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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Labour Court judges are normally appointed from the ranks of specialist labour law practitioners practising soufh or attorneys and in some cases suitably qualified academics. The statutory rights may relate to the following issues:. If a business is transferred, the employees must be transferred with it, and employed on the same or similar terms and conditions.
The Code also states that following termination of the probationary period, probationary employees should not be dismissed unless they have been given appropriate remedial treatment and they have been allowed a reasonable period for improvement but have failed to improve their performance. The Constitution is the supreme law of the land, binding on all organs of State at all levels of government. Generally employees may challenge the denial of training where such training is a prerequisite for advancement in the workplace.
Unlike section 2 dhowever, section 2 c does not deal with termination of bccea nor does it state that there must be an offer of africaa to some employees and no offer in respect of others. Employees as well as senior management who earn above the earnings level threshold — the BCEA applies to them, but not with regards to working hours; d. Collective agreements will override the provisions of any inconsistent individual employment contracts and may also be concluded within bargaining councils and thus save as minimum wage and working conditions instruments.
The EEA prohibits “psychological and other similar assessments” of employees, unless such an assessment. There was video footage available as proof that he was not adequately searching the workers.
Basic Conditions of Employment Act – Summary
The object has been to create a statutory framework conducive to bargaining whilst preventing the judicial appropriation of politically sensitive terrain. This decision can afica challenged in the Labour Court. It is important, therefore, to determine what the essentials of the contract of employment are.
He argued that he had been unfairly retrenched, and that he was entitled to a permanent position. The investigation need not be a formal enquiry.
africs 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.
If the BCEA is correctly applied by employers and employees, there will be less problems and both parties to an employment agreement will be protected.
The Constitution recognises the right to freedom of association, the right to form and join a trade union and the right to participate in trade union activities.
The multiple or dominant impression test was followed, and the court used the factors discussed in Smit siuth assist it in obtaining the dominant impression that part-time district surgeons were in fact employees of the State. The LRA has decriminalised non-compliance with the Act. The meal interval can be reduced to 30 minutes by written agreement e. Such testing is prohibited unless it is held to be justifiable by the Labour Court, which may impose various conditions on such testing, including.
In this case, the dismissal was not in an attempt to force compliance; it had gone so far as to constitute operational reasons. The rationale for this is that the employee should only be penalised for actions or omissions which the employee knew at afrcia time were unacceptable.
National Labour Law Profile: South Africa
The BCEA always takes precedence over any agreement. Article by listed attorney: Employees can only be required to work on a Sunday or a public holiday where they have agreed to it.
Eight hours a day if a worker works more than five days a week. Does it commence when the contract is concluded, or rather when the employee starts working? Item 8 1 g – h makes it clear that there is a difference between a dismissal during probation and after probation. Dismissal is only one of a number of penalties that the employer may impose against the guilty employee. The contract will endure for the specified period, or upon the happening of a particular event or until a particular task has been completed.
Night Work Night work is unhealthy and can lead to accidents. Employers may make HIV testing available to employees as part of a “wellness” program, provided that it takes place confidentially and on the basis of informed consent.
Very often a recognition agreement, in terms of which the employer recognizes one or more trade unions as the collective bargaining agent of a certain category of employees, will include, as an annexure, an agreed disciplinary code and procedure.
The period of notice – This too is strictly regulated by the BCEA – the quantity and manner of giving notice of termination of a contract of employment will be specified below.
The test is objective, inquiring into whether or not a reasonable person would anticipate renewal in such circumstances. Employees may not place aftica in positions where their own interests conflict with those of their employers and may not, by exercising their powers of agency, acquire interests or benefits without the knowledge of their employers.
Item 11 deals with ill health or injury; item 9 deals with poor work performance.
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The second type of incapacity dealt with in the Code is ill health or injury. Under the common law, employees had to rely on delict if the employer did not ensure that the working conditions were safe and healthy, but this was viewed to be imprecise, and the Legislature intervened. Generally, differentiation will amount to discrimination if it is based on an unacceptable reason. Chapter 2 of the Constitution contains several provisions of relevance to employment and labour law:. Where an employee has warranted that he possesses a particular degree of skill, he must satisfy that representation.
If the employee fails to render service by desertion, absenteeism, abscondment, unpunctuality, etc. Such disputes include the following:. If the performance is not up to standard, the probationary employee should be given an opportunity to improve to the requisite standard.
The Commission for Conciliation, Mediation and Arbitration follows the Labour Court’s view and assumes jurisdiction over both punitive and preventative suspensions.