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Name: Basic Conditions of Employment Act, 1997 [No. 75 of 1997].
Country: South Africa
Subject(s): Conditions of employment
Type of legislation: Law, Act
Adopted on: 1997-11-26
Entry into force:
Published on: Government Gazette, 1997-12-05, Vol. 390, No. 18491, 79 p.
ISN: ZAF-1997-L-49064
Bibliography: Government Gazette, 1997-12-05, Vol. 390, No. 18491, 79 p.
Legislation on-line Legislation on-line South African Government Information, South Africa PDF PDF (consulted on 2012-03-30)
Legislation on-line Legislation on-line Department of Labour, South Africa PDF of Act as amended to 2002 amendment PDF of Act as amended to 2002 amendment (consulted on 2014-10-15)
Abstract/Citation: The purpose of the Act is to give effect to Art. 23(1) of the Constitution, which provides for fair labour practices, as well as obligations incurred by South Africa as a Member State of the ILO. Chapter 2 covers working time, overtime, meal intervals, work on Sunday, night work, and public holidays. Section 11 provides for compressed working weeks, in which a written agreement allows employees to work up to 12 hours a day without receiving overtime pay. Chapter 3 covers leave, including sick leave and parental leave. Ss. 25-26 provide for maternity leave: female workers are guaranteed at least 4 months' leave and protection from performing hazardous work during and for six months after a pregnancy. Chapter 4 deals with labour contracts and payment of remuneration. Chapter 5 covers termination of employment, severance pay, and arrangements to compensate for entitlement to time off. Chapter 6 prohibits the employment of children under 15 years of age and the use of forced labour. Chapter 7 allows for variations of basic conditions of employment under collective agreements or through determinations by the Minister of Labour, provided such conditions do not fall below specified standards. Chapter 8 allows the Minister to make similar variations within industrial sectors. Chapter 9 establishes an Employment Conditions Commission to provide advice on employment conditions and sectoral agreements. Monitoring and enforcement procedures are set forth in Chapter 10, including the appointment of labour inspectors. Part C of this chapter provides for protection for employees who make a complaint or refuse to perform duties in contravention of the Act. Chapter 11 covers general matters.
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