- #WHAT TIME DOES THE ACT START FULL#
- #WHAT TIME DOES THE ACT START CODE#
- #WHAT TIME DOES THE ACT START PLUS#
Tea breaks do not qualify as a break in working time.
#WHAT TIME DOES THE ACT START PLUS#
Therefore an employee who works a 5 day week and who receives a lunch break of one hour daily will actually be at the workplace for 50 hours weekly (45 hours normal working time plus 5 hours daily lunch breaks.) The lunch break is to be provided after five hours continuous working time. Lunch break is unpaid time and is the employee's own time - he/she and read a book, go shopping, etc because they are not paid for lunch breaks. The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week normal time. Some employers work a 40 hour week, and so on. The amount of normal time worked is a matter of contractual agreement between employer and employee. This does not mean that the employee must work 45 hours per week normal time. This is 9 hours per day (excluding lunch break) if the employee works a five-day week, and 8 hours per day (excluding lunch break) if the employee works more than 5 days per week. The maximum normal working time allowed (section 9 BCEA) is 45 hours weekly. The following is applicable to employees earning less than the determined threshold. income-tax, pension, medical aid and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee.Ĭhapter 2 of the BCEA regulates working Time, including all hours and overtime. I, Membathisi Mphumzi Shepherd Mdladlala, Minister of Labour, in terms of Section 6 (3) of the The Basic Conditions of Employment act, number 75 of 1997 determine that all employees earning in excess of R147376-00 per annum be excluded from sections 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 (3) of the Act and fix the second Monday after the date of publication of this notice as the date from which the said determination shall be binding.įor the purpose of this notice, "earnings" means: gross before deductions i.e. A Ministerial Determination number 356 dated 14th March 2003, lays down what is known as the "earnings threshold", and certain sections of the BCEA do not apply to employees earning above this threshold amount. The employer is permitted to provide any number of days annual leave in excess of the statutory 15 working days, but he may not provide less than the statutory 15 working days.
#WHAT TIME DOES THE ACT START FULL#
These are not inflexible conditions, in the sense that the employer may offer a better condition, but he may not offer nor include in any contract a condition that is less favorable to the employee than the corresponding condition contained in the BCEA.įor example, the Act lays down a minimum of 21 consecutive days or 15 working days annual leave on full pay.
The Basic Conditions of Employment Act prescribes certain minimum conditions of employment which must be applied.
#WHAT TIME DOES THE ACT START CODE#
The Code of Good Practice on the arrangement of working Time must be read in conjunction with this chapter.
Some, but not all, basic conditions of employment may be varied by individual or collective agreements in accordance with the provisions of the Act. The basic conditions of employment contained in the Act form part of the contract of employment of employees covered by the Act. In terms of the determination, earnings mean gross pay before deductions for income tax, pension, medical and similar payments. In terms of a ministerial determination as permitted by section 6(3) of this Act: employees earning in excess of R 149 763-00 per annum are excluded from section 6 to 17 and 18(3). The Act applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for an organisation with a charitable purpose.
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