
Notice No. R. 1007 of 2000
1. Definitions
1.1 (a) Employees in the Clothing Division only
1.1 (b) Employees in the Knitting Division only
1.1 (c) Employees in the Clothing and Knitting Division
1.1 (d) Other employees in the Clothing and Knitting Division
2. Area and scope of determination
3. Remuneration
4. Payment of remuneration
5. Information concerning remuneration
6. Deductions and other matters concerning remuneration
7. Hours of work and overtime
8. Night work
9. Compressed working week
10. Averaging hours of work
11. Payment for work on a Sunday
12. Public holidays
13. Annual leave
14. Sick leave
15. Maternity leave
16. Family responsibility leave
17. Piece-work
18. Commission work
19. Prohibition of employment
20. Termination of contract of employment
21. Severance pay
22. Certificate of service
23. Uniforms, overalls and protective clothing
24. Attendance register
25. Written particulars of employment
26. Log book
27. Keeping of sectoral determination
Annexures
Annexure A : Certificate of Service
Annexure B : Attendance register
Annexure C : Automatic time recorder
Annexure D : Daily log
Sectoral Determination 5 : Learnerships, South Africa
Notice No. 519 of 2001
1. Definitions
2. Application of this determination
3. Learner's allowances
4. Calculation of remuneration and allowances
5. Payment of remuneration
6. Information about remuneration
7. Deductions and other acts concerning remuneration
8. Interpretation of day
9. Ordinary hours of work
10. Overtime
11. Compressed working week
12. Averaging of hours of work
13. Meal intervals
14. Daily and weekly rest period
15. Pay for work on Sunday
16. Night work
17. Public holidays
18. Emergency work
19. Annual leave
20. Pay for annual leave
21. Sick leave
22. Proof of incapacity
23. Application to occupational accidents or diseases
24. Maternity leave
25. Protection of learners before and after birth of a child
26. Family responsibility leave
27. Contract of employment
28. Informing learners of their rights
29. Keeping of records
30. Termination
31. Payments on termination
32. Certificate of service
33. Disputes about this determination
34. Keeping of the determination for learners
Annexure A : Certificate of service
Sectoral Determination 6: Private Security Sector, South Africa
Notice No. R. 786 of 2015
1. Area and scope of application
2. Definitions
3. Remuneration
4. Payment of remuneration
5. Ordinary hours of work, overtime and payment for overtime
6. Annual bonus
7. Compensation for work on a public holiday
8. Compensation for work on a Sunday
9. Annual leave
10. Sick leave
10A. Proof of incapacity
11. Family responsibility leave
12. Maternity leave
12A. Maternity benefits
13. Study leave
14. Service benefit
15. Transfer allowance
16. Written particulars of employment
17. Keeping of records
18. Presumption as to who is an employee
19. Weapons, uniforms, overalls and protective clothing
20. Temporary employment services, labour brokers and independent contractors
21. Prohibition of employment of children
22. Prohibition of forced labour
23. Termination of contract of employment
24. Severance pay
25. Certificate of service
26. Attendance register
27. Private Security Sector Provident Fund
28. Employers to keep a copy of this Determination
29. Variation by Minister
30. Superseding of previous Government Gazettes
Sectoral Determination 7 : Domestic Worker Sector, South Africa
Notice No. R. 1068 of 2002
Part A : Application
1. Application
Part B : Wages
2. Wages
3. Annual wage increases
4. Calculation of wages
5. Payment of wages
6. Information concerning pay
7. Prohibited acts concerning pay
8. Deductions
Part C : Particulars of Employment
9. Written particulars of employment
Part D : Hours of Work
10. Ordinary hours of work
11. Overtime
12. Payment of overtime
13. Night work
14. Standby
15. Meal intervals
16. Rest period
17. Payment for work on Sunday
18. Public holidays
Part E : Leave
19. Annual leave
20. Sick leave
21. Family responsibility leave
22. Maternity leave
Part F : Prohibition of Child Labour and Forced Labour
23. Prohibition of child labour and forced labour
Part G : Termination of Employment
