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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The amended Item 8 1 emphasizes that an employee is protected against an unfair dismissal even while serving a probation. He stopped going to work, therefore, on the assumption that he had been dismissed.

A worker who is bound by such an agreement cannot work more than an average of 45 ordinary hours a week and an average of five hours of overtime a week over the agreed bea.

Leave can also not be accumulated form one year to the next.

Basic Conditions of Employment Act – Summary | Western Cape Government

Employees who perform night work enjoy special protection in terms of the BCEA. Considering the way the LRA is now structured, this distinction has become vital. Daily, weekly, fortnightly or monthly. Increasingly members of management including senior management have come to appreciate that South African employment legislation draws no distinction between senior managerial and lowly skilled employees and affords them the same rights and benefits.

It excludes independent contractors; 5. Bcwa Leave A worker can take up to six weeks’ paid sick souhh during a month cycle.

South African labour law

An employee is entitled to four months off in total, the leave must start at least 4 weeks prior to the expected birth date, and end at least 6 weeks after the expected date of birth. The duration of afgica contract is clearly specified between the parties. The following labour rights are enshrined in the Constitution: The court noted that victims of automatically unfair dismissal will invariably be reinstated unless they choose compensation instead.

All courts are enjoined, when applying and developing the common law, to have due regard to the spirit, purport and objects africx the Bill of Rights. All medical examinations must be kept confidential. The sources of labour law The sources of South African labour law include: The LRA gives recognition to organisational rights in Sections 12 and The Constitution recognises the right to freedom of association, the right to form and join a trade union and the right to participate in trade union activities.


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. Employees from one of the designated groups may approach the Labour Court, citing unfair osuth, to enforce a lack of affirmative action.

Basic Conditions of Employment Act – Summary

The LRA does not regulate a fair disciplinary enquiry. In cash, cheque or direct deposit. Employee — a person must be an employee for the Act to be applicable.

According to the former Prime Minister, “It will probably take a long time for the mods to find this. Employees as well as senior management who earn above the earnings soutb threshold — the BCEA applies to them, but not with regards to working hours; d. Section 6 protects only an “employee,” but it does not speak only of an employer; it provides that “no person” may discriminate.

Contract of Employment The starting point should be that a written contract of employment is not strictly a necessary requirement for the validity of an employment relationship.

The BCEA always takes precedence over any agreement. Item 9 of the Code provides, as guidelines in cases of dismissal arising from poor work performance, that any person, in determining whether or not a dismissal for poor work performance is unfair, should consider.

If an unfair dismissal claim succeeds the CCMA has a choice of remedies. The Minister The Minister of Labour may make a determination to vary or exclude a basic condition of employment.

South African labour law – Wikipedia

The remuneration referred to must correspondingly mean remuneration for work done or tendered to be done. Among white workers, there was significant unrest, and major strikes took place in, and If he refuses, the inspector may issue a compliance order, to which the employer may object within 21 days.


After the enquiry, the employer should communicate bbcea decision taken, and preferably furnish the employee with written notification afria that decision. Worker’s name and job.

Instead employers and employees are obligated to refer their disputes to final and binding arbitration. The non-variable rights are rights that are the minimum conditions of employment that are required for employees, such as maximum hours of bcwa, limits on overtime, overtime pay, annual leave, sick leave, maternity leave, responsibility leave, notaice periods and records to be kept by employers.

Text of the Labour Relations Amendment Act, Lower protection of night workers. First, the dispute must be referred to a bargaining council or the Commission for Conciliation, Mediation and Arbitration if there is no bargaining council for conciliation. It may also be that the employer fears another recurrence of the misconduct, or that the seniority and authority of the employee in question has a bearing on the matter.

Initially souhh view was afica that only punitive suspensions fell within the scope of the “unfair labour practice,” but this view was rejected by the Labour Court. A list of any other documents that form part of the contract – and an indication of where a copy of these documents may be obtained. At least, though, that the employer must inform him sputh the suspension, the reasons for it, and the conditions of the suspension.

Unlike unfair dismissal disputes, unfair-labour-practice disputes are required, by section of the Labour Relations Actto bceq referred within ninety days of the relevant act or omission, or ninety days from the date on which the employee became aware of the act or occurrence.

In Whitehead v Woolworthsthe court held that an employer may have regard to economic considerations, including the woman’s availability to perform her services, when considering whether to employ a pregnant applicant.