NOTICE PERIOD AND TERMINATION OF EMPLOYMENT
In terms of the Basic Conditions of Employment Act,any
party to an employment contract must give to the other
written notice of termination as follows;
*One week,if employed for four weeks or less.
*Four weeks if employed for more than four weeks.
PROCEDURE FOR TERMINATION OF EMPLOYMENT
Whilst the contract of employment makes provision for
termination of employment,it must be understood that the
services of an employee may not be terminated unless a
vaild and fair reason exists and fair procedure is
followed.If an employee is dismissed without a vaild
reason without a fair procedure,the employee may
approach the CCMA for assistance.
Pro-rata leave and severance pay might be payable.
The Labour Relations Act,66 of 1995 sets out the
procedures to be followed at the termination of services in
the code of Good Practise.
WAGE/REMUNERATION/PAYMENT
There is no prescribed minimum rate of
remuneration.Additional payments[such as for overtime or
work on Sundays or public holidays]are calculated from
the total remuneration indicated in the contract.The total
remuneration is the total of the money received by the
employee and the payment in kind.
TRANSPORT ALLOWANCES,BONUSES,INCREASES
These are not regulated by Basic Conditions of
Employment Act and are therefore open to negotiation
between the parties.
HOURS OF WORK
Normal hours[excluding overtime]
A general worker may not be made to;
*work more than 45 hours a week;
*work more than 9 hours per day for a five day work week;
*work more than 8 hours a day for a six day work week.
OVERTIME
A general worker may not work more than three hours of
overtime per day or 10 hours per week and must be paid
atleast 1.5 times the wage or may agree to receive paid
time off.
DAILY AND WEEKLY REST PERIODS
A daily rest period of 12 consecutive hours and weekly
rest of 36 consecutive hours,which must include
Sunday,unless otherwise agreed,must be allowed.
MEAL INTERVALS
A general worker is entitled to a one hour break for a meal
after not more than five hours work.Such interval may be
reduced to 30 mintues,by agreement between the
parties.If required or permitted to work during this
period,remuneration must be paid.
SUNDAY WORK
Work on Sundays is voluntary and a general worker can
therefore not be forced to work on a Sunday.
If the employee works on a Sunday he/she shall be paid
one and one half time the wage for every hour worked.
PUBLIC HOLIDAYS
The days mentioned in the Public Holidays Act must be
granted but the parties can agree to further public
holidays.Work on public holiday is entirely voluntary and a
general worker may not be forced to work on such public
holiday.
The official public holidays are;
*New Years Day[1 January]
*Human Rights Day[21 March]
*Good Friday[varies]
*Family Day[varies]
*Freedom Day[27 April]
*Workers Day[1 May]
*Youth Day[16 June]
*National Womens Day[9 August]
*Heritage Day[24 September]
*Day of Reconciliation[16 December]
*Christmas Day[25 December]
*Day of Goodwill[26 December]
Any other day declared an official public holiday from time
to time should also be granted.
These days can be exchanged for any other day by
agreement.
If the employee works on a public holiday he/she shall be
paid double the normal days wage.
ANNUAL LEAVE
Annual leave may not be less than 21 consecutive days for
full-time workers or by agreement,one day for every 17
days worked or one hour for every 17 hours worked.
The leave must be granted not later than six months after
completion of the period of 12 consecutive months of
employment.The leave may not be granted concurrent
with any period of sick leave,nor with a period of
termination of the contract of employment.
SICK LEAVE
During every sick leave cycle of 36 months an employee is
entitled to an amount of paid sick leave equal to the
number of days the employee would normally work during
a period of six weeks.
During the first six months of employment,an employee is
entitled to one days paid sick leave for every 26 days
worked.
The employer is not required to pay an employee if the
employee has been absent from work for more than two
consecutive days or more than two occasions during an
eight-week period and,on request by the employer,does
not produce a medical certificate stating that the
employee was unable to work for the duration of the
employees absence on account of sickness or injury.
MATERNITY LEAVE
The employee is entitled to atleast four consecutive
months maternity leave.The employer is not obliged to pay
the general worker for the period for which she is off work
due to her pregnancy.However the parties may agree that
the general worker will receive part of or her entire
salary/wage for the time that she is off due to pregnancy.
FAMILY RESPONSIBILITY LEAVE
Employees employed for longer than four months and for
at least four days a week are entitled to take three days
paid family responsibility leave during each leave cycle
when the employees child is born,or when the employees
child is sick or in the event of the death of the employees
spouse or life partner or parent,adoptive
parent,grandparent,child,adopted child,grandchild or
sibling.
DEDUCTIONS FROM THE REMUNERATION
The Basic Conditions of Employment Act prohibits an
employer from deducting any monies from the workers
wages without his/her written permission.
OTHER ISSUES
There are certain other issues which are not regulated by
the Basic Conditions of Employment Act such as
probationary period,right of entry to the employers
premises,afternoons off,weekends off and pension
schemes,medical aid schemes,training/school fees,funeral
benefits and savings account,however the aforementioned
may be negotiated between the parties and included in
the contract of employment.
PROHIBITION OF EMPLOYMENT
The Basic Conditions of Employment Act prohibits
employment of any person under the age of 15 and it is
therefore important for an employer to verify the age of
the general worker by requesting a copy of the identity
document or birth certificate.
OTHER CONDITIONS OF EMPLOYMENT
There is no provision,which prevents any other conditions
of employment being included in a contract of employment
but any provision which sets conditions which are less
favourable than those se by the Act,would be invalid.
