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25/02/2022

David White - Labour Legislation in South Africa

LABOUR RELATIONS ACT (LRA)

This Act deals with the employment relationship. It gives rights to both parties and dictates how the employer and employer are to conduct themselves in the employment relationship, for example employees are entitled to associate freely with Trade Unions. The Act also sets limits to how trade unions are organized and how they conduct themselves. The Act deals with strikes and lockouts and the resolution of disputes through the CCMA. The Act also defines dismissals and sets out how a dismissal is to be effected in order to be both procedurally and substantively fair.


BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA)

This Act relates to the working conditions of employees by providing standard / basic conditions of employment. Some terms covered by the Act include leave, overtime, hours of work, etc. 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 BCEA, however, parties are free to contract on terms that are more favourable.


EMPLOYMENT EQUITY ACT (EEA)

The EEA regulates the treatment of all employees and its main function is to ensure that all employees are treated equally and that there is no discrimination in the workplace. A recent amendment to this Act includes the call for employees who are engaged in same / similar work to be remunerated at the same/similar level.


SKILLS DEVELOPMENT ACT (SDA)

The SDA was passed in order to help employees improve and develop skills in the workplace. There is currently a skills development levy (SDL) that is payable to the South African Revenue Services for skills development of employees.

UNEMPLOYMENT INSURANCE ACT (UIA)

The main purpose of the UIA is the regulation and administration of a fund (UIF) that collects contributions from employees and employers in order to assist the employees in periods of employment due to maternity, illness and unemployment.

Source: DRG Outsourcing - David White, Youshi Naidoo & Nikita Pillay
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 DRG - Labour Legislation in SA.pdf


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