Act no. 75 of 1997. Basic conditions of employment.

This Act, divided into eleven Chapters and consisting of 96 articles, implements article 23 of the Constitution of South Africa on the right to fair labour practices, and provides for the establishment of basic conditions of employment and for regulating their variation, and for giving effect to obligations incurred by South Africa as a member State of the International Labour Organisation. This Act applies to all employees and employers except members of the National Defence Force, the National Intelligence Agency, the South African Secret Service, and persons employed on vessels at sea (except for section 41), and unpaid volunteers working for organisations serving charitable purposes. This Act provides for definition of relevant terms, including farm worker, as an employee who is employed mainly in or in connection with farming activities. Matters covered by the Act concern: regulation of working time; annual, maternity, sick leave; particulars of employment and remuneration; termination of employment; prohibition of employment of children and forced labour; variation of basic conditions of employment; sectoral determinations; employment conditions commission; monitoring, enforcement and legal proceedings, including appointment and functions of labour inspectors; protection of employees’ rights and dispute settlement; offences and penalties.