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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All these factors must be considered and weighed up together to decide whether dismissal is justified or whether a less severe sanction would be more appropriate. The employer may have to remunerate the employee additionally for undertaking work at different places, and could not simply compel the employee to do so if it has not been agreed initially in the contract.

Employers and employees must use these procedures first. In light of this, the appointment amounted to a promotion. Lower protection of workers in terms of health and safety and family responsibilities. There may be a fair differentiation between employees on the basis, for example, of educational qualifications or experience or seniority. Labour inspectors must advise workers and employers on their labour rights and obligations.

South African labour law

Workers must be paid for any public holiday that falls on a working day. The employer may only dismiss the employee summarily for misconduct, incapacity soufh operational requirements. The Labour Relations Act was promulgated as the ncea legislation” referred to in subsections 23 5 and 23 6which provide respectively that “national legislation may be enacted to regulate collective bargaining,” and that “national legislation may recognise union security arrangements contained in collective agreements.

If these requirements are not met, the organ of state may reject the offer; it may even constitute grounds for the cancellation of a contract that has already been concluded. Overtime is limited to a total of 10 hours per week and then too, may not exceed 3 hours of overtime per day.

There is growing support for the notion that unfair labour practices should include not only disputes of right, but also disputes where there is an expectation of a right.

What then are those statutory hours of work? 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. This means that it is necessary to look outside the legislation to determine the meaning of these terms, in order to distinguish between an employee and an independent wfrica. In A-B v SA Brewaries, an employee engaged as a planning and administrative manager was charged with poor work performance bcew six occasions and demoted to the position of project controller.


Bceaa result was that trade unions representing Black workers were now able to make africw of the machinery of the Labour Relations Act of The main obligation of the employee under the contract is to place his personal services at the disposal of his employer.

However, it recognises that, given the historical disparities, simply removing discrimination does not in itself result in substantive equality.

Whether or not an employee may be dismissed for non-disclosure depends on whether or not the employment relationship can reasonably be sustained after the discovery of the past misdeed. Employers must give new workers information about soutu job and working conditions in writing. The remuneration referred to must correspondingly mean remuneration for work done or tendered to be done. Lower annual leave to less than two weeks. Section 29 of the Basic Conditions of Employment Act, for example, states that the employer must supply the employee with certain written particulars concerning specific things, like hours worked and remuneration.

The fundamental issue is that the employer cannot act against the employee if the latter is unaware that the employer now regards a breach of the rule as serious. The definition must be interpreted so as to give the maximum possible protection.

After the enquiry, the employer should communicate the decision taken, and preferably furnish the employee with written notification of that decision. Factors which may determine whether or not a rule is justified include souyh following:.

There is no specific provision for class actions in our Labour Courts. The EEA provides for four ways in which compliance with its affirmative-action provisions may be ensured:.

National Labour Law Profile: South Africa

The employer not choosing to exercise that right does not render the contract something other than one of employment. An employee who breaches such a rule cannot argue that the rule does not appear in the written disciplinary code.

The dominant-impression test was followed in this case, and Smit was held to not be an employee of the insurance company. Legal representation in such matters is not normally permitted unless there are complex issues of facts and law, conflicting arbitration awards or it is in the interests of public policy that legal representation be permitted. It designates as automatically unfair dismissals in response to xouth employee’s taking action, or indicating an intention to take any action, against afriac employer by exercising any right conferred by the LRA, or by participating in any proceedings in terms of the LRA.


The purpose of the investigation is to determine whether or not there are grounds for dismissal.

The Basic Conditions of Employment Act – South Africa

If, however, the disciplinary code in the workplace makes provision for such an appeal, the employee will be entitled to appeal in accordance with the code. He stopped going to work, therefore, on the assumption that he had been dismissed. The date of commencement of employment – this is important for the calculation of benefits such as leave, recognition bca length of service and the benefits attached to it — e.

The control test focuses on the element of “control” exercised by the employer affica the employee.

The collective dimension of the unfair labour practice jurisdiction has been effectively abolished and with it the duty to bargain. It includes incompetence or incapability for medical reasons ill health or injury. The Labour Court has considered situations in which employees are threatened with dismissal for refusing to accept unilateral amendments of their terms and conditions of employment by their employers.

Damages and Compensation Issues Damages and compensation granted are normally limited to 24 months in respect of automatically unfair dismissals and 12 months in respect of unfair dismissals and are not strictly linked to patrimonial loss.

They represent the centre-piece of the system of bcra fostered by the LRA. Once it is established that the employee has suffered an “occupational detriment,” it must be proved that the detriment was due to a protected disclosure.

It is emphasised that it is through fair process that fair decisions are generally reached.