chapter 2

• Legislation


  The creation and approval of laws by a government or legislative body
• Issues addressed by legislation


  • Labor rights
  • Environmental protection
• Duties of employer and employee


  • Written contract includes JD, pay, hours, leave, safety, discipline, medical aid, position, work, provident/pension, performance review, porbaytion, termination, life insurance
  • Verbal or tacit
  • Termination (contract expires / task is completed, due notice given, contract cancelled (breach), illness, redundancy, agreement, death)
• Common law contract


  Catches anything that is not included in the statutory law, evolves through court decisions
• Verbal agreements


  Spoken contracts, legally binding but challenging to enforce
• Tacit contracts


  Arise from conduct, involve implied terms based on the parties' intentions and behavior
• Statutory law


  Written rules or laws created by a government or legislative body, cover various aspects of legal rights, obligations, and conduct, explicitly written and apply broadly to everyone, help maintain consistency and protect individual rights
• Objectives of LRA (Labour Relations Act)


  • Regulate the fundamental rights of all South Africans (freedom of association, organisational rights, protect against unfair dismissal and unfair labour practice, right to strikes and lock-outs)
  • Promote collective bargaining (collective agreements, collective bargaining, statutory council)
  • Promote worker participation (workplace forums for information sharing, joint decision making, regular meetings)
  • Promote effective dispute resolution (CCMA, Labour court, Labour Appeal court)

  
• Aspects covered by BCEA (Basic Conditions of Employment Act)


  • Hours (overtime, compressed workweek, averaging out, meal intervals, rest periods, Sundays, night work, public holiday)
  • Leave (annual, sick, maternity, family responsibility)
• Annual leave cycle


  A period of 12 months with the same employer, calculated from the employee's commencement of employment, or from the completion of that employees previous leave cycle. Entitlement is 21 consecutive days annual leave on full remuneration, equal to 15 working days for a 5-day week or 18 working days for a 6-day week.
• Aspects covered by termination


  • Written particulars
  • Keeping of record
  • Payment
  • Notice periods
• Employment Equity Act


  • Promoting equal opportunities and fair treatment (recruitment, selection, compensation, work environment, allegations - onus on employer)
  • Implementing AA measures (designated employers, analysis, profile, EE plan, reporting)
  • Medical/psychological testing
• UIA (Unemployment Insurance Act)

  More workers now covered (domestic & seasonal), Graduated benefit scheme, Contributions