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The Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) was introduced to redress the imbalances of the past - NSC Business Studies - Question 5 - 2020 - Paper 1
Question 5
The Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) was introduced to redress the imbalances of the past. The provisions of the BCEA protect employe... show full transcript
Worked Solution & Example Answer:The Basic Conditions of Employment Act (BCEA), 1997 (Act 75 of 1997) was introduced to redress the imbalances of the past - NSC Business Studies - Question 5 - 2020 - Paper 1
Step 1
Outline the purpose of the BCEA.
Answer
The Basic Conditions of Employment Act (BCEA) serves as a fundamental framework that establishes clear terms and conditions of employment between employers and employees. It aims to set minimum requirements and standards for employment contracts, ensuring that employees are treated fairly and not exploited in the workplace. The BCEA not only safeguards the rights of employees but also promotes economic development and social justice by creating a balanced working environment.
Step 2
Explain the following provisions of this Act: Annual leave
Answer
The BCEA stipulates that employees are entitled to annual leave as a basic right. Employees are typically entitled to a minimum of 21 consecutive days of paid leave per year, which is accrued based on the duration of their service. This provision ensures that employees have the opportunity to rest and recharge, contributing to their overall well-being and productivity.
Step 3
Explain the following provisions of this Act: Hours of work/Work hours
Answer
According to the BCEA, employees are not allowed to work more than 45 hours in a week. Further, the Act allows for a standard working day of 9 hours if the employee works five days or less per week. If they work longer hours, compensation should be provided. Additionally, night work performed must adhere to regulations, ensuring proper agreements and compensation where necessary.
Step 4
Explain the following provisions of this Act: Child and forced labour
Answer
The BCEA strictly prohibits the employment of children younger than 15 years, affirming the commitment to protecting children from exploitation. Businesses must also ensure that minors are not employed in harmful conditions. Forced labour is equally forbidden, reinforcing the dignity and rights of individuals in the workplace.
Step 5
Discuss the impact of the BCEA on businesses.
Answer
The BCEA creates a structured environment for businesses by establishing minimum employment standards. While compliance promotes fair practices, it also poses challenges, as companies may face increased operational costs and administrative burdens. However, adherence to the Act can lead to a more satisfied and productive workforce, ultimately benefiting business sustainability and reputation.
Step 6
Advise businesses on penalties that they may face for non-compliance with this Act.
Answer
Businesses that fail to comply with the BCEA may face various penalties, including hefty fines and legal repercussions. Labour inspectors can issue compliance orders and investigate concerns, potentially leading to additional liabilities. Companies found to be in violation may not only have to pay fines but could also be liable for compensation claims made by affected employees, impacting their financial stability and reputation in the market.