πŸ‡ΏπŸ‡¦ Official BCEA Compliance Guide 2024

Complete BCEA Compliance Guide

Master South African labour law with our comprehensive guide to the Basic Conditions of Employment Act. Stay compliant, avoid penalties, and protect your business with expert guidance updated for 2024 requirements.

21
Annual Leave Days
Minimum consecutive days per year
30/36
Sick Leave Cycle
Days per 36-month cycle
3
Family Leave
Days per annual cycle
12
Public Holidays
Official South African holidays
3 years
Record Retention
Minimum document storage
R500k
Maximum Fine
For serious BCEA violations

What is the BCEA?

The Basic Conditions of Employment Act (BCEA), Act 75 of 1997, is South Africa's primary labour law regulating working conditions. It sets minimum standards for employment, including leave entitlements, working hours, and termination procedures.

All employers in South Africa must comply with the BCEA, and failure to do so can result in significant fines, penalties, and legal action. LeaveHub is built to ensure your business stays BCEA-compliant automatically.

BCEA Leave Entitlements

Annual Leave

Employees are entitled to 21 consecutive days of annual leave per annual cycle, or 1 day for every 17 days worked.

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At least 21 consecutive days per year
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Leave may only be taken by agreement
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Leave must be granted within 6 months of becoming entitled
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Payment must be made before leave is taken

Sick Leave

Employees are entitled to paid sick leave equal to the number of days they would normally work in 6 weeks during a 36-month cycle.

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30 days paid sick leave per 3-year cycle (for 5-day week)
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Medical certificate required after 2 consecutive days
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Sick leave accrues from first day of employment
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Unused sick leave does not carry over

Maternity Leave

Female employees are entitled to at least 4 consecutive months of maternity leave.

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Minimum 4 consecutive months
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May commence 4 weeks before expected birth
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At least 6 weeks must be after birth
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UIF benefits available for qualifying employees

Family Responsibility Leave

Employees working more than 4 days a week are entitled to 3 days family responsibility leave per annual cycle.

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3 days per year (after 4 months service)
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Only for specific family events
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Includes birth, illness, or death of family member
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Cannot be accumulated year-to-year

Study Leave

Not a statutory requirement under BCEA, but many employers offer study leave as part of skills development.

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Not mandated by BCEA
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Typically governed by company policy
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May be linked to Skills Development Act
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Often requires pre-approval and results

Penalties for Non-Compliance

Failure to comply with BCEA requirements can result in serious consequences:

  • β€’Fines of up to R500,000 for serious violations
  • β€’Legal action and CCMA disputes from employees
  • β€’Reputational damage and loss of business licenses
  • β€’Back-payment of leave and compensation to employees

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