BCEA

1. BCEA Lecture 9

2. Variation of conditions of employment • Collective agreements: • Bargaining council agreements: May vary, replace or exclude conditions of employment. • The following core rights may not be excluded or varied: • Protection of employees who regularly perform night work • Maternity leave • Annual leave(minimum 2weeks / year) • Arrangement of working time with due regard to health, safety and family responsibilities • Prohibition on child and forced labour • Other collective agreements (concluded outside a BC) and individual agreements: May vary conditions of employment within limits set by the Act or sectoral determinations. Class notes are not sufficient for study purposes.

3. Ministerial determinations • Minister may make a determination to replace or exclude any basic condition of employment contained in the BCEA. • Application may be done on own initiative of the minister or by an application from the employer / employers organisation with consent from the particular trade union. • If consent can not be obtained, a copy of the application must be served on the trade union. • If the determination is made, an employer must notify his employees accordingly and hand a copy thereof to the registered trade union. • Minister can make a determination in respect of: • Working hours: • If more favorable than BCEA; • Parties to Collective agreement agrees to the determination; • Determinations necessitated by operational circumstances in the sector; • If it applies to the agricultural or private security sectors. • Core rights can not be varied. Class notes are not sufficient for study purposes.

4. Sectoral determinations • DG investigates the existing conditions in the sector and area concerned on instruction of the Minister. Public invited to participate and send in written representations. • Report is submitted to the ECC for consideration and to make recommendations to the Minister regarding the sectoral determinations. • Sectoral determination is published in the Government Gazette and is then applicable to all employees and employers in that sector. • Sectoral determination takes precedence over the BCEA. Class notes are not sufficient for study purposes.

5. Sectoral determinations usually include the following: • Minimum wages and timing of payment; • Conditions of employment; • Payment in natura; • Regulation of task-based work, piece work, home work and contract work; • Minimum standards for housing and sanitation for employees who reside on their employers premises; • Traveling and other work related allowances; • Etc. • ..\..\..\..\..\user\Desktop\Sectoral Determination 7 Domestic Workers.doc Class notes are not sufficient for study purposes.

6. Collective agreement concluded after commencement of the sectoral determination enjoys precedence. • Determination regarding children above 15 years must take into account their health, education, etc. • Children under 15 years: • Sectoral determination 10: Children in the performance of Advertising, artistic and cultural activities, South Africa. • Code of good practice regarding the above also issued. • Determination and code must be read together. • ..\..\..\..\..\user\Desktop\26608.pdf Class notes are not sufficient for study purposes.

7. Employment Conditions Committee • Advise Minister on : • Sectoral determinations, conditions of employment and other matters arising from the Act; • The affect of policies of the government on employment;  • Trends in collective bargaining;  • Trends that undermine the purpose of the Act; • Employment of children; • Conditions of employment in the public service. Class notes are not sufficient for study purposes.

8. OUTCOMES • Give an exposition of the possible variation of conditions of employment as contained in the Act • Indicate which are core rights of an employee i.t.o. This Act • What are the aims of the ECC?