Schedule One
PROCEDURES FOR PROGRESSIVE REDUCTION OF MAXIMUM WORKING HOURS



1.   Goal

This Schedule records the procedures to be adopted to reduce the working hours of employees to the goal of a 40 hour working week and an eight hour working day-
  1. through collective bargaining and the publication of sectoral determinations;
  2. having due regard to the impact of a reduction of working hours on existing employment and opportunities for employment creation, economic efficiency and the health, safety and welfare of employees.

2.   Collective bargaining

When during negotiations on terms and conditions of employment, a party to the negotiations introduces the reduction of maximum working hours as a subject for negotiation, the parties must negotiate on that issue.

3.   Role of Employment Conditions Commission

The Commission may investigate the possibility of reducing working hours in a particular sector and area and make recommendations to the Minister thereon.

4.   Investigation by Department of Labour

  1. The Department of Labour must, after consultation with the Commission, conduct an investigation as to how the reduction of weekly working hours to a level of 40 hours per week may be achieved.

  2. The investigation must be completed and the report submitted to the Minister not later than 18 months after the Act has come into operation.

5.   Reports

  1. The Department of Labour must, after consultation with the Commission-
    1. monitor and review progress made in reducing working hours;
    2. prepare and publish a report for the Minister on the progress made in the reduction of working hours.

  2. The Department must publish reports every two years.

  3. The reports must be tabled at Nedlac and in Parliament by the Minister.

  4. The Minister may prescribe the returns to be submitted by employers, trade unions and councils on any matter concerning this Schedule.

Schedule Two
MAXIMUM PERMISSIBLE FINES THAT MAY BE IMPOSED FOR FAILURE TO COMPLY WITH THIS ACT

  1. This Schedule sets out the maximum fine that may be imposed in terms of Chapter Ten for a failure to comply with a provision of this Act.

  2. The maximum fine that may be imposed-
    1. for a failure to comply with a provision of this Act not involving a failure to pay an amount due to an employee in terms of any basic condition of employment, is the fine determined in terms of Table One or Table Two;
    2. involving a failure to pay an amount due to an employee, is the greater of the amount determined in terms of Table One or Table Two.

TABLE ONE:
MAXIMUM PERMISSIBLE FINE NOT INVOLVING AN UNDERPAYMENT
No previous failure to comply R300 per employee in respect of whom the failure to comply occurs
A previous failure to comply in respect of the same provision R600 per employee in respect of whom the failure to comply occurs
A previous failure to comply within the previous 12 months or two previous failures to comply in respect of the same provision within three years R900 per employee in respect of whom the failure to comply occurs
Three previous failures to comply in respect of the same provision within three years R1200 per employee in respect of whom the failure to comply occurs
Four previous failures to comply in respect of the same provision within three years R1500 per employee in respect of whom the failure to comply occurs

TABLE TWO:
MAXIMUM PERMISSIBLE FINE INVOLVING AN UNDERPAYMENT
No previous failure to comply 25% of the amount due, including any interest owing on the amount at the date of the order
A previous failure to comply in respect of the same provision within three years 50% of the amount due, including any interest owing on the amount at the date of the order
A previous failure to comply in respect of the same provision within a year, or two previous failures to comply in respect of the same provision within three years 75% of the amount due, including any interest owing on the amount at the date of the order
Three previous failures to comply in respect of the same provision within three years 100% of the amount due, including any interest owing on the amount at the date of the order
Four or more previous failures to comply in respect of the same provision within three years 200% of the amount due, including any interest owing on the amount at the date of the order

Schedule Three
TRANSITIONAL PROVISIONS

1.   Definitions

For the purposes of this Schedule-
'Basic Conditions of Employment Act, 1983' means the Basic Conditions of Employment Act, 1983 (Act 3 of 1983);
'domestic worker' means an employee defined as a 'domestic servant' in section

1 (1) of the Basic Conditions of Employment Act, 1983;
'farm worker' means an employee who is employed mainly in or in connection with farming activities, and includes an employee who wholly or mainly performs domestic work in home premises on a farm;

'mineworker' means an employee employed at a mine whose hours of work are prescribed in terms of any regulation that is in force in terms of item 4 of Schedule 4 to the Mine Health and Safety Act, 1996 (Act 29 of 1996);

'security guard' means an employee defined as a 'guard' or a 'security guard' in terms of the Basic Conditions of Employment Act, 1983;

'Wage Act, 1957' means the Wage Act, 1957 (Act 5 of 1957);

'wage determination' means a wage determination made in terms of section 14 of the Wage Act, 1957.

