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Marius Scheepers & Company Attorneys |
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Regulations in terms
of the Basic Conditions of Employment act, 1997 And Regulations amendment (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 REGULATIONSSCHEDULE1 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]
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