24. Termination of employment
25. Payment on termination
26. Accommodation on termination
27. Severance pay
28. Certificate of service
29. Employment services
30. Keeping of sectoral determination
31. Definitions
Guidelines on Written Particulars of Employment
1. Notice period and termination of employment
2. Procedure for termination of employment
3. Wage/Remuneration/Payment
4. Transport allowances, bonuses, increases
5. Hours of work
Written Particulars of Employment (Domestic Worker)
[Superseded] Sectoral Determination 8 : Farm Worker Sector, South Africa
Notice No. R. 1499 of 2002
Sectoral Determination 9: Wholesale and Retail Sector, South Africa
Notice No. 162 of 2016
Part A : Application
1. Application
Part B : Wages
2. Wages
3. Commission work
4. Calculation of remuneration or wages
5. Payment of remuneration
6. Information concerning remuneration
7. Deductions and other acts concerning remuneration
Part C : Particulars of employment
8. Written particulars of employment
Part D : Hours of Work
9. Application of this part
10. Application of parts D and E to employees working 27 hours or less per week
11. Ordinary hours of work
12. Overtime
13. Payment of overtime
14. Compressed working week
15. Averaging of hours of work
16. Meal intervals
17. Rest periods
18. Payment for work on Sundays
19. Night work
20. Public holidays
Part E : Leave
21. Annual leave
22. Sick Leave
23. Family responsibility leave
24. Maternity leave
Part F : Prohibition of Work by Children and Forced Labour
25. Prohibition of work by children
Part G : Termination of employment
26. Termination of employment
27. Payment instead of notice
28. Payment on termination
29. Severance pay
30. Certificate of service
Part H : General
31. Overalls and protective clothing
32. Attendance register
33. Temporary employment services
34. Duration of employment
35. Keeping of sectoral determination
36. Definitions
Minimum wage tables
Tables 1 and 2
Sectoral Determination 10 : Children in the Performance of Advertising, Artistic and Cultural Activities, South Africa
Notice No. R. 882 of 2004
Part A : Scope of Application
1. Scope of application
2. Granting of permit
Part B : Employment
3. Contract of employment
Part C : Remuneration
4. Payment of remuneration
5. Information concerning pay
6. Deductions
7. Prohibited acts concerning pay
Part D : Hours of Work
8. Hours of work
9. Rest periods
10. Food and refreshments
11. Night work
Part E : Protections
12. Recreational areas
13. Accommodation
14. Transport
15. Reasonable access
16. Dangerous and hazardous performances
17. Keeping of sectoral determination
Part F : Offences and Legal Proceedings
18. Offences
19. Evidence of age
20. Penalties
Part G : Miscellaneous
21. Delegation
22. Definitions
Forms
Form SD 10.1 : Application for a permit
Form SD 10.2 : Permit in terms of Clause 2
Sectoral Determination 11 : Taxi Sector, South Africa
Notice No. R. 409 of 2005
Part A : Application
1. Scope of application
Part B : Minimum Wages
2. Minimum wage level
3. Annual increase
4. Calculation of wages
5. Payment of wages
6. Information concerning pay
7. Prohibited acts concerning pay
8. Deductions
9. Boarding allowances
Part C : Particulars of Employment
10. Written particulars of employment
Part D : Hours of Work
11. Ordinary hours of work
12. Overtime
13. Payment of overtime
14. Work on Sundays
15. Work on public holidays
16. Night work
17. Meal intervals
18. Rest period
19. Annual leave
Part E : Leave
20. Sick leave
21. Family responsibility leave
22. Maternity leave
Part F : Prohibition of Employment of Children and Forced Labour
23. Prohibition of child labour
24. Prohibition of forced labour
25. Offences
Part G : Termination of Employment
26. Notice of termination of employment
27. Payment instead of notice
28. Payments on termination
29. Severance pay
30. Certificate of service
Part H : General Provisions
31. Keeping of sectoral determination
32. Presumption as to who is an employee
33. Cancellation of wage determination
34. Definitions
Annexures
Guidelines
Sectoral Determination 12 : Forestry Sector, South Africa
Notice No. R. 219 of 2006
