Marius Scheepers & Company Attorneys


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Marius Scheepers & Company,
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Regulations in terms of the Basic Conditions of Employment act, 1997 And Regulations amendment
25/07/2002

(updated 01/03)

REGULATIONS IN TERMS OF THE BASIC CONDITIONS OF EMPLOYMENT ACT, 1997

as published in

GN R1438 in GG 19453 of 13 November 1998

 

as amended by

GN R319 in GG 23228 of 22 March 2002

GN R936 in GG 23610 of 25 July 2002

 

CONTENTS OF REGULATIONS

[Index amended by GN R319 of 22 March 2002 and by GN R936 of 25 July 2002]

 

A.          INDEX OF GENERAL ADMINISTRATIVE REGULATIONS       Page  

            Definitions                 

              Informing employees of their                  rights                        

            Keeping of Records                        

              Record of Employee’s Wages                     

              Written Particulars of Employment                        

            Certificate of Service                       

            Ministerial Determination                

            Subpoenas               

            Securing an Undertaking                

            Compliance Order               

              Objections to Compliance Order                        

            Proof of Service                   

B.       INDEX OF FORMS ANNEXED TO REGULATIONS                     

BCEA 1        Summary to be kept by an employer in terms of section 30        Section 30        

BCEA 2        Wages register           Section 31      

BCEA 3        Attendance register     

BCEA 4          Payslip Section 33   

BCEA 5        Certificate of Service  Section 42    

BCEA 6        Application for Ministerial Determination Section 50(1)(b)           

BCEA 7        Determination in terms of section 50 Section 50(8)(c)           

BCEA 8        Subpoena Section 66(1)   

BCEA 8A     Request to comply with an undertaking

[Form BCEA 8A inserted by GN R936 of 25 uly 2002]  Section 68 (1A) (b)  

BCEA 9        Undertaking Section 68 

BCEA 10      Receipt Section 68(2)(d)           

BCEA 11      Receipt Section 66(3)(b)           

BCEA 12      Compliance order  Section 69    

BCEA 13      Notice of objection  Section 71    

BCEA 14A   Inspectors certificate  Section 63 (3)           

BCEA 14B   Inspectors card  Section 63 (3)           

 

GENERAL REGULATIONS

SCHEDULE

1    Definitions

 

(1) In these regulations any expression that is defined in the Act has that meaning unless the context indicates otherwise -

 

‘the Act’ means the Basic Conditions of Employment Act (Act 75 of 1997).

‘Labour Relations Act’ means the Labour Relations Act (Act 66 of 1995).

‘form’ means a document attached to these regulations.

(2) Whenever the expression ‘Department of Labour’ or ‘Provincial Executive Manager’ appears in the Act or in these regulations, it means-

 

(a) in the province of KwaZulu/Natal, the ‘Provincial Executive Manager’, Department of Labour, P O Box 940, Durban, 4000;

(b) in the province of Northern Cape, the ‘Provincial Executive Manager’, Department of Labour, Private Bag X5012, Kimberley, 8300;

(c)  in the Northern Province, the ‘Provincial Executive Manager’, Department of Labour, Private Bag X9368, Pietersburg, 0700,

(d) in the province of North-West, the ‘Provincial Executive Manager’, Department of Labour, Private Bag X2040, Mmabatho, 8681;

(e) in the province of Eastern Cape, the ‘Provincial Executive Manager’, Department of Labour, Private Bag X9005, East London, 5200;

(f)   in the province of Mpumalanga, the ‘Provincial Executive Manager’, Department of Labour, Private Bag X7263, Witbank, 1035;

(g) in the province of the Free State, the ‘Provincial Executive Manager’, Department of Labour, P O Box 522, Bloemfontein, 9300;

(h)  in the province of Gauteng:

 

Gauteng-South: - in the Magisterial Districts of Alberton, Boksburg, Brakpan, Germiston, Heidelberg, Johannesburg, Kempton Park, Oberholzer, Randburg, Roodepoort, Vanderbijlpark, Vereeniging and Westonaria, The ‘Provincial Executive Manager’, Department of Labour, P O Box 4560, Johannesburg, 2000;

Gauteng North: - in the Magisterial Districts of Benoni, Bronkhorstspruit, Cullinan, Krugersdorp, Nigel, Pretoria, Randfontem, Soshanguve 1, Soshanguve 2, Springs and Wonderboom, the ‘Provincial Executive Manager’, Department of Labour, P O Box 393, Pretoria, 0001; and

(i)   in the Province of the Western Cape, the ‘Provincial Executive Manager’, Department of Labour, P O Box 872, Cape Town, 8000.

 

[Clause 1(2) substituted by GN R319 of 22 March 2002]

2    Informing employees of their rights

 

An employer must keep the statement of employees rights referred to in section 30 of this Act in the form of BCEA 1 in all official languages.

