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 common law permits the suspension of an employee, suspected of some form of grave misconduct, while the matter is being investigated, but the employee is entitled to his remuneration during the period of suspension.

National Labour Law Profile: South Africa

If the main reason for the dismissal is the employee’s pregnancy, the employer may not rely on an ancillary reason like the employee’s alleged deceit in not disclosing her condition.

Whilst the High Court of South Africa still retains concurrent jurisdiction with the Labour Courts in respect of certain issues, e. The court recognised the necessity of collective bargaining and bargaining councils which facilitate the establishment souht trade unions. In some cases, an employment relationship is terminated by neither the employer nor the employee, but by operation of law.

This is the core of procedural fairness in the context of dismissal for misconduct. The first aspect which must be determined is whether the rule is valid or reasonable. They may not work for another employer if its business interests are in conflict with those of the principle employer. The EEA prohibits “psychological and other similar assessments” of employees, unless such an assessment.

This way the work environment will be healthier; employees will be free to voice their problems and there will be employment standards which will be in the interest of all parties concerned. Search form Search this site. An employer giving notice does not stop a worker from challenging the dismissal in terms of the Labour Relations Act or any other law.

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Damages and Compensation Issues Damages and compensation granted are normally limited to 24 months in respect of automatically unfair dismissals and 12 months in respect of unfair dismissals and are not strictly linked to patrimonial loss. 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.

In this context, unfair conduct may include the failure to inform the employee properly about required performance standards, and the failure by an employer to afford the employee reasonable guidance, evaluation, training, counselling and instruction. Only when the employer accepts the employee’s repudiation of the contract may it be said that there has been a dismissal. Keeping Records Employers must keep a record of at least: Respect, being a disposition, is a quality that is difficult to define with precision.

In the Labour and Labour Appeal Courts legal representation is not afriva but most employers and many employees are usually represented.

The agreements bind the parties to the agreement and their members. 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.

Basic Conditions of Employment Act – Summary

Actual amount paid to the worker. Employee — a person must be an employee for the Act to be applicable; 2. The Act therefore imposes an obligation on certain employers “designated employers” to implement affirmative action measures to advance “designated groups” African, Indian and Coloured people, women and people with disabilities.

Employers may lock out employees provided that they follow the proper procedure as a bargaining strategy. Work on a public holiday is by agreement and paid at double the rate. The Labour Relations Act was the first piece of legislation to deal with discrimination in the workplace. A barrier exists where a policy, practice or an aspect of the work environment limits the opportunities of employees because they are from designated groups.


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

In terms of the common law, the employer may either condone the misconduct or elect to act against the employee. The duration of the contract is clearly specified between the parties. Nothing precludes an employer from dismissing a pregnant employee for operational requirements, provided that the court can be persuaded that there was indeed a valid economic or related soutth. Lower protection of workers in terms of health and ncea and family responsibilities.

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The Labour Court has considered situations in which employees are threatened with dismissal for refusing to accept unilateral amendments of their terms and conditions of employment by their employers. The remuneration referred to must correspondingly mean remuneration for work done or tendered to be done. The Industrial Court has given conflicting opinions on whether the employer is restricted to relying on those facts which are available at the time of the enquiry, or whether he may also rely on facts which came to light after the dismissal.

The policy should also state the following:. South African law does not prescribe minimum wages through statute. Refuse or fail to obey a labour inspector or any other person obeying this Act.

In Lebowa Platinum Mines v Hill, an employee was dismissed for afrcia another employee a “bobbejaan” baboon. The employer should notify the employee of the allegations, using a form and language that the employee can reasonably understand.