Part A : Application
1. Scope of application
Part B : Minimum Wages
2. Minimum wage levels
3. Annual wage increases
4. Minimum wages for forestry workers under 18 years of age
5. Task-based payment
6. Calculation of wages or remuneration
7. Payment of remuneration
8. Information concerning pay
9. Prohibited acts concerning pay
10. Deductions and other acts concerning remuneration
Part C : Particulars of Employment
11. Written particulars of employment
Part D : Hours of Work
12. Emergency work
13. Ordinary hours of work
14. Extension of ordinary hours of work for forestry workers
15. Overtime
16. Payment of overtime
17. Compressed working week
18. Work on Sundays
19. Night work
20. Stand-by
21. Meal intervals
22. Rest period
23. Public holidays
Part E : Leave
24. Annual leave
25. Sick leave
26. Family responsibility leave
27. Maternity leave
Part F : Prohibition of Child Labour and Forced Labour
28. Prohibition of child labour and forced labour
Part G : Termination of Employment
29. Termination of employment
30. Payment instead of notice
31. Accommodation, livestock and crops on termination
32. Payments on termination
33. Severance pay
34. Certificate of service
35. Keeping of sectoral fetermination
36. Temporary employment services
37. Presumption as to who is a forestry worker
38. What words mean in this determination
Written particulars of employment
Guidelines
Sectoral Determination 13 : Farm Worker Sector, South Africa
Notice No. R. 149 of 2006
Part A : Application
1. Scope of application
Part B : Minimum Wages
2. Minimum wage levels
3. Minimum wages for farm workers under 18 years of age
4. Calculation of wges or remuneration
5. Payment of remuneration
6. Information concerning pay
7. Prohibited acts concerning pay
8. Deductions
Part C : Particulars of Employment
9. Written particulars of employment
Part D : Hours of Work
10. Emergency work
11. Ordinary hours of work
12. Extension of ordinary hours of work for farm workers
13. Overtime
14. Payment of overtime
15. Compressed working week
16. Work on Sundays
17. Night work
18. Meal intervals
19. Rest period
20. Public holidays
Part E : Leave
21. Annual leave
22. Sick leave
23. Family responsibility leave
24. Maternity leave
Part F : Prohibition of Child Labour and Forced Labour
25. Prohibition of child labour and forced labour
Part G : Termination of Employment
26. Termination of employment
27. Payment instead of notice
28. Accommodation, livestock and crops on termination
29. Payments on termination
30. Severance pay
31. Certificate of service
32. Keeping of sectoral determination
33. Temporary employment service
34. Presumption as to who is a farm worker
35. What words mean in this determination
Written Particulars of Employment
Guidelines
Sectoral Determination 14 : Hospitality Sector, South Africa
Notice No. R. 437 of 2007
Part A : Application
1. Scope of application
Part B : Minimum Wages
2. Minimum wage levels
3. Commission work
4. Calculation of wages or remuneration
5. Payment of remuneration
6. Information concerning pay
7. Deductions and other acts concerning remuneration
7A. Payment of contributions to benefit funds
7B. Uniform
Part C : Particulars of Employment
8. Written particulars of employment
Part D : Hours of Work
9. Ordinary hours of work
10. Overtime
11. Payment of overtime
12. Compressed working week
13. Averaging of hours of work
14. Work on Sundays
15. Night work
16. Meal intervals
17. Daily and weekly rest period
18. Public holidays
Part E : Leave
19. Annual leave
20. Sick leave
21. Family responsibility leave
22. Maternity leave
Part F : Prohibition of Child Labour and Forced Labour
23. Prohibition of child labour and forced labour
Part G : Termination of Employment
24. Notice of termination of employment
25. Payment instead of notice
26. Payments on termination
27. Severance pay
28. Certificate of service
29. Keeping of sectoral determination
30. Temporary employment services
31. Cancellation of wage determinations
32. What words mean in this determination
Part C : Particulars of Employment
Purchase
10. Written Particulars Of Employment
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