Basic Conditions of Employment Act, 1997

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To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith.

 

Last update: January 2013


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Basic Conditions of Employment Act, 1997, (Act No. 75 of 1997) has been amended by GG 37955, Notice No. 60, Commencement of the Basic Conditions of Employment Amendment Act, 2013, dated 29 August 2014.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette  36844, Notice No. R. 687, Correction Notice to Sectoral Determination 1: Contract Cleaning Sector, South Africa, dated 13 September 2013.

 

The Basic Conditions of Employment Act, 1997, (Act No. 75 of 1997) has been amended by GG 37139, Notice No. 987, Basic Conditions of Employment Amendment Act, 2013 (Act No. 20 of 2013), dated 9 December 2013.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 36110, Notice No. R. 61, Correction Notice: Sectoral Determination 6: Private Security Sector, South Africa, dated 30 January 2013.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 35825, Notice No. R. 876, Amendment of Sectoral Determination 1: Contract Cleaning Sector, South Africa, dated 26 October 2012.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 35460, dated 22 June 2012 – Notice 478; Amendment of Sectoral Determination 14: Hospitality Sector, South Africa.

 

Basic Conditions of Employment Act, 1977 (Act No. 75 of 1997) has been amended by Government Gazette, 35310 dated 4 May 2012 – Notice R.347; Ministerial Determination No 3: Expanded Public Works Programmes.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been updated by Government Gazette 34947 - Amendment to Act.

 

The Basic Conditions of Employment Act, 1997 has been updated by Notice No. R. 530 – amendment to Sectoral Determination 11 : Taxi Sector – in Government Gazette No. 34392 dated 27 June 2011.

 

The Basic Conditions of Employment Act, 1997 has been updated by Notice No. R. 422 in Government Gazette No. 34287 dated 13 May 2011.

 

The Basic Conditions of Employment Act, 1997 has been updated by Correction Notice No. R. 786 in Government Gazette No. 33531 dated 3 September 2010, Notice No. 949 in Government Gazette No. 33665 dated 22 October 2010;Notice No. R. 1115 in Government Gazette No. 33804 dated 26 November 2010 and Notice No. 129 in Government Gazette No. 34032 dated 18 February 2011.

 

The Act has been updated by an amendment to Sectoral Determination 6 : Private Security Sector, South Africa, - Notice No. R. 760, in Government Gazette No. 33509 dated 27 August 2010; and Notice No. R. 757 in Government Gazette No. 33505 dated 27 August 2010 – amendment of Sectoral Determination 2 : Civil Engineering Sector, South Africa.

 

The Act has been updated with a reference and link to Notice No. R. 8 in Government Gazette No. 32871 dated 18 January 2010 – amendment to tables in Sectoral Determination 9 – Wholesale and Retail Sector, South Africa.

 

The Act has been updated by Notice No. R. 7 –- being "Health and Safety of Children at Work Regulations" and "Regulations on Hazardous Work by Children" (Government Gazette No. 32862 dated 15 January 2010).

 

The Act has been updated by Notice No. R1113-Amendment of Sectoral Determination 1:Contract Cleaning Sector, (Government Gazette No. 32741 dated 25 November 2009)

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 32524, Notice No. R. 871, Amendment of Sectoral Determination 6: Private Security Sector, South Africa, dated 25 August 2009.

 

The Act has been updated by the Taxation Laws Amendment Act No. 17 of 2009 (Government Gazette No. 32610) and the Taxation Laws Second Amendment Act No. 18 of 2009 (Government Gazette No. 32611).

 

This Act has been updated by an Amendment of Sectoral Determination 2 : Civil Engineering Sector, published in Government Gazette No. 32525 dated 25 August 2009.

 

This Act has been updated by Notice No. R. 871 published in Government Gazette No. 32524dated 25 August 2009 – Sectoral Determination No. 6 – Private Security Sector, this Determination having been largely re-written – the amendment coming into operation on the 1st September 2009.

 

This Act has been updated with an amendment to the Sectoral Determination 12 : Forestry Sector, published in Government Gazette No. 32060 dated 27 March 2009.

