CONTENTS
SCHEDULES
Schedule One: Procedures for
Progressive Reduction of Maximum Working Hours
Schedule Two:
Maximum Permissible fees that may be imposed for failure to comply with
this Act
Schedule Three:
Transitional Provisions
Schedule Four:
Laws Repealed by Section 95(5)
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EXTRACTS
SCHEDULE ONE
PROCEDURES FOR PROGRESSIVE REDUCTION OF
MAXIMUM WORKING HOURS
1. Goal
This Schedule records the procedures to
be adopted to reduce the working hours of employees to the goal of a
40 hour working week and an eight hour working day
(a) through collective bargaining and
the publication of sectoral determinations;
(b) having due regard to the impact of
a reduction of working hours on existing employment and
opportunities for employment creation, economic efficiency and the
health, safety and welfare of employees.
2. Collective bargaining
When during negotiations on terms and
conditions of employment, a party to the negotiations introduces the
reduction of maximum working hours as a subject for negotiation, the
parties must negotiate on that issue.
3. Role of Employment Conditions
Commission
The Commission may investigate the
possibility of reducing working hours in a particular sector and area
and make recommendations to the Minister thereon.
4. Investigation by Department of
Labour
(1) The Department of Labour must, after
consultation with the Commission, conduct an investigation as to how the
reduction of weekly working hours to a level of 40 hours per week may be
achieved.
(2) The investigation must be completed
and the report submitted to the Minister not later than 18 months after
the Act has come into operation.
5. Reports
(1) The Department of Labour must,
after consultation with the Commission
(a) monitor and review progress made in
reducing working hours;
(b) prepare and publish a report for
the Minister on the progress made in the reduction of working hours.
(2) The Department must publish reports
every two years.
(3) The reports must be
tabled at NEDLAC and in Parliament by the Minister.
(4) The Minister may prescribe the
returns to be submitted by employers, trade unions and councils
on any matter concerning this Schedule.
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assistance SCHEDULE TWO
MAXIMUM PERMISSIBLE FINES THAT MAY BE
IMPOSED FOR FAILURE TO COMPLY WITH THIS ACT
1. This Schedule; sets out the
maximum fine that may be imposed in terms of Chapter Ten for a
failure to comply with a provision of this Act.
2. The maximum fine that may be
imposed-
(a) for a failure to comply with a
provision of this Act not involving a failure to pay an amount due to an
employee in terms of any basic condition of employment, is the fine
determined in terms of Table One or Table Two;
(b) involving a failure to pay an amount
due to an employee, is the greater of the amount determined in terms of
Table One or Table Two.
TABLE ONE: MAXIMUM PERMISSIBLE FINE
NOT INVOLVING AN UNDERPAYMENT
No previous
failure to comply |
R100 per
employee in respect of whom the failure to comply occurs |
A previous
failure to comply in respect of the same provision within three
years |
R200 per
employee in respect of whom the failure to comply occurs |
A previous
failure to comply within the previous 12 months or two previous
failures to comply in respect of the same provision within three
years |
R300 per
employee in respect of whom the failure to comply occurs |
Three
previous failures to comply in respect of the same provision within
three years |
R400 per
employee in respect of whom the failure to comply occurs |
Four
previous failures to comply in respect of the same provision within
three years |
R500 per
employee in respect of whom the failure to comply occurs |
TABLE TWO: MAXIMUM PERMISSIBLE FINE
NOT INVOLVING AN UNDERPAYMENT
No previous
failure to comply |
25 % of the
amount due, including any interest owing on the amount at the date
of the order |
A previous
failure to comply in respect of the same provision within three
years |
50 % of the
amount due, including any interest owing on the amount at the date
of the order |
A previous
failure to comply in respect of the same provision within a year, or
two previous failure to comply in respect of the same provision
within three years |
75 % of the
amount due, including any interest owing on the amount at the date
of the order |
Three
previous failures to comply in respect of the same provision within
three years |
100 % of
the amount due, including any interest owing on the amount at the
date of the order |
Four or
more previous failures to comply in respect of the same provision
within three years |
200 % of
the amount due, including any interest owing on the amount at the
date of the order |
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SCHEDULE THREE
TRANSITIONAL PROVISIONS
1. Definitions
For the purposes of this Schedule-
"Basic Conditions of Employment Act,
1983" means the Basic Conditions of Employment: Act, 1983 (Act No. 3
of 1983);
"domestic worker" means an employee
defined as a "domestic servant" in section 1(1) of the Basic
Conditions of Employment Act, 1983;
"farm worker" means an employee who is
employed mainly in or in connection with farming activities, and
includes an employee who wholly or mainly performs domestic work in
home premises on a farm;
"mineworker" means an employee employed
at a mine whose hours of work are prescribed in terms of any
regulation that is in force in terms of item 4 of Schedule 4 to the
Mine Health and Safety Act, 1996 (Act No. 29 of 1996);
"security guard" means an employee
defined as a "guard" or a "security guard" in terms of the Basic
Conditions of Employment Act, 1983;
"Wage Act, 1957" means the Wage Act,
1957 (Act No. 5 of 1957) "wage determination" means a wage
determination made in terms of section 14 of the Wage Act, 1957.
