BASIC CONDITIONS OF EMPLOYMENT ACT
The basic conditions of employment act helps regulate and set out the rights and duties of both parties involved. The act helps make sure employers meet the basic standards of employment in terms of working hours, leave, and remuneration, leave and dispute resolution. The BCEA applies to all employers and employees except for members of the South African national defence force, national intelligence agency, South African secret service, unpaid volunteers and persons employed at sea.
WORKING HOURS
• It is generally expected for employees to work 45 hours a week, the conditions for working hours must be agreed upon.
• Max of 9 hours in a five-day working week
• Max of 8 hours in a 6 or 7 day working week
• This excludes senior managers travelling sales reps or employees who work less than 24 hours in a months
• Employees are entitled to work not more 12 hour of overtime a week.
• Weekly overtime pay during the week is charged at 1.5 times the normal rate
• Overtime for Sundays and public holidays is at double pay
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ANNUAL LEAVE
• Employees who work more than 24 hours a month are entitled to 21 days of paid leave every year
• Public holidays do not count as annual leave, and an employee must be granted an extra day of leave if a public holiday falls on their annual leave
SICK LEAVE
• Paid sick leave-determined by the number of days you work in six week in a 36 month cycle
• Employees are allowed one day sick leave for every 26 days worked for the first six months of employment
• If an employee takes sick leave for two to three consecutive days an employer is entitled to a medical certificate
MATERNITY LEAVE
• When an employee goes on maternity leave, her position should be open until she retur...
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...terest of the workers
• the facilitation and coordination of educational training for the workers
• by encouraging workers to join and actively participate in trade unions
• the encouragement of cooperation between affiliates
CONCLUSION
South Africa’s working and occupational environment has changed over the past couple of years, more so since the 1990’s when the country was reinstated back into the global economy. South Africa had to quickly learn to adapt to globalisation which was peeking during that time. Before South Africa was reintegrated back into the global market, it relied hugely on the local market. Some markets boomed in the local industries, markets such as the textile and clothing industry, but after South Africa was reinstated back into the global market, the textile industry had to face challenges such as competition from foreign countries
FMLA/DPL leave is available on a consecutive, reduced schedule or intermittent basis for up to twelve workweeks only for specific trigger events:
Arizona employers who do not currently offer paid sick time will be required to start accruing as of July 1, 2017. There has been an enormous amount of debate over whether there is a need to offer sick time, especially to employees who have paid time off which can be used for anything, including sick days. On the other hand, there is a significant need for employees who are not offered any paid sick time or paid time off. You will find a mix of employees and employers on either side and sometimes on both sides of this debate. Few will change their opinion when they think of themselves as the employee versus the employer and vice versa. Employers and employees have raised concerns alike regarding whether providing days specifically denoted as sick will encourage more unplanned days off, will negatively impact those that do not get sick, and whether it is fair to require sick time versus paid time off in which we can all agree everyone should have paid sick time when the
Employees can be absent from work either due to Long-term sickness, short-term certified or uncertified sickness or unauthorised absence and lateness. Absenteeism will not include annual leave , maternity, compassionate or absence due to training or attending union meetings but where a worker fails to turn up at work as scheduled resulting in disruption of work schedule, added work load, increased payroll costs and poor quality service an d poor staff morale.
U.S. Department of Labor Bureau of Labor Statistics. (2011). Nonfatal occupational injuries and illnesses requiring days away from work, 2010. Retrieved March 24, 2014, from www.bls.gov/opub/ted/2011/ted_20111117.htm
This code is also where minimum wages and maximum hours worked are established.
Overall the Family and Medical Leave Act has raised many issues on whether leave should be encourage and/or paid for by the employers. As of today, no haven policy has been enacted to tackle the challenges surrounding this issue, but positive steps have been taken and one day there will be no question that hard working employees will get the rights they
The FMLA was passed to help families in the time of a crisis so that the individuals would not have to choose between work and personal responsibilities. The eligible employees are permitted to take unpaid, job-protected leave for specified family and medical reasons. The leave can last up to twelve workweeks in any twelve-month period. Reasons for leave include: pregnancy, prenatal complications, adoption/ fostering of a child, hospitalization, care of an immediate family member, or a health condition that makes the employee unable to do his or her job (Solis). This law applies to any employer “engaging in commerce” ...
Kelly was hired as an assistant language teacher (ALT) and had been working for six months. She was to work three days a week in the board of education office and two days helping with the English program. Her contract stated that her hours were Monday to Friday 8:30 AM to 5 PM. These hours were not the hours of the Japanese workers. Their culture had the employees working six days a week and rarely took time off. Kelly’s contract also had vacation and sick leave time given but stipulations as to when a doctor’s note was needed and the notice time given for time off for vacations.
One of the new and best benefits that Netflix HR now offers their employees is they have unlimited vacation days. They have this because HR helps keep track of how well they are doing and that their jobs are getting done. The feel like the workers will get more done in a faster amount of time because they will want more time off. So as long as your job is getting done to HR approval they will let you take off as much time as you
However, it is up to each state to declare its own holidays. Just because there is a national holiday does not mean employers have to give their workers the day off.
..., (21 and over). The Employment Rights Act of 1996 has included benefits UK’s citizens with four weeks paid yearly leave, sick pay, maternity and father leave. All employees are legally entitled to 5.6 weeks paid holiday time per year. All employers are responsible of their employee’s health and safety care. Adults are limited to 48 hours per week of work. Direct/indirect discrimination or harassment is not tolerated as well as favoritism. Age, disability, sexual orientation, race, religion, etc. are all factors. The UK is in progress for a plan of terminations.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
Illness is a big issue when it comes to employees being absent at work. It is important for all employers to allow specific sick leave for all employees, regardless of position. If an employer didn't offer sick leave, they would increase health problems and the spread of illness, thereby lowering productivity and morale. Despite the pressure for perfect attendance to improve customer service and efficiency, employees need reasonable sick leave programs for security and overall high performance.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
They will need to provide certification for one or multiple health care providers at the employer’s expense for more clarification of why the employee needs the leave of absence. “An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition” (SHRM) If the employer feels that the employee is not able to return to work due to major health conditions they may also require a letter from their health care professional approving their return.