2.   Application to public service

This Act, except section 41, does not apply to the public service for 18 months after the commencement of this Act, unless a bargaining council concludes a collective agreement that a provision of this Act will apply from an earlier date.

3.   Application to farm workers

  1. Sections 6A, 10 (2A) and 14 (4A) of the Basic Conditions of Employment Act, 1983, continue to apply to the employment of a farm worker until such time as the matters regulated by those provisions are regulated by a sectoral determination applicable to the farm worker.

  2. Until regulated by a sectoral determination, section 17 (3) applies to farm workers who work after 20:00 and before 04:00 at least five times per month or 50 times per year

4.   Payment in kind of domestic workers and farm workers

  1. The definition of 'wage' in section 1 (1) of the Basic Conditions of Employment Act, 1983, and the definition of 'payment in kind' in the regulations published under that Act continue to apply to the employment of domestic workers and farm workers, until regulated by a sectoral determination.

  2. The Minister may, by notice in the Gazette, amend any cash amount prescribed in the definition of 'payment in kind' in accordance with section 37 of the Basic Conditions of Employment Act, 1983, as if that section had not been repealed.

5.   Ordinary hours of work

An employer may require or permit an employee who is employed as a farm worker, mineworker or security guard to work ordinary hours of work in excess of those prescribed by section 9 (1) and (2) for the period specified in column two of Table One: Provided that-
  1. any condition in column two of Table One is complied with;
  2. the employee's hours of work do not exceed any limit on hours of work in any law or any wage-regulating measure applicable to that category of employee immediately before this Act came into effect;
  3. the employee and his or her employer do not conclude an agreement in terms of sections 11 and 12.

TABLE ONE

Farm workers For a period of 12 months after the commencement date of this Act, provided that the employee's ordinary hours of work do not exceed 48 hours per week.
Mineworkers For a period of 12 months after the commencement date of this Act, provided that the employee's total hours of work do not exceed any limit on hours or work prescribed in any applicable regulation that is in force in terms of item 4 of Schedule 4 to the Mine Health and Safety Act, 1996.
Security guards For a period of 12 months after the commencement date of this Act, provided that the employee's ordinary hours of work do not exceed 55 hours per week; and thereafter for a further period of 12 months, provided that the employee's ordinary hours of work do not exceed 50 hours per week.
Security guards in the private security industry Despite the preceding sentence, for a period of 12 months after the commencement date of a sectoral determination for the private security sector, provided that the employee's ordinary hours of work do not exceed 55 hours per week; and thereafter for a further period of 12 months, provided that the employee's ordinary hours of work do not exceed 50 hours per week.

6.   Leave pay

  1. The entitlement in terms of section 20 (2) of an employee employed continuously before and after the commencement of this Act takes effect on the date on which, but for the enactment of this Act, the employee would next have commenced a leave cycle in terms of section 12 of the Basic Conditions of Employment Act, 1983, or any wage determination.

  2. Any accrued leave to which an employee was entitled in terms of section 12 of the Basic Conditions of Employment Act, 1983, or a wage determination, but which has not been granted by the date on which section 20 (2) takes effect with respect to that employee, must be added to the paid leave earned by that employee in terms of this Act.

  3. Section 22 (3) does not apply to any leave earned by the employee in respect of any period prior to the date on which this Act takes effect.

7.   Pay for sick leave

  1. Table Two applies in respect of any employee, as defined in the Basic Conditions of Employment Act, 1983, in employment at the commencement of this Act.

  2. An employee listed in column one who was in continuous employment before the commencement of this Act for the period set out in column two becomes entitled to the rights under section 22 (2) on the date listed in column three and section 22 (3) on the date listed in column four.

