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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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As a general rule, the employer must continue remunerating the employee during the course of the suspension. Historically, litigation relating to afrixa dismissals was brought by trade unions and largely unskilled aggrieved employees. However, other sanctions are imposed for non-compliance: Averaging can however only be done in terms of a collective agreement i. The result of this strike was the passing of the Industrial Conciliation Act in Disputes concerning Promotion and Demotion generally involve employees being denied a higher-level post within the structure of the employer’s organization or being stripped of status or benefits.

An employee is entitled to four months off in total, the leave sout start at least 4 weeks prior to the expected birth date, and end at least 6 weeks after the expected date of birth. There is no specific provision for class actions in our Labour Courts. Maternity leave is classified as unpaid leave, unless otherwise agreed by the parties.

The court formulated a set of rules to govern unfair dismissals. The employee should be allowed the opportunity to state a case in response to the allegations. This Act must be obeyed even if other agreements are different. The BCEA does recognize a certain amount of flexibility in arranging shifts and work times. Three elements are essential:. The designated employer must assign one or more senior manager the responsibility and authority and means to monitor and implement the plan.

However, the BCEA does apply to these employees with regards to severance pay, but only with regard to severance pay. The problem is complicated by section 65 1 c of the Labour Relations Actwhich provides that employees may not strike over issues that may be referred to arbitration in terms of the Labour Relations Act Another implication of the fact that the employment contract is based on agreement is that it is a contract, and therefore must comply with the requirements of our law for a valid contract.


South African labour law

The common law also allowed employers summarily to dismiss striking employees, but this has since been changed by the Labour Relations Act farica The object has been to create a statutory framework conducive to bargaining whilst preventing the judicial appropriation of politically sensitive terrain.

Section 1 e is one of a number of statutory provisions aimed at protecting women in employment. Adding up Wages Wages are based on the number of hours normally worked. A contract of employment comes into existence when the parties conclude an agreement that conforms to the requirements of the locatio conductio operarum. Disputes are first conciliated and if they remain unresolved, referred to arbitration, normally before a different commissioner.

The LRA gives recognition to organisational rights in Sections 12 and They include lawful trade-union participation, non-compliance with an unlawful africq and disclosure of information. What then are those statutory hours of work? Save for the exceptions outlined above, the working hours of all other employees must be regulated in accordance with the BCEA and cannot be contracted out of or excluded.

At common law, the parties are not required to observe bceaa formalities. Hinder, block or try to wrongly influence a labour inspector or any other person obeying this Act.

Employees who perform night work enjoy special protection in terms of the BCEA. 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 calculating compensation.

The employer not choosing to exercise that right does not render the contract something other than one of employment. The delay in having matters arbitrated before the CCMA is greater and in practice it is now taking approximately one year depending upon the region.


South African labour law – Wikipedia

Lower protection of workers in terms of health and safety and family responsibilities. In this way, a disciplinary code and procedure obtains the status of a collective agreement. Generally the courts take a narrow approach to interpretation. The Judicial Services Commission prepares lists of recommendation, which is then used by the President to appoint the other nine judges of the Constitutional Court.

There must be consistency when meting out discipline. The practice of preventative suspension is not in itself unfair so long as there is substantive and procedural fairness when the employer takes this decision. Under the common law, her absence could be treated as a reason for termination of the contract.

Besides these substantive grounds, dismissal will also be unfair where it is not effected in accordance with a fair procedure.

This issue, however, remains to be developed by the courts. This led to a number of white workers being retrenched, which in turn led to the abolition of the ratio between skilled white workers and unskilled black workers on the mines.

This has resulted in a large number of plaintiff based labour lawyers and labour consultants seeking relief sometimes on a contingency basis on behalf of their clients. An employee is entitled to 36 consecutive hours off. The period of notice – This too is strictly regulated by the BCEA – the quantity and manner of giving notice of termination of a contract of employment will be specified below.

The Basic Conditions of Employment Act – South Africa

In terms of the Basic Conditions of Employment Act. Workers may not be treated unfairly for demanding their rights in terms of this Act. The CCMA is entitled to arbitrate the following disputes:. The employer then bears the onus of proving the differentiation to be fair.