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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) serves to establish clear terms and conditions of employment between employers and employees. It aims to provide minimum requirements and standards to promote fair employment practices, thereby ensuring that workers are not exploited. Additionally, the Act supports economic development and social justice by safeguarding employee rights and enhancing their working conditions.
Step 2
Explain the following provisions of this Act: Annual leave.
Answer
Under the BCEA, employees are entitled to annual leave, which is a crucial part of employee welfare. The Act stipulates that employees are entitled to a minimum of 21 consecutive days of paid annual leave for each year of employment. This provision ensures that employees have the opportunity to rest and recover, which ultimately contributes to their productivity and well-being.
Step 3
Explain the following provisions of this Act: Hours of work/Work hours.
Answer
The BCEA regulates working hours to ensure fair treatment of employees. According to the Act, workers may not work more than 45 hours in a week, and no more than 9 hours a day if working five days or less per week. Additionally, night work must occur between 6 PM and 6 AM, and employers are obliged to compensate employees accordingly. These regulations aim to prevent overwork and ensure a balanced work-life scenario.
Step 4
Explain the following provisions of this Act: Child and forced labour.
Answer
Child and forced labour is strictly prohibited under the BCEA. The Act specifies that it is illegal to employ children younger than 15 years. Moreover, businesses are discouraged from employing individuals under the age of 18 in hazardous conditions. Forced labour is also deemed illegal, protecting vulnerable employees from exploitation.
Step 5
Discuss the impact of the BCEA on businesses.
Answer
The implementation of the BCEA creates a framework for acceptable employment practices, promoting fair treatment and reducing exploitation in the workplace. It encourages better communication and consultation between employers and employees. However, the Act may also introduce additional administrative burdens for businesses, such as maintaining compliance records and managing employee contracts, which can increase operational costs.
Step 6
Advise businesses on penalties that they may face for non-compliance with this Act.
Answer
Businesses that fail to comply with the BCEA may face significant penalties. Labour inspectors can issue compliance orders, and if violations are found, businesses may incur fines or be required to pay compensation to affected employees. Ignoring the Act could lead to negative public relations and potential legal actions, highlighting the importance of adherence to these fundamental labor standards.