Question 5 Study the extracts below and answer the questions that follow. No. 18491 GOVERNMENT GAZETTE, 5 DECEMBER 1997 Act No. 75 of 1997 BASIC CONDITIONS OF EMPLOYMENT ACT, 1997 ACT To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith. (English text signed by the President.) (Assented to 26 November 1997.) BE IT ENACTED by the Parliament of the Republic of South Africa as follows:- CHAPTER THREE Leave Application of this Chapter 19. (1) This Chapter does not apply to an employee who works less than 24 hours a month for an employer. (2) Unless an agreement provides otherwise, this Chapter does not apply to leave granted to an employee in excess of the employee's entitlement under this Chapter. Annual leave 20. (1) In this Chapter, "annual leave cycle" means the period of 12 months' employment with the same employer immediately following- (a) an employee's commencement of employment; or (b) the completion of that employee's prior leave cycle. 5.1 Identify the short title of the Act. (1 mark) 5.2 In which year was the Act promulgated? (1 mark) 5.3 Does this Act contain a Preamble? Answer "yes" or "no". (1 mark) 5.4 Identify the different sub-sections stipulated in the extracts above. (2 marks)
Answer (1)
5.1 The short title of the Act is the "Basic Conditions of Employment Act, 1997."
5.2 The Act was promulgated in the year 1997.
5.3 No, this Act does not contain a Preamble. A Preamble is usually the introductory part of a statute or act which states its purpose, aims, and justification, but in this text, there is no indication of a Preamble within the given excerpts.
5.4 The different sub-sections stipulated in the extracts above are:
Application of this Chapter: This sub-section has two parts: 1. It states that the Chapter does not apply to an employee who works less than 24 hours a month for an employer. 2. It discusses that unless an agreement provides otherwise, this Chapter does not apply to leave granted to an employee beyond the entitlement under this Chapter.
Annual leave: This sub-section describes the meaning of the "annual leave cycle," which refers to the period of 12 months of employment with the same employer immediately following either the employee's commencement of employment or the completion of the prior leave cycle.
