Your basic employment rights by law

MBOMBELA – The Basic Conditions of Employment Act 75 of 1997(BCEA), contains provisions which must be contained in some form or another, in all contracts of employment.

The provisions contained in the BCEA allows for some flexibility by employers, but only to the extent where another law provides for more beneficial terms. It applies to all employees, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service.

ALSO READ: Police are looking for a man who allegedly killed and buried a woman

The number one provision is that as long as an employee offers his or her services to an employer, he or she is entitled to be paid the remuneration as agreed upon in the contract.

An employee must be paid within seven days after the end of the period for which it was due, and all deductions from an employee’s salary are prohibited, unless agreed upon, or if the deduction is allowed by law, for example UIF and tax deductions.

ALSO READ: Four appear in court on fraud and theft charges

Here are some of the basic privileges an employee is entitled to, in terms of the BCEA:

• With regards to normal working hours: No employer may require an employee to work more than 45 hours a week. All work that exceeds this amount is overtime, which can only be worked with the employee’s consent, which must be given annually.
• Overtime: It may not exceed 10 hours in any week. An employee must be granted 30 minutes off for each hour of overtime worked at normal rates. Time off instead of pay must be taken within one month of the time worked. Contractual agreed overtime with an employer may not exceed those prescribed in the BCEA.
• Meal breaks: Employees are allowed one continuous hour after five hours of work. It may be reduced to 30 minutes if the employee works less than six hours in a day.

ALSO READ: Neon church to host Women of Grace Conference

• Rest breaks: Every employee is entitled to a weekly rest period of at least 36 uninterrupted hours, which must include a Sunday, unless there is an agreement to the contrary.
• Annual leave: Employees are entitled to 21 continuous days’ leave, per annual leave cycle of 12 months. Leave may be calculated by agreement to one day’s leave for every 17 days worked, or one hour’s leave for every 17 hours worked. If an employee takes occasional leave, it may be decreased proportionately. On termination of employment, an employee is entitled to be paid for any due leave, calculated at one day’s wage for every 17 days worked.

ALSO READ: Upper Elawini boasts fastest-growing estate and new Curro

• Sick leave: Calculated at one day’s paid sick leave for every 26 days worked during the first four months, thereafter it is determined by the days normally worked in six weeks, during each 36-month cycle. Employees are entitled to paid sick leave if they are absent for more than two days, if they produce a medical certificate. No medical certificate is required for an isolated day’s sick leave.
• Maternity leave: It allows for four continuous months’ unpaid leave, which may start from any day, from four weeks before the expected date of birth. No employee may work for six weeks after the birth unless certified as safe to do so by a medical practitioner.

The Department of Labour (DoL) is tasked with the enforcement of the BCEA. It employs inspectors who are required to investigate complaints against employers.

Should an employer fail to adhere to a compliance order issued by an inspector, the DoL may ask the labour court to make the order an order of court. An employer may be jailed or fined, if found to be in contempt of the order made.

For further information, you can submit your enquiries to the CCMA Nelspruit regional office, at 25 Samora Machel Drive, Sanlam Centre Building, Seventh Floor, Mbombela, with contact number: 013-752-2155.