2. Application to public service
This Act, except section 41, does not
apply to the public service for 18 months after the commencement of
this Act, unless a bargaining council concludes a collective
agreement that a provision of this Act will apply from an earlier
date.
3. Application to farm workers
(1) Sections 6A, 10(2A) and 14(4A) of
the Basic Conditions of Employment Act, 1983, continue to apply to
the employment of a farm worker until such time as the matters
regulated by those provisions are regulated by a sectoral
determination applicable to the farm worker.
(2) Until regulated by a sectoral
determination, section 17(3) applies to farm workers who work after
20:00 and before 04:00 at least five times per month or 50 times per
year.
4. Payment in kind of domestic
workers and farm workers
(1) The definition of "wage" in section
1(1) of the Basic Conditions of Employment Act, 1983, and the
definition of "payment in kind" in the regulations published under
that Act continue to apply to the employment of domestic workers and
farm workers, until regulated by a sectoral determination.
(2) The Minister may, by notice in the
Gazette, amend any cash amount prescribed in the definition of
"payment in kind" in accordance with section 37 of the Basic
Conditions of Employment Act, 1983, as if that section had not been
repealed.
5. Ordinary hours of work
An employer may require or permit an
employee who is employed as a farm worker, mineworker or security
guard to work ordinary hours of work in excess of those prescribed
by section 9(1) and (2) for the period specified in column two of
Table One: Provided that-
(a) any condition in column two of
Table One is complied with;
(b) the employee's hours of work do
not exceed any limit on hours of work in any law or any
wage-regulating measure applicable to that category of employee
immediately before this Act came into effect;
(c) the employee and his or her
employer do not conclude an agreement in terms of sections 11
and 12.
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assistance TABLE ONE:
Farm
Workers |
For a
period of 12 months after the commencement date of this Act,
provided that the employee's ordinary hours of work do not exceed 48
hours per week. |
Mineworkers |
For a
period of 12 months after the commencement date of this Act,
provided that the employee's total hours of work do not exceed any
limit on hours or work prescribed in any applicable regulation that
is in force in terms of item 4 of Schedule 4 to the Mine Health and
Safety Act, 1996 (Act No. 29 of 1996). |
Security
guards |
For a
period of 12 months after the commencement date of this Act,
provided that the employee's ordinary hours of work do not exceed 55
hours per week; and thereafter for a further period of 12 months,
provided that the employee's ordinary hours of work do not exceed 50
hours per week. |
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assistance 6. Leave pay
(1) The entitlement in terms of
section 20(2) of an employee employed continuously before and after
the commencement of this Act takes effect on the date on which, but
for the enactment of this Act; the employee would next have
commenced a leave cycle in terms of section 12 of the Basic
Conditions of Employment Act, 1983,or any wage determination.
(2) Any accrued leave to which an
employee was entitled in terms of section 12 of the Basic Conditions
of Employment Act, 1983, or a wage determination, but which has not
been granted by the date on which section 20(2) takes effect with
respect to that employee, must be added to the paid leave earned by
that employee in terms of this Act. (3) Section 22(3) does not apply
to any leave earned by the employee in respect of any period prior
to the date on which this Act takes effect.
