01 Sep 2014

Employment Law Update, BCEA Amendment Act Effective from Today 1 September 2014

Practice Area(s): Employment |

The Basic Conditions of Employment Amendment Act, 2013 ("BCEA Amendment Act") comes into operation today, 1 September 2014.   This was confirmed on Friday, 29 August 2014 when the President of South Africa proclaimed the effective date by way of Government Gazette (No 37955).

The amendments to the BCEA include (but are not limited) the following:

  1. Empowering the Minister of Labour to regulate a broader range of matters in sectoral determinations. 
  2. Empowering the Minister of Labour to publish a sectoral determination to cover all employers and employees who are not covered by any other sectoral determination.  This is of importance to employers in that this mechanism may be used by the Minister to legislate a general minimum wage.
  3. The process that the Department of Labour ("DOL") will follow when it enforces the BCEA has changed.  The intention is for the DOL to have an efficient mechanism within which to deal with non-compliant employers. 
  4. Extending the scope of the prohibition and regulation of work by children. 
  5. The penalties and maximum sentences for non-compliance with the BCEA have increased.

Clients are to please note that although the amendments to the BCEA are now effective, the date upon which the amendments to the Labour Relations Amendment Act will come into effect has not yet been proclaimed.  We will be in touch the moment the effective date for the Labour Relations Amendment Act has been proclaimed by way of government gazette.

Clients are most welcome to contact our employment law department to discuss the BCEA and/or LRA Amendment Acts in further detail.