 

Form BCEA 1A         English          

Form BCEA 1B         Afrikaans       

Form BCEA 1C        Sepedi          

Form BCEA 1D        Sesotho         

Form BCEA 1E         Setswana      

Form BCEA 1F         SiSwati          

Form BCEA 1G        Tshivenda     

Form BCEA 1H         Xitsonga        

Form BCEA 1I           IsiNdebele     

Form BCEA 1J         IsiXhosa        

Form BCEA 1K         Isizulu 

 

3    Keeping of Records

 

(1) The record that an employer is required to keep in terms of section 31 must comprise

 

(a) a wages register in the form of BCEA 2 or some other record that contains the information set out in that form; and

(b) an attendance register in the form of BCEA 3 or some other record that contains the information set out in that form.

 

4    Record of employee’s wages

 

The information about remuneration that an employer is required to give an employee in terms of section 33 of the Act must be given in the form of BCEA 4, or contain the information required by that form.

5    Written particulars of employment

 

Within six months of the date on which the Act comes into effect, an employer must give an employee who was in employment on that date the written particulars of employment required by section 29.

6    Certificate of service

 

The certificate of service that an employer is required to give an employee in terms of section 42 must be given in the form of BCEA 5, or contain the information required by that form.

7    Ministerial determination

 

An application for a Ministerial determination in terms of section 50 (1) (b) of the Act must be in the form of BCEA 6, or contain the information required by that form. A Ministerial determination must be issued in the form of BCEA 7, or contain the information required by that form.

8    Subpoenas

 

(1) For the purpose of performing the functions referred to in section 66 of the Act, a labour inspector may-

 

(a) subpoena for questioning any person who may be able to give information or whose presence may help the inspector in performing the inspector’s functions;

(b) subpoena any person who is believed to have possession or control of any book, document or object relevant to an inspection or investigation to appear before the inspector to be questioned or to produce that book, document or object;

(c)  call, and if necessary subpoena, any expert to appear before the inspector to give evidence relevant to an inspection or investigation;

(d) call any person present at an inspection or investigation who was or could have been subpoenaed for any purpose set out in these regulations, to be questioned about any matter relevant to an inspection or investigation;

(e) administer an oath or accept an affirmation from any person called to give evidence or be questioned;

(f)   examine, demand the production of, and seize any book, document or object that is on or in those premises an that is relevant to an inspection or investigation;

(g) take a statement in respect of any matter relevant to an inspection of investigation from any person on the premises who is willing to make a statement; and

(h)  inspect, and retain for a reasonable period, any of the books, documents, or objects that have been produced to, or seized by, the inspector.

 

(2) A subpoena issued in terms of subregulation (1) must be made in the form of BCEA 8.

(3) A subpoena issued for any purpose in terms of subregulation (1) must be signed by the Director-General or a person authorised by the Director-General and must-

 

(a) specifically require the person named in it to appear before the inspector;

(b) sufficiently identify the book, document or object to be produced; and

(c)  state the date, time and place at which the person is to appear.

 

9    Securing an undertaking

 

(1) Any request in writing to comply with an undertaking in terms of section 68 (1A) (b) must be in the form of BCEA 8A or contain the information required by that form.

(2) Any undertaking secured by a labour inspector in terms of section 68 (2) of the Act must be in the form of BCEA 9 or contain the information required by that form.

(3) A receipt for any payment in terms of section 68 (2) (d) of the Act must be in the form of BCEA 10 or contain the information required by that form.

(4) A receipt for any record, document, article, substance or machinery removed in terms of section 66 (3) (b) must be in the form of BCEA 11 or contain the information required by that form.

 

[Clause 9 substituted by GN R936 of 25 July 2002]

10  Compliance order

 

A compliance order issued by a labour inspector in terms of section 69 of the Act must be in the form of BCEA 12 or contain the information set out in that form.

11  Objections to compliance order

 

(1) An objection lodged by an employer in terms of section 71 of the Act must be in the form of BCEA 13 or contain the information set out in that form.

(2) The objection must be lodged at any office of the Department of Labour listed in regulation 1 (2).

 

12  Proof of service

 

Whenever a party is required to satisfy any person that a copy of a referral, objection or other document has been served on another party, that party may do so by providing-

(a) a copy of the proof of mailing the referral, objection or other document by registered post to the other party;

(b) a copy of the telegram, telex or telefax including proof of transmission, communicating the referral, objection or other document to the other party;

(c)  a copy of a receipt signed by the other party or on that party’s behalf if the copy of the referral, objection or other document was delivered by hand; or

(d) a statement confirming service signed by the person who delivered a copy of the referral objection or other party.

 

13  Inspector certificates in terms of section 63

 

(1) A certificate issued to a labour inspector in terms of section 63 (3) must be in the form of Annexure 14A.

(2) Every labour inspector who is issued with a certificate in terms of subregulation (1) must also be issued with a certificate in the form of an inspector card in the form of Annexure 14B.

(3) Production of a certificate by a labour inspector in the form of either Annexure 14A or Annexure 14 B constitutes-

 

(a) Proof that the person identified in the certificate is a labour inspector.

(b) Compliance with a request for the production of a certificate in terms of section 65 (3) (a) of the Act.

 

[Clause 13 inserted by GN R319 of 22 March 2002]

 


UNDER CONSTRUCTION