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Employment conditions to keep in mind as an employer.

According to Section 6 of the Basic Conditions of Employment Act, employees who make more than a particular amount per year are exempt from the provisions of the Act. On the basis of the Commission’s recommendations, the Minister of Labor will publish this decision. The main topic is the control of employees’ working hours.

Earnings are determined by calculating gross pay before deductions, which includes income tax, pension, medical, and other similar payments but excludes corresponding payments (contributions) made by the employer in relation to the employee.

These sections do not apply to such employees:

  1. Section 9 Regular working hours
  2. Section 10 Extra time
  3. Section 11 A shorter workweek
  4. Section 12 Hours worked on average
  5. Section 13 The Minister sets the working hours
  6. Section 14 Lunch pauses
  7. Section 15 A daily and weekly period of rest
  8. Section 16 Compensation for Sunday work
  9. The provision of Section 17(2) relating to transportation and night shift allowances
  10. Public holidays – Section 18(3) addresses payment for work performed on a public holiday that falls on a day the employee would not have typically worked.

Workers making less than the criterion amount:

Every section of the Basic Conditions of Work Act is fully applicable to these workers’ protection (BCEA).

Such individuals are entitled to the following rights under the Act:

Only with the consent of both the employer and the employee may overtime be done.

The employee is legally entitled to demand payment for any overtime done at a rate of 1.5 times his regular wage, or at the corresponding rate (not less favourable than the minimum set in the Act).

The employee and employer may also agree that time off from work will be offered in lieu of compensation for overtime performed.

The employee has the right to legally refuse to work more than 45 normal hours per week, more than 10 overtime hours per week, and more than 12 total hours per day, which includes nine regular hours and three extra hours. There are other situations where an employee might not be allowed to decline, including in cases of emergency overtime, but that is not the topic at hand.

There are some other conditions, but we won’t go over them all as this post isn’t meant to serve as a BCEA training manual.

From the foregoing you will note that those earning beneath the threshold have a legal right to “demand”.

Employees making more money than the cutoff

With effect from July 1, 2014, individuals who earn more than the threshold amount do not have the legal right to demand anything in relation to Sections 9, 10, 11, 12, 14, 15, 16, 17(2), and 18(3) of the Act. Nonetheless, the employer is required to consider Section 7 of the Act when evaluating the employee’s hours of labor who earns above the threshold:

“7 Working-Time Regulation

Every company is required to limit each employee’s workday.

(a) in line with any Act’s occupational health and safety provisions.

(b) with consideration for the health and safety of the workforce;

(c) keeping proper consideration for the Code of Good Conduct on the Regulation of Working time granted in accordance with section 87 (1) (a); and

(d) keeping in mind the employees’ obligations to their families.

Workers making less than the criteria are legally entitled to request the aforementioned sections.

Workers who make more than the minimum wage do not have a legal right to demand under the aforementioned sections.

Nonetheless, the employee who earns more than the threshold amount has the opportunity to bargain.

In order to determine how many regular hours and overtime the company will expect from the employee, the employee who earns more than the threshold amount must approach the employer, negotiate, and come to an agreement. The parties must agree on compensation for the overtime performed after this has been verified. Such compensation can be less than the Act’s minimal requirement.

According to section 18(3), the same must be agreed upon for both work on Sundays and public holidays. The worker who earns more than the threshold cannot demand, thus they must bargain.

The employer is in a similar situation; the business cannot require employees making more than the threshold to perform unpaid overtime, standby responsibilities, or attend callouts, among other things.

According to section 48 of the BCEA, which reads as follows, the employer is not permitted to make those demands for the following reasons.

“1. All forms of forced labor are forbidden, subject to the Constitution.

2. Contrary to subsection (1), no one may demand, demand, or impose forced labor for their own profit or the benefit of another person.

Hence, for workers making more than the minimum wage, the employer is in a similar position in that he cannot make a demand but must instead engage in negotiation. Prior to the start of the work relationship, employers are urged to carefully analyze the employment conditions of employees earning above the threshold and to clearly specify such terms in the employment contract. It is crucial to note that employers are not permitted to unilaterally alter the working conditions of workers making more than R224080.48 a year after receiving the threshold earnings notification. Unless revisions are mutually agreed upon, the initial employment agreement’s terms are legally enforceable and must be upheld.