Prohibition on Forced and Compulsory Labour
Forced Labour is prohibited under the Constitution and the 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 3 years along with a fine.
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 2014)
Freedom to Change Jobs and Right to Quit
Workers have the right to change jobs after serving due notice on their employer. For more information, please refer to the section on employment security.
Inhuman Working Conditions
Working time may be extended beyond normal working hours of forty five hours per week and nine hours a day for the workers working less than or equal to 5 days a week and 8 hours for the workers working more than 5 days in 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 2014)
Regulations on Forced Labour
Basic Conditions of Employment Act, 1997 (amended in 2002 & 2013)
Constitution of the Republic of South Africa, 1996