    3. TABLE TWO
    TRANSITIONAL ARRANGEMENTS IN RELATION TO SICK LEAVE

    Employees as defined in the Basic Conditions of Employment Act, 1983 Period of continuous employment before commencement date of this Act Date of entitlement to six weeks' paid sick leave over 36-months sick leave cycle in terms of section 22 (2) Date of entitlement to one day's paid sick leave every 26 days worked during the first six consecutive months of employment in terms of section 22 (3)
    Employees and regular day workers Less than six months Six months after commencement date of employment Date on which employee began employment
    Casual employees Less than six months Six months after commencement date of employment Commencement date of this Act
    Regular day workers and casual employees More than six months Commencement date of this Act Not applicable
    Employees (other than casual workers and regular day workers) Between six and 12 months Commencement date of this Act Not applicable
    Employees More than 12 months At conclusion of current sick leave cycle in terms of section 13 (1) of the Basic Conditions of Employment Act, 1983 Not applicable

  3. Any period of paid sick leave granted to an employee in accordance with Table Two, may be deducted from the employee's entitlement in terms of either section 22 (2) or section 22 (3), if-
    1. it was taken before the commencement of this Act; or
    2. it was taken during the period that the relevant section was in effect with respect to that employee.

8.   Exemptions

Any exemption granted under section 34 of the Basic Conditions of Employment Act, 1983, in force immediately before the commencement of this Act remains in force for the period for which the exemption was granted, or if the exemption was granted for an indefinite period, for a period of six months after the commencement of this Act as if that Act had not been repealed, unless it is withdrawn by the Minister, before the end of such period.

9.   Wage determinations

  1. Any wage determination and any amendment to a wage determination made in terms of section 15 of the Wage Act, 1957, in force immediately before the commencement of the Basic Conditions of Employment Amendment Act, 2002 (hereafter referred to as a 'wage determination') is deemed to be a sectoral determination made in accordance with section 55 of this Act.

  2. Any provision in a wage determination stipulating a minimum term or condition of employment is deemed to be a basic condition of employment defined in section 1 of this Act.

  3. The Minister may amend, cancel, suspend, clarify or correct any wage determination in accordance with Chapter Eight of this Act.

  4. The provisions of a wage determination may be enforced in accordance with Chapter Ten of this Act.

  5. Any prosecution concerning a contravention of, or failure to comply with, a binding wage determination or licence of exemption from 1 November 1998 until the commencement of the Basic Conditions of Employment Amendment Act, 2002, which prosecution commenced prior to or within three months of the commencement date of the Basic Conditions of Employment Amendment Act, 2002, must be dealt with in terms of the Wage Act, 1957, as if the Wage Act, 1957, had not been repealed.

  6. The Director of Public Prosecutions having jurisdiction is deemed to have issued a certificate in terms of section 23 (3) (a) of the Wage Act, 1957, in respect of any contravention or failure contemplated in subitem (5) in respect of which no prosecution is commenced within three months of the commencement date of the Basic Conditions of Employment Amendment Act, 2002.

10.   Exemptions to wage determination

Any licence of exemption granted in respect of a wage determination in terms of section 19 of the Wage Act, 1957, in force immediately before the commencement of this Act is deemed to be withdrawn as from a date six months after the commencement date of the Basic Conditions of Employment Amendment Act, 2002.

11.   Agreements

  1. Any agreement entered into before the commencement of this Act which is permitted by this Act remains valid and binding.

  2. Any provision in a collective agreement concluded in a bargaining council that was in force immediately before this Act came into effect remains in effect for-
    1. six months after the commencement date of this Act in the case of a provision contemplated by section 49 (1) (a) to (d); and
    2. 18 months after the commencement date of this Act in the case of a provision contemplated by section 49 (1) (e).

Schedule Four
LAWS REPEALED BY SECTION 95 (5)



Number and year of law Short title Extent of repeal
Act 5 of 1957 Wage Act, 1957 The whole
Act 48 of 1981 Wage Amendment Act, 1981 The whole
Act 3 of 1983 Basic Conditions of Employment Act, 1983 The whole
Act 26 of 1984 Wage Amendment Act, 1984 The whole
Act 27 of 1984 Basic Conditions of Employment Amendment Act, 1984 The whole
Act 104 of 1992 Basic Conditions of Employment Amendment Act, 1992 The whole
Act 137 of 1993 Basic Conditions of Employment Amendment Act, 1993 The whole
Act 147 of 1993 Agricultural Labour Act, 1993 Chapter 2
Act 50 of 1994 Agricultural Labour Amendment Act, 1994 Section 2
Act 66 of 1995 Labour Relations Act, 1995 Section 196