Latest news with #BasicConditionsofEmploymentAct
IOL News
a day ago
- Business
- IOL News
Where does South Africa rank on fair holiday pay? A global look at worker protections
We take a look into how public holiday pay in South Africa compares to the rest of the world. Lawmakers are currently reviewing ambiguities in public holiday pay regulations under the Basic Conditions of Employment Act (BCEA), but how does the country stack up against international standards when it comes to compensating workers for time off? Under South African labour law, workers who agree to work on a public holiday are generally entitled to double their ordinary pay or their normal wage plus what they earn on the day, whichever is greater. However, recent debates in Parliament have revealed that this section of the law is not as crystal clear as it should be, potentially opening the door to underpayment. As Parliament seeks to resolve this ambiguity, it's worth asking: How fair is South Africa's public holiday pay compared to other countries?
The Citizen
09-07-2025
- Politics
- The Citizen
Public holiday pay: Are employees being cheated by the law?
There are proposed changes to the Basic Conditions of Employment Act. Lawmakers have scrutinised the Basic Conditions of Employment Act (BCEA), pointing out gaps in how it addresses compensation for public holiday work. Officials from the Parliamentary Legal Services recently briefed the Portfolio Committee on Employment and Labour on possible shortcomings or gaps in the current law. The BCEA is a labour law that governs employment matters, including leave, wages, working hours, overtime, and pay for work on public holidays. Law on public holiday pay questioned Parliamentary legal adviser Telana Halley-Starkey informed MPs that section 18(2)(b)(ii) of the BCEA contains 'semantic ambiguity'. This section states that if an employee works on a public holiday, they must be paid their normal daily wage plus extra pay for the hours they actually work that day – but only if this total is more than double their normal daily wage. 'So, the legal issue is the interpretation of that section is not clear. The confusion then lies in the pronoun 'it'. 'A question that may arise is which noun is 'it' referring to. What is the 'greater' that the section refers to?' Halley-Starkey asked. ALSO READ: More than R140 million in salaries paid to suspended government employees She explained that although section 18(2)(b)(ii) is faulty in syntax, there has been no interpretation issues raised by legal experts or any court. 'The common interpretation, therefore, is that the employer either pays the employee double the normal wage or the normal wage plus any amount that is earned on the day, whichever is greater of the two.' Halley-Starkey proposed removing the phrases 'at least double' and 'if it is greater' from the section, and instead including the wording 'the higher amount of the following' to improve clarity. MPs debate the need for legislative fix ANC MP Sello Maeco questioned whether the ambiguity warranted a legislative amendment and whether it was essential. 'Is the use of the pronoun 'it' in the clause legally pragmatic or open to misinterpretation in its practise?' Maeco asked. EFF MP Tebogo Mokwele expressed similar sentiments. 'Is it urgent to address the ambiguity or can it be included in a broader amendment bill to the Basic Conditions of Employment Act,' Mokwele said. READ MORE: Increase in earnings threshold will protect more employees However, DA MP Juliet Basson revealed that during an employment forum she attended two weeks ago, an employer argued that the law is unclear and allows them to choose how public holiday pay is calculated. 'The employer said it is my choice to decide on which scale I pay you because 'it' does not specify and I would be extremely happy if we can change this to specify better. 'I do believe that if you work on a public holiday, you are entitled to more income and you are entitled to the correct form of income because you are giving up free time with your family and loved ones,' Basson said. She added that the current wording of the section seems to favour the employer. Watch the meeting below: Monday and Sunday both public holidays? Another DA MP, Michael Bagraim, expressed surprise that previous litigation had not exposed the issue, describing this as 'weird'. He also questioned whether the proposed amendment made the section 'crystal clear'. Bagraim further emphasised the need to clarify how public holidays are treated when they fall on a Sunday. The DA MP pointed out the confusion around whether both the Sunday and the following Monday are regarded as public holidays, or just one of them. He noted that employees who normally work on Sundays are entitled to time-and-a-half pay. 'If the public holiday is indeed to be on a Monday, then you are going to get double, or are they both public holidays?' Bagraim asked. MK party MP Hazel Mbele supported Bagraim's concerns. 'If people are working on a Sunday, is it regarded as overtime or as a public holiday to get double pay?' Mbele asked, adding that a legal amendment would bring clarity. NOW READ: How does the minimum wage apply to workers not remunerated by the hour?
