The legal obligations that businesses need to meet in order to be compliant with the Acts put forward by the government are extensive and can be hard to keep track of. In South Africa non-compliance can have serious consequences, unless you enlist the help of professionals to make sure you meet the standards expected to be considered good practice. Here are some of the terms that the Basic Conditions of Employment Act (BCEA) stipulates which we can help you comply with:

Basic Conditions of Employment Act (BCEA)

This Act serves to provide employees with fair labour practices and regulate the implementation thereof to protect the best interests of employees and employers; terms are non-negotiable.

An employee is defined by the Act as anyone who works for another person or assists in the conducting of business and is entitled to remuneration for it.

This Act prohibits:

  • Payment to the employer by employee in relation to the condition of their employment or potential employment.
    • Labour or work done by children under the age of fifteen or dangerous work under legal age. Violation of the law can result in a six year prison sentence.

This Act sets definitions and standards for:

  • Regulation of time
    • Interpretation of a work day and work hours
    •             Overtime
    •             Meal intervals
    •             Rest periods
    •             Annual leave
    •             Sick leave
    •             Maternity leave
    •             Protection of employees before and after childbirth
    •             Family responsibility leave
    •             Occupational accidents or diseases
    •             Written particulars of employment
    •             Informing employees of their rights
    •             Termination

By setting the rules to be followed in order to provide fair labour practices to employees and for employers to meet business legislation compliance the BCEA protects both parties from illegal or discriminatory practices.

Assistance with Compliance Orders

The BCEA is the most basic of the Acts to protect and enforced fair labour practice, but there are multiple business legislation compliance terms that businesses must meet before they can be considered as compliant and working under the terms of Good Practice. Should you fear you may be unknowingly overlooking terms for business compliance in South Africa, consult the experts and they will do it for you.


By lexutor