National South African regulations on Decent Work-old
Subjects:
Work during Holidays and Weekends
Work and Wages
Regulations on work and wages:
Basic Conditions of Employment Act
All about Payslips
Minimum wage
The minimum wage
differs between branches of industry. The Minister of Labour can decide to set
a minimum for a sector, in case no collective agreement is applicable.
Regular pay
Wages must be paid
regularly.
Maximum working week
A working week must
not exceed 45 hours, temporary exemptions however are allowed. Overtime should
be limited to 5 hours per week over a certain period. The Basic Conditions of
Employment Act provides procedures for the progressive reduction of the maximum
of 40 ordinary hours of work a week and 8 ordinary hours per day. The minimum
rest period in the course of the week must be 36 consecutive hours.
Underemployment
The law does not
provide any rights to claim additional hours for employees who are
underemployed.
Overtime compensation
Additional remuneration for overtime is customary. In case the Ministry of Labour sets a minimumwage for a sector, the extra rates for overtime are also being prescribed.
Work and Holidays
Regulations about work and
holidays:
Basic Conditions of Employment Act
Paid holiday
An employee is entitled to
at least 21 consecutive paid annual leave, national and religious holidays not
included. Collective agreements must provide at least one day of annual leave
on full remuneration for every 17 days on which the employee worked or was
entitled to be paid.
Minimal period
At least 2 uninterrupted,
consecutive weeks of holiday is the minimum.
Work during Holidays and Weekends
Regulations on holidays and
weekends:
Basic Conditions of Employment
Act
Pay on holidays
You are entitled to paid
leave during public and religious holidays.
You do not have to work on public holidays, unless an agreement says you
have to.
Compensation holidays
If you work on a
national or religious holiday your employer has to double your pay.
Weekend work
compensation
The weekly rest
period is at least 36 consecutive hours which, unless otherwise agreed, includes
the Sunday. If you have to work during the weekend, you should thereby acquire
the right to a rest period of 36 uninterrupted hours. Not necessarily in the
weekend, but at least in the course of the following week.
Transfer right
A compensation day
for working on Sundays has to be granted in the ensuing week. Moreover your
employer has to pay you at least one and a half times your ordinary wage for
each hour worked. This payment can also take the shape of paid time off within
the next month. Compensation for an official national holiday may be granted
later.
Children at School
Regulations on work and care
for children at school:
Basic Conditions of Employment
Act
School holidays
Your paid holidays should
be allowed to coincide with the holidays of school going children.
According to the Basic Conditions of Employment Act every employer must
regulate the working time of each employee with due regard to their family
responsibilities.
Equal opportunities of
parents
As employee (regardless of
gender) with family responsibilities you should according to the Employment
Equity Act have the same opportunities as your colleagues who have no such
responsibilities.
Maternity and Work
Regulations on maternity and work:
Basic Conditions of Employment Act
Code of Good Practice on Pregnancy
Job security
Women have the right to return to their jobs upon maternity leave.
Free medical care
There is no right to free medical care related to maternity. Some however have this included in their pay package.
No harmful work
Employees during pregnancy and after giving birth are safeguarded from harmful work.
Leave
Female employees are entitled to 4 uninterrupted months of maternity leave.
Income
If you have been contributing to the Unemployment Insurance Fund (UIF) you can claim a benefit from the Maternity Benefit Fund.
Work and sickness
Regulations on work and sickness:
Basic Conditions of Employment Act
Unemployment Insurance (UIF)
Employment Equity Act
Income when sick
You
are entitled to a maximum of 6 weeks paid sick leave in a cycle of 3 years
employment. For the first half year of employment the (paid) sick leave is
limited to one day. After two weeks of illness without pay you can apply for a
benefit from the Unemployment Insurance Fund. The employer may request a
medical certificate.
Minimum income
The
pay during sick leave is equivalent to the normal pay, unless a lower level
(and more days of paid sick leave) has been agreed. The benefit from the
Unemployment Insurance Fund amounts to 58 percent of the former income for low
paid workers (for higher paid workers the percentage is lower).
Job security
There is no special
employment protection during sick leave.
Disability benefit
Except
for occupational disease or
accidents on the job there is no disability benefit.
Funeral cost
Except
for fatal occupational disease or accidents on the job employers do not have to pay for the funerals
costs of the deceased employee.
HIV/AIDS
Under the
Employment Equity Act (1998) all employees are safeguarded from discrimination.
Social Security
Regulations on social security:
Unemployment Insurance (UIF)
Pension rights
Pensioners are entitled to a
state pension. But additional sources of income are necessary to make ends
meet.
Dependent's benefit
Under certain
conditions the spouse or the children of the deceased can claim a benefit from
the Unemployment Insurance Fund.
Unemployment benefit
If you lose your
job you can claim an unemployment benefit. Under certain conditions you can get
a benefit for a period of 34 weeks at the maximum.
Free job mediation
As a job seeker you
are not entitled to free job mediation.
Medical care
There is no
guarantee of access to minimal medical care at an affordable price.
Disabled benefit
Your employer is
obliged to assess whether you can still do part of your job and there is some
employment protection. However a disabled benefit is hardly ever obtained.
Health and Safety at Work
Regulations on health
and safety at work:
Amended Occupational Health and Safety Act
Employer cares
Your employer, in
all fairness, is obliged to make sure that the work process is safe.
Free protection
Your employer is
obliged to provide protective clothing and other necessary safety precautions
for free and not allowed to deduct the costs from one’s wages.
Training
You employer is
obliged to provide training for you and your colleagues in all work related
safety and health aspects and to show you and your colleagues the emergency
exits.
First Aid
Your employer has
to take adequate measures for calamities and accidents. This includes the
provision of first aid on the job.
Complaints
It is unlawful for
your employer to victimize you when you inform your superior about an
imminently or actually dangerous situation on the job.
Fair Treatment at my Work
Regulations on fair treatment
at work:
Promotion of Equality and
Prevention of Unfair Discrimination Act (2000).
Information about sexual harassment on MyWage.co.za
Equal pay
Equal pay for work
of equal value is the general rule, but should especially be enforced with an
eye to race, gender and disability.
Clearness about what one should earn
A transparent remuneration system and the clear matching of pay and position are in place and help to prevent wage discrimination.
The Labour Relations Act has a Code of Good Practice on Sexual Harassment that sets out the best ways to deal with complaints about sexual harassment.
Training opportunities
Employees should
have equal opportunities and equal access to training.
Freedom to complain
Employees can
address complaints to Equality Courts and should be safeguarded from
victimization when doing so.
Children at Work
Regulations on
children at work:
Basic Conditions of
Employment Act
Children under 15
No labour of
children under 15, says Chapter 6 of the Basic Employment Conditions Act.
Hazardous Jobs
There is no clear
legal protection of children under 17 against against harzardous jobs.
Forced labour
Regulations on forced labour:
Basic Conditions of Employment Act
Freedom to change jobs
Forced labour is
explicitly forbidden in Chapter 6 of the Basic Employment Conditions Act.
No passport of ID
There is no special
ruling regarding the question of who keeps you passport or ID, your employer or
yourself.
Pay back loan
There is no law
protecting one’s right to (full) payment while still having to pay back a loan
to one’s employer.
Trade Union Rights
Freedom of collective
bargaining
South African
labour legislation encourages collective bargaining.
Freedom to join a
union
The constitution
guarantees the freedom to organise, including the right to join a union.
Freedom to participate in union activities outside working hours
The constitution
guarantees the freedom to organise, including the right to join a union.
Freedom to be active in a trade union
The constitution
guarantees the freedom to organise, including the right to join a union.
