Employee and Recruitment

Basic Conditions of the Employment Act

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3.1 Application

The chapter on leave does not apply to an employee who works less than 24 hours a month for an employer and to leave granted in excess of the leave entitlement under this chapter.

3.2       Annual leave : Sections 20 & 21

3.2.1   Employees are entitled to 21 consecutive days’ annual leave or by agreement, one day for every 17 days worked or one hour for every 17 hours worked.

3.2.2   Leave must be granted not later than six months after the end of the annual leave cycle.

3.2.3   An employer must not pay an employee instead of granting leave except on termination of employment.

3.3       Sick leave : Sections 22 – 24

3.3.1   An employee is entitled to six weeks’ paid sick leave in a period of 36 months.

3.3.2   During the first six months an employee is entitled to one day’s paid sick leave for every 26 days worked.

3.3.3   An employer may require a medical certificate before paying an employee who is absent for more than two consecutive days or who is frequently absent.

3.4       Maternity leave : Sections 25 & 26

3.4.1       A pregnant employee is entitled to four consecutive months’ maternity leave.

3.4.2   A pregnant employee or employee nursing her child is not allowed to perform work that is hazardous to her or her child.

3.5       Family responsibility leave : Section 27

3.5.1   Full time employees are entitled to three days paid family responsibility leave per year, on request, when the employee’s child is born or sick, or in the event of the death of the employee’s spouse or life partner, or the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

3.5.2   An employer may require reasonable proof.

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  1. Thabo Mosebi Reply

    I work for Graftech SA since 08/11/2010 and I have joined that company as a millwright. From day 1 of my employment in this company, I have been acting as a supervisor. I have not been appointed and my bosses do not give me answers f I raise questions about my appointment.
    What does our South African law say about relieving this long without appointment?

  2. Hi! which section of employment law deals with verbal abuse offences and what can be charges for this offence

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