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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Furthermore, the Code provides that, as a first step in expressing concern about and commitment to dealing with the problem of sexual harassment, employers should issue a aouth statement, stipulating the following:. The difference between discrimination and differentiation must always be kept in mind, as not all differentiations amount to discrimination. When courts examine the “other provisions of the contract,” they will consider all relevant aspects of the relationship.

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. In addition, those of apprentices and candidate attorneys must also be registered with the appropriate authorities.

The Basic Conditions of Employment Act – South Africa

Very often a recognition agreement, in terms of which the employer recognizes one or more trade unions as the collective bargaining agent of a certain category of employees, will include, as an annexure, an agreed disciplinary code and procedure.

Any other payments in cash or kind to which the employee may be entitled and for payments in kind, the value of those pa yments – Again important for calculating the monetary value and benefits to which an employee would be entitled during leave, on termination e.

A duty to provide work may also arise where the employer has contracted to train the employee in a particular profession or trade, as in the case of article clerks and apprentices. The contract of employment is the foundation of the relationship between an employee and his employer. This provision, contained in section 2 a of the Labour Relations Actdoes not appear to be problematic, but it has been beset by considerable uncertainties regarding the interpretation of “benefits.


National Labour Law Profile: South Africa

Where, for example, an employee terminates a contract of employment, with or without notice, because the employer has made continued employment intolerable for him, he will have been constructively affica. Such discretion does not alone render them independent contractors. If overtime is needed, workers must agree to do it and they may not work for more than three hours overtime a day or ten hours overtime a week. 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.

It is viewed as a douth dismissal. Warnings may be graded according to degrees of severity, as with a verbal warning for a first offence, then a first written warning, then a final written warning or suspension without pay or demotion, and finally dismissal, which is reserved for repeated offences or serious misconduct.

Had Algorax formally declared the lock-out, it would seem that it could have kept the employees out for as long as it did without having to compensate them for unfair dismissal. The court, however, held that he had resigned, because the onus is on the employee to show that he has been dismissed.

Before the Labour Relations Act [38] LRAas long as the employer gave the required period of notice, dismissal or probation was acceptable. It prohibits unfair discrimination in the workplace and guarantees equal opportunity and fair treatment to all employees.

From whose perspective does one analyse the conduct to see if it amounts to sexual harassment?

The court held that, in the absence of a clear and unambiguous intention to quit, there could not have been a proper resignation. Any person considering whether or not the reason for dismissal is fair, or whether or not the dismissal was effected in accordance with a fair procedure, must take into account any relevant code of good practice issued in terms of the Act.


In Wyethemployer and employee had concluded a written contract on 15 March providing that the employee would commence work on 1 April.

South African labour law

Meal Breaks and Rest Periods A worker must have a meal break of 60 minutes after five hours’ work. It had been argued that the term “everyone” did not include a university or a company, but the court held otherwise. A victim of harassment may institute a afrifa claim, based on delict, against the perpetrator; she may also institute a claim against the employer, based on the common-law principles of vicarious liability.

The Labour Court ruled that this was not an automatically unfair dismissal. The EEA provides that harassment arfica to “a form of unfair discrimination,” and as such is prohibited. The employer may only dismiss the employee summarily for misconduct, incapacity or operational requirements. The period of notice – This too is strictly regulated by the BCEA – the quantity and manner cbea giving notice of termination of a contract of employment will be specified below.

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The reason for this, it has been contended, is that, prior tothis area of law was based on the incorrect assumption that there existed equal bargaining power between employer and employee.

Authorisation from the Labour Court is not required for such testing.

The Code of Good Practice on Handling of Sexual Harassment Cases lists three types of conduct afgica could constitute sexual harassment:. More flexibility of working time can be negotiated if there is a collective agreement with a registered trade union. It does not, however, stipulate that this is paid leave.

Before work commenced, the employer informed the employee that it was no longer prepared to employ him.