Question 1

What does BCEA compliance actually require from me as an employer?

Accepted Answer

The Basic Conditions of Employment Act sets minimum standards for working hours (max 45/week), leave entitlements (21 consecutive days annual leave), overtime pay (1.5x for the first 3 hours), and notice periods. Every employment contract must reflect these minimums — offering less is not enforceable, even if the employee agreed in writing.

Question 2

How many days of annual leave must I give employees in South Africa?

Accepted Answer

Employees are entitled to 21 consecutive days (15 working days on a 5-day week) of annual leave per leave cycle. The BCEA prohibits leave pay-outs in lieu of actual leave during employment — employees must take the leave.

Question 3

What are my POPIA obligations when storing employee data?

Accepted Answer

Under POPIA you must process personal data lawfully, collect only what's necessary, store it securely, and delete it when no longer needed. Employees have the right to access their data and request corrections. You must notify the Information Regulator and affected employees within 72 hours of a data breach.

Question 4

Do I need a written employment contract for every employee?

Accepted Answer

Yes. The BCEA requires you to provide written particulars of employment to every employee within the first month. Verbal agreements are legally risky — if disputed, the employee's version often prevails. NexumHR generates BCEA-compliant contracts automatically at the point of hire.

Question 5

What are my obligations under the UK Working Time Regulations?

Accepted Answer

Workers cannot work more than 48 hours per week on average (over a 17-week reference period) unless they've signed a voluntary opt-out. They're entitled to 28 days paid annual leave (including bank holidays), 11 hours rest between shifts, and an uninterrupted 20-minute break for shifts over 6 hours.

Question 6

How does UK GDPR affect how I manage employee records?

Accepted Answer

UK GDPR requires a lawful basis for processing employee data (usually 'contractual necessity' or 'legitimate interest'). You must issue a privacy notice to employees, keep data accurate and secure, and respond to Subject Access Requests within 30 days. Post-Brexit UK GDPR mirrors EU GDPR but is enforced by the ICO.

Question 7

When does an employee gain unfair dismissal rights?

Accepted Answer

Employees gain the right to claim unfair dismissal after 2 years of continuous employment. Before that threshold, dismissal is lower-risk, but discrimination claims (which have no qualifying period) remain a significant exposure. Always document performance issues and follow a fair process regardless of tenure.

Question 8

Do I need to auto-enrol part-time employees into a pension?

Accepted Answer

Yes, if they're aged 22–State Pension Age and earn over £10,000/year. Workers earning between £6,240–£10,000 can opt in. You must contribute a minimum 3% employer contribution on qualifying earnings. Staging deadlines apply from the first day of employment — there's no grace period.