South african labour law pdf

The south african labour dispensation is straddling between the common law and the everchanging employment relationships. Influenced internationally through the ilo international labour organisation, division of united nations. Rules board for labour courts and rules for labour court 160. Golegal is a leading industry news and information portal for the south african legal sector. We highly recommend the following two south african labour law books which cover the field in great depth. Labour law south africa, employment law south africa. A comprehensive guide 6 ed lexisnexis 2015 labour law through the cases updated to april 2019. Constitutionalisation of south african labour law 285 to the protection of human rights, there is still the possibility that affirma tive action will in future be confirmed as an individual right. A southern african perspective shows how the capacity of labour law to. The reinstatement and compensation conundrum in south african labour law.

South africas international law obligations and appropriate foreign case law are also considered. The main employment law statutes of south africa are the following. Training courses, seminars labour law and ir related workshops 012 661 3208 fax. The narrative is demonstrated by the emerging business model of uber, which has changed the labour market globally and taps into the fabric of employment law. Pdf the reinstatement and compensation conundrum in. Gaining knowledge and expertise in any of these areas presents students with the real opportunity to contribute to the many critical debates within labour law today and ultimately to influence the direction of the development of labour law the study of labour law is primarily a critical engagement with. Aug 01, 2014 labour law south africa the congress of south african trade unions cosatu was launched in december 1985 after four years of unity talks between unions opposed to apartheid and committed to a nonracial, nonsexist and democratic south africa.

It is most often related to as the story of the randlords, men like. Section 23 of the constitution of the republic of south africa 1996 provides for a right to fair labour practice. Labour guide your guide to labour law in south africa. The most notable pieces of legislation which aim to strengthen the labour market include. Labour law south africa the congress of south african trade unions cosatu was launched in december 1985 after four years of unity talks between unions opposed to apartheid and committed to a nonracial, nonsexist and democratic south africa natlex. Mention four sources of employment law in south africa. A guide for south african employers by levy, andrew, levy, dan and a great selection of related books, art and collectibles available now at. The sa labour guide manual is available in pdf format on a usb flash drive as well as online. Only 4 percent of executives in south africa feel highly confident, compared with 14 percent of executives globally. South african labour law regulates the relationship between employers, employees and trade unions in the republic of south africa.

Study unit 1 chapter 1 a lawblog for south african. 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. The contract furthermore forms the basis of your relationship with the employer, as it details allowable conduct and the companys disciplinary code. Labour laws amendment act 10 of 2018 english afrikaans. 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. Pdf legislation and employment relations in south africa. South african law distinguishes between employees and independent contractors. Compensation for occupational injuries and deceases pdf amended act. South african labour history there are different ways to tell every story, and the same is true of history. Apply national aspects of collective labour law, using constitutional and statutory provisions and relevant case law.

The south african labour guide is a private company and has no association with the commission for conciliation, mediation. Proceedings of labour court to be carried on in open court 161. The present paper by colin fenwick, evance kalula and ingrid landau. Covid19 south african coronavirus news and information portal. Pdf reinstatement in south african labour law lovedaylia. 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 acts. Such payments are however granted to employees at the discretion of the employer. Get information about labour laws and workplace rights of employees in south africa at. Know more about employee labour law in south africa.

In 1994, the department of labour appointed a ministerial legal task team to draft new labour legislation and the labour relations act 66 of 1995 was born and came into effect on 11 november 1996. Pdf constitutionalisation of south african labour law. South african dept of labour official site with labour legislation, policy documents, and news. Variation and rescission of orders of labour court 166. The following south african books allow you to know and understand the law relating to the world of work. In the labour court of south africa southern african legal. The act heralded a new era in south african labour law. For nonlegal students this book should suffice as a primary source for their studies.

The contract states details such the leave, remuneration, company policy and when payment can be expected according to the requirements of labour law in south africa. Unfair dismissal, document, labour law, south africa, pdf. 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. Labour smart provides a one stop service for south african labour and employment law practitioners. We will courier a pdf copy of the manual in pdf format on a. The south african law journal is south africas premier law journal. Introduction retrenchment is the process by which staff is reduced to cull redundant employees and reduce the wage bill. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness.

