1. Working Hours and Overtime

• Ordinary Working Hours: Employees may not work more than 45 hours per week (typically 9 hours a day if working five days or less, or 8 hours a day if working more than five days a week).
• Overtime: Limited to 10 hours per week and must be paid at 1.5 times the normal wage, or employees may be granted time off in lieu.
• Meal Breaks: At least a 60-minute break after five hours of continuous work.

2. Rest Periods and Weekly Time Off

• Employees are entitled to at least 12 hours of rest between shifts and 36 consecutive hours of rest each week (typically including a Sunday).

3. Leave Entitlements

• Annual Leave: Minimum of 21 consecutive days (or 15 working days) per year of full employment.
• Sick Leave: During a 36-month cycle, an employee is entitled to paid sick leave equal to the number of days they normally work in six weeks.
• Maternity Leave: At least 4 consecutive months of maternity leave. Employers are not legally required to pay during this period, but employees may claim from the UIF.
• Family Responsibility Leave: 3 days per annual leave cycle for situations like the birth of a child, or illness or death of a close family member.

4. Employment Contracts and Record-Keeping

Employers must provide a written employment contract stating the employee’s position, working hours, wages, and other terms.

Employment records (e.g., payslips, attendance) must be kept for at least three years.

5. Termination of Employment

• Notice periods depend on the length of service:
  • 1 week (less than 6 months)
  • 2 weeks (6 months to 1 year)
  • 4 weeks (more than 1 year)
• Notice must be in writing and may not be given during certain types of leave.
• Severance pay is applicable in cases of retrenchment—generally one week’s wages for each completed year of service.

6. Child Labour and Forced Labour

No child under 15 years may be employed, and strict rules govern employment of those aged 15–18, especially regarding hazardous work and school attendance.

All and any forms of forced labour are strictly prohibited.

7. Sectoral Determinations

The Minister of Employment and Labour may publish sectoral determinations to set additional or different conditions for specific industries (e.g., domestic workers, hospitality). These often include minimum wage levels and other standards tailored to the sector.

Enforcement and Compliance

The Department of Employment and Labour is responsible for enforcing the BCEA through the following;

1. Labour Inspectors: They may conduct workplace visits and issue compliance orders.
2. Labour Courts: Handle serious or unresolved disputes.
3. Employment Conditions Commission (ECC): Advises the Minister on wages and conditions.

Non-compliance can result in fines, court order and compensation to affected employees.