The international ILO Conventions on Decent Work
Subjects:
Work during Holidays and Weekends
If you have Children at School
Work and Wages
ILO Conventions on work and wages:
Minimum wage: Convention 131
(1970)
Regular pay: Conventions 95 (1949) and 117(1962)
Compensation overtime: Conventions 47 (1935) and 106 (1957)
South Africa has not ratified Conventions 47, 95, 106, 117 and 131.
Minimum wage
The minimum wage
must cover the living expenses of the employee and his/her family members.
Moreover it must relate reasonably to the general level of wages earned and the
living standard of other social groups.
Regular pay
Wages must be paid
regularly.
Compensation overtime
Working overtime is to be avoided. Whenever it is unavoidable, extra
compensation is at stake - minimally the basic hourly wage plus all
additional benefits you are entitled to.
Work and Holidays
ILO Convention:
Convention 132 (1970) on
Holidays with Pay Convention (Revised).
South Africa does comply with the
requirements of Convention 132, though it did not ratify the Convention.
Paid holiday
Three weeks paid holiday
is the yearly minimum, national and religious holidays not included.
Work during Holidays and Weekends
ILO Conventions:
Conventions 14, 47 and 106. In
addition for several industries different Conventions apply.
South Africa did not ratify Conventions 14, 47 and 106.
Pay on holidays
You should be entitled to
paid leave during national and officially recognized religious holidays.
Compensation holidays
If you have to work
on a national or religious holiday you should be entitled to compensation. Not
necessarily in the same week, provided the right to a paid compensation day is not forfeited.
Weekend work
compensation
If you have to work
during the weekend, you should thereby acquire the right to a rest period of 24
uninterrupted hours instead. Not necessarily in the weekend, but at least in
the course of the following week.
If you have Children at School
ILO Conventions:
Convention 156: Workers with Family
Responsabilities Convention (1981).
Convention 156 is not ratified by South Africa.
School holidays
Your paid holidays should
be allowed to coincide with the holidays of school going children.
Equal opportunities of
parents
Employees (regardless of
gender) with family responsibilities should have the same opportunities as
their colleagues who have no such responsibilities.
Maternity and Work
ILO Conventions on maternity and work:
Convention 183 (2000). An
earlier Convention (103 from 1952) prescribed at least 12 weeks maternity leave, 6 weeks
before and 6 weeks after.
South Africa did not ratify any of the Maternity Protection Conventions of the ILO.
Free medical care
During pregnancy
and maternity leave you should be entitled to medical and midwife care without
any additional cost.
No harmful work
During pregnancy
and while breastfeeding you should be exempt from work that might bring harm to
you or your baby.
Leave
Your maternity leave
should last at least 14 weeks.
Income
During maternity leave
your income should amount to at least two thirds of your preceding salary.
Health and Safety at Work
ILO Conventions:
Convention 155 (1981) on
Occupational Safety and Health.
More Conventions deal with very specific Occupational Safety hazards, such as
asbestos and chemicals. They are not dealt with here.
Convention 155 is ratified by South Africa.
Employer cares
Your employer, in
all fairness, should make sure that the work process is safe.
Free protection
Your employer
should provide protective clothing and other necessary safety precautions for
free.
Training
You and your
colleagues should receive training in all work related safety and health
aspects and you should have been shown the emergency exits.
Complaints
When you inform
your superior about an imminently or actually dangerous situation on the job,
you should not be made to take up that job while this situation lasts.
Work and Sickness
ILO Conventions:
Conventions 121 (1964) and 130
(1969) concerning Employment Injury Benefits and Medical Care and Sickness
Benefits.
South Africa did not ratify these Conventions.
Income when sick
Your rights to work and income should be protected when illness strikes.
The first 3 days of your absence due to sickness do not need to be compensated
for.
Minimum income
Minimally you should be entitled to an income during 6 months of 60 per
cent of the minimum wage. (Countries are free to opt for a system which
guarantees 60 per cent of the last wages during the first 6 months of illness
or even during the first year).
