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Basic Guide to Employer's Basic Conditions of Employment Duties

Basic Guide to Employer’s Basic Conditions of Employment Duties

All employers must comply with the provisions of the Basic Conditions of Employment Act.


The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

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Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

All Employers

All employers must –

  • set working hours in line with labour laws
  • follow the law with regard to overtime, public holidays, and working on Sundays
  • give workers –
    • annual leave
    • sick leave
    • maternity leave
    • family responsibility leave
  • only make deductions from a worker’s pay allowed for by law
  • provide workers with written particulars of employment
  • terminate the employment contract appropriately.

Employers with 5 or More Workers

Employers who employ 5 or more workers must –  provide workers with the following documents:

  • written particulars of employment
  • a pay slip each time they are paid
  • maintain an employee record for each worker
  • display a summary of the Basic Conditions of Employment Act in the workplace

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Originally appeared on on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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