The first draft of the Act stipulated in 1997 was revised in 2002. It was amended and became known as the Basic Conditions of Employment Amendment Act No 11 of 2002. It was amended again in 2013 and came into effect in September of 2014 as the Basic Conditions of Employment Amendment Act, 2013.
What do the amendments entail?
The Act is there to ensure fair labour practices as stipulated by the South African Constitution.
The amendment was undertaken to:
- rectify definitions to protect employees from having to make payments to ensure employment;
- prohibit any child under the age of fifteen from being employed;
- ensure the Minister publishes a sectoral determination covering employees and employers who are not covered by another sectoral determination and;
- make other provisions.
Is anyone excluded from the Act?
Employers and employees working in the National Defence Force, National Intelligence Agency, South African Secret Service or charities are omitted from the Act.
The working hours stipulated in the Act do not apply to senior management, travelling sales staff, people who work less than twenty-four hours per week, people who earn more than R205 000 per year and those working in emergency services. People in these professions are also excluded from certain provisions.
As an employer, how do I know if I am adhering to the Act and its amendments?
The Basic Conditions of Employment Amendment Act of 2013 is easy enough to follow knowingly;one of the main concerns is child labour but it does get more complex. There may be many terms and conditions you misinterpret or think are not applicable to your employees. Your best option is to find out from the experts.
If you employ professionals to ensure that you have complied with all the laws in the Constitution then you can be completely at ease. Complying with rules you don’t even know exist can make matters very complicated – very quickly!
Trust SERR Synergy to ensure that you comply with the Basic Conditions of Employment Act as well as the Broad-Based Black Economic Empowerment Act. If you are B-BBEE compliant it is likely that you are complying largely with what is stipulated in the Basic Conditions of Employment Act. SERR business legal compliance experts help grow businesses so they can enrich the South African economy.
