STAATSKOERANT, 13 NOVEMBER 1998 No

STAATSKOERANT, 13 NOVEMBER 1998 No.19453 3

GOVERNMENT NOTICES

No. R. 1438 13 November 1998

REGULATIONS

Promulgated in terms of the Basic Conditions of Employment Act, No. 75 of 1997, under Government Notice No. R 1438 of 1998 in Government Gazette No. 19453 of 13 November 1998.

The Minister of Labour has, under section 86(l) of-the Basic Conditions of Employment Act (Act No. 75 of 1997), and after consulting the Employment Conditions Commission, made the Regulations set out in the Schedule.

CONTENTS OF REGULATIONS

A. INDEX OF GENERAL ADMINISTRATIVE REGULATIONS

Page

Definitions

Informing employees of their rights

Keeping of Records

Record of Employee's Wages

Written Particulars of Employment

Certificate of Service

Ministerial Determination

Subpoenas

Securing an Undertaking

Compliance Order

Objections to Compliance Order

Proof of Service

B. INDEX OF FORMS ANNEXED TO REGULATIONS

BCEA 1 Summary to be kept by an employer in terms of section 30 Section 30

BCEA 2 Wages register Section 31

BCEA 3 Attendance register

BCEA 4 Payslip Section 33

BCEA 5 Certificate of Service Section 42

BCEA 6 Application for Ministerial Determination Section 50(l)(b)

BCEA 7 Determination in terms of Section 50 Section 50(8)(c)

BCEA 8 Subpoena Section 66(l)

BCEA 9 Undertaking Section 68

BCEA 10 Receipt Section 68(2)(d)

BCEA 1 1 Receipt Section 66(3)(b)

BCEA 12 Compliance order Section 69

BCEA 13 Notice of objection Section 71

GENERAL REGULATIONS

SCHEDULE

1. Definitions

(1) In these regulations any expression that is defined in the Act has that meaning unless the context indicates otherwise -

"the Act" means the Basic Conditions of Employment Act (Act no. 75 of 1997).

"Labour Relations Act" means the Labour Relations Act (Act 66 of 1995).

"form" means a document attached to these regulations.

Whenever the expression "Department of Labour" or "Provincial Director" appears in the Act or in these regulations, it means -

(a) in the province of KwaZulu/Natal, the Provincial Director, Department of Labour, P 0 Box 940, Durban, 4000;

(b) in the province of Northern Cape, the Provincial Director, Department of Labour, Private Bag X5012, Kimberley, 8300;

(d) in the province of North-West, the Provincial Director, Department of Labour, Private Bag X2040. Mmabatho, 8681:

(e) in the province of Eastern Cape, the Provincial Director, Department of Labour, Private Bag X9005. East London. 5200;

(f) in the province of Mpumalanga, the Provincial Director, Department of Labour. Private Bag X7'-@6' ), Witbank. 1 0'3 5;

(g) in the province of the Free State, the Provincial Director, Department of Labour, P 0 Box 522. Bloemfontein. 9300:

(h) in the province of Gauteng:

Gauteng-South: - in the Magisterial Districts of Alberton, Boksburg, Brakpan, Germiston. Heidelberg, Johannesburg, Kempton Park, Oberholzer, Randburg, Roodepoort, Vanderbijlpark, Vereeniging and Westonaria, The Provincial Director, Department of Labour, P 0 Box 4560, Johannesburg, 2000; Gauteng North: - in the Magisterial Districts of Benoni, Bronkhorstspruit, Cullinan, Krugersdorp, Nigel, Pretoria, Randfontein, Soshanguve 1, Soshanguve 2, Springs and Wonderboom, the Provincial Director, Department of Labour, P 0 Box 393, Pretoria, 0001; and

(i) in the Province of the Western Cape, the Provincial Director, Department of Labour, P 0 Box 872, Cape Town, 8000.

2. Informing employees of their rights

An employer must keep the statement of employees rights referred to in section 30 of this Act in the form of BCEA I in all official languages.

Form BCEA IA English

Form BCEA 1B Afrikaans

Form BCEA IC Sepedi

Form BCEA ID Sesotho

Form BCEA 1E Setswana

Form BCEA IF siswati

Form BCEA I G Tshivenda

Form BCEA 1H Xitsonga

Form BCEA 11 isindebele

Form BCEA IJ isixhosa

Form BCEA I K isizulu

3. Keeping of Records

(1) The record that an employer is required to keep in terms of section 31 must comprise

(a) a wages register in the form of BCEA 2 or some other record that contains the information set out in that form; and

(b) an attendance register in the form of BCEA 3 or some other record that contains the information set out in that form.

4. Record of employee's wages

The information about remuneration that an employer is required to give an employee in terms of section 33 of the Act must be given in the form of BCEA 4, or contain the information required by that form.

5. Written particulars of employment

Within six months of the date on which the Act comes into effect, an employer must give an employee who was in employment on that date the written particulars of employment required by Section 29.

6. Certificate of service

The certificate of service that an employer is required to give an employee in terms of section 42 must be given in the form of BCEA 5, or contain the information required by that form.

7. Ministerial determination

An application for a Ministerial determination in terms of Section 50(l)(b) of the Act must be in the form of BCEA 6, or contain the information required by that form. A Ministerial determination must be issued in the form of BCEA 7, or contain the information required by that form.

8. Subpoenas

(1) For the purpose of performing the functions referred to in section 66 of the Act, a labour inspector may-

(a) subpoena for questioning any person who may be able to give information or whose presence may help the inspector in performing the inspector's. functions;

(b) subpoena any person who is believed to have possession or control of any book, document or object relevant to an inspection or investigation to appear before the inspector to be questioned or to produce that book, document or object;

(c) call, and if necessary subpoena, any expert to appear before the inspector to give evidence relevant to an inspection or investigation;

(d) call any person present at an inspection or investigation who was or could have been subpoenaed for any purpose set out in these regulations, to be questioned about any matter relevant to an inspection or investigation;

(e) administer an oath or accept an affirmation from any person called to give evidence or be questioned;

(f) examine, demand the production of, and seize any book, document or object that is on or in those premises an that is relevant to an inspection or investigation;

(g) take a statement in respect of any matter relevant to an inspection of investigation from any person on the premises who is willing to make a statement; and

(h) inspect, and retain for a reasonable period, any of the books, documents, or objects that have been produced to, or seized by, the inspector.

(2) A subpoena issued in terms of sub-regulation (1) must be made in the form of BCEA 8.

(3) A subpoena issued for any purpose in terms of sub-regulation (1) must be signed by the Director General or a person authorised by the Director-General and must -

(a) specifically require the person named in it to appear before the inspector;

(b) sufficiently identify the book. document or object to be produced; and

9. Securing an undertaking

(1) Any undertaking secured by a labour inspector in terms of Section 68(2) of the Act must be in the form of BCEA 9 or contain the information required by that form.

(2) A receipt for any payment in terms of Section 68(2)(d) of the Act must be in the form of BCEA 10 or contain the information required by that form.

(3) A receipt for any record, document, article, substance or machinery removed in terms of Section 66 (3)(b) of the Act must be in the form of BCEA 11I or contain the information required by that form.

10. Compliance order

A compliance order issued by a labour inspector in terms of Section 69 of the Act must be in the form of BCEA 12 or contain the information set out in that form.

11. Objections to compliance order

(1) An objection lodged by an employer in terms of Section 71 of the Act must be in the form of BCEA 13 or contain the information set out in that form.

(2) The objection must be lodged at any office of the Department of Labour listed in regulation 1(2).

12. Proof of service

Whenever a party is required to satisfy any person that a copy of a referral, objection or other document has been served on another party, that party may do so by providing -

(a) a copy of the proof of mailing the referral, objection or other document by registered post to the other party;

(b) a copy of the telegram, telex or telefax including proof of transmission, communicating the referral, objection or other document to the other party;

(c) a copy of a receipt signed by the other party or on that party's behalf if the copy of the referral, objection or other document was delivered by hand; or

(d) a statement confirming service signed by the person who delivered a copy of the referral objection or other party.