GOVERNMENT GAZETTE STAATSKOERANT - South African …

1 republic ------- ..,, ,-----., ..,., .,,,- ..OF South AFRICA / - GOVERNMENT GAZETTESTAATSKOERANTVAN DIE REPUBLIEK VAN SUID-AFRIKAR egistered at the Post Ojfice m a h e~vspaperAs n Nuusb[mi by die po.~kmttoot Gert , TOWN, 5 DECEMBER 1997 KAAPSTAD. 5 1997No. 18491 IOFFICE OF THE PRESIDENTKANTOOR VAN DIE PRESIDENTNO. December 1997No. Desember 1997[t is hereby notified that the President has assentedHierby wordbekend gemaak dat die President syto the following Act which is hereby published for generalgoedkeunng geheg het aan die onderstaande Wet w~t hierbyinformation: ter algemene inligting gepubliseer word: No. 75 of 1997: Bfisic conditions of employment Act.]]

2 75 van 1997: Wet op Basiese Diensvoorwaardes. 18491 GOVERNMENT GAZETTE , 5 DECEMBER 1997 Act No. conditions OF employment ACT, 1997 ACTTo give effect to the right to fair labour practices referred to in section 23(1) of theConstitution by establishing and making provision for the regulation of basicconditions of employment ; and thereby to comply with the obligations of theRepublic as a member state of the International Labow Organisation; and toprovide for matters connected therewith.(English text si,gned b> the President. )(Assented to 26 No~ ember 1997. )BE IT ENACTED by the Parliament of the republic of South Africa asfollows: 1. , , ~13, OF CONTENTSCHAPTER ONED efinitions, purpose and application of this ActDefinitionsPurpose of this ActApplication of this ActInclusion of provisions in contracts of employmentThis Act not affected by agreementsCHAPTER TWOR egulation of working timeApplication of this ChapterRegulation of working timeInterpretation of dayOrdinary hours of workOvertimeCompressed working weekAveraging of hours of workDetermination of hours of work by MinisterMeal intervalsDaily and weekly rest periodPay for work on SundaysNight workPublic holidaysCHAPTER THREEL eaveApplication of this ChapterAnnual leavePay for annual leaveSick leave51015202530 -tNo.

3 18491 GOVERNMENT GAZETTE . 5 DECEMBER 1997 Act No. conditions OF employment ACT. 199723, , , ,47, ~, of incapacityApplication to occupational accidents or diseasesMaternity leaveProtection of employees before and after binh of a childFamily responsibility leaveCHAPTER FOURPa& cuhzrs of employment and remunerationApplication of this ChapterWritten particulars of employmentInforming employees of their rightsKeeping of recordsPayment of remunerationInformation about remunerationDeductions and other acts concerning remunerationCalculation of remuneration and wagesCHAPTER FIVET ermination of employmentApplication of this ChapterNotice of termination of employmentPayment instead of noticeEmployees in accommodation provided by employersPayments on terminationSeverance payCertificate of

4 ServiceCHAPTER SIXP rohibition of employment of children and forced labourProhibition of employment of childrenEmployment of children of 15 years or olderMedical examinationsProhibitionsEvidence of ageProhibition of forced labourCHAPTER SEVENV ariation of basic conditions of employmentVariation by agreementVariation by MinisterCHAPTER EIGHTS ectoral determinationsSectoral determinationInvestigationConduct of investigationPreparation of reportMaking of sectoral determinationPeriod of operation of sectoral determinationLegal effect of sectoral determinationEmployer to keep a copy of sectoral determinationCHAPTER NINEE mployment conditions CommisswnEstablishment and functions of employment conditions CommissionCom~osition of Commission10153035404550r6No.

5 18491 GOVERNMENT GAZETTE , 5 DECEMBER 1997 Act No. 75, 1997 basic conditions of employment act . 199761. Public hearings62. Report by CommissionCHAPTER TENM onitoring, enforcement and legal proceedings63. Appointment of labour inspectors64. Functions of labour inspectors65. Powers of entry66. Powers to question and inspect67. Co-operation with labour inspectors68. Securing an undertaking69. Compliance order70. Limitations71. Objections to compliance order72. Appeals from order of Director-General73. Order may be made order of Labour Court74. Consolidation of proceedings75, Payment of interest76. Proof of compliance77. Jurisdiction of Labour Court78.

