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The Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) was introduced to redress the imbalances of the past - NSC Business Studies - Question 5 - 2020 - Paper 1
Question 5
The Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) was introduced to redress the imbalances of the past. The provisions of the BCEA protect employe... show full transcript
Worked Solution & Example Answer:The Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) was introduced to redress the imbalances of the past - NSC Business Studies - Question 5 - 2020 - Paper 1
Step 1
Outline the purpose of the BCEA.
Answer
The Basic Conditions of Employment Act (BCEA) provides clear terms and conditions of employment for both employers and employees. It sets minimum requirements and standards that govern employment contracts, ensuring the right to fair labor practices as outlined in the Constitution. By advancing economic development and social justice, the BCEA aims to rectify past imbalances in the workplace.
Step 2
Explain the following provisions of this Act: Annual leave.
Answer
The BCEA entitles employees to minimum annual leave, typically calculated at three weeks per year. This provision aims to ensure that employees receive the necessary time off to rest and rejuvenate, promoting better health and well-being.
Step 3
Explain the following provisions of this Act: Hours of work/Work hours.
Answer
Under the BCEA, employees are not permitted to work more than 45 hours per week. Ordinary work hours can be adjusted by agreement, but generally, workers should not work more than nine hours a day if they work five days or less. Additionally, every worker must receive compensation for any overtime worked.
Step 4
Explain the following provisions of this Act: Child and forced labour.
Answer
The BCEA prohibits the employment of children under the age of 15. Businesses must also avoid employing children in harmful conditions that could affect their moral and physical development. Forced labor is also illegal under the BCEA, ensuring that all employment must be voluntary.
Step 5
Discuss the impact of the BCEA on businesses.
Answer
The implementation of the BCEA creates a framework of acceptable employment practices which businesses must adhere to. While this promotes fair treatment and consistency in staffing, it may also impose additional administrative burdens. Non-compliance can lead to heavy fines and legal actions, making it critical for businesses to fully understand their obligations under the law.
Step 6
Advise businesses on penalties that they may face for non-compliance with this Act.
Answer
Businesses that do not comply with the BCEA may face penalties including fines or civil action. Labour inspectors have the authority to issue compliance orders, and repeated violations can result in significant legal repercussions, including being required to pay restitution to affected employees. Compliance with the BCEA is thus not only ethical but crucial for maintaining a lawful business operation.