Unit 3.3: Substantive Act

Question 1

What is the basic conditions of employment act (BCEA) part of which body?

Answer 1

The body of Statutes (Acts passed by Parliament) which regulate the labour relationships

Question 2

State the purpose of the basic conditions of employment act

Answer 2

The purpose of the Act is to ensure that all employees enjoy certain minimum conditions
of employment. This is why a contract may not contain conditions which are less favourable
than those contained in the BCE Act, and why a Bargaining Council Agreement may vary
only specific provisions of the Act.

Question 3

Which employees are not covered by the BCEA?

Answer 3

Are those employed by:
The National
Intelligence Agency
- The South African Secret Service
- The South African National Academy
of Intelligence and the director
- Staff of Communications Security (COMSEC) - Persons employed at sea will not be
covered by the BCE if their conditions of service are regulated by the Merchant Shipping
Act.
- People who work for less than 24 hours a month are regarded as casual employees, and
are excluded from nearly all the provisions of the Act.
- Senior management and employees
earning more than R205 433.50 per annum are excluded from certain provisions relating to
hours of work.

Question 4

What employment conditions does the BCEA deal with?

Answer 4

■ Hours of work
■ Leave, including sick leave, compassionate leave, maternity and paternity leave
■ Terminations and notice periods.

Question 5

What administrative aspects does the BCEA regulate?

Answer 5

It also regulates administrative aspects such as the employment contract, payment and
remuneration, including allowable deductions, and places a prohibition on the employment
of child labour.

Question 6

What is the purpose of the National minimum wage act?

Answer 6

• The purpose of this new Act is to make provision for a national minimum wage and the
  establishment of a National Minimum Wage Commission to set minimum wage levels on
  an annual basis as from May 2018.
• The Minimum wage set for that period is R20 per
  hour or R3 500 per month, but exceptions are made in the case of farmworkers (R18 per
  hour), domestic employees (R15 per hour) and persons employed on expanded public works
  programmes (R11 per hour).

Question 7

What is the Occupational Health and Safety Act

Answer 7

• The Occupational Health and Safety Act and the regulations established in terms of the Act
  impose stringent health and safety conditions at the workplace.
• Employers who are found by inspectors to have been negligent face heavy fines or prison sentences. This conforms
  to the common law principle that it is the employer’s duty to provide healthy and safe
  working conditions.
  The Act attempts to ensure that all premises on which work is conducted are as safe as possible, it is difficult to provide by law for all eventualities.
• Health and safety campaigns have been undertaken by many unions. In the textile industry the high incidence of ‘brown lung’ disease among employees was publicised by unions and serious health issues repeatedly arise in the mining industry where safety has become a primary issue.

Question 8

Explain the Compensation for Occupational Injuries and Diseases Act

Answer 8

• The Compensation for Occupational Injuries and Diseases Act allows for compensation to
  be paid to an employee who, as a result of his activities in the work situation, is partially or
  totally disabled or contracts an occupational disease.
• In the event that the employee dies as
  a result of the accident, injury or disease, the compensation will be paid to his dependants.
  The Act covers all employees, including casual and seasonal workers, and directors who
  have a contract of employment.

Question 14

What is the Unemployment Insurance Act and the Unemployment Insurance Contributions Act?

Answer 14

• These Acts provide for contributions by employers and employees to the Unemployment
  Insurance Fund and for payment of unemployment benefits to persons who become
  unemployed, who are ill for lengthy periods or, who give birth to, or adopt, a child.
• The Fund also provides for payments to dependants of deceased employees.
• The Acts cover all employees except persons employed for fewer than 24 hours per month,
  certain individuals employed in national and provincial government, persons engaged in
  learnerships, expatriates who will be returning to their own countries and persons already
  receiving a pension.
• Although all employees contribute to the fund, compensation is capped
  at the earnings threshold of R205 433.30 per annum.

Question 15

What is the bargaining councils powers?

Answer 15

• Once registered, bargaining councils have extensive powers, including the right to
  conclude and enforce agreements, to prevent and settle labour disputes in their area of
  jurisdiction and to establish pension and other funds. In addition, bargaining councils may
  apply to the Minister to have their agreements extended to non-parties in the industry,
  sector or area.
• Before granting such permission, the Minister must satisfy himself that the
  parties are sufficiently representative in the registered scope of the council.