BASIC CONDITIONS OF EMPLOYMENT AND CONTRACTUAL RELATIONS

Recent amendments have been passed changing some of key aspects of Labour Legislation in South Africa.  

This legislation is the output of discussions that have taken place with the major stakeholders and attempts to address the various constituent needs in a practical and balanced way.

Basic conditions of employment and contractual relations:

• Notice periods are reduced to one week for workers who have only worked for up to six months.

• A collective agreement may not reduce notice periods to below two weeks if a worker has worked for over a year.

• Collective agreements can increase overtime hours worked per week to a maximum of 15 hours for periods up to two months within a 12 month period.

• Minster may increase 45 hour week if resultant working time arrangements are more favourable and either where:

• It is a collective agreement,

• It is necessitated by operational requirements of the sector (e.g. maritime),

• In respect of the private security or agriculture sectors.

• Minister can determine what should be considered remuneration after consulting NEDLAC for the purposes of calculating notice, severance and annual leave pay.

• Enforcement process is quicker and strengthened.

• Business and Labour on Employment Conditions Commission may appoint alternate delegate.

• Wage determinations are deemed to be sectoral determinations and the small business determination supersedes the wage determinations.  

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