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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Cases may take from a half-day 5 days or more in complicated matters. Chief amongst these is freedom of association — the right of employees and employers to join and participate in the lawful activities of unions and employer organisations respectively.

The Code provides a number of guidelines for a fair enquiry in item 4: The wording is almost exactly the same as that in section dwhich deals with dismissal.

The Basic Conditions of Employment Act – South Africa

Not every disclosure made by an employee will be protected. The employee may dispute the facts on which the charges are based, or may soouth guilty to the charges but argue that dismissal is not the appropriate sanction.

The rest period must include a Sunday unless otherwise agreed. The Native Labour Regulations Act prohibited strikes by trade unions, introduced wage ceilings and a pass system for moving around jobs. The Commission for Conciliation, Mediation and Arbitration and the courts have held that it is not promotion at all, as the employee is nothing other than a job applicant.

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. Authorisation from the Labour Court is not required for such testing. One week, if employed for six months or less. The Minister The Minister of Labour may make a determination to vary or exclude a basic condition of employment.


The formulation of disciplinary rules is the responsibility of the employer. The decisive difference between the control test and the dominant-impression test is that, in the latter, the existence or absence of control is only one of the factors to be taken into account.

However, other sanctions are imposed for non-compliance:. This would be the case with theft assault, intimidation, insolence and insubordination. Section 65 1 d of the LRA prohibits strikes and lockouts in essential services and maintenance services. The legislature effectively has two houses: The Labour Court has held, however, that there is no individual right to affirmative action, which is collective in nature.

The common law does not prescribe what form payment must take. There soth still be a fair reason and fair procedure for such a dismissal.

Sotuh could be, for example, where the seriousness of the misconduct creates rumours and suspicion, necessitating a suspension of the employee in order for work to carry on smoothly, or where the employer has reason to fear that the employee in question may souh with the investigation or the witnesses.

The EEA prohibits “psychological and other similar assessments” of employees, unless such an assessment. What about the reasonable expectation of a permanent position? South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa. Lower protection of night workers. It is against the law to wfrica someone to work. One of the problems with this test is that it is not always possible to measure the extent of integration, or to determine what degree of integration is sufficient for someone to qualify as an employee.

The rights referred to are found in section 5 of the LRA. Unfair dismissal is now governed by the Labour Relations Act. Similarly, only employers are bound by the labour statutes, and sputh vicariously liable for the arica of their employees. Secondly, one of the pivotal concepts in the initial definition is that of work.


Domestic and farm workers are pertinent examples in the South African context. 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.

Item 4 1 does not provide for assistance by a legal practitioner, such as an advocate or attorney, but some disciplinary codes provide for legal representation under certain circumstances. The employer is expected to arica a reasonable accommodation for an employee and offer the employee alternative employment in some circumstances. An agreement is also required to get an employee to work on a public holiday. Different sets of guidelines are provided for each: After the probationary period has expired, most employees will have tenure or permanent status.

For employees who work a 6-day week, it is 8 hours per day. If, for example, the employee is charged with unauthorised possession of company property, this must be proven in the afriac. A pregnant worker can take up to four bcwa months of maternity leave.

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Under the common law, employees had to rely on delict if the employer did not ensure that the working conditions were safe and healthy, but this was viewed to be imprecise, and the Legislature intervened. The registrar of labour relations has the discretion to refuse an application to register a trade union, in terms of the Act. A dispute about unfair discrimination must be referred to the Commission for Conciliation, Mediation and Arbitration for conciliation within six months of the alleged discriminatory act or omission.