Job security
During the first 6 months of your illness you should not be fired.
Disability benefit
Whenever you are
disabled due to an occupational disease or accident, you ought to receive a
somewhat higher benefit than when the cause is not work related.
Social Security
ILO Conventions on social security:
Convention 102 (1952). For
several benefits somewhat higher standards have been set in subsequent
Conventions 121 (1964), 128 (1967), 130 (1969) and 168 (1988).
South Africa did not ratify any of these Conventions.
Pension rights
From
the age of 65, set as a percentage of the minimum wage or a percentage of the earned wage. This basic
ruling has been laid down in Social Security Minimum Standards
Dependents’ benefit
When the breadwinner has died, the spouse and children are entitled to a
benefit, expressed as a percentage of the minimum wage, or a percentage of the earned wage.
Unemployment benefit
For a limited period of time the unemployed has a right to unemployment
benefit set as a percentage of the minimum wage or a percentage of the earned wage.
Medical care
Employees and their family members should have access to the necessary
minimal medical care at an affordable price.
Fair Treatment at Work
ILO Conventions:
Convention 111 (1958) and 100 (1952). Convention 111 lists the
discrimination grounds which are forbidden. Convention 100 (1952) is about
Equal Remuneration for Work of Equal Value.
South Africa did ratify both Conventions.
Equal pay
At workplaces equal pay
for men and women for work of equal value is a must, regardless of marital
status. Pay inequality based on religion, race or ethnic background is also
forbidden. A transparent remuneration system and the clear matching of pay and
position are in place and help to prevent wage discrimination.
Sexual intimidation
Sexual intimidation is
gender discrimination.
Training opportunities
All employees, regardless
of gender, religion, race or ethnic background are entitled to equal training
and schooling opportunities.
Freedom to complain
You should know whom to
turn to for help in case of discrimination. Whenever you ask questions about
discrimination or file a complaint you sheel feel protected against
intimidation and against being dismissed.
Children at Work
ILO Conventions about working children:
Conventions 138 (1973) and 182
(1999)
South Africa had ratified these Conventions.
Children under 15
At workplaces there
should no work be performed by children that could harm their health and
hampers their physical and mental development. All children should be able to
attend school. Once this is safeguarded there is no objection against children
performing light jobs between the ages of 12 and 14.
Hazardous jobs
More demanding
jobs, that may carry health risks, are subject to sharper criteria.
Forced Labour
ILO Conventions:
Conventions 29 (1930) and 105
(1957) specify the qualifications of forced labour. It is work one has to
perform under threat of punishment: forfeit of wages, dismissal, harrassment or
violence, even corporal punishment. Forced labour means violation of human rights.
South
Africa has ratified both Conventions 29 and 105.
Freedom to change jobs
Employers have to
allow you to look for work elsewhere. If you do, you should not be shortened on
wages or threatened with dismissal. (In the reverse cases international law
considers this as forced labour).
No passport or ID
You should hold
your own passport or ID. Not your employer. (One of the indicators of forced
labour is whether the worker can freely use their passport or ID. Too often
still, especially in the context of migration, the employer confiscates this
personal document. Whenever this happens it is a matter of forced labour.)
Pay back loan
When you do not
receive any pay since you still have not yet fully paid back the personal loan
provided by your employer, this is considered to be forced labour.
Trade Union Rights
ILO Conventions:
Conventions 87 (1948)
and 98 (1949)
South Africa
has ratified Conventions 87 and 98.
Trade union at work
Trade unions are entitled to negotiate with employers on term of employment without hindrance. The freedom of a trade
union to negotiate with employers to try and conclude collective agreements is
protected. (The ILO has a special procedure for handling complaints from unions
about violation of this principle).
Freedom to join a union an being active in the trade union outside working hours
Freedom of association
means freedom to join a trade union. This is part of the fundamental human
rights. Employees may not be put at a disadvantage when they are active in the trade union outside working hours.