IOL News
05-07-2025
- Health
- IOL News
Public Servants Association threatens legal action against health minister over OHSC relocation
Health Minister Dr Aaron Motsoaledi could face legal action should he fail to intervene in the dispute over the imminent relocation of the Office of Health Standards Compliance to new offices over 20 kilometres away, the Public Servants Association has warned. Image: Oupa Mokoena / Independent Newspapers Health Minister Dr Aaron Motsoaledi and the Office of Health Standards Compliance (OHSC) could face legal action over the entity's imminent relocation from the Pretoria central business district (CBD) to Centurion. On August 1, OHSC staff are scheduled to start relocating from their Prinshof, Tshwane, head office to Centurion, more than 20 kilometres away, but the Public Servants Association (PSA) has complained that the process has been done without consultation and adequate explanation. PSA members have been protesting against the relocation since June 17 and on Friday delivered a memorandum of demands to Motsoaledi after accusing OHSC management of failing to be honest and transparent on the matter. Among the demands is for the minister to exercise his executive authority to immediately halt the unlawful and procedurally flawed office relocation. 'The decision to relocate without prior consultation and absent mitigating support measures constitutes a prima facie violation of the Basic Conditions of Employment Act, specifically concerning fair working conditions, the preservation of work-life balance and protection against undue financial and emotional hardship,' PSA general manager Reuben Maleka told Motsoaledi. The PSA wants a comprehensive forensic investigation to be commissioned by the Auditor-General of South Africa or the National Treasury into the irregular, opaque, and potentially corrupt procurement process associated with the relocation. 'Evidence suggests a breach of the Public Finance Management Act and procurement protocols, warranting criminal and disciplinary proceedings where applicable,' the union alleged. In addition, the PSA demanded that Motsoaledi publicly and formally reprimand the OHSC executive management for their continued disregard of statutory consultation obligations and repeated violations of good faith bargaining as required under the Labour Relations Act and the constitutional right to fair labour practices. Maleka added: 'Their conduct has directly undermined the integrity of collective labour relations.' According to the union, the current office lease procurement should be immediately nullified and a new, transparent and compliant procurement process initiated, under independent oversight, with the explicit condition that office accommodation be identified within a five kilometre radius of the current Pretoria CBD premises, in line with accessibility, cost-effectiveness, and operational continuity. Earlier this year, the PSA presented two relocation scenario planning demands to the OHSC, including employees being paid R3,500 monthly or allowed to work from home for two weeks a month. However, the OHSC rejected the two scenarios due to budget constraints and because working from home was not compatible with the effectiveness of its service delivery requirements. Instead, the entity offered to provide transportation from the CBD to ferry staff members from a defined location to Eco-Glades Office Park in Centurion free of charge for a fixed period of six months, after which every employee will be expected to make their way to the new offices. The OHSC also promised to consider the process to deal with the plight of employees' school-going children. Employees complained that Eco-Glades Office Park was isolated and far from basic amenities and that they had children in schools in the CBD registered based on the proximity of their workplace. Additionally, access to the new office was also constrained due to peak hour transport, and would create difficulties for them in cases of emergencies during normal working hours. Some children commute with their parents, and there is no provision of relief assistance. Maleka told Motsoaledi to address their concerns as a matter of urgency. 'The relocation decision, in its current form, is risky, undermines staff morale, reduces operational effectiveness, and places undue strain on already limited resources. Failure to act in accordance with these demands will result in the institution of legal proceedings, and national exposure of the ministry's failure to uphold statutory obligations,' he warned.
