Basic Conditions of Employment: More true answers to tricky questions

13 August 2010

Presented by
Professor Barney Jordaan / Mr Tariq Jamodien of Maserumule Consulting (Pty) Ltd / Senior Commissioner for CCMA

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More true answers to “grey” areas in the BCEA – consider the following:

 True or false?

• An occasional worker has fewer rights than a permanent employee
• A “casual” does not have to be paid extra for work on a public holiday
• Employees may be paid a flat rate (including overtime pay, sick leave, etc.)
• A contract of employment must be signed by both parties
• Company policies are also regarded as conditions of employment
• An employer can insist on a medical certificate even if an employee is absent for less than 3 days
• When an employee is sick, you can insist that the employee sees a company doctor
• If an employee falls ill during annual leave, the annual leave entitlement must be extended
• Doctors’ visits before maternity must be regarded as sick leave
• Absence due to an injury on duty is regarded as sick leave
• A fixed term employee is only entitled to proportionate sick leave (not the entire 3 year cycle)
• You may deduct an overpayment from the employee’s salary without consent
• A resignation must be in writing
• Managers can be required to work overtime, on Sundays and public holidays without receiving additional pay
• Hours of work can be changed after reasonable consultation with employees
• Employees can be dismissed for refusing to work overtime
• Employers have to recognize religious holidays that are not official public holidays
• An employer may not compel employees to take leave between Christmas and New Year
• If an employee resigns, the employer may insist that the employee takes outstanding leave during the notice period
• Unlike statutory leave, non-statutory leave may be forfeited
• Annual leave accrues during maternity leave
• Common law partners must be recognized for the purposes of family responsibility leave