Prohibition on Forced and Compulsory Labour
Forced Labour is prohibited under the Constitution and BCEA. No person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour on any person. A person who violates this provision commits an offence and may be punished with an imprisonment term for up to 6 years along with a fine.
The Prevention and Combating of Trafficking in Persons Act defines forced labour as a form of exploitation where a person’s labour or services are obtained without their consent through threats, coercion, force, or intimidation. Offenders may face a fine of up to R100 million, imprisonment (including life imprisonment), or both.
Source: § 13 of the Constitution of the Republic of South Africa 1996, § 48 & 93 of the Basic Conditions of Employment Act, 1997 (last amended in 2020); §1, 4(1) & 13 of the Prevention and Combating of Trafficking in Persons Act, 2013
Inhumane Working Conditions
Working time may be extended beyond normal working hours of forty-five hours per week and nine hours a day for workers working less than or equal to 5 days a week, and 8 hours for workers working more than 5 days a week. However, total hours of work, inclusive of overtime, must not exceed twelve hours a day and 55 hours in a week cycle, except in cases of emergency.
For more information on this, please refer to the section on compensation.
Source: §9 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
