Basic Conditions of Employment Act (BCEA) – Quick Reference: Staff Working hours explained.
Purpose
To promote fair labour practices by setting minimum employment standards for all employees in South Africa, ensuring dignity, safety, and equity in the workplace.
Staff Working Hours
• Ordinary hours: Maximum 45 hours per week
o Up to 9 hours/day if working ≤5 days/week
o Up to 8 hours/day if working >5 days/week
• Overtime: Maximum 10 hours/week; must be paid at 1.5 times the normal wage
• Rest periods:
o Daily: At least 12 consecutive hours between shifts
o Weekly: At least 36 consecutive hours, including Sunday unless otherwise agreed
• Meal breaks: Minimum 1-hour break after 5 continuous hours of work (may be reduced to 30 minutes by agreement)
Staff Leave Entitlements
• Annual leave: Minimum 21 consecutive days per year (or 1 day per 17 days worked)
• Sick leave: 6 weeks’ paid leave over a 36-month cycle (after 6 months of employment)
• Maternity leave: 4 consecutive months (unpaid; employee may claim UIF if registered)
• Family responsibility leave: 3 days per year (for birth of child, illness/death of close family)
Public Holidays
• Employees are entitled to paid leave on official public holidays
• If required to work, they must be paid double their normal daily wage
Termination of Employment
• Notice periods:
o 1 week for employment less than 6 months
o 2 weeks for employment between 6–12 months
o 4 weeks for employment over 1 year
• Severance pay: Minimum 1 week’s remuneration per completed year of service (only applicable in retrenchment)
Employment Contracts
Every employee must receive a written contract that includes:
• Employer and employee details
• Job title and key responsibilities
• Agreed working hours and wage rate
• Leave entitlements and conditions
• Termination procedures and notice periods
Payment of Wages
• Wages must be paid in South African Rand
• Payment frequency: daily, weekly, or monthly (as agreed)
• Payslip must clearly show:
o Employer name and contact details
o Employee name and job title
o Wage rate and total hours worked
o All deductions and net pay
Compliance
• A BCEA summary must be visibly displayed at the workplace
• Labour inspectors may visit to check compliance with employment standards and recordkeeping.
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