Labour law south africa, employment law south africa. About this publication this pocketsized book contains the updated text of the basic conditions of employment act 75 of 1997, regulations and codes of good practice. This act may be cited as the labour amendment act, 2015. Health and safety the occupational health and safety act, act 85 of 1993, requires the employer to provide and maintain as far as reasonable and practical. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section. Latest news most recent publications, including case law summaries and articles from some of the leading law firms in south africa. Official site with labour legislation, policy documents, and news. Employment laws impacting the employeremployee relationship in south. Labour laws in south africa, including the basic conditions of employment act, labour relations act, national minimum wage act, employment equity act, unemployment insurance act, occupational health and safety legislation with regulations. Labour law basic conditions of employment act mrl3702 p5 p8. Labour relations act guidelines balloting for strikes or lockouts. Enacted by the parliament and the president of zimbabwe. This effectively amends the basic conditions of employment act to provide for, interalia, the muchanticipated parental leave.
Labour relations act 66 of 1995 south african government. To change the law governing labour relations and, for that purpose to give effect to section. Employment laws in south africa south african labour legislation. The south african constitution guarantees workers rights. Since 1994, the employment laws are underpinned by the principles of a non sexist, nonracial and equality based democratic society. We specialise in public training, inhouse training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment. General intelligence laws amendment act 52 of 2003 skills development amendment act 37 of 2008 regulations under this act basic conditions of employment act, 1997, regulations in terms of the gn r1438 in gg 19453 of november 1998 calculation of employees remuneration in terms of section 35 5 gn 691 in gg 24889 of 23 may 2003. South african law distinguishes between employees and independent contractors.
It is hereby notified that the president has assented to the following act which is hereby published for general information. Act to change the law governing labour relations and. Ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of. The situation with the 19 land act became only very slightly better in 1936 when the native trust and land act increased the amount of land to just over 10% of south africa. Influenced internationally through the ilo international labour organisation, division of united nations. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Employment laws in south africa placement dynamics. The south african labour guide is a private company and has no association with the commission for conciliation, mediation and arbitration ccma, you may find the ccma at. Basic conditions of employment amendment act, 2018. Hours of work and overtime nicolene erasmus and jan du toit working time including overtime is regulated by the basic conditions of employment act in chapter two. Labour act, 2003 international labour organization. Amended by legal aid south africa act 39 of 2014 from 1 mar 2015. Amended by general intelligence laws amendment act 52 of 2003 from 20 feb 2003. The second and equally important change is the national minimum wage act that came into effect on the 1 st of january 2019.
This act not affected by agreements chapter two regulation of working time 6. These are defined as requirements based on economic, technological, structural or similar needs of the employer. In todays world, we need to arm ourselves with as much information regarding our rights. Amends agricultural labour amendment act 50 of 1994.
Especially when it comes to fair and unfair labour practices. South african immigration legislation stipulate that foreign workers must be remunerated and employed fairly. When considering whether an individual is an employee or an independent contractor, the courts consider the substance of the agreement over its form and make a determination based on the dominant impression gained from considering a wide range of factors, such as the employers. Without an employment relationship between the parties, the rules of labour law do not apply. Title unfair dismissal description the code of good practice on dismissal is a vitally important document in the labour relations act, which should be studied by any party referring or defending a dispute in the ccma or a council relating to dismissal and incapacity cases. Amends general law third amendment act 129 of 1993. An act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Study unit 1 chapter 1 a lawblog for south african.
The labour law in south africa important changes in 2019. The legislation, regulations, sectoral determinations, ccma referral forms, ccma information sheets and codes of good practice are free of charge for information purposes for clients that purchase the 2017 labour manual. Section 23 of the south african constitution guarantees that. Labour law recognises that in equity, allowing employees to act for. Land, labour and apartheid south african history online. The sa labour guide manual is available in pdf format on a usb flash drive. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. A southern african perspective shows how the capacity of labour law to protect workers and effectively regulate. The first issue which is relevant to labour law in south africa for 2019 is the national health insurance nhi bill. South african post office ltd applicant and ccma first respondent. Legal aid south africa act 39 of 2014 government notice 10 in government gazette 38315 dated 9. Acts labour public service act, 1994 public service act, 1994 proclamation no. Sa labour guide on 18 december 2019, the president ramaphosa announced an effective date of 1 january 2020 for sections 1 to 7 of the labour laws amendment act of 2018.
