Basic Conditions of Employment Act

The Prohibition of Employment of Children

The question which doesn’t ordinarily arise but is covered by the Basic Conditions of Employment Act pertains to the employment of children and the prohibition thereof. For the most part, the Act is easy to interpret, and will not be set out for the purposes of this article, however, should the reader wish to enrich [...]

2022-05-17T13:57:51+02:00May 17th, 2022|Labour Relations Act|Comments Off on The Prohibition of Employment of Children

Maternity Leave in terms of the Basic Conditions of Employment Act

Section 25 of the Basic Conditions of Employment Act sets out the guidelines regarding maternity leave. A pregnant employee may commence maternity leave at any time from four weeks before the expected date of birth unless otherwise agreed or at any time a medical practitioner deems fit for health reasons of either the mother or [...]

2022-03-03T13:33:04+02:00March 3rd, 2022|General|Comments Off on Maternity Leave in terms of the Basic Conditions of Employment Act

The impact of the new earnings threshold on the BCEA, LRA and EEA

Section 6 of the Basic Conditions of Employment Act (BCEA) makes provision for the Minister of Employment and Labour to publish a determination on the Commission’s advice that will exclude employees earning above a certain amount per year from sections of chapter 2 of the Act. In a gazette published on 8 February 2022, the [...]

2022-02-25T07:00:29+02:00February 25th, 2022|Labour Relations Act|Comments Off on The impact of the new earnings threshold on the BCEA, LRA and EEA

Legal Representation, the Constitutionality Dilemma

South African labour practice is constitutionally entrenched within Section 23 of the Constitution, which provides that every person is entitled to, amongst other things, the right to fair labour practices.  Section 23 is given effect in terms of the Labour Relations Act which provides for effective resolution of labour disputes.   The CCMA is created in [...]

2019-10-25T09:14:11+02:00October 25th, 2019|General, Labour Relations Act|2 Comments

Sick Leave And Valid Medical Certificates

Socio-economic circumstances in South Africa deny the greater population access to private medical practitioners. The result is that people are reliant on clinics for medical attention where the employee is provided with a medical certificate which is, more often than not, signed by the clinic nurse. This poses an exceedingly frequent question amongst employers i.e. [...]

2019-01-18T12:37:43+02:00July 8th, 2015|General, Sick Leave|3 Comments
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