Employment law update — amendments to the Basic Conditions of Employment Act; increase in earning threshold; and more

Amendments to the Basic Conditions of Employment Act
Amendments to the Basic Conditions of Employment Act (BCEA) were published on 9 December 2013 and the president has yet to pronounce the date on which it will become law. Some of the proposed amendments include, but are not limited to, the extension of the scope of the prohibition and regulation of work performed by child labour; changing enforcement procedures to streamline the Department of Labour’s ability to enforce the BCEA against non-compliant employers and to assess the Labour Court for this purpose; and permitting the minister of labour to regulate a wider range of matters in sectoral determinations.

Increase in earning threshold in terms of the BCEA
With effect from 1 July 2014, the BCEA earning threshold was increased to include those employees earning in excess of ZAR205,433.30 (£11,580) per annum. Thus, employees earning above this increased threshold are not afforded the rights provided by section 9 (ordinary hours of work), 10 (overtime), 11 (compressed working work), 12 (averaging of hours of work), 14 (meal intervals), 15 (daily and weekly rest period), 16 (pay for work on Sundays), 17(2) (night work) and 18(3) (public holidays) of the BCEA.

Amendments to the Employment Equality Act
Amendments to the Employment Equality Act (EEA) were published on 16 January 2014 and came into effect on 1 August 2014. Two significant amendments relate to penalties and the prohibition of unfair discrimination…

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