INTRODUCTION
The Basic Conditions of Employment Act 75 of 1997 (BCEA) aims to give
effect to the constitutional provision of fair labour practices. It does this
by:
• Establishing minimum conditions of employment that serves to
protect all employees;
• Regulates variation of minimum conditions by various labour
mechanisms;
• Ensures decent work standards in accordance with international
standards; and
• prohibits exploitative terms and conditions of employment.
APPLICATION
Like the LRA, the BCEA applies to both the public and private sectors
and it covers all employees, except:
• Members of the National Defence force, the National Intelligence
Agency, the South African National
• Academy of Intelligence, the South African Secret Service and the
directors and staff of Comsec.
• Also excluded from the Act are unpaid volunteers working for an
organisation serving a charitable purpose.
• These employees are totally excluded from the BCEA.
MINIMUMCONDITIONSOF EMPLOYMENT
MINIMUMCONDITIONSOF EMPLOYMENT
MINIMUMCONDITIONSOF EMPLOYMENT
MINIMUMCONDITIONSOF EMPLOYMENT
MINIMUMCONDITIONSOF EMPLOYMENT
TERMINATIONOF EMPLOYMENTIN TERMSOFTHEACT
An employment contract that is for an unspecific period may be
terminated either by the employer or employee by such party giving
notice of his/her intention to terminate the contract.
VARIATIONOF CONDITIONSINEMPLOYMENT
VARIATIONOF CONDITIONSINEMPLOYMENT
Variation by agreement: Variation by the Minister:
A collective agreement, see Section The Minister may, if it is consistent with the
49,concluded in a bargaining council may alter, purpose of this Act, make a determination
replace or exclude any basic condition of to replace or exclude any basic condition of
employment if the collective agreement is employment provided for in this Act in
consistent with the purpose of this Act and the respect of:
collective agreement does not:
• any category of employees or category
• reduce the protection afforded to of employers; or
employees by law and any regulation • any employer or employee in respect of
made; whom an application is made by:
• reduce the protection afforded to i. the employer;
employees who perform night work; ii. the registered employers' organisation;
• reduce an employee's annual leave to less iii. the employer and any registered
than two weeks; employers' organisation.
• reduce an employee's entitlement to
maternity leave;
• reduce an employee's entitlement to sick
leave;
• conflict with the provisions of chapter 6.
