Basic Conditions of Employment Amendment Act 11 of 2002

The Basic Conditions of Employment Amendment Act 11 of 2002 intends:

• to amend the Basic Conditions of Employment Act, 1997, so as to:
  • substitute certain definitions;
  • make certain textual alterations;
  • regulate the extension of overtime by collective agreement;
  • regulate the payment of contributions to benefit funds;
  • provide for the determination of categories of payment to calculate remuneration;
  • provide for employees whose contracts of employment terminate due to insolvency to receive severance pay;
  • specify circumstances under which ordinary hours of work can be varied; 
  • provide for the appointment of alternate members from organised labour and business to the Employment Conditions Commission;
  • make further provision regarding the issuing of compliance orders; 
  • clarify the basis for the calculation of interest;
  • confer specific powers on the Labour Court;
  • create a presumption as to who is an employee;
  • deem wage determinations to be sectoral determinations; and
• provide for matters connected therewith.

Commencement

1 August 2002 (Gazette 23610 of 25 July 2002)