1, Identify five practice that are in contravention of the basic conditions of employment ACT. 2,What according to the basic conditions of employment ACT applies with regard to the contravention that you have identify
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To identify five practices that are in contravention of the Basic Conditions of Employment Act, one can refer to the Act itself. The Basic Conditions of Employment Act (BCEA) is a legislation in South Africa that sets out the minimum terms and conditions of employment for workers.
Some common practices that may contravene the BCEA include:
1. Paying an employee an amount that is lower than the minimum wage specified by the BCEA or the relevant sectoral determination.
2. Requiring an employee to work excessive hours without providing the required overtime pay or rest periods as stipulated by the Act.
3. Not providing an employee with the minimum number of annual leave days as prescribed by the BCEA.
4. Failing to comply with the BCEA's requirements for sick leave, such as not providing paid sick leave or requesting excessive medical certificates.
5. Terminating an employee's employment without following the proper procedures for notice periods or severance pay as specified in the Act.
Regarding what applies with regard to the contraventions identified, the Basic Conditions of Employment Act provides certain rights and remedies for employees:
1. If an employee is being paid less than the minimum wage, they have the right to lodge a complaint with the Department of Labor and seek redress.
2. If an employee is not receiving appropriate overtime pay or rest periods, they have the right to request compensation or report the contravention to the relevant labor authorities.
3. If an employee is not being granted the minimum number of annual leave days, they have the right to lodge a complaint and seek resolution through the Department of Labor.
4. In case of sick leave contraventions, employees can follow the procedures outlined in the BCEA for reporting and seeking recourse.
5. If an employee's employment is terminated without following the proper procedures for notice periods or severance pay, they may be entitled to compensation or other remedies as per the Act.
It is important to note that specific details and procedures may vary depending on your jurisdiction and the particulars of the employment relationship. It is advised to consult the Basic Conditions of Employment Act or seek legal advice for accurate and comprehensive information.