"I doubt one can find words to thank someone like yourself for the understanding and concern you showed towards me"..." a very big THANK YOU Labour Protect"... "Your organization has been absolutely fantastic"..."You are the best"..."You made me feel important, cared for and special"..."You showed concern for my plight and acted promptly"..."I will be giving this advice to all Professional Employees out there that this must be their top priority to join Labour Protect"..."Thank you Labour Protect"...†S.E. ...Century City Cape Town
   

>> Labour Law

  LABOUR LAW: Finding the Labour Law in South Africa...  and links to the labour law legislation
SOUTH AFRICAN LABOUR LAW LEGISLATION    
ACT WHAT IS COVERED BY THE LEGISLATION
LABOUR RELATIONS:

Labour Relations Act, No 66 of 1995

( extracts from the LRA)

Freedom of association and general protections; collective bargaining; collective agreements; Bargaining Council; Statutory Councils; strikes and lock-outs; workplace forums; trade unions and employers' organisations; regulation of federations of trade unions and employers' organisations; registrar of labour relations; dispute resolution; Commission For Conciliation, Mediation and Arbitration; accreditation of and subsidy to Councils and private agencies; resolution of disputes under auspices of Commission; Labour Court; Labour Appeal Court; unfair dismissal;  temporary employment services; contracts of employment may not disregard or waive collective agreements or arbitration awards; representation of employees or employers; confidentiality; service of documents; codes of good practice; collective agreement, arbitration award or wage determination to be kept by employer; records to be kept by employer; effect of certain defects and irregularities; application of Act when in conflict with other laws; Code of good practice: dismissal; fair reasons for dismissal; misconduct; fair procedure; disciplinary records; dismissals and industrial action; guidelines in cases of dismissal for misconduct; incapacity: poor work performance; incapacity; iII health or injury. 
CONDITIONS OF EMPLOYMENT:

Basic Conditions of Employment Act 77 of 1997

( extracts from the BCEA)

 

 

 

Code: Arrangement of working time

 

Occupational Health and Safety

The regulation of working time; interpretation of day; ordinary hours of work; overtime; compressed working week; averaging of hours of work; determination of hours of work by Minister; meal intervals;  daily and weekly rest period; pay for work on Sundays; night work; public holidays; annual leave; pay for annual leave; sick leave; proof of incapacity; application to occupational accidents or diseases; maternity leave; protection of employees before and after birth of a child; family responsibility leave; particulars of employment and remuneration; written particulars of employment; informing employees of their rights; keeping of records; payment of remuneration; information about remuneration; deductions and other acts concerning remuneration; calculation of remuneration and wages; termination of employment; notice of termination of employment; payment instead of notice; employees in employer-provided accommodation; payments on termination; severance pay; certificate of service; prohibition of employment of children and forced labour; prohibition of employment of children; employment of children of 15 or older; medical examinations; prohibitions; evidence of age;  variation of Basic Conditions of Employment by agreement and Minister; Sectoral Determinations; Employment Conditions Commission;  monitoring, enforcement and legal proceedings;  labour inspectors; powers; compliance order; appeals; Labour Court; rights of employees; burden of proof; temporary employment services;  deeming of persons as employees; duration of employment; Codes of good practice; representation of employees or employers; confidentiality; penalties; procedures for progressive reduction of maximum working hours; maximum permissible fees; transitional provisions;

The duties of employers and employee concerning health and safety at work; the advisory council for occupational health and safety; penalties for offences

REDRESSING THE PAST:

Employment Equity Act, No 55 0f 1998

Code of Good Practice: Employment Equity

Preparing an Employment Equity Plan

Prohibition and elimination of unfair discrimination; medical and psychometric testing; applicants; burden of proof;  affirmative action and measures; duties of designated employers; voluntary compliance; consultation with employees, matters for consultation; disclosure of information;  employment equity plan; publication of report; successive plans; assigning manager; duty to inform and keep records; income differentials; Commission for Employment Equity; monitoring, enforcement and legal proceedings; trade union representatives; labour inspectors; compliance order; register of designated employers; legal proceedings; powers of commissioner in arbitration proceedings;  Labour Court;  protection of employee rights; disputes; codes of good practice; temporary employment services; breach of confidentiality; liability of employers; obstruction, undue influence and fraud; maximum permissible fines; turnover threshold applicable to designated employers
TRAINING AND DEVELOPMENT:

Skills Development Act, Act  97 of 1998

Skills Development Levies Act, 1999

reduction in taxable income

Guidelines

 Skills Development levies; Skills development policies; reduction in taxable income; learnerships
UNEMPLOYMENT INSURANCE:

Republic of South Africa Unemployment Insurance Act, 2001

 

Unemployment Insurance Contributions, Act 4 of 2002 

Right to benefits; calculation of benefits; contributor not entitled to benefits; calculation of period of unemployment; right to unemployment benefits; application and payment; illness benefits: determination of period of illness; right to illness benefits; calculations; application and payment; maternity benefits, adoption benefits, dependantís benefits, rights, application ad payment; claiming benefits, assignment, attachment, set off, benefits not subject to taxation, recovery of benefits paid in error, suspension of contributorís right to benefits; disputes, enforcement; securing undertakings; compliance order; objections to compliance order; orders of Labour Court; duty of employer; unemployment insurance board; Information to be supplied by employer; database; evidence; disclosure of information; general prohibited conduct; penalties; jurisdiction of Labour Court. 

Duty to contribute and recovery of contributions, determination of contribution; employer must deduct employees contribution; payment of contribution to Commissioner and refund; payment of contribution to Unemployment Insurance Commissioner; duty to register as employer and to provide particulars; payment of amounts collected by Commissioner into National Revenue Fund;  interest on late payments;  penalties on default; application of Income Tax Act; labour inspectors; collection costs; offences and penalties.

PROMOTION OF ACCESS TO INFORMATION ACT:

Promotion of Access to Information Act  

Promotion of Access to Information Amendment Act 54 of 2002

Promotion of Access to Information.  What the law says and what is required from an organization.
OTHER:

Protected Disclosure Act Act 26 of 2000   

Employees making protected disclosures not to be subjected to occupational detriment, Whistle blower protection

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