An Act to make provision about the procedure for the resolution of employment disputes; to provide for compensation for financial loss in cases of unlawful underpayment or non-payment; to make provision about the enforcement of minimum wages legislation and the application of the national minimum wage to Cadet Force
What does the employment Act cover?
The main areas of employment that are covered by the law are contracts of employment, working hours and holidays, time off when sick (and sick pay), health and safety, data protection, and anti-discrimination (gender, race, religion, sexual orientation and disability. From December 2006 it will also include age).
Who is not covered by the employment Act?
All employees under a contract of service with an employer are covered, but there are exceptions. For example, Part IV of the Act which provides for rest days, hours of work and other conditions of service, does not cover managers or executives.
Who is covered by the basic condition of employment act?
The Basic Conditions of Employment Act | Labour Guide. The Act applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for an organisation with a charitable purpose.
What is the main purpose of the Basic Conditions of employment Act?
Background. The purpose of the Basic Conditions of Employment Act is to give effect to the right to fair labour practices, as referred to in Section 23 (1) of the Constitution, by establishing and providing for the regulation of basic conditions of employment.
What are the 3 basic employment rights for a worker?
The three basic rights of workers include rights concerning pay, hours and discriminatiton. Workers are entitled to these rights through the law and may declare their employer if they do not respect these rights.
How common is a 3 month notice period?
Put it this way: at the administrative level, three months’ notice will preclude you from 90-95% of jobs you apply for. Quite simply, employers want to hire someone who can start either immediately or who are on a maximum of one months’ notice.
How does the employment Act affect recruitment?
The Act prevents employers from discriminating against employees and job applicants on the basis of protected characteristics. It is possible to discriminate, even inadvertently, at numerous points in the recruitment and selection process, for example, when: writing the job description.writing the job offer.
Can my employer reject my annual leave?
An employee needs to request to take annual leave before going on leave. The process for requesting annual leave is often set out in an award or registered agreement, company policy or contract of employment. An employer can only refuse an employee’s request for annual leave if the refusal is reasonable.
How does Basic Conditions of employment Act affect employers?
The BCEA prevents employers from exploiting their employees, as well as employees taking advantage of employers. Neither party can ignore the conditions of the Act, and work contracts must reflect and honour its provisions.
What are 5 rights of an employee?
These are the basic rights you need to know:
- Compensation equality.
- Freedom to join a Union.
- Safe workplace.
- Harassment free workplace.
- Non-discrimination.
- Family and medical leave.
- Minimum wage.
- Retaliation-free workplace.
What are the 7 categories of employee rights?
Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
What are the 3 different methods that employers use to pay their employees?
Three methods employers use to compensate employees include salary, hourly wage and commission.
How many days unpaid leave is an employee entitled to?
The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days.
What are the 4 types of employment?
Types of employees:
- Full-Time Employees.
- Part-Time Employees.
- Seasonal Employees.
- Temporary Employees.
What are 4 Employee Rights?
Not to be unfairly dismissed. To be treated with dignity and respect. To be paid the agreed wage on the agreed date and at the agreed time. To be provided with appropriate resources and equipment to enable him/her to do the job.
What are the legal rights of an employee?
Employees have all the employment rights that workers do, as well as extra rights and responsibilities, including: parental leave and pay. Shared Parental Leave and Pay. maternity, paternity and adoption leave and pay.
Can I be taken to court for not working my notice?
Not working notice period breach of contract
You could take them to court for damages that your business will suffer because of them not working their notice period. However, you should do this as a last option. Damages such as loss of profit are not easy to prove.
What happens if I don’t work my 3 months notice?
If your employee leaves their job before the three-month notice period is up, or they refuse to honour the agreed notice period altogether, they will be in breach of their contract. If this happens, the first thing you should do is refuse to pay them for the unworked days.
Can an employer hold you to 3 months notice?
If you have signed a contract of employment, then you are duty bound to honour the 3 months’ notice period, unless you and your employer can both agree on a different outcome.
Did the Equal pay Act passed?
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program.
Equal Pay Act of 1963.
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