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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Eight : Sectoral Determinations

54 Preparation of report

 

(1) On completion of an investigation, and after considering any representations made by members of the public, the Commission must prepare a report.

[Section 54(1) substituted by section 7 of Notice No. 1302, GG 42059, dated 27 November 2018]

 

(2) A copy of the report must be submitted to the Director-General for his or her information and the Minister for consideration.

[Section 54(2) substituted by section 7 of Notice No. 1302, GG 42059, dated 27 November 2018]

 

(3) When advising the Minister on the publication of a sectoral determination, the Commission must consider in respect of the sector and area concerned—
(a) the report prepared in terms of subsection (1);
(b) the ability of employers to carry on their business successfully;
(c) the operation of small, medium or micro-enterprises, and new enterprises;
(d) the cost of living;
(e) the alleviation of poverty;
(f) conditions of employment;
(g) wage differentials and inequality;
(h) the likely impact of any proposed condition of employment on current employment or the creation of employment;
(i) the possible impact of any proposed conditions of employment on the health, safety or welfare of employees;
(j) any other relevant information made available to the Commission.

 

(4) The Commission must prepare a report for the Minister containing recommendations on the matters which should be included in a sectoral determination for the relevant sector and area.