 

The Act has been updated with an Amendment to Sectoral Determination No. 13 – Farm Worker Sector, being Notice No. R.141, published in Government Gazette No. 31888 dated 13 February 2009.

 

The Basic Conditions of Employment Act has been updated by :-

Government Notice No. R.300 dated 14 March 2008 – "Determination : Earnings Threshold"; Notice No. R. 541 dated 16 May 2008 – "Sectoral Determination 14 : Hospitality Sector"; an Amendment to Sectoral Determination 11 : Taxi Sector – being Notice No. R.675 dated 20 June 2008; and an Amendment to Sectoral Determination 7 : Domestic Worker Sector – being Notice No. R. 1225 dated 14 November 2008.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 28428, Notice No. R. 80, Correction of Sectoral Determination 1: Contract Cleaning Sector, South Africa, 3 February 2006.

 

The Basic Condition of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 27029, Notice No. R. 1385, Amendment of Sectoral Determination 1: Contract Cleaning Sector, South Africa, dated 26 November 2004.

 

the addition of Sectoral Determination 10 (Children in the Performance of Advertising, Artistic and Cultural Activities, South Africa) in Government Gazette No. 26608 dated 29 July 2004;

An amendment to Sectoral Determination No. 1 as in Government Gazette No. 27029 dated 26 November 2004;

A correction notice to Sectoral Determination No. 6 as in Government Gazette No. 27071 dated 10 December 2004;

The addition of Sectoral Determination No. 11 (Taxi Sector) as in Government Gazette No. 27530 dated 28 April 2005;

The addition of a Code of Good Practice to Sectoral Determination No. 10 as in Government Gazette No. 27600 dated 27 May 2005;

Sectoral Determination 6 (Private Security Sector) has been amended by Correction Notice in Government Gazette No. 27992 dated 9 September 2005;

An amendment has been made to Sectoral Determination No. 7 (Domestic Worker Sector) as in Government Gazette No. 28223 dated 11 November 2005;

An amendment has been made to Sectoral Determination No. 9 (Wholesale and Retail Sector), as in Government Gazette No. 28424 dated 25 January 2006;

Corrections has been made to Sectoral Determination No. 1 (Contract Cleaning Sector) as in Government Gazette No. 28428 dated 3 February 2006 and Government Gazette No. 28525 dated 17 February 2006;

The addition of Sectoral Determination No. 13 (Farm Worker Sector) as in Government Gazette Mp/ 28518 dateduary 2006;

An amendment has been made to Sectoral Determination 9 (Wholesale and Retail Sector) as in Government Gazette No. 28559 dated 24 February 2006;

Sectoral Determination No. 12 (Forestry Sector) has been added as in Government Gazette No. 28598 dated 17 March 2006;

Two Notices have been added to the Act being Cancellation of Old Wage Determinations as in Government Gazette No. 29134 dated 25 August 2006 and Government Gazette No.29730 dated 30 March 2007;

An amendment has been added to Sectoral Determination No. 6 (Private Security Sector) by Government Gazette No.29188 dated 1 September 2006;

An amendment has been made to Sectoral Determination No. 1 (Contract Cleaning Sector) as in Government Gazette No. 29385 dated 14 November 2006 and corrections have been done according to Government Notice No. R.21 in Gazette No. 29532 dated 12 January 2007;

An amendment has been made to Sectoral Determination 10 (Children in the performance of Advertising, Artistic and Cultural Activities) according to Government Notice No. R.1202 in Gazette No. 29428 dated 28 November 2006;

An amendment has been made to Sectoral Determination No. 6 (Private Security Sector) as in Government Gazette No. 29587 dated 9 February 2007;

An amendment of Sectoral Determination No. 2 (Civil Engineering Sector) has been added as printed in Government Gazette No. 29635 dated 16 February 2007.

Sectoral Determination No. 14 (Hospitality Sector) has been added as printed in Government Gazette No. 29885 dated 15 May 2007.

 

Calculation of Employees Remuneration has been added as gazetted in GG 24889 dated 23 May 2003.

Sectoral Determination 8 has been clarified by GG 25657 dated 31 October 2003.

