Labour Relations Flashcards
Section 10 of the Basic conditions of Employment
Can be negotiated contractually and must be better then the minimum which is 16150 per month
List the 7 Frameworks of Law
Common Law
Constitutional Law
Labour Relations Act 1995 (LRA)
Basic Conditions of Employment Act (BCEA) no 75 of 1997
Emplyment equity act of 1998
Public Holiday Act No. 36 of 1994
Sills Developmment Act No.97 nof 1998
What does Section 200 of the Labour Relations Act state
Until the contrary is proved, any person who works for another regardless of the form of the contract is proven to be an employee, if any of the following are present:
- Directed by the “employer”
- Part of an organisation
- Average of 40 hours a week in the last 3 months
- Econmoically dependent
- Provideed tools
- Renders sevices only to the employer
List 2 rights of an Employee
Participate in forming a trade union or federation of trade unions
Join a trade union, subject to its constitution
List the rights that a member of a trade union has
Participate in its lawful activities
Participate in the election of its office-bearers
Hold office within the Union
Carry functions of a trade union representative
List the three rights of a trade union as part of the federation of tradue unions
Particiapte in its lawful activities
Participate in its elections
Hold office
Define employer
Any person who employs or provides work for any other persons and gives remuneration
What occupation is not included as an employer according OHSA
Labour brokers
How do large companies distinguish between employer and employee
Director and or general manager represent the company and assumes all the responsibilites and accountabilities of the role of an employer
List 5 conditions the employer must ensure for the employee
Recieve the employee into service
Remunerate the employee
Ensure safe working conditions
Perform general and Contractual duties
Execute statutory duties
What is the unemployment rate in South Africa in
A) 2014
b) 2024
A) 24.1
B) 33.2
List the 5 courts starting from the most important.
The Constituitional Court
The Supreme Court of Appeal
The High Courts (Labour Courts has the same standing)
The Magistrates Courts
Various other Courts establisheed by Acts of Parliament
CCMA (Comission of Conciliation, Mediation and Arbitation) declared labour rights that are enshrined in the Constitution. List them (7)
Section 18: Freedom of Assosciation
Section 23: Labour Relations
Everyone has the right to fair labour practices
Every worker has the right to form and join a trade union and to participate in the unions activities
Every worker has the right to strike
Every employer has the right to form and join an employers organisation and to participate in the activities of the organisation
Every trade union, employers organization and employer has the right to engage in collective bargaining.
Chapter 2 of the constitution contains several provisions of releveance to the employment and labour law. List them (4)
The right to equality
Protection of dignity
Protection against servitude, forced labour and discrimaination
The right to pursue a livelihood
Protection for children against exploitative labour practices and work that is hazardous to their well-being
LRA applies to all employees except certain members.
List them: (4)
National Defence force
National Intelligence Agency
South African Secret Service
South African National Academy of Intelligence
