The Basic Conditions of Employment Act and Related Workplace Policies

30 June 2022 (08:30 - 12:30) Interactive Online Course

Online Booking Form

Click here to download registration forms for 30 June 2022 (08:30 - 12:30) Interactive Online Course

Course Content

Module 1: Application of the Act and workplace related policies  

• Introduction to the BCEA and its application in the workplace

• Who are excluded from the Act?

• Independent contractors and the test as per sections 83A of the BCEA and 200A of the LRA

• Senior Managers – definition explained

• Employees earning above the earnings threshold – earnings threshold explained

• The BCEA and employees not employed permanently (fixed term, project based and temporary contracts)

• The differences between the BCEA and employment conditions under Bargaining Council Main Agreements

• BCEA related policies

  • Must new policies or changes thereto be negotiated

  • More favourable employment conditions

  • Introducing new policies in the workplace

Module 2: Regulation of working time

• Regulation of working time

• Interpretation of day

• Ordinary hours of work

  • Daily minimum wage payment (4 hours)

• Overtime

• Compressed working week

• Averaging of hours of work

• Meal intervals

• Daily and weekly rest period

• Pay for work on Sundays

• Night work

  • Transport must be available

  • Must the employer pay for transport?

• Public holidays

Module 3: Leave 

• Annual leave

• Sick leave

• Medical certificates – what constitutes a valid medical certificate?

  • Verification – your rights.

  • Traditional Healer issued medical certificates

  • Clinic issued medical certificates

  • Abuse of sick leave

• Application of sick leave to occupational accidents or diseases

• Maternity leave

• Protection of employees before and after birth of a child

  • More favourable maternity leave benefits than BCEA prescribed

  • Inability to work because of pregnancy

  • Pregnancy and job interviews

• Family responsibility leave

• Parental leave

Module 4: Particulars of employment and remuneration 

• Written particulars of employment – must there be a signed contract in place?

  • Restraints and confidentiality agreements

• Informing employees of their rights – the BCEA1A poster

• Deductions and other acts concerning remuneration

• Calculation of remuneration and wages

• Notice of termination of employment

• No-fault dismissals (incapacity / retrenchments) and notice periods

• Payment instead of notice

• Employees in accommodation provided by employers

• Payments on termination

• Severance pay

  • Severance pay disputes vs. fairness of retrenchment disputes

  • Severance pay where there was a break in service

• Certificate of service

  • References / employment confirmation – POPIA considerations

Module 5: Monitoring, enforcement and legal proceedings 

• Labour Inspector may Securing an undertaking

• Labour Inspector may issue a Compliance order

• Limitations

• Compliance order to be made an arbitration award by the CCMA

  • The CCMA process

• Failure to pay any amount under the BCEA

  • Section 73A arbitrations at the CCMA

  • The effect of a CCMA arbitration award and execution thereof

Purpose of the Course: 

Attendees will be able to Demonstrate and apply an understanding of the Basic Conditions of Employment Act (Act 75 of 1997).

The qualifying learner is capable of: 

• Demonstrate an understanding of the purpose and application of the Basic Conditions of Employment

• Introduce / update workplace related policies aligned to the BCEA.

• Describe the regulation relating to working time and leave as set out in the Basic Conditions

• Describe the particulars relating to employment, remuneration and termination of employment

• Demonstrate an understanding of the monitoring, enforcement and legal proceedings as set out

The programme will be useful for: 

• Managers

• Supervisors

• Trade Union Representatives (“Shop Stewards”)

• Business Owners

• HR Officers.

Price:  

• R 2150-00 (incl. Vat) per delegate

• Price include course material, certificates of attendance, legislation.

For further information contact:

• Hanlie or Peraldo (012) 661 3208 / (012) 661 1411

• e mail: [email protected] or [email protected]