A southern african perspective shows how the capacity of labour law to protect workers and effectively regulate labour markets in the southern african subregion is hampered by a number of factors. Once a court or an arbitrator finds that an employee has been unfairly dismissed, they are empowered to order the employer to reinstate or reemploy the dismissed employee or pay compensation to the dismissed employee. Add to enquiry south african labour law online issn. 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 council and fines and. Employee labour laws south africa labour law legislation. The purpose of this chapter is to highlight the objectives of the south african labour law dispensation and government policy regarding the labour market. South african labour history south african history online. Employment laws in south africa south african labour legislation. 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. Challenges facing the department of labour in implementing.

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 test gained from considering a wide range of factors. South african commercial, catering and allied workers union saccawu. Pdf the reinstatement and compensation conundrum in south. The programme will incorporate the law as it is regulated in the labour relations act and other relevant labour legislation of recent origin. Downloads your guide to labour law in south africa. Pdf reinstatement in south african labour law jean. Globalization, the impact of trade liberalization, and labour law. South africa is a state founded on the principles of a constitutional democracy. Draw a clear distinction between individual labour law and collective labour law. In the labour court of south africa held at cape town case no. 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.

South africas labour law is on par with many developed countries, according to a new report comparing labour legislation governing redundancies and restructuring in 23 countries around the world. It is sometimes negotiated and agreed to at the start of the employment relationship and the terms are embodied in the employment contract. Employment laws in south africa placement dynamics. Study unit 1 chapter 1 a lawblog for south african students. The labour law pdf 38p this note describes the following details related labour law. The south african constitution has had both astonishingly positive and niggling negative effects on the recent evolution of our labour law. 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 council and.

Students in the various disciplines of labour law study different aspects of labour law regulation, such as individual and collection labour law, employment equity, skills development, and comparative labour law. Your guide to labour law in south africa labour guide. Section 1871c of the south african labour relations act, 1995 the lra as amended provides that a dismissal will be automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. Labour appeal court means the labour appeal coufi established by section 167 of the labour relations act. Republic of south africa department of employment and labour. Labour courtmeans the labour court established by section 151 of the labour relations act, 1995. Basic conditions of employment act regulations amendment. For a period of sixteen years, from 1979 to 1995, several critical developments occurred in the field of labour law in south africa, beginning with a radical change in the first of these years, when a significant commission of enquiry was held, resulting in the establishment of an industrial court, which was given extensive powers to mould. The survey of the south african legislative framework with reference to.

South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. O 2nd respondent satu obo mogamat yusuf lackay 3rd respondent reasons for order. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. Who is and who should be an employee under south african labour law, 2004 25 ilj 787 at 789 hereinafter an accident of history. The way the legislature has attempted to achieve these objectives will also be explained. Nov 17, 2015 the contract states details such the leave, remuneration, company policy and when payment can be expected according to the requirements of labour law in south africa. The case of south africa presents south africa as a case study from a more sociological perspective. There is no requirement under south african employment legislation for employees to receive these payments. South african law consists of the constitution which is the supreme law of the country, legislation acts of the national and provincial legislatures, and governmental regulations, judicial precedent, the common law rules developed by previous decisions of superior courts, and rules and principles discussed in the old romandutch authorities. Founded in 1884, it is the oldest law journal of its kind in the world. Designated essential services alphabetical list 2020. At the end of this course, participants should be able to. Labour law is a dynamic and ever evolving subject with many facets for students to explore. South african executives express greater doubt about their organisations.

In the interests of labour market flexibility the sectoral determination distinguishes. Labour is a step in the right direction for the protection of vulnerable workers in the hospitality sector and the attainment of decent work as a major and fundamental objective of the department of labour. The south african law journal is the legal showcase for new ideas, changing attitudes. For instance the story of the gold mining industry has often been told as the story of progress modernisation, technological achievements, an expanding economy. Service and enforcement of orders of labour court 164. South africas labour market transformed since 1994, with an emphasis on strategies that eliminate labour inequalities of the past and improve general working conditions for all south africans. Legislation is supported by codes of good practice, issued. Government gazette staatskoerant south african government. The other three discussion papers examine old and new challenges facing labour law as a tool to promote social goals from specific regional. The fourth industrial revolution is here are south. Understand south african collective labour law in its international context. Official site with labour legislation, policy documents, and news. The 1996 constitution is the successor of the earlier interim constitution, act 200 of. Since the democratisation of south africa after april 1994 the countrys labour law was amongst the first areas of law to be reformed.