What according to the basic conditions of employment act applies with regard to the contraventions
See Related questions below.
The Basic Conditions of Employment Act (BCEA) is a labor law in South Africa that sets out the basic rights and conditions of employment for employees. It covers various aspects including working hours, leave, termination of employment, and other matters pertaining to the employment relationship.
When it comes to contraventions of the BCEA, there are several provisions that apply:
1. Prohibition of unfair labor practices: The BCEA prohibits unfair labor practices such as unfair dismissals, unfair labor practices related to probation, promotions, transfers, and demotions, among others.
To determine if there has been a contravention in this regard, you would need to review the specific circumstances of the case. This might involve examining relevant employment contracts, employment policies, and any evidence or statements related to the alleged unfair labor practice.
2. Non-compliance with minimum wage and remuneration: The BCEA sets out minimum wage rates and provisions for payment of remuneration, including overtime, allowances, and deductions.
If you suspect a contravention related to minimum wage or remuneration, you would need to compare the employee's wage or remuneration with the applicable minimum wage rates and provisions. This information can typically be found in the BCEA or in sectoral determinations if applicable.
3. Failure to provide annual leave and other statutory leave: The BCEA grants employees the right to various types of leave, such as annual leave, sick leave, family responsibility leave, and maternity leave.
To determine if there has been a contravention regarding leave entitlements, you would need to examine the employment records to verify if the employee has been denied or not granted the appropriate leave as stipulated in the BCEA.
It is important to note that if you suspect a contravention of the BCEA, it is advisable to consult a labor specialist or seek legal advice to guide you through the process of lodging a complaint or taking appropriate action.