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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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

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 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/AREQ.INFOLINK
As amended by Act 2018_010_000_20181127 . N/AREQ.INFOLINK
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