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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Basic Conditions of
Employment
Act, No. 75 of 1997
Long title
To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith.
Table of contents
.
Legislation Text Access Point
Long title
To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| TABLE OF CONTENTS | |
| CHAPTER ONE. DEFINITIONS, PURPOSE AND APPLICATION OF THIS ACT | |
| 1. | Definitions |
| 2. | Purpose of this Act |
| 3. | Application of this Act |
| 4. | Inclusion of provisions in contracts of employment |
| 5. | This Act not affected by agreements |
| CHAPTER TWO. REGULATION OF WORKING TIME | |
| 6. | Application of this Chapter |
| 7. | Regulation of working time |
| 8. | Interpretation of day |
| 9. | Ordinary hours of work |
| 9A. | Daily wage payment [...inserted by Act 2018_007_003_20181127] |
| 10. | Overtime |
| 11. | Compressed working week |
| 12. | Averaging of hours of work |
| 13. | Determination of hours of work by Minister |
| 14. | Meal intervals |
| 15. | Daily and weekly rest period |
| 16. | Pay for work on Sundays |
| 17. | Night work |
| 18. | Public holidays |
| CHAPTER THREE. LEAVE | |
| 19. | Application of this Chapter |
| 20. | Annual leave |
| 21. | Pay for annual leave |
| 22. | Sick leave |
| 23. | Proof of incapacity |
| 24. | Application to occupational accidents or diseases |
| 25. | Maternity leave |
| 25A. | Parental leave [...inserted by Act 2018_010_003_20181127] |
| 25B. | Adoption leave [...inserted by Act 2018_010_003_20181127] |
| 25C. | Commissioning parental leave [...inserted by Act 2018_010_003_20181127] |
| 26. | Protection of employees before and after birth of a child |
| 27. | Family responsibility leave |
| CHAPTER FOUR. PARTICULARS OF EMPLOYMENT AND REMUNERATION | |
| 28. | Application of this Chapter |
| 29. | Written particulars of employment |
| 30. | Informing employees of their rights |
| 31. | Keeping of records |
| 32. | Payment of remuneration |
| 33. | Information about remuneration |
| 33A. | Prohibited conduct by employer [...inserted by Act 2013_020_002_20131209] |
| 34. | Deductions and other acts concerning remuneration |
| 34A. | Payment of contributions to benefit funds [...inserted by Act 2002_011_006_20020624] |
| 35. | Calculation of remuneration and wages |
| CHAPTER FIVE. TERMINATION OF EMPLOYMENT | |
| 36. | Application of this Chapter |
| 37. | Notice of termination of employment |
| 38. | Payment instead of notice |
| 39.. | Employees in accommodation provided by employers |
| 40. | Payments on termination |
| 41. | Severance pay |
| 42. | Certificate of service |
| CHAPTER SIX. PROHIBITION OF EMPLOYMENT OF CHILDREN AND FORCED LABOUR | |
| 43. | Prohibition of work by children [...amended by Act 2013_020_002_20131209 - was entitled "Prohibition of employment of children"] |
| 44. | Regulations on work by children [...amended by Act 2013_020_004_20131209 - was entitled "Employment of children of 15 years or older"] |
| 45. | Medical examinations |
| 46. | Prohibitions |
| 47. | Evidence of age |
| 48. | Prohibition of forced labour |
| CHAPTER SEVEN. VARIATION OF BASIC CONDITIONS OF EMPLOYMENT | |
| 49. | Variation by agreement |
| 50. | Variation by Minister |
| CHAPTER EIGHT. SECTORAL DETERMINATIONS | |
| 51. | Sectoral determination |
| 52 | Investigation |
| 53. | Conduct of investigation |
| 54. | Preparation of report |
| 55. | Making of sectoral determination |
| 56. | Period of operation of sectoral determination |
| 57. | Legal effect of sectoral determination |
| 58. | Employer to keep a copy of sectoral determination |
| CHAPTER NINE. EMPLOYMENT CONDITIONS COMMISSION [...repealed by Act 2017_007_008_20181127] | |
