Basic Conditions Act comes into effect in September 2015
Pretoria - The Basic Conditions Amendment Act of 2013 and its Administrative Regulations published on 29 August 2014 comes into effect on 1 September 2014.
The objectives of the amendments to the Basic Conditions of Employment Act are to:
· address government’s commitment to avoid exploitation of workers;
· ensure decent work for all workers;
· protect the employment relationship;
· introduce laws to regulate contract work;
· sub-contracting and out-sourcing;
· address the problem of labour broking and to prohibit certain abusive practices;
· effecting certain consequential amendment as a result of the insertion of new definitions;
· effect certain textual corrections;
· strengthen the implementation and enforcement mechanisms of the Act, e.g. increased fines for non-compliance; and
· ensure South Africa’s compliance with International Labour Standards (Conventions 100 & 111).
According to the department, the Basic Conditions of Employment Act was amended so as to:
· substitute certain definitions;
· prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products;
· prohibit anyone from requiring or permitting a child under the age of 15 years to work; and
· make 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.
The Act also provides for the Minister to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination.
It further provides for the Director-General to apply to the Labour Court for an employer to comply with a written undertaking by the employer, among other things.