The Citizen
02-07-2025
- Business
- The Citizen
Empangeni mall construction workers hand over memorandum to employer
Workers at the construction site of the Prince Buthelezi Mall in Empangeni are expected to resume work tomorrow (Thursday) after downing tools and handing over a memorandum of demands to the employer on Wednesday. The National Union of Metal Workers of South Africa (Numsa) affiliated members accused the employer of flouting labour relations laws, having allegedly recruited foreign nationals without legitimate documentation. Leading a peaceful march to hand over a memorandum of demands to the subcontractor, Numsa organiser in Richards Bay, Ntokozo Mhlongo said their gathering was owing to growing dissatisfaction of their members employed by the construction company. 'The employees, with an understanding of the challenges that they are confronted with, have taken a decision to join Numsa and project their chosen union as their shield and spear,' said Mhlongo. The workers' list of demands include that the company should urgently afford the union organisational rights enshrined in Section 21 of the Labour Law Act; recruitment of 90% of residents; compliant with the rate of pay governed by the bargaining council for civil engineering; and payment of workers per national minimum wage. 'There are allegations of workers not being paid for overtime worked, Sundays and public holidays. Numsa wants the company to urgently comply with the Basic Conditions of Employment Act in terms of how Sundays and public holidays should be paid,' said Mhlongo. The union further alleged that 'bullying acts' in the company are not properly addressed by management. 'Numsa, therefore, wants the company to urgently investigate and take appropriate steps as corrective measures on this matter,' added Mhlongo. Speaking on behalf of the mall developers, a spokesperson confirmed that they are aware of the matter and the issues raised on Wednesday morning, but that these have since been resolved, and construction work continues on site. The spokesperson said no construction time had been lost. Addressing employment concerns, the spokesperson said they always place a lot of pressure on the subcontractors to ensure recruitment of local workers. Don't have the ZO app? Download it to your Android or Apple device here: HAVE YOUR SAY Like our Facebook page and follow us on Twitter. For news straight to your phone invite us: WhatsApp – 060 784 2695 Instagram – zululand_observer At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
17-06-2025
- The Citizen
Children must be in school, not at work
Despite the decline, child labour persisted. Child labour has sharply declined in post-apartheid South Africa, due to the department of employment and labour's enforcement of the Basic Conditions of Employment Act, according to experts. This became apparent with World Day Against Child Labour last week. First declared by the International Labour Organisation in 2002, World Day Against Child Labour is intended to foster the worldwide movement against child labour. According to United Nations agency Unicef, child labour still affects nearly 138 million children worldwide. Unicef maintains children globally are routinely engaged in paid and unpaid forms of work. Cosatu national spokesperson Matthew Parks said while the Act prohibited the employment of minors, South Africa has seen 'many employers ignore it'. Where some of the abuses occur Parks said significant abuses occurred in the agricultural, transport and retail sectors. 'Cosatu and its affiliates have focused on ensuring employers comply with the labour laws – exposing those who break the law and reporting offenders to the department of employment and labour,' he said. 'We are encouraged by the department's recent recruitment of 10 000 labour inspectors and plans for a further 10 000 next year. These will be a powerful boost to enforcing labour laws. 'Children must be in school, not at work,' said Parks. ALSO READ: Witness 'too scared to testify' in Chinese human trafficking and child labour case Decline Prof Lucien van der Walt, director of the Neil Aggett Labour Studies Unit at Rhodes University, said child labour has 'to a large extent, sharply declined in post-apartheid South Africa'. 'It is illegal,' said Van der Walt. He said there were third party audits on child labour, conducted by the Sustainability Initiative of South Africa and the Wine and Agricultural Ethical Trade Association. 'A key effect in sectors like agriculture, which used to make fairly extensive use of child labour, no longer do so,' he said. 'A 2025 study by Derek Yu, Simba Murozvi and Clinton Herwel found that child labour under the age of 15 has decreased to less than 1% in commercial agriculture.' Despite the decline, child labour persisted. 'The ability and willingness of the state to carry out inspections is limited, with inspectors sometimes relying on employers' accounts,' said Van der Walt. 'Regulations are in practice, mainly enforced against larger businesses and employers, including farms. 'Statistics tend to only capture regulated activities and work for money. 'Millions are not in reality, covered by regulations – either because of how regulations are framed or because regulations are just not enforced.' Informal sector He said patterns varied by region, 'but there is evidence of ongoing child labour in unregulated or so-called informal parts of the economy'. This included family businesses – based at home or on the street, including small-scale family farms, casual, domestic and taxi labour. 'Not all of this is paid in wages – often it is driven by the family's situation,' he said. 'While larger, regulated employers, have little reason these days to draw on child labour, there is a large pool of unemployed adults, as well as cheap immigrant labour. Such labour is often important in the informal economy.' The informal economy was 'often praised by government and the media, as an engine of growth and jobs'. 'But this romantic picture, hides the reality of battles to survive: low incomes, insecure work, lack of protections, minimum wages, social insurance, abuses like stolen wages, union-bashing and some of the worst working and employment conditions in the country.' NOW READ: New employment code aims to address SA unemployment crisis
