Basic Conditions of Employment Act 75 of 1997

The Basic Conditions of Employment Act (BCEA) establishes the minimum employment standards in South Africa. Enacted in 1997, it regulates working hours, overtime, leave, remuneration, and termination of employment. The Act applies to all employers and employees and establishes sectoral determinations for industries not covered by collective agreements.

Legal area: Law governing the relationship between employers and employees, including employment conditions, trade unions, and industrial relations.

Year enacted: 1997

Full text: https://www.gov.za/documents/south-africa-basic-conditions-of-employment-act-75-of-1997

Key Provisions

  • Section 9: Ordinary hours of work limited to 45 hours per week
  • Section 10: Overtime provisions and maximum limits
  • Section 11: Work on Sundays and public holidays
  • Section 22: Annual leave of 21 consecutive days per year
  • Section 23: Sick leave of 30 days per three-year cycle
  • Section 35: Termination of employment and notice periods

Significance

The BCEA provides the floor of employment rights in South Africa and is enforced by the Department of Employment and Labour. It has been amended several times, most notably to incorporate domestic workers into its protections and to regulate temporary employment services.