7. Pay for sick leave
(1) Table Two applies in respect of any
employee, as defined in the Basic Conditions of Employment Act, 1983, in
employment at the commencement of this Act.
(2) An employee listed in column one who
was in continuous employment before the commencement of this Act for the
period set out in column two becomes entitled to the rights under
section 22(2) on the date listed in column three and section 22(3) on
the date listed in column four.
TABLE TWO
TRANSITIONAL ARRANGEMENTS IN RELATION TO
SICK LEAVE
Employee as
defined in the Basic Conditions of Employment Act, 1983 |
Period of
continuous employment before commencement date of this Act |
Date of
entitlement to six weeks' paid sick leave over 36-months sick leave
cycle in terms of section 22 (2) |
Date of
entitlement to one day's paid sick leave every 26 days worked during
the first six consecutive months of employment in terms of section
22 (3) |
Employees
and regular day workers |
Less than
six months |
Six months
after commencement date of employment |
Date on
which employee began employment |
Casual
employees |
Less than
six months |
Six months
after commencement date of employment |
Commencement date of this Act |
Regular day
workers and casual employees |
More than
six months |
Commencement date of this Act |
Not
applicable |
Employees
(other than casual workers and regular day workers) |
Between six
and 12 months |
Commencement date of this Act |
Not
applicable |
Employees |
More than
12 months |
At
conclusion of current sick leave cycle in terms of section 13 (1) of
the Basic Conditions of Employment Act, 1983 |
Not
applicable |
(3) Any period of paid sick leave
granted to an employee in accordance with Table two, may be deducted
from the employee's entitlement in terms of either section 22(2) or
section 22(3), if -
(a) it was taken before the
commencement of this Act; or
(b) it was taken during the period that
the relevant section was in effect with respect to that employee.
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assistance 8. Exemptions
Any exemption granted under section
34 of the Basic Conditions of Employment Act, 1983, in force
immediately before the commencement of this Act remains in force for
the period for which the exemption was granted, or if the exemption
was granted for an indefinite period, for a period of six months
after the commencement of this Act as if that Act had not been
repealed, unless it is withdrawn by the Master, before the end of
such period.
9. Wage determinations
Any wage determination and any
amendment to a wage determination made in terms of section 15 of the
Wage Act, 1957, in force immediately before the commencement of this
Act remains in force for the period of its operation in terms of
section 18 of that Act, and may be extended or amended as if that
Act had not been repealed.
10. Exemptions to wage
determination
Any license of exemption granted to a
wage determination in terms of section 19 of the Wage Act, 1957, in
force immediately before the commencement of this Act remains in
force for the period of operation of the determination, or until
withdrawn in terms of section 19(5) of that Act, as if that Act had
not been repealed.
11. Agreements
(1) Any agreement entered into before
the commencement of this Act which is permitted by this Act remains
valid and binding.
(2) Any provision in a collective
agreement concluded in a bargaining council that was in force
immediately before this Act came into effect remains in effect for
(a) six months after the commencement
date of this Act in the case of a provision contemplated by section
49(1)(a) to (d); and
(b) 18 months after the commencement
date of this Act in the case of a provision contemplated by section
49(1)(e).
SCHEDULE FOUR
LAWS REPEALED BY SECTION 95(5)
Number
and year of law |
Short
title |
Extent
of repeal |
Act No.5 of
1957 |
Wage Act,
1957 |
The Whole |
Act No. 48
of 1981 |
Wage
Amendment Act, 1981 |
The Whole |
Act No. 3
of 1983 |
Basic
Conditions of Employment Act, 1983 |
The Whole |
Act No. 26
of 1984 |
Wage
Amendment Act, 1984 |
The Whole |
Act No. 27
of 1984 |
Basic
Conditions of Employment Act, 1984 |
The Whole |
Act No. 104
of 1992 |
Basic
Conditions of Employment Act, 1984 |
The Whole |
Act No. 137
of 1993 |
Basic
Conditions of Employment Amendment Act, 1993 |
The Whole |
Act No. 147
of 1993 |
Agricultural Labour Act, 1993 |
Chapter 2 |
Act No. 50
of 1994 |
Agricultural Labour Amendment Act, 1994 |
Section 2 |
Act No. 66
of 1995 |
Labour
Relations Act, 1995 |
Section 196 |
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