| 59. | ... [...repealed by Act 2018_007_008_20181127 - was entitled "Establishment and functions of Employment Conditions Commission"] |
| 60. | ... [...repealed by Act 2018_007_008_20181127 - was entitled "Composition of Commission"] |
| 61. | ... [...repealed by Act 2018_007_008_20181127 - was entitled "Public hearings"] |
| 62. | ... [...repealed by Act 2018_007_008_20181127 - was entitled "Report by Commission"] |
| CHAPTER TEN. MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS | |
| Part A. Monitoring and enforcement | |
| 62A. | Definitions [...inserted by Act 2017_007_009_20181127] |
| 63. | Appointment of labour inspectors |
| 64. | Functions of labour inspectors |
| 65. | Powers of entry |
| 66. | Powers to question and inspect |
| 67. | Co-operation with labour inspectors |
| 68. | Securing an undertaking |
| 69. | Compliance order |
| 70. | Limitations |
| 71. | ... [...repealed by Act 2013_020_012_20131209 - was entitled "Objections to compliance order"] |
| 72. | ... [...repealed by Act 2013_020_012_20131209 - was entitled "Appeals from order of Director-General"] |
| 73. | Order may be made an arbitration award [...Title amended by Act 2017_007_009_20181127 - was entitled "Order may be made order of Labour Court"] |
| 73A. | Claims for failure to pay any amount [...inserted by Act 2017_007_016_20181127] |
| Part B. Legal proceedings | |
| 74. | Consolidation of proceedings |
| 75. | Payment of interest |
| 76. | Proof of compliance |
| 76A. | Fine for not complying with national minimum wage [...inserted by Act 2017_007_020_20181127] |
| 77. | Jurisdiction of Labour Court |
| 77A. | Powers of Labour Court [...inserted by Act 2002_011_019_20020624] |
| Part C. Protection of employees against discrimination | |
| 78. | Rights of employees |
| 79. | Protection of rights |
| 80. | Procedure for disputes |
| 81. | Burden of proof |
| CHAPTER ELEVEN. GENERAL | |
| 82. | Temporary employment services |
| 83. | Deeming of persons as employees |
| 83A. | Presumption as to who is employee [...inserted by Act 2002_011_021_20020624] |
| 84. | Duration of employment |
| 85. | Delegation |
| 86. | Regulations |
| 87. | Codes of Good Practice |
| 88. | Minister’s power to add and change footnotes |
| 89. | Representation of employees or employers |
| 90. | Confidentiality |
| 91. | Answers not to be used in criminal prosecutions |
| 92. | Obstruction, undue influence and fraud |
| 93. | Penalties |
| 94. | This Act binds the State |
| 95. | Transitional arrangements and amendment and repeal of laws |
| 96. | Short title and commencement |
| Sch. 1. | SCHEDULE ONE: PROCEDURES FOR PROGRESSIVE REDUCTION OF MAXIMUM WORKING HOURS [s9] |
| Sch. 2. | SCHEDULE TWO: MAXIMUM PERMISSIBLE FEES THAT MAY BE IMPOSED FOR FAILURE TO COMPLY WITH THIS ACT [s69] |
| Sch. 3. | SCHEDULE THREE: TRANSITIONAL PROVISIONS [s95] |
| Sch. 4. | SCHEDULE FOUR: LAWS REPEALED BY SECTION 95(5) [s95] |
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| As unamended Act 1997_075_000_19971205 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2002_011_000_20020624 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_068_000_20030206 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_065_000_20030213 . | N/A | REQ.INFO | LINK |
| As amended by Act 2003_052_000_20040130 . | N/A | REQ.INFO | LINK |
| As amended by Act 2008_037_000_20081201 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_011_000_20130723 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_020_000_20131209 . | N/A | REQ.INFO | LINK |
| As amended by Act 2018_007_000_20181127 . | N/A | REQ.INFO | LINK |
| As amended by Act 2018_010_000_20181127 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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