The Basic Conditions of Employment Act
The Basic Conditions of Employment Bill was passed as an Act of
Parliament on 7 November.
COSATU stated that the Act was a milestone in the struggle to end
"the abuse and insecurity which workers face as a result of decades
of apartheid, colonialism and capitalism". This was because the Act
covered all workers (including farm workers, casuals and domestics),
regulated working conditions, protected pregnant women from
dismissal, made provisions for overtime and contracts, and allowed
family responsibility leave.
But the new Act allows for "variation" (i.e. for certain
capitalists to be excused from complying with the Act). This was
despite ANC promises to COSATU that it would deal with this issue.
The Act will also not apply to public sector workers for the first
18 months of its operation. The inspectorate (Employment Conditions
Commission) set up by the Act to enforce its provisions is toothless
and is unlikely to function effectively. This will allow many bosses
to ignore the Act.
The Act speaks of a 45 work week- but this will only be phased in
over several years.
At present, the government is considering amendments by both
interested parties, so the final outcome is not yet clear. We will
keep you updated
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