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Chapter 7 The South African Labour Legislative Framework

Learning objectives. Summarise the principles and law applicable to the contract of employmentList the major components of the South African labour legislative framework Discuss the purpose and key principles of the LRA, BCEA and EEADiscuss the purpose of further important labour legislation .

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Chapter 7 The South African Labour Legislative Framework

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    1. Chapter 7 The South African Labour Legislative Framework

    2. Learning objectives Summarise the principles and law applicable to the contract of employment List the major components of the South African labour legislative framework Discuss the purpose and key principles of the LRA, BCEA and EEA Discuss the purpose of further important labour legislation

    3. Contract of employment Definition Capacity to contract: Age Insanity The influence of drugs and alcohol The contract must be legal Possibility of performance Intention

    4. Contract of employment (cont.) Agreement: Misrepresentation Mistake Undue influence Duress

    5. Contract of employment (cont.) Duration of the contract Fixed-term Indefinite-period Methods of concluding a contract Written, verbal & tacit

    6. Contract of employment (cont.) Duties of the employer: Receiving the employee into service Expecting only reasonable and agreed hours of work Remunerating the employee Provision of safe working conditions Leave Compliance with statutory requirements

    7. Contract of employment (cont.) Duties of the employee: To supply services To perform competently To show loyalty To show reasonable respect and obedience To maintain levels of good conduct

    8. Contract of employment (cont.) Termination of the contract of employment - Expiry of agreed period - Completion of task - Notice - Summary termination - Repudiation - Mutual agreement - Dismissal - Death - Insolvency - Sickness/disability - State action - Operational requirements

    9. The Labour Relations Act 66 of 1995

    10. Chapters 1 and 2 Chapter 1: Purpose, application, and interpretation of the Act Chapter 2: Freedom of association and general protection

    11. Chapter 3: Collective bargaining Organisational rights Collective agreements Agency-shop agreements (section 25) Closed-shop agreements (section 26) Bargaining councils Powers and functions Extension of bargaining council agreements Statutory councils

    12. Chapter 4: Strikes and lockouts Definition of strike Definition of lockout Limitations on the right to strike and lockout Procedural requirements Effect of procedural strikes and lockouts Replacement labour Strikes and lockouts not in compliance with the Act Picketing Essential services and maintenance services Socio-economic protest action

    13. Chapter 5: Workplace forums Purpose Establishment Chapter 6: Trade unions and employers’ organisations

    14. Chapter 7: Dispute resolution Commission for Conciliation, Mediation and Arbitration (CCMA) Labour Court and Labour Appeal Court

    15. Chapter 8: Unfair dismissal Purpose and basic principles Automatically unfair dismissals Other unfair dismissals Misconduct Incapacity Operational requirements Disputes [NB: See Text Chapter 8 for more detail]

    16. Chapter 9: General provisions Temporary employment services

    17. The Basic Conditions of Employment Act 75 of 1997

    18. Chapter 1: Definitions, purpose, and application of the Act Purpose of the Act Application Inclusion of provisions in contracts of employment & validity of agreements

    19. Chapter 2: Working time Ordinary hours of work Overtime Extended ordinary daily hours of work Averaging hours of work Meal intervals

    20. Chapter 2: Working time (cont.) Daily and weekly rest periods Work on Sundays Night work Public holidays Exclusions Emergency work

    21. Chapter 3: Leave Annual leave Sick leave Maternity leave Protection of employees before and after the birth of a child Family responsibility leave Leave in excess of entitlement Exclusions

    22. Chapter 4: Remuneration, deductions, and notice of termination Chapter 5: Termination of employment

    23. Chapter 6: Prohibition of employment of children and forced labour Chapter 7: Variation of basic conditions of employment Chapter 8: Sectoral determination

    24. The Employment Equity Act 55 of 1998

    25. Purpose 1. Eliminate/prohibit discrimination 2. Implement Affirmative Action

    26. Discrimination Elimination / prohibition of unfair discrimination - potential grounds Fair discrimination - AA - Inherent job requirements Medical testing Psychometric testing Burden of proof

    27. Affirmative action “Designated employer” “Designated group” Duties of designated employer: - Consultation; Workplace Analysis; Equity Plan; Report on progress Monitoring & enforcement

    28. The Broad-Based Black Empowerment Act 53 of 2003 The Skills Development Act 97 of 1998 The Skills Development Levies Act 9 of 1999

    29. The Occupational Health and Safety Act 85 of 1993

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