6 Rights of employees79. Protection of rights80. Procedure for disputes81. Burden of ELEVENG eneralTemporary employment servicesDeeming of persons as employeesDuration of employmentDelegationRegulationsCodes of Good PracticeMinister s power to add and change footnotesRepresentation of employees or employersConfidentialityAnswers not to be used in criminal prosecutionsObstruction. undue influence and fraudPenaltiesThis Act binds the StateTransitional arrangements and amendment and repeal of lawsShort title and commencement5101525303540 SCHEDULESS chedule One: Procedures for progressive reduction of maximum working hoursSchedule Two: Maximum permissible fees that may be imposed for failure to complywith this ActSchedule Three: Transitional provisions45 Schedule Four: Laws repealed by section 95(5)CHAPTER ONED efinitions, purpose and application of this ActDefinitions1.

7 In this Act, unless the context indicates otherwise agreement includes a collective agreement; area includes any number of areas, whether or not contiguous;50xNo. 18491 GOVERNMENT GAZETTE , 5 DECEMBER ] 997 Act No. 75, 1997 basic conditions of employment act , 1997 bargaining council means a bargaining council registered in terms of the LabourRelations Act. 1995, and, in relation to the public service, includes the bwgainingcouncils referred to in section 35 of that Act; basic condition of employment means a provision of this Act or sectoraldetermination that stipulates a minimum term or condition of employment ;5 CCMA means the Commission for Conciliation. Mediation and Arbitrationestablished in terms of section 112 of the Labour Relations Act, 1995; child means a person who is under 18 years of age; code of good practice means a code of good practice issued by the Minister interms of section 87 of this Act;10 collective agreement means a written agreement concerning terms andconditions of employment or any other matter of mutual interest concluded by oneor more registered trade unions, on the one hand and.

8 On the other hand (a) one or more employers;(b) one or more registered employers organisations; or15(c) one or more employers and one or more registered employers organisation: Commission means the employment conditions Commission established bysection 59(1 ); compliance order means a compliance order issued by a Iabour inspector interms of section 69(1);Z() Constitution means the Constitution of the republic of South Africa. 1996 (ActNo. 108 of 1996); council includes a bargaining council and a statutory council; Department means the Department of Labour: Director-General means the Director-General of Labour:25 dispute includes an alleged dispute; domestic worker means an employee who performs domestic work in the homeof his or her employer and includes (a) a gardener:(b) a person employed by a household as driver of a motor vehicle: and30(c) a person who takes care of children, the aged, the sick.

9 The frail or the does not include a farm worker; employee means (a) any person, excluding an independent contractor, who works for anotherperson or for the State and who receives, or is entitled to receive. an~ 35remuneration; and(b) any other person who in any manner assists in carrying on or conducting thebusiness of an employed and employment have a corresponding meaning; 1 employers organisation means any number of employers associated together for 40the purpose. whether by itself or with other purposes, of regulating relationsbetween employers and employees or trade unions; employment law includes this Act. any other Act the administration of which hasbeen assigned to the Minister, and any of the following Acts:(a) The Unemployment Insurance Act, 1966 (Act No.)

10 30 of 1966);45(b) the Manpower Training Act, 1981 (Act No. 56 of 1981 );(c) the Guidance and Placement Act, 1981 (Act No. 62 of 1981);(d) the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);(e) the Compensation for Occupational Injuries and Diseases Act, 1993 (Act of 1993);50 farm worker means an employee who is employed mainly in or in connectionwith farming activities, and includes an employee who wholly or mainly performsdomestic work in a home on a farm; Labour Appeal Court means the Labour Appeal COUfi established by section 167of the Labour Relations Act. 1995;55 Labour Court means the Labour Court established by section 15 I of the LabourRelations Act, 1995:1, Employee is given a specific meaning in sec[ion 8X1).]