Basic Conditions Of Employment Act (BCEA) (in a nutshell)

Basic Conditions of Employment Act is the most basic conditions of employment that you can offer an employee. You may offer them more, or better, than the basic condition, but not less. If you do not give an employee a contract of employment, then they automatically fall under the Basic Conditions of Employment, and these become their terms of employment.

Legally, every employer should display a copy of the Act easily accessible to all staff to read as they wish.

Who do the BCEA apply to:- All employees who work more than 24 hours a month (even temp and part time workers) It does not apply to sales staff who travel or senior managers

What working hours should your staff be working by law:- 45 hours a week (9 hours if a 5 day week and 8 if more than 5 days in a week) Overtime An employee only works overtime by agreement. (something that is important you get them to agree to in their contracts) Overtime is paid at 1.5 times an employee’s normal wage, or the employee may get paid time off If an employee normally works on a Sunday, they will get time and a half, and if they do not normally work on a Sunday they should be paid double time

How long should they take for lunch and tea? An employee gets a 60 minutes meal break after they have worked 5 hours. This can be reduced to 30 minutes by agreement and done away with if the employee works less than 6 hours. (important to clarify in your contracts). Employees must have a rest period away from work of 12 hours a day, and 36 consecutive hours a week Tea breaks and smoke breaks are not covered in the basic conditions of employment

Public Holiday Pay Employees must be paid for any normal working day that falls on a public holiday, even though they are not working. This applies to temps that work more than 24 hours a month Work on a public holiday is by agreement and paid at double time Employees may work a public holiday in exchange for another paid working day off, by agreement Special Rule: Hospitals; Hospitality Industry; Continuous Operations Some employees can be required to work on a public holiday that falls on a working day, even if they are not exempted from the ESA’s (Employment Standards Act) public holiday provisions, provided they are not on vacation. This will be the case if the employee works in a hospital, hotel, motel, tourist resort, restaurant, tavern or a continuous operation (A “continuous operation” is one that operates 24 hours a day and either never shuts down or shuts down only once a week.)

Annual leave: An employee is entitled to 21 consecutive days (including weekends) or 15 working days. This can be calculated as 1 day for every 17 days worked. Leave must be taken within six months of the end of a leave cycle An employer must not “buy” an employees leave or pay them out, instead of the employee taking them. Accumulated leave that has not been taken, must be paid out on termination of employment

Sick leave: An employee gets six weeks paid leave over a 36 month period During the first six months of employment, they are entitled to one day sick leave for every 26 days worked An employer may legally request a doctors certificate for someone who is absent for more than two consecutive days.

Maternity Leave: An employer has to keep an employee’s position for four months while they are on maternity leave. (they do not need to pay the employee during this time, and the employee may ask to come back six weeks after the baby is born). Family Responsibility Leave (Compassionate Leave) Employees are allowed 3 days paid leave a year for the birth or death of an employee’s child, when their child is sick, or the death of a life partner, spouse, parent, adoptive parent, grandparent, child, adoptive child or sibling. An employee may request reasonable proof

The Basic Conditions of Employment Act (BCEA) provides that employers and employees covered by the BCEA must give, in writing: • A week's notice if the employee has up to six months' service. • Two weeks' notice if the employee has between six months' and 12 months' service. • Four weeks' notice if the employee has 12 months' service or more.

If you do not have a contract of employment, notice periods are as follows:- • One week if the employee has worked for less than six months • Two weeks if they have worked between six months and a year • Four weeks if they have worked longer than a year

Retrenchment severance packages An employee is entitled to at least one week’s pay for every year worked for a company, when they are retrenched