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SOUTH AFRICAN LABOUR LAW
LEGISLATION
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ACT |
WHAT IS COVERED BY THE LEGISLATION |
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LABOUR RELATIONS:
Labour Relations Act, No 66 of 1995
(
extracts from the LRA)
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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. |
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CONDITIONS OF EMPLOYMENT:
Basic Conditions of Employment Act 77 of 1997
(
extracts from the BCEA)
Code: Arrangement of working
time
Occupational Health and Safety
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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
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REDRESSING THE PAST:
Employment Equity Act, No
55 0f 1998
Code of Good Practice: Employment Equity
Preparing an
Employment Equity Plan
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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 |
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TRAINING AND DEVELOPMENT:
Skills Development Act, Act 97 of 1998
Skills Development Levies Act, 1999
reduction
in taxable income
Guidelines
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Skills Development levies; Skills development policies; reduction in
taxable income; learnerships |
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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, dependant’s benefits,
rights, application ad payment; claiming benefits, assignment, attachment,
set off, benefits not subject to taxation, recovery of benefits paid in
error, suspension of contributor’s 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.
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PROMOTION OF
ACCESS TO INFORMATION ACT:
Promotion of Access to Information Act
Promotion of Access to
Information Amendment Act 54 of 2002
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Promotion of Access to Information. What the law says and what is
required from an organization. |
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OTHER:
Protected Disclosure Act Act 26 of 2000
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Employees making protected disclosures not to be subjected to occupational
detriment, Whistle blower protection
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