The BCEA Sets the Floor — Your Contract Can Only Go Higher
The Basic Conditions of Employment Act 75 of 1997 (BCEA) establishes minimum conditions for all employment contracts in South Africa. Any clause in your contract that falls below these minimums is automatically replaced by the BCEA standard — whether your employer intended it or not.
Here's what every employment contract must include, and what to watch for.
Working Hours (BCEA Section 9-16)
Legal minimum: Maximum 45 ordinary hours per week (9 hours/day for 5-day week, 8 hours/day for 6-day week).
Overtime: Maximum 10 hours overtime per week, paid at 1.5x normal rate (or 2x on Sundays/public holidays).
What to check: Does your contract specify working hours? If it says "as required by the business" with no cap, this is problematic.
Leave Entitlements (BCEA Section 20-27)
Annual leave: 21 consecutive days per year (or 1 day for every 17 days worked).
Sick leave: 30 days paid sick leave over a 3-year cycle. In the first 6 months, you're entitled to 1 day for every 26 days worked.
Family responsibility leave: 3 days per year for birth of child, illness of child, or death of immediate family member.
Maternity leave: 4 consecutive months unpaid (UIF provides partial income replacement).
What to check: Contracts offering less than these amounts are illegal. However, contracts can offer MORE — and many do. Make sure your contract is at least at the BCEA minimum.
Notice Periods (BCEA Section 37)
Legal minimums:
- Less than 6 months employed: 1 week notice
- 6 months to 1 year: 2 weeks notice
- More than 1 year: 4 weeks notice
What to check: Your contract can specify longer notice periods, but never shorter than the BCEA minimum. If your contract says "1 week notice" but you've worked there for 2 years, the BCEA minimum of 4 weeks applies regardless.
Restraint of Trade Clauses
Not covered by BCEA — governed by common law.
What to check: Restraint clauses must be reasonable in duration (typically 1-2 years maximum), geographic scope, and business scope. Overly broad restraints ("you may not work in any related industry anywhere in South Africa for 5 years") are likely unenforceable.
Financial exposure: If enforceable, you could be prevented from earning income in your field for the restraint period. Legal costs to challenge: R50,000 - R150,000.
Deductions from Salary (BCEA Section 34)
Your right: Your employer may not deduct from your salary without your written consent, except for deductions required by law (PAYE, UIF, etc.) or by court order.
Red flag: Clauses allowing deductions for "damages," "stock shortages," or "training costs" without specifying amounts or getting your written agreement.
Probation Periods
What the law says: The LRA (Section 188) allows probation but requires fair process. You cannot be dismissed during probation without proper evaluation, feedback, and an opportunity to improve.
What to check: Unreasonably long probation periods (over 6 months for most roles) and clauses that suggest probation means "employment at will."
For Employers: What You Must Include
Under BCEA Section 29, every employer must provide written particulars of employment within the first day of work, including:
1. Full name and address of employer
2. Name and occupation of employee
3. Place of work
4. Date of commencement
5. Working hours
6. Remuneration and payment frequency
7. Leave entitlements
8. Notice period required
9. Description of any council or sectoral determination
Failure to provide these: While the employment relationship still exists, this creates legal risk during disputes and may result in adverse findings at the CCMA.
What to Do Next
Whether you're an employer drafting contracts or an employee reviewing one, use ContractGuard to instantly check your employment contract against BCEA requirements. Our AI identifies below-minimum clauses, missing required terms, and potential risks — in under 3 minutes.