Introduction to The Basic Conditions of Employment Act

The conclusion of a contract of service creates reciprocal rights and obligations between employer and employee.  Under the common law, the parties were free to agree to whatever terms and conditions of employment they wished, within the limits only of the law, good morals and reasonableness.  Over the years, however, the legislature has increasingly limited the contractual freedom of the parties by legislation that prescribed minimum conditions with which employer and employees must comply …………  The statute that sets basic conditions for all employees is the Basic Conditions of Employment Act 75 of 1997 ..

Workplace Law: John Grogan 10^th Edition (at page 58)

In essence, the BCEA lists the minimum conditions of employment which employers must comply with in South Africa.

Without knowing the contents of the BCEA, it is not possible for an employer to ensure compliance with the statutory minimum conditions of employment applicable in the South African workplace. This e-course answers critically important questions such as

‘how many hours in a day (or a week) may employees be required to work?’;
‘how much must employees be paid if they work overtime, on a Sunday, or on a public holiday?’;
‘how long must notice periods be?’;
‘may an employer impose a fine on an employee who damages company property?’;
‘is there such a thing as paternity leave?’;
‘is overtime work compulsory?’;
‘can an independent sub-contractor be declared to be an employee?’;
‘is a night shift allowance compulsory?’.

At the end of each module, students have the opportunity to test their understanding and comprehension of the e-course material in a carefully constructed module assessment exercise.

Course Instructor

Tony Healy Author

This e-course has been compiled by leading labour relations and employment law expert, Tony Healy, who has vast experience in all aspects of SA labour relations and employment law. Prior to establishing labour law consultancy Tony Healy & Associates in 1995, Tony held executive labour relations positions at Barlow Rand, the Premier Group and SAB: Miller. He has appeared at the Industrial Court, as well as the CCMA and various Bargaining Councils across the country, in both conciliation and arbitration hearings, since 1995. Tony is a regular guest on national television and radio, as a recognised subject expert in the fields of labour relations and employment law, and has been an employment law newspaper columnist in national newspapers since 1995, including Business Day.