SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate and apply an understanding of the Basic Conditions of Employment Act (Act 75 of 1997) 
SAQA US ID UNIT STANDARD TITLE
114274  Demonstrate and apply an understanding of the Basic Conditions of Employment Act (Act 75 of 1997) 
ORIGINATOR
SGB Human Resource Management and Practices 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This Unit Standard is for all people who have to understand and apply the Basic Conditions of Employment Act.

The qualifying learner is capable of:
  • Demonstrating an understanding of the purpose, application of the Basic Conditions of Employment Act.
  • Describing the regulation of working time and leave as set out in the Basic Conditions of Employment Act.
  • Describing the particulars of employment, remuneration and termination of employment as set out in the Basic Conditions of Employment Act.
  • Demonstrating an understanding of the monitoring, enforcement and legal proceedings as set out in the Basic Conditions of Employment Act. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The learner undertaking this Unit Standard should be competent in:
  • Communication at NQF Level 4.
  • Mathematical Literacy at NQF Level 4. 

  • UNIT STANDARD RANGE 
    As articulated in the Specific Outcomes above. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate an understanding of the purpose and application of the Basic Conditions of Employment. 
    OUTCOME NOTES 
    Demonstrate an understanding of the purpose and application of the Basic Conditions of Employment Act. 
    OUTCOME RANGE 
    Application would include inclusions, exclusions and temporary employees. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The major purpose and application of the Basic Conditions of Employment Act is outlined with examples. 

    ASSESSMENT CRITERION 2 
    2. The major features of the Basic Conditions of Employment Act, including prohibition of employment and the functions of the Employment Commission, are listed and explained with examples. 

    ASSESSMENT CRITERION 3 
    3. The major features, period of operation and legal effects of sectoral determinations are listed and outlined, as set out in the Basic Conditions of Employment Act. 

    SPECIFIC OUTCOME 2 
    Describe the regulation relating to working time and leave as set out in the Basic Conditions. 
    OUTCOME NOTES 
    Describe the regulation relating to working time and leave as set out in the Basic Conditions of Employment Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The way in which a day, ordinary hours of work and overtime, meal intervals, rest periods, Sunday work, night work and public holidays are interpreted in the Basic Conditions of Employment Act is explained with examples. 

    ASSESSMENT CRITERION 2 
    2. A description of an employee`s entitlement to annual leave, sick leave, maternity leave and family responsibility leave in terms of the Basic Conditions of Employment Act is given in tabular form. 

    SPECIFIC OUTCOME 3 
    Describe the particulars relating to employment, remuneration and termination of employment. 
    OUTCOME NOTES 
    Describe the particulars relating to employment, remuneration and termination of employment as set out in the Basic Conditions of Employment Act. 
    OUTCOME RANGE 
    Payments on termination refers to ordinary remuneration and severance pay. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The employer?s obligation to maintain written particulars of employment and to inform employees of their employment rights is outlined with examples. 

    ASSESSMENT CRITERION 2 
    2. A presentation is given explaining the employer?s obligation with regard to the keeping of records of payments, deductions, calculations and all information relating to remuneration. 

    ASSESSMENT CRITERION 3 
    3. A presentation is given on the regulations relating to the notice of termination of employment, payment in lieu of notice, the right to accommodation and relevant payment(s) on termination of employment. 

    SPECIFIC OUTCOME 4 
    Demonstrate an understanding of the monitoring, enforcement and legal proceedings as set out. 
    OUTCOME NOTES 
    Demonstrate an understanding of the monitoring, enforcement and legal proceedings as set out in the Basic Conditions of Employment Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. A presentation is given on the enforcement of and monitoring of compliance of the Basic Conditions of Employment Act. 

    ASSESSMENT CRITERION 2 
    2. An explanation is given of the protection of employees against discrimination as set out in the Basic Conditions of Employment Act. 

    ASSESSMENT CRITERION 3 
    3. A presentation is given of the dispute resolution path available for contravention of any of the provisions set out in the Basic Conditions of Employment Act, using examples from a business sector and/or organization. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The knowledge underpinning the above specific outcomes is:
  • The Basic Conditions of Employment Act. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Problem identification and solution in creative ways. 

    UNIT STANDARD CCFO WORKING 
    Team and group work. 

    UNIT STANDARD CCFO ORGANISING 
    Organizing and managing self within the context of organisational transformation. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analyzing information. 

    UNIT STANDARD CCFO COMMUNICATING 
    A systemic approach to the company within the context of a transforming society. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  57612   National Certificate: Arts and Culture Enterprise  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  CATHSSETA 
    Core  93993   National Certificate: Labour Relations Practice  Level 5  NQF Level 05  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Core  61592   National Diploma: Human Resources Management and Practices  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Core  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Core  58309   National Diploma: Project Management  Level 5  NQF Level 05  Reregistered  2023-06-30  SERVICES 
    Elective  61595   Further Education and Training Certificate: Business Administration Services  Level 4  NQF Level 04  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Elective  66489   Further Education and Training Certificate: Foundry Operations  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2013-11-07  MERSETA 
    Elective  59201   National Certificate: Generic Management  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  50245   National Certificate: Maintenance Coordination  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Registered" 
    2010-11-11  TETA 
    Elective  79406   National Certificate: Maintenance Coordination  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered" 
    2015-06-30  MERSETA 
    Elective  58183   National Diploma: Forensic Pathology Support  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Elective  79808   National Diploma: Occupational Safety  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  62829   National Certificate: Law Enforcement: Sheriffing  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  SAS SETA 
    Elective  61729   National Diploma: Policing  Level 6  NQF Level 06  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. Infomage SDF Training Pty Ltd 
    2. QTE Training & Consulting cc T/A QTE (GERMISTON) (TP) 
    3. SDL 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.