September 30, 2020

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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E]mployment is a relationship in which one person is obliged, by contract or otherwise, to place his or her capacity to work at the disposal of soth [ Actual amount paid to the worker.

However, this discretion is strictly controlled by the Act. Eight hours a day if a worker works more than five days a week.

This distinction is, however, drawn in the Code of Good Practice: If he were to cease remuneration, this would constitute a breach of contract. Where an employee has warranted that he possesses a particular degree of skill, he must satisfy that representation. Substantive fairness in this context refers to the reason for the suspension. The Labour Courts generally do not award costs against the other party unless such party has acted frivolously, vexatiously or unreasonably in bringing or conducting the proceedings.

If there is a practice of advertising the posts, soith may not, without good reason, depart from that policy. In the past, the concept of “unfair labour practice” was broadly defined. Daily, weekly, fortnightly or monthly. Usually the employer will pay the other half, but this is not required in the Basic Conditions of Employment Act.

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. In a sense, in cases of selective re-employment, [62] the employment relationship continues even after the employment contract itself has been terminated.

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The control test focuses on the element of “control” exercised by the employer over the employee. The common law afforded the employee virtually no protection against unfair dismissal. This does not need to be a formal enquiry. The relationship is viewed as a whole; a conclusion is drawn from the entire picture. The LRA sets out a procedure for the registration of trade unions and employer organisations. Unfair dismissals now fall into four categories:.


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. Number of hours worked on a Sunday or public holiday during that period.

National Labour Law Profile: South Africa

It must be noted that different jobs may take different lengths of time to determine suitability. Victims of automatically unfair dismissals will invariably be reinstated unless they choose compensation instead. Delays, particularly in the Labour Court, afgica increasing. The LRA fosters and rewards representative unionism.

The Basic Conditions of Employment Act – South Africa

The LRA gives recognition to organisational rights in Sections 12 and Issues such as night work, holidays and public holidays are also covered.

Afria have argued that the Labour Relations Act undermines the flexibility required for the free market to exist. The BCEA makes it a criminal offence to employ a child under 15 years of age or under the minimum school-leaving age, if this is older.

If damages are incurred as a result of a breach of one of these duties, the employer may claim compensation. The firm accordingly dismissed her, but the court held that this was automatically unfair. Both the verdict and the penalty must be communicated. If after conciliation the dispute remains unresolved, the parties may then refer the dispute to the labour court for adjudication or to arbitration, if it is so agreed by the parties. As noted above, the Basic Conditions of Employment Act provides the minimum standard to be achieved; employers must, at the very least, abide by the Basic Conditions of Employment Act.

The employees contended that the real reason why they were fired was because they were on strike. The origin of South Africa’s modern contract of employment lie in Roman law, where a distinction was made between the two types of contracts discussed above: If the main reason for the dismissal is the employee’s pregnancy, the employer may not rely on an ancillary reason like the employee’s alleged deceit in not disclosing her condition.


A non official website which provides access to different sources of the labour law: Finally, the Code recommends that policy statements on sexual harassment be communicated effectively to all employees. The main obligation of the employee under the contract is to place his personal services at the disposal of his employer. Outsourcing is generally not supported by trade unions, who represent employees. There is an increasing propensity by employees to avail themselves of their rights in terms of employment related legislation.

Where the unfairness is less serious, the employee may seek an alteration of the conditions of the suspension or require that the employer hold a disciplinary hearing within a specified time. After expiry of the probationary period, the employer is entitled to decide whether to retain the services of the employee on a permanent basis.

They are not always clearly distinguishable. Employment bcwa are of two types. It excludes independent contractors. The meaning of dismissal has been extended by statute to include: The starting point should be that a written soutb of employment is not strictly a necessary requirement for the validity of an employment relationship. Ordinary pay rate and overtime pay rate. The formulation of disciplinary rules is the responsibility of the employer.

South African labour law

What then are those statutory hours of work? It is not a “knee-jerk response” to all serious offences.

If and when any of the above details change, the employee is to be notified of the change and be given a copy of the change. The ultimate difference between an employee and an independent contractor is that the principal has no legal bceaa to prescribe the manner in which the independent contractor brings about the desired result, but may prescribe methods by which the employee works.