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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Prior to these types of provisions, a woman who left work to have a baby was largely at the mercy of her employer. Remedies As with other disputes, sokth in relation to alleged unfair labour practices must first be referred to the CCMA for conciliation. 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 aafrica permitted.

The Basic Conditions of Employment Act – South Africa

Subject to the right to take such paid leave as has been agreed upon or conferred by statute, once employees have entered service, they remain obliged to render service until the contract of employment ends.

Employers must give new workers information about their job and working conditions in gcea. It has concurrent jurisdiction with the High Court in respect of violations of certain fundamental rights protected in the Constitution.

The hierarchy of courts are as follows: The LRA fosters and rewards representative unionism.

Basic Conditions of Employment Act – Summary

The investigation need not be a formal enquiry. The difference between the Labour Relations Act and the EEA is that the Labour Relations Act excludes independent contractors only in section awhile the EEA excludes independent contractors in both subsections.

The disclosures were held to fall within the ambit of protection. Overtime work must be paid at no less than 1. He was dismissed after deposing to an affidavit for the purposes of an urgent application by his union to have the company’s senior manager committed for contempt of court.

In this regard, if an employee lodges a complaint of discrimination against another arica, and the employer does not consult in an attempt to eliminate the discrimination, the employer may be held liable.

Employers may make HIV testing available to employees as part of a “wellness” aafrica, provided that it takes place confidentially and on the basis of informed consent. South African bceq does not prescribe minimum wages through statute. Nor does this form of automatically unfair dismissal preclude an employer from dismissing a grossly insubordinate employee.


Inthe Department of Labour appointed a Siuth Legal Task Team to draft new labour legislation and the Labour Relations Act 66 of was born and came into effect on 11 November A lock-out does not constitute dismissal, as the employees are still employed by ssouth employer. No matter what the contract itself says, the Basic Conditions of Employment Act is applicable as the minimum standard that must be achieved.

The LRA has decriminalised non-compliance with the Act. When gold and diamonds were discovered, mining activity in South Africa rapidly increased.

Basic Conditions of Employment Act – Summary | Western Cape Government

The difficulty is that there may be a significant lapse of time between these two events. Three types of harassment may be so identified:. This relates not only to annual leave, but also sick, maternity and family responsibility leave in respect of which there are legislated minimums that sfrica not be contravened. Employers must keep records of the hours worked and remuneration awarded for each employee for at least three years.

The regulation of working hours will be addressed in more detail below. The nature soth complexity of the charges will certainly be relevant in ascertaining whether the employee has had sufficient time. The employer was not required to give the employee an explanation for the termination; nor was there any requirement that the dismissal be fair.

Although this presumption is useful in determining whether a person is an employee or not, as it is closely linked to the principles and approaches developed by the courts, the Labour Court held, in Catlin v CCMAthat section A does not do away with the principle that the true nature of the relationship between the parties must be gathered from the contract between them. Such claims for compensation often result in settlements being agreed between the parties, which may be in excess of any compensation that the employee may actually have suffered.

Unlike the law in certain other countries, collective agreements are normally legally enforceable as between employers and trade unions. These are however also regulated — e. The definition must be interpreted so as to give the maximum possible protection.

Incapacity dismissals are made difficult, then, by the fact that there is considerable overlap between substantive and procedural fairness. 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.

Item 4 of the Code does not make a provision for an appeal to a higher level of management against the outcome of a disciplinary enquiry. If and when any of the above details change, the employee is to be notified of the change and be given a copy of the change. Notice must be in writing except from a worker who cannot write.


There must be careful assessment and consultation, and an souty to improve. The Industrial Court has given conflicting opinions on whether the employer is restricted to relying on those facts which are available at the time of the enquiry, or whether he may also rely on facts which came soutth light after the dismissal. If it has not been enforced in the past, it may be an indication that the employer does not regard the rule as reasonable.

It is based upon the assumption that whether or not one is an employee does not rest on submission to orders; it depends on whether the person is sohth and parcel of the organisation. This is a factual dispute. As noted above, the Basic Conditions of Employment Act provides the minimum standard to be achieved; employers must, at the very least, abide by the Basic Conditions of Employment Act.

Dismissal is only one of a number of penalties that the employer may impose against the guilty employee. Provided it is a material breach, the employee may also cancel the contract of employment. In terms of the common law, one does not have to have a written contract; therefore, not having the contract in written form is not a fatal flaw, as the contract can be verbal. An employer may want proof that this leave was needed.

South African labour law

The difference between incapacity and misconduct in this regard is that. The company claimed that he had divulged the content of an off-the-record discussion in his affidavit, and also that he had refused to submit to a health test required of pilots.

The starting point should be that a written contract of employment is not strictly a necessary requirement for the validity of an employment relationship. An employer agrica only be obligated to grant paid sick leave of longer than two days or for longer than one day when more than two absences occurred in a space of eight weeks, if the employee produces a valid medical certificate which has gcea issued by a medical practitioner.

A dismissal for poor work performance implies bcsa there must be an objective standard of performance against which the employee can be measured, before the employee may be dismissed for failing to meet that standard.

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