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Basic Conditions of Employment Act

Statutes
• Basic Conditions of Employment Act 75 of 1997 (GG No. 18491 Vol 390)
html format
PDF format
Basic Conditions of Employment Act 11 of 2002 
New Basic Conditions with amended provisions inserted into original Act [under construction]
Amendment Act 20 of 2013 (effective 1 September 2014) Important
 

Amendments
President's MInute 29 August 2014 37955_gon654.pdf

Amendment Act - Summary 37955_gon655.pdf Important

Commencement of BCEA Amendments 37955_proc60.pdf

Basic Conditions of Employment Act 2002 
195 Amendment of the Schedule three: Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) 25 February 2000 

Bills
• Basic Conditions of Employment Act: Investigation of conditions of employment for workers employed in protected work places (Gazette 25124, Regulation Gazette 7697), 23 June 2003 - comments by 23 September 2003

Basic Conditions of Employment Regulations Act 75 of 1997
Regulation 936 of 25 July 2002: Amendment to Index of Forms annexed to Regulations [Amends R.319 and R. 1438]
319 Amended Regulations in terms of Basic Conditions of Employment Act 22 March 2002 [Amends BCEA Forms 6 and 14A, address details for DOL]
1438 Regulations Promulgated in terms of the Basic Conditions of Employment Act, No. 75 of 1997 13 November 1998
Promulgation of Administrative Regulations 13 November 1998
Summary to be kept by Employer in terms of s 30
CALCULATION OF EMPLOYEE’S REMUNERATION IN TERMS OF SECTION 35(5) OF THE BASIC CONDITIONS OF EMPLOYMENT ACT, 1997 (ACT 75 OF 1997)

Earnings Threshold
Determination of Earnings Threshold 13 November 1998 [see latest amendment]
Determination of Earnings Threshold 14 March 2003
Determination of Earnings Threshold 1 February 2008

Proclamations
Commencement Notice of the Basic Conditions of Employment Act [1998]

Public Service Regulations
838 Amendment of Public Service Regulations 2001: Public Service Act (Proclamation No. 103 of 1994)


Sectoral Determinations

Sectoral Determination for the Hospitality Sector

Small Business

Welfare Sector

  • 203 Ministerial Determination :Welfare Sector: Basic Conditions of Employment Act, 1997 2 March 2001

Contract Cleaning No. 1

To download a file, right-click on the link and select "Save Target As...".

Amendment - Contract Cleaning Sector November 2004.pdf
  File Size: 167 KB
Amendment - Contract Cleaning Sectoral Determination 16 November 2001.doc
  File Size: 52 KB
Amendment - Contract Cleaning Sectoral Determination 27 August 2002.doc
  File Size: 26 KB
Sectoral Determination 1 - Contract Cleaning Sector.doc

Civil Engineering No. 2

  • 204 Sectoral Determination 2: Civil Engineering Sector, South Africa: Basic Conditions of Employment Act, 1997 (No. 75 OF 1997) 2 March 2002
To download a file, right-click on the link and select "Save Target As...".

Amendment - Civil Engineering Sector 18 February 2004.pdf
  File Size: 703 KB
Sectoral Determination 2 - Civil Engineering Sector.doc
  File Size: 40 KB

Private Security Sector No. 3

Amended Sectoral Determination 6 - Private Security Sector.doc
  File Size: 654 KB
Sectoral Determination 6 - Private Security - Amendment - 1 October 2004.pdf
  File Size: 163 KB
Sectoral Determination 6 - Private Security - Amendment - 13 June 2003.pdf
  File Size: 503 KB
Sectoral Determination 6 - Private Security - Amendment - 25 October 2002.pdf
  File Size: 1 MB
Sectoral Determination 6 - Private Security - Amendment 9 September 2005.pdf
  File Size: 2 MB
Sectoral Determination 6 - Private Security Sector.doc

Domestic Workers Sector No. 7

Learnerships No. 5

Sectoral Determination No 5- Learnerships

Sectoral Determination No. 8: Farm Worker Sector

Sectoral Determination No. 9: Sectoral Determination Nine: Wholesale and Retail Sector 

Sectoral determination 10: Children in the performance of advertising, artistic and cultural activities, South Africa

Sectoral Determination 11: Taxi Sector


Forms
• BCEA 1A - 2002 Summary to be kept by Employer in terms of s 30
BCEA 2 - Wages Register
BCEA 3 - Attendance Register
BCEA 4 - Payslip - Record of Information about Remuneration
BCEA 5 - Certificate of Service - Proof of Employment with an Employer
BCEA 6 - Application for Ministerial Determination
BCEA 7 - Determination to Replace / Exclude Basic Condition of Employment
BCEA 8 - Subpoena to make Information Available to DG or Representative
BCEA 9 - Undertaking by Employer to Comply with a Provision of the Act
BCEA 10 - Receipt for Monies Received
BCEA 11 - Receipt of Records Received from Employer
BCEA 12 - Compliance Order to Enforce Compliance with a Provision of the Act
BCEA 13 - Notice of Objection against a Compliance Order
BCEA 14 A - Certificate of Appointment in terms of Section 63


Codes of Good Practice
Procedures for the progressive reduction of maximum working hours
1400 Code of Good Practice on the Arrangement of Working Time 13 November
1441 Code of Good Practice on the Protection of Employees During Pregnancy and after the Birth of a Child 13 November
Code of Good Practice on AIDS / HIV - December 2000


Employment Conditions Commission
205 Employment Conditions Commission Investigation: Hospitality Sector, Republic Of South Africa 19 February

Labour Portfolio Committee
Labour Portfolio Committee - Commentary Small Business Determination
The meeting of the NOOP Labour and Public Enterprise
IMPLICATIONS OF 'AIDS NOTIFICATION' - AIDS LAW PROJECT
HEALTH PORTFOLIO COMMITTEE - Aids Notification Briefing
LABOUR PORTFOLIO COMMITTEE - Farmworkers
Labour Portfolio Committee - Jobs Summit Briefing
Labour Portfolio Committee - Jobs Summit
AIDS Notification - Law Commission Recommendations

Bills, White Papers & Discussion Documents
Basic Conditions of Employment Draft Bill
Basic Conditions of Employment Bill, 17 September 1997
Basic Conditions of Employment Bill, No.98
Portfolio Committee Amendments to Basic Conditions of Employment Bill, No.98a
Basic Conditions of Employment Bill, No.98b
Draft changes to BCEA, LRA & Insolvency Act 2000 
Basic Conditions of Employment Bill 2000
Basic Conditions of Employment Bill, 2001
Labour Portfolio Amendments
Basic Conditions of Employment Bill, 2001 with Portfolio Amendments 
Proposed Calculation of Remuneration Regulation No. 706 of 2002

Related Links
Unwembi's Resource of South African Government Information
Department of Labour
National Economic Development and Labour Council
www.pmg.org Parliamentary Monitoring Group
Unemployment Insurance Fund

Old Provisions - Archives
BCEA 1 - Summary to be kept by employer ito section 30 - Regulation 3 [1997]
Basic Conditions of Employment Regulation 4 [1983]

BCEA Help File
Workinfo.com guide for employees to the BCEA (© Workinfo.com)

 

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