Basic Conditions of Employment

The Basic Conditions of Employment Act 75 of 1997 (BCEA) sets the minimum standards for employment in South Africa. It applies to almost all employees. Employers cannot contract out of these minimums — any term in your contract that gives you less than the BCEA provides is invalid.

Working hours

• Maximum ordinary hours: 45 hours per week (9 hours a day if you work 5 days; 8 hours a day if you work more than 5 days)
• Overtime: Maximum 10 hours per week of overtime. Overtime must be paid at 1.5× your normal rate, or you can agree to take time off in lieu
• Rest periods: At least 60 consecutive minutes off after 5 hours of work; at least 12 consecutive hours off between working days; at least 36 consecutive hours off per week (usually Sunday)

If you have a neurodivergent condition that is worsened by overwork, fatigue, or schedule disruption, these protections are important baseline rights. Requesting flexible hours or modified schedules as a reasonable accommodation sits on top of these minimums.

Sick leave

You are entitled to 30 days of paid sick leave in every 3-year cycle (based on a 5-day work week). In the first 6 months of employment, sick leave is limited to 1 day per 26 days worked.

An employer may require a medical certificate for absences of more than 2 consecutive days, or for more than 2 separate occasions in an 8-week period. A medical certificate from any registered medical practitioner is valid — this includes a GP who can certify that you needed to stay home for a mental health or neurodivergent-related reason, without necessarily disclosing the specific diagnosis.

Dismissal

A dismissal must be both procedurally fair and substantively fair. Dismissing an employee because of their disability is automatically unfair under the Labour Relations Act.

• Procedurally fair: You must receive notice of the allegation against you, an opportunity to respond, and a written outcome
• Substantively fair: There must be a valid reason for dismissal — disability alone is not a valid reason
• Incapacity: If an employer believes a disability prevents you from performing your job, they must follow an incapacity process — including considering whether reasonable accommodation could resolve the issue — before dismissal

Referring to the CCMA

If you believe you have been unfairly dismissed:

1. Refer the dispute to the CCMA within 30 days of the dismissal
2. Complete Form 7.11 (available from ccma.org.za or any CCMA office)
3. The CCMA will attempt conciliation first; if that fails, the matter proceeds to arbitration (if it is a misconduct or incapacity dismissal) or the Labour Court (if it is an automatically unfair dismissal)