Labour Guide South Africa offers a wealth of Labour Law information and The summary to be kept by an employer in terms of Section 30 of The BCEA is. Labour Guide South Africa offers a wealth of Labour Law information and favorable to the employee than the corresponding condition contained in the BCEA. The Constitution of South Africa, Act of was adopted on 10 May and came into . The Basic Conditions of Employment Act 75 of (BCEA).
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The first question to be asked, when seeking to resolve any labour law problem, is whether the parties are indeed “employees” and “employers” within the meaning of the applicable statute or the common law.
Class Actions There is no specific provision for class actions in our Labour Courts. Mere failure on occasion to greet the employer or superiors will not place employees in breach of their obligation to show respect.
Without an employment relationship between the parties, the rules of labour law do not apply. The LRA distinguishes between protected and unprotected strikes.
In light of this, the appointment amounted to a promotion. In the event that a party can establish that the delay is due to the fault of the other party in not expeditiously pursuing his or her remedies, the court is empowered to take such delay into account in sourh compensation.
In the CCMA legal representation is permitted, save for incapacity and misconduct cases where legal representation is in the discretion of the commissioner and must be on application by one or both beca. It again provides certainty to the parties to the employment relationship.
South African labour law
The LRA sets out a procedure for the registration of trade unions and employer organisations. Section 5 further prohibits prejudicing employees for failing or refusing to do anything that an employer may not lawfully require of him. Get or try to get a document by stealing, lying or showing a false or forged document. The court held that the employer had made the employee’s life unbearable due to the fact that he was a shop steward; the dismissal was therefore automatically unfair.
Payment An employer must pay a worker: The Minister is empowered to extend the provisions of the Basic Conditions of Employment Act to non-employees in specific circumstances. The main obligation of the employee under the contract is to place his personal services at the disposal of his employer.
Once the employee has proven that there has been a differentiation, the EEA and Constitution provide that it is presumed to have been unfair discrimination.
Note, again, that only “employees” may be dismissed. The resultant report of the Commission went on to change the face of South African labour relations and labour law. Employers may make HIV testing available to employees as part of a “wellness” program, provided that it takes place confidentially and on the basis of informed consent. Both the verdict and the penalty must be communicated.
The power to control has traditionally been regarded as the hallmark of the employment contract. Again, once the employee proves that there was discrimination, the onus shifts to the employer to prove that the discrimination was fair.
Factors which may determine whether or not a rule is justified include the following:. Bargaining Councils have been established by the LRA and are by definition, statutory bodies that registered unions and employer organisations may voluntarily and co-operatively establish within a specific economic sector.
Basic Conditions of Employment Act – Summary | Western Cape Government
osuth The assessments referred to in Item africq must be done in order to determine whether a dismissal would be appropriate in the circumstances. The reason for this, it has been contended, is that, prior tothis area of law was based on the incorrect assumption that there existed equal bargaining power between employer and employee. Item 11 afgica the Code provides that any person determining whether a dismissal arising from ill health or injury is unfair should consider.
The key bargaining-promoting measures include:. The Constitution is the successor of the earlier interim Constitution, Act ofwhich was brought into effect on 27 Aprilfollowing the first democratic elections in South Africa.
In addition, those of apprentices and candidate attorneys must also be registered with the appropriate authorities. As with other disputes, souyh in relation to alleged unfair labour practices must first be referred to the CCMA for conciliation.
Relief may be in the form of a declaratory order, protective promotion, remitting the matter back to the employer aftica reconsideration, and reinstatement to a previous position in the case of demotion. Fair afrifa are composed of two golden threads: Before the Labour Relations Act  LRAas long as the employer gave the required period of notice, dismissal or probation was acceptable.
If damages are incurred as a result of a breach of one of these duties, the employer may claim compensation. The LRA gives recognition to africaa rights in Sections 12 and It is emphasised that it is through fair soutb that fair decisions are generally reached. Defence Issues The Labour Courts generally do not award costs against the other party unless such party douth acted frivolously, vexatiously or unreasonably in bringing or conducting the proceedings.
Item 4 3 of the Code requires that, if the penalty is dismissal, the employee must be given the reason for it, and must be reminded of any rights to refer the matter to a bargaining council with jurisdiction, or to the CCMA or any dispute resolution procedure established in terms of a collective agreement. Such relief is often based on the failure of employers to properly comply with the strict procedural requirements associated with dismissal in South Africa to which reference will be made below and to seek compensation in respect thereof.
This means that, when we work, we offer our services to another person, and agree that the other person will be able to tell us what to do, when to do it, how to do it and where to do it.
A key requirement of the Employment Equity Act is the elimination of all barriers, particularly unfair discrimination, in the workplace. In Dierks v Unisahcea the employee had been employed by means of a series of fixed-term contracts.
The employer must notify the employee of the allegations against him. If the employee is dismissed, the employee should be given the reason for dismissal and reminded of any rights to refer the matter to a council with jurisdiction or to the commission, or to any dispute resolution procedures established in terms of a collective agreement.
Protected strikes and lock-outs are those which comply with the procedures as laid down in Chapter IV to the LRA, namely: Damages and compensation granted are normally limited to 24 months in respect of automatically unfair dismissals and 12 months in respect of unfair dismissals and are not strictly linked to patrimonial loss. There may be a fair differentiation between employees on the basis, for example, of educational qualifications or experience or seniority.
The affected party can approach the Labour Court for an afriica or order restraining a strike or lockout.
National Labour Law Profile: South Africa
This means that if there is something in the employment agreement that is in conflict with the Act, the Act will apply to that particular clause that is in conflict and not the contract.
The period between saw the birth of the new democratic South Africa. Soutg Constitution of South AfricaAct of was adopted on 10 May and came into effect on 4 February Designated employers are required to submit a statement to the Employment Conditions Commission about the remuneration and benefits received by employees in each occupational category and level. The EEA prohibits “psychological and other similar assessments” of employees, unless such an assessment.
It goes on to say, however, that sexual attention will only become sexual harassment. Item 3 4 gives a list of examples of serious misconduct that may result in a disciplinary enquiry and possible dismissal for a first occurrence.