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

Regulations

BCEA Regulations on Hazardous Work by Children

5. Prohibition of piece-work and task work

 

(1) It is an offence for any person to require or permit a child worker to perform piece work or task work.

 

(2) For the purposes of this regulation,
(a) "piece work" means work in terms of which the remuneration of the child worker is based mainly on the quantity of work done;
(b) "task work" means work in terms of which the remuneration of the child worker is based mainly on the completion of set tasks.

 

(3) This regulation does not prevent the payment of a commission or an incentive payment on the completion of a task to a child worker provided that—
(a) the child is paid the minimum wage prescribed for that work in terms of any sectoral determination or bargaining council agreement;
(b) if no such minimum wage is prescribed, the child, in addition to any commission or incentive payment received, is paid a basic wage, calculated on the basis of time worked, and this wage is more than the commission or incentive payment received and is calculated on a consistent basis.