Amended by the Intelligence Services Act, 2002.

Sectoral Determination 6: Private Security Sector has been amended as gazetted in Regulation Gazette 7488 dated 25 October 2002.

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 23792, Notice No. R. 1135, Amendment of Sectoral Determination 1: Contract Cleaning Sector, South Africa, dated 27 August 2002.

Sectoral Determination 1:Contract Cleaning Sector has been amended as gazetted in Regulation Gazette 7446 date 27 August 2002.

The Act has been amended by the Basic Conditions of Employment Amendment Act, 2002 (11 of 2002) as gazetted in 23539 dated 24 June 2002.

The Regulations have been amended again by Regulation Gazette 7409 dated 25 July 2002.

Sectoral Determinations 7, 8 and 9 have been added to the Act (Domestic Worker, Farm Worker, Wholesale and Retail respectively).

The following have been added to the Act:

The BCOE Regulations have been amended – GG 23228 dated 22 March 2002. Note that forms BCEA 14A (Inspectors Certificate) and BCEA 14B (Inspectors Card) are not yet available online.

Proposed schedule on the calculation of remuneration in terms of section 35 – GG 23435, 17 May 2002,

Sectoral Determination 3: Private Security Sector – GG 22175 dated 30 March 2001,

Ministerial Determination: Welfare Sector – GG 22466 dated 20 July, 2001,

Determination in terms of Section 50 – GG 22742 dated 12 October 2001,

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 22836, Notice No. R. 1196, Amendment of Sectoral Determination 1: Contract Cleaning Sector, South Africa, dated 16 November 2001.

 

The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) has been amended by Government Gazette 22331, Notice No. R. 467, Amendment of Sectoral Determination 1: Contract Cleaning Sector, South Africa, dated 25 May 2001.

 

Sectoral Determination 5: Learnerships – GG 22370 dated 15 June 2001, has not yet been added but is available for download at http://www.labour.gov.za.

 

Ministerial Determination 2 in terms of Section 50 has been added, being Notice No. R.264 as published in Government Gazette No. 22148 dated 23 March 2001

 

Sectoral Determination 3: Private Security Sector has been clarified by Notice R45 of 2001, published on 19-01-01.

Gazette 21743 (10-11-00) provides a schedule to Sectoral Determination 4: Contract Cleaning Services, which has previously been defined as Sectoral Determination 1, and Sectoral Determination 4 is in fact Clothing and Knitting Sector. We have not received any clarification on this and have added it to SD 1 (the svhedule deals with the establishment of a provident fund for the Contract Cleaning Sector).

 

Notice No. R.1007 dated 13 October 2000, has been added to the Act regarding Sectoral Determination 4: Clothing and Knitting Sector, South Africa, as published in Gazette 21643.

Notice No. R.196 dated 25 February 2000, has been added to the Act, regarding Sectoral Determination 3: Private Security Sector, South Africa.

Notice No. R.1355 dated 12 November 1999, has been added to the Act, regarding Sectoral Determination 2: Civil Engineering, South Africa.

Notice No. R.1295 dated 5 November 1999, has been added to the Act, regarding Ministerial Determination 1: Small Business Sector.

Notice No. R.622 dated 14 May 1999, has been added to the Act, regarding Sectoral Determination 1: Contract Cleaning Sector, South Africa.

Notice 1134 dated 23 September 1999 announces that the investigation, in terms of paragraph 4(2) of Schedule One of the Basic Conditions of Employment Act, 1997, on the progressive reduction of working hours to a level of 40 hours a week has commenced.The terms of the investigation are:

"To investigate ways in which the reduction of weekly working hours to a level of 40 hours per week may be achieved having due regard to the impact of a reduction of working hours on existing employment and opportunities for employment creation, economic efficiency and the health, safety and welfare of employees."

This Act came into effect on December 1, 1998, repealing the Basic Conditions of Employment Act, 1983 in the process. The General Administrative Regulations and Forms were added, as well as Codes of Good Practice relating to the Arrangement of Working Time and to the Protection of Employees during pregnancy and after the Birth of a Child.