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Warning! The new Basic Conditions of Employment Amendment Act came into effect this week!

by , 03 September 2014
If you're an employer, September is a time for new beginnings for you from a labour front.

On Monday, 1 September 2014, the Basic Conditions of Employment Amendment Act (BCEAA) came into effect.

We don't blame you if you weren't aware of this. After all, the DoL's focus has been on the Employment Equity Act in the last month. But there's no need to fret.

Read on to find out about the key changes to the amended BCEA so you can comply and avoid harsh penalties.


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The BCEAA is now effective! Here's what you need to know to comply
 

According to Gavin Stansfield, director of employment at the law firm Cliffe Dekker Hofmeyr, the BCEAA introduces important amendments to the Basic Conditions of Employment Act including:

  • A prohibition on employers from requiring employees to make certain payments to secure employment and from requiring employees to purchase goods, services or products;
 
  • The prohibition of employing children under the age of 15 years; and
 
  • Making it an offence for anyone to require or permit a child to perform any work or provide any services that place at risk the child's well-being.

That's not all.

The amended BCEA provides for the Minister of Labour to publish sectoral determinations in respect of employees and employers who aren't covered by any other sectoral determination as well as publish sectoral determinations to regulate the adjustment of remuneration increases.

In addition, the Act also provides for the Labour Minister to publish sectoral determinations to regulate task-based work, piecework, homework, sub-contracting and contract work.

Changes to the BCEA are just another indication that government is serious about improving conditions in the workplace. So make sure you familiarise yourself with the BCEAA as well as the original Act so you can comply and avoid harsh penalties.

If you have any questions regarding the new Basic Conditions of Employment Amendment Act, ask our experts at the Labour & HR Club.

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