The new minimum wage legislation will significantly affect the labour law issues in south africa. Compensation for occupational injuries and deceases pdf amended act. Unfair dismissal, document, labour law, south africa, pdf. The two most important considerations in south african employment law is that of substance and procedure. Act 1985 of zimbabwe, while extending some rights to workers and unions and providing for. However, that act has not yet been brought into force, so the amendments made by it are not reflected here. Amends occupational health and safety act 85 of 1993. Be it enacted by the parliament of the republic of south africa as follows. As mentioned in our previous news flash with regard to the national minimum wage bill assented by the president on 23 november 2018, three other bills were also signed into law on the same day, namely the labour laws amendment bill. Inclusion of provisions in contracts of employment 5. Amended by skills development amendment act 37 of 2008 from 6 apr 2009.
Chapter two of the act is however not applicable to the following employees. Labour laws and case law built up in the labour courts, the commission forconciliation, mediation and arbitration ccma and the old industrial courts, which follow the principles of nondiscrimination, fair labour practices and the reasonable rights and duties of employers and employees. Overview of important labour laws in india a apprentices act, 1961 29. Pdf constitutionalisation of south african labour law.
Labour amendment act, 2015 zimbabwe legal information. Kenya labour law on redundancy employment act 2007 duration. Republic of south africa reportable the labour court of south africa, cape town judgment case no. Amended by basic conditions of employment amendment act 20 of 20 from 1 sept 2014.
Labour relations act 66 of 1995 english text signed by the president. Basic conditions of employment act 75 of 1997 south. The south african basic conditions of employment act. Pdf legislation and employment relations in south africa. Basic conditions of employment act 75 of 1997 employment equity act 55 of 1998 labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002. Republic of south africa department of employment and labour. Amended labour relations act pdf, document, labour law. Draw a clear distinction between individual labour law and collective labour law. How to deal with retrenchments click here to watch the dvd. Amended by labour relations amendment act 42 of 1996. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high labour. The origin of south africa s modern contract of employment lie in roman law, where a distinction was made between the two types of contracts discussed above. These two factors must be considered in all decisions and especially when a dismissal is involved. Your guide to labour law in south africa labour guide.
General intelligence laws amendment act 52 of 2003 skills development amendment act 37 of 2008 regulations under this act basic conditions of employment act, 1997, regulations in terms of the gn r1438 in gg 19453 of november 1998 calculation of employees remuneration in terms of section 35 5 gn 691 in gg 24889 of 23. Occupational health and safety act 85 of 1993 as amended ohsa basic conditions of employment amendment act 7 of 2018. Labour smart provides a one stop service for south african labour and employment law practitioners. The south african labour guide is a private company and has no association with the commission for conciliation, mediation. The act is also amended by the whistleblowers protection act 10 of 2017 gg 6450. Constitution of the republic of south africa 1996 examples of allegations of misconduct labour relations act 66 of 1995 labour relations amendment act 8 of 2018 mine health and safety act no 29 of 1996 mhsa national minimum wage act 9 of 2018 nmwa the employment equity act no.
Contents of act chapter i purpose, application and interpretation 1. The labour law pdf 38p this note describes the following details related labour law. This act not affected by agreements chapter two regulation of. Amended by general intelligence laws amendment act 11 of 20 from 29 jul 20. During the same period the government saw the need for cheap labour to. Compensation for injury and occupational diseases act of 1993 coida constitution of the republic of south africa 1996. These persons are not denned us employees under the labour relalions act. The terms of employment contained in the act are very basic and employers cannot contract with employees on terms less advantageous than that contained in the. News flash 03 december 2018 south africa amendments.
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