The Basic Conditions of Employment Act requires that employers give workers certain details of their employment in writing.The Basic Conditions of Employment Act applies to all employers and workers, EXCEPT for the following:

• National Defence Force
• National Intelligence Agency
• South African Secret Service
• Unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

• Workers in senior management
• Sales staff who travel and regulate their own working hours
• Workers scheduled for less than 24 hours in a month
• Workers who earn more than R115 572 per year
• Workers engaged in emergency capacities are excluded from certain provisions concerning working hours

The following is a summary of the Basic Guide to Employment Contracts on the Republic condensed from the South Africa Department of Labour website This summary describes the provisions of the most important sections of the Basic Conditions of Employment Act, 1997, as amended. The Act applies to all employers and workers except those listed above, and regulates leave, working hours, employment contracts, deductions, pay slips, and termination. Some, but not all, basic conditions of employment may be varied by individual or collective agreements in accordance with the provisions of the Act. (see paragraph 7 below).

Regulation of Working Time

Ordinary hours of work :
No employer shall require or permit an employee to work more than

• 45 hours in any week;
• 9 hours in any day if an employee works for five days or less in a week; or
• eight hours in any day if an employee works on more than five days in a week.

Overtime:
An employer may not require or permit an employee

• to work overtime except by an agreement;
• to work more than ten hours' overtime a week.

An agreement may not require or permit an employee to work more than 12 hours on any day.

Daily and weekly rest period:
An employee must have a daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which, unless otherwise agreed, must include Sunday

Public holidays:
Employees must be paid their ordinary pay for any public holiday that falls on a working day. Work on a public holiday is by agreement and paid at double the rate. A public holiday may be exchanged with another day by agreement.

Annual leave:
Employees are entitled to 21 consecutive days' annual leave or by agreement, one day for every 17 days worked or one hour for every 17 hours worked.

Sick leave:
An employee is entitled to six weeks' paid sick leave in a period of 36 months.During the first six months an employee is entitled to one day's paid sick leave for every 26 days worked. An employer may require a medical certificate before paying an employee who is absent for more than two consecutive days or who is frequently absent

Maternity leave:
A pregnant employee is entitled to four consecutive months' maternity leave

Family responsibility leave:
Full time employees are entitled to three days paid family responsibility leave per year, on request, when the employee's child is born or sick, or in the event of the death of the employee's spouse or life partner, or the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling

Notice of termination of employment:A contract of employment may be terminated on notice of not less than

• one week, if the employee has been employed for six months  or less;
• two weeks, if the employee has been employed for more than six months but not more than one year;
• four weeks, if the employee has been employed for one year or more, or if a farm worker or domestic worker has been employed for more than six months.
• A collective agreement may shorten the four weeks notice period to not less than two weeks.

Related Links

• Basic Guide to Annual Leave
  Rules for annual leave as prescribed by the Basic Conditions of Employment Act
• Basic Guide to Deductions
  The Basic Conditions of Employment Act allows for deductions from a worker's pay only under certain conditions.
• Basic Guide to Family Responsibility Leave
  Under the Basic Conditions of Employment Act, workers may take paid leave to attend to certain family situations
• Basic Guide to Maternity Leave
  The Basic Conditions of Employment Act gives pregnant workers the right to take maternity leave
• Basic Guide to Overtime
  The Basic Conditions of Employment regulates overtime working hours and pay for such hours.
• Basic Guide to Pay Slips
  The Basic Conditions of Employment Act stipulates that employers must give workers certain details each time they are paid.
• Basic Guide to Public Holidays
  The Basic Conditions of Employment stipulates the conditions for working on Public Holidays for workers.
• Basic Guide to Sick Leave
  Rules for sick leave as prescribed by the Basic Conditions of Employment Act.
• Basic Guide to Termination
  The Basic Conditions of Employment Act stipulates the procedures for termination of an employment contract.
• Basic Guide to Working Hours
  The Basic Conditions of Employment Act regulates working hours and rest periods for workers.
• Basic Guide to Working on Sundays
  The Basic Conditions of Employment prescribes the wages for working on a Sunday.
• Basic Guide to Collective Agreements
  The Labour Relations Act provides for agreements that alter conditions of employment.
• Basic Guide to Deductions (Domestic Workers)
  Sectoral Determination 7 allows for deductions from a domestic worker's pay only under certain conditions.
• Basic Guide to Pay Slips
  The Basic Conditions of Employment Act stipulates that employers must give workers certain details each time they are paid.
• Basic Guide to UIF Contributions
  Employers must pay Unemployment Insurance Fund (UIF) contributions of 2% of the value of each worker's pay per month. The employer and the worker contribute 1% each.
• Form BCEA4 - Pay Slip
  Employers must give their workers pay slips so they can keep a record of their pay details.

The link below provides detailed information about public holidays celebrated in South Africa. The charts below indicate the specific dates for public holidays for 2008 through 2010The dates on which Good Friday and Easter Sunday fall are determined according to the ecclesiastical moon. It varies each year but fall at some point between late March and late April.  The Public Holidays Act (Act No 36 of 1994 [PDF]) determines whenever any public holiday falls on a Sunday, the Monday following on it shall also be a public holiday.

Public Holidays in South Africa:
http://www.info.gov.za/aboutsa/holidays.htm

2009

2010

Recommended Partners