LEGISLATION Flashcards
(24 cards)
Skill Development Act (SDA)
PPNCP
Purpose: Develop skills to improve productivity in the workplace.
Positive Impact: Increase productivity; enhance global competitiveness of SA businesses.
Negative Impact: Pay 1% from salary for training; potential decrease in productivity.
Compliance: Employers must register with relevant Seta; non-compliance affects grant claims.
Punitive Measures: Limits access to learnerships.
Labour Relations Act (LRA
PPNCP
Purpose: Promote fair labour practices and collective bargaining.
Positive Impact: Faster, cheaper resolution of labour disputes; protects business rights.
Negative Impact: Increased costs of labour disputes; decreased global competitiveness.
Compliance: Employers must join workplace forums.
Punitive Measures: Dismissals for joining trade unions.
Employment Equity Act (EEA)
PPNCP
Purpose: Implement affirmative action and equal pay for equal work.
Positive Impact: Promotes diversity in the workplace.
Negative Impact: May exclude unsuitable candidates; requires training in specialized areas.
Compliance: Must implement Employment Equity plans.
Punitive Measures: Dismissal for non-compliance.
Basic Conditions of Employment Act (BCEA)
PPNCP
Purpose: Set minimum standards for employment conditