Why do employers still break the BCEA?

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KalMaverick

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Correct me if I'm wrong but Link basically states that an employee cannot be forced to work on a public holiday and if they do they must be paid 2x their wage.

So how can an employer demand their employee who has a 6 day working week (Mon - Sat) work on the Saturday (16 June - Youth Day) and not pay the proper rate?

Am I misunderstanding the law, are employers ignorant, or do they just take chances?
 
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I am not an expert, but one of the guys on MyBB that is, did say something about certain conditions which make you "immune" to that statement. It had something with rank/yearly salary, etc. I would suggest that you search on the forum for other labour threads as I know it was covered nicely somewhere.
 
froot said:
something about certain conditions which make you "immune" to that statement.
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Annual salary above 172k I think.

The 2x thing is mainly aimed at wage earners I think. The lower down the ranks you go the less negotiating power the employee has (easy to replace), so this is partially aimed at preventing exploitation.
 
The person is within the limits so I don't see how the employer justifies it.
 
It's because companies easily pressure employees into working. The gym I go to, I speak to the staff there, and they are constantly bullied into working longer then they should. Recently they had their working hours increased but no pay increase which was against their contract. The biggest problem is that these people will whine and moan but will not stand up for themselves the first time something happens and are then taken for a ride on constant occasion after that. Also, many managers don't care about the goings on of their subordinates. As long as they are receiving their salary they are happy.
 
^^vampire^^ said:
It's because companies easily pressure employees into working. The gym I go to, I speak to the staff there, and they are constantly bullied into working longer then they should. Recently they had their working hours increased but no pay increase which was against their contract. The biggest problem is that these people will whine and moan but will not stand up for themselves the first time something happens and are then taken for a ride on constant occasion after that. Also, many managers don't care about the goings on of their subordinates. As long as they are receiving their salary they are happy.
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probably because most people think further than their noses (longer term) and realise they will be victimised if they stand up for themselves (most times to a point where they are dismissed).
 
Seems there needs to be bigger repercussions for those not following the act.
 
I used to wonder why certain banks have so many "managers", and then I read some of the BCEA and how some conditions explicitly exclude managers. Then my mind was blown.
 
I worked in a small business and there was no such thing a BCEA at all. People were "casuals" for 18 years and not on the books. Every law under the son was broken and fraud was rampant and when the going got tough the company closed down and opened under the wifes name.
 
waynegohl said:
I worked in a small business and there was no such thing a BCEA at all. People were "casuals" for 18 years and not on the books. Every law under the son was broken and fraud was rampant and when the going got tough the company closed down and opened under the wifes name.
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thats why I laugh at muppets that "go the extra mile for work". Everyone is in it for themselves. No overtime, no after-hours work. If its not on the job description, it doesnt get done.
 
ambroseg1 said:
thats why I laugh at muppets that "go the extra mile for work". Everyone is in it for themselves. No overtime, no after-hours work. If its not on the job description, it doesnt get done.
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That's where the poo starts. Where do you draw the line with regards your working conditions or hours or scope of work? I know that the guys worked their butts off and went the extra mile and got kicked in the nuts for it but because they went that extra mile the boss expects it every time.
 
It's insane, my girlfriend is/was in a similar position.

She's the type that would go the extra mile but it goes unappreciated. Luckily for her she got a better offer somewhere else. So is leaving the place.

Employers cannot expect any loyalty if they treat their employees like crap. It would explain the high staff turnover.
 
Got news recently....limit raised to R183 008. Not sure when it comes into effect.
 
waynegohl said:
That's where the poo starts. Where do you draw the line with regards your working conditions or hours or scope of work? I know that the guys worked their butts off and went the extra mile and got kicked in the nuts for it but because they went that extra mile the boss expects it every time.
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yip. the moment you do extra once, it becomes expected then you screwed.
 
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