Chapter 1 Flashcards
understanding labour law (20 cards)
What can labour law be described as?
a system of rules regulating one aspect of modern society, namely work or labour.
where can the origin of SAs labour law be traced back to?
Roman Empire
What caused a major shift in SAs labour law?
The adoption of the 1996 constitution
What is a casual employee?
someone hired for a specific task or period, without a long-term contract or guaranteed hours.
What does Individual Labour Law focus on?
Relationship between employer and individual employee
Individual Labour Law deals with the rights and obligations of employees and employers in a one-on-one context.
What is the focus of Collective Labour Law?
Relationships between collective entities and groups such as employer and employees or between employer organisations and employees
Collective Labour Law addresses the interactions and negotiations between groups representing workers and employers.
Name a topic included in Individual Labour Law.
- Appointments
- Dismissal
- Enforcement of contract of employment
- Termination of contract of employment
- Promotions
- Demotions
These topics cover various aspects of the employment relationship and its management.
What topics are included in Collective Labour Law?
- Bargaining between employers and trade unions
- Strikes
- Lockouts
- Protest action
These topics pertain to collective actions taken by employees for work-related purposes.
What is the source of law inherited from Roman Dutch Law and English law?
Common law
What document regulates a large number of labour law issues?
The contract of employment
Name two types of legislation relevant to labour law.
- Labour Relations Act
- Basic Conditions of Employment Act
What type of law illustrates the principles contained in labour legislation?
Case law
What are agreements entered into between Employer(s) and Trade union(s) called?
Collective agreements
From which organization do many International Labour Standards originate?
International Labour Organisation (ILO)
What significant document was established in 1996 that impacts labour law?
The Constitution 1996
What is an informal source of labour law that can influence practices?
Custom
What is the order of the lexical process?
- Bill of Rights
- Core rights in terms of the BCEA and NMWA 3. Bargaining council collective agreements
- Collective agreements (other than Bargaining council agreements)
- Sectoral and ministerial determinations
- BCEA
- Individual agreements (contracts of employment)
- Common law
latin
What is the ordinary employment contract where an employee places their services under the control of the employer in exchange for remuneration called?
locatio conductio operarum
latin
What is a contract of letting and hiring of services rather like what an independent contractor will do when performing a service called?
locatio conductio operis
