TEST 1 (Marking Guideline)
TEST 1 (Marking Guideline)
2.
2.1 Parental leave √√
2.2 Working hours √√
2.3 Child labour √√
2.4 Termination of employment √√
3. Discuss the impact of the BCEA on businesses. (6)
Positives/Advantages
•
Creates a framework√ of acceptable employment practices√ e.g., work hours,
leave, etc.
• Promotes fair treatment√ of employees in business. √
• Encourages consultation√ between employers and employees. √
• Outlines minimum requirements√ that form the basis of employment
contracts. √
• Work hours are specified√ so that the employer cannot exploit employees. √
• The rules and regulations are very specific√, which clearly guides the
employer on how to deal with employment issues. √
• Employees are permitted to consult labour unions√ in cases where the BCEA
conditions are violated. √ (Relationship with LRA)
• Employees may submit complaints√ to labour inspectors who can address it.
√
AND/OR
Negative/Disadvantages
• Developing/Drafting a formal/legal employment contract√ may be time-
consuming/costly. √
• Businesses may regard employment contracts negative and may not
implement it√, which result in non-compliance/penalties. √
• No employer may force an employee to work more than 45 hours in a week.
√This may result in reduced productivity. √
• Hiring cheap labour is no longer possible√, so businesses cannot exploit
workers. √
• BCEA forces businesses to comply with many legal requirements√, which
may increase labour costs. √
• Businesses not complying to the Act, may be charged with high penalties, √
which may affect their cash flow negatively. √
• Businesses may consider the provisions of the BCEA as unimportant√ and an
unnecessary administrative burden that increase operating costs. √
(MAX: 4 MARKS)
•
Labour inspectors may serve a compliance order by writing to the Department
of Labour √√
• The Director General may agree/change/cancel the compliance order. √√
• Labour inspectors may investigate/inspect/ask questions about complaints
and remove records as evidence. √√
• Businesses may be taken to the labour court for a ruling. √√
• Businesses that are found guilty of non-compliance may face heavy fines/
penalties. √√
• They can be ordered to pay compensation and damages to the employee. √√
(MAX: 4 MARKS)
5. Discuss the impact of the EEA on businesses.
Positives/Advantages
• Promotes equal opportunity√ and fair treatment in the workplace√
• Promotes the implementation of affirmative action measures√ to redress the
imbalances in employment. √
• Provides all employees with an equal opportunity√ to be selected/appointed/
promoted in a position. √
• Provides employees with legal recourse√ if they believe they have been
unfairly discriminated against. √
• Motivates employees√ because the workforce is more
diverse/representative/inclusive√
• Encourages diversity in business√ by employing people from various racial
backgrounds. √
• Encourages consultation√ between employer and employees. √
• Prevents unfair discrimination√ as it ensures that the workforce represents the
demographics of the country. √
• Businesses are in a better position to negotiate contracts√ with the
government/√Impacts positively of BEE ratings of businesses
• Certified psychometric tests may be used to assess applicants/employees√ to
ensure that suitable. √
AND/OR
Negatives/Disadvantages
•Increased administration burden√, as businesses must compile/submit
employment equity reports every two years. √
• Expensive to train/employ someone√ who knows little about the Act. √
• Fines/Penalties for non-compliant businesses√ may be expensive for the
business. √
• Employers have to appoint one or more senior managers to ensure the
implementation of the plan√, which increases salary expenditure√
• Businesses must submit a compliance certificate√ before they can conduct
business with state businesses√
• Businesses are sometimes pressurised to appoint an unsuitable EE person√
to meet EE requirements√
• Often positions go unfilled√ because there are no suitable EE candidates√
(Max: 4 marks)