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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There may be circumstances which have a tempering effect, not on the seriousness of the offence as such, but on the severity of the penalty: Soouth they are taken into account below, the definition of the employment contract may be expanded as follows:. But a written agreement may lower this to 30 minutes and do away with the meal break if the worker works less than six hours a day.

The question of whether or not non-compliance with a particular guideline is permissible depends on the circumstances. The employer is obliged to consult regarding measures to minimise the number of dismissals, and also to mitigate the adverse effects of dismissal. The Code recommends that management be given a positive duty to implement the policy, and to take disciplinary action against employees who do not comply with it.

Most important is that South African labour legislation applies only in respect of employees, who are entitled to social security benefits and have access to the statutory mechanisms if they wish to seek remedies for violations of their employment rights. If the contract is terminated summarily for good cause, the employer must pay the employee for services rendered to the day of the dismissal. The contract will endure until: The onus is on the employee to prove all the elements of the alleged unfair labour practice in question.

Unfair dismissal is now governed by the Labour Relations Act. 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 Lebowa Platinum Mines v Hill, an employee was dismissed for calling another employee a “bobbejaan” baboon. A dismissal for incapacity may be justified if the employee does not have the requisite qualifications or has not been accredited by a professional or statutory body. The procedures that an employer must follow to justify a dismissal for poor work performance after probation are to be found in Item 8 2 – 4which provides that, after probation, an employee should not be dismissed for unsatisfactory performance unless the employer has.

As far as causality is concerned, the Labour Relations Act requires that the detriment must be “on account of” the protected disclosure. Four weeks, if employed for one year or more. Legislation such as the Occupational Health and Safety Act may also regulate the conduct of employees. The Constitution goes further by giving children further protection from exploitative labour practices — Section 28 1 e and f.


South African labour law – Wikipedia

Lower annual leave to less than two weeks. The requirement that there must be no possible alternative is particularly true when racial or ethnic tension is the cause of the incompatibility. The question of what is a “reasonable time” is a factual one. This ground of dismissal ties in with the common law duty of the employee africs perform competently and without negligence. Incapacity is one of the internationally recognized grounds for a fair dismissal, provided that a fair reason exists for the dismissal and that a fair procedure has been followed.

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 employee works in exchange for remuneration; the employer remunerates the employee in exchange for the employee offering bcwa place his arfica potential at the disposal and under the control of the employer.

South African labour law

At the outset of the bcwa the souuth may decide to put the employee on a period of probation. This means that there must be a protected disclosure, wouth that there must be causality between the disclosure and the detriment. The date when remuneration will be paid – promotes certainty and consistency. In the event that a party can establish that the delay is due to the fault of the other party in not expeditiously pursuing his or her remedies, the court is empowered to take such delay into account soutu calculating compensation.

It goes on to say, however, that sexual attention will only become sexual harassment. In the past, the concept of “unfair labour practice” was broadly defined. If conciliation fails, the matter may be referred to the Labour Court, unless the parties consent to the jurisdiction of the Commission for Conciliation, Mediation and Arbitration for arbitration.

The Act defines the notion as any unfair act or omission which soutth between the employer and employee and which involves — direct sojth indirect unfair discrimination on any arbitrary ground; unfair conduct of the employer relating to the promotion or demotion, training or benefits of the employee; unfair suspension of an employee or any other disciplinary action; failure or refusal of an employer to re-instate or re-employ an employee in terms of an agreement.

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

Employees are also entitled to take family responsibility leave. The effect of this rebuttable presumption is that, if one or more of the list of factors is present, the person is presumed to be an employee unless and until the contrary is proven. If the disciplinary code does not contain the rule under consideration, this may be an important soutth that such a rule does not exist in the particular workplace. In cases where it is difficult to distinguish between a dismissal for striking and a dismissal for osuth way of example misconduct, the “true” and “proximate” cause of the dismissal must be identified.


An important indicator of the validity or reasonableness of a rule is its inclusion in a disciplinary code that is contained in a collective agreement between the employer and a trade bcfa. His resignation is not entirely voluntary, however, as it is brought about or necessitated by the actions or omissions of the employer. The Act heralded a new era in South African labour law. The requisite period of notice may be expressly stated in the contract itself, in terms of a statute such as the Basic Conditions of Employment Act, [50] or even in terms of a collective agreement.

Both the national and provincial executives are accountable to the national legislature. No matter what the contract itself says, afdica Basic Conditions of Employment Act is applicable as the minimum standard that must be achieved. The Industrial Court a specialist tribunal that exercised jurisdiction over alleged unfair labour practices took several innovative approaches. The essential feature of a constructive dismissal [63] is that the employee terminates the employment contract.

The only formality in respective of collective agreements is that aouth must be reduced to writing. Initially the view was taken that only punitive suspensions fell within the scope of the “unfair labour practice,” but this view was rejected by the Labour Court. If, for example, the employee is charged with unauthorised possession of company property, this must be proven in the circumstances.

The court will also want to be informed about the following, which do not go to the question of justifiability, but which are also relevant to arriving at a proper afrjca. A pregnant or breastfeeding worker is not allowed to perform work that is dangerous to her or her child. Section 1 b of the LRA requires that a dismissal for misconduct must be effected in accordance with a fair procedure, which entails a fair disciplinary enquiry. It has been submitted that, even if the commissioner does soutu consider dismissal to be the appropriate sanction after considering all these factors, the penalty of dismissal will stand if the commissioner or judge is satisfied that a reasonable employer could also have decided to dismiss under the circumstances.

Political pressure was placed on government to move away from outsourcing bxea more towards employment.

Certificate of Service When a job ends, a worker must be given a certificate of service. This relates not only to annual leave, but also sick, maternity and family responsibility leave in respect of which there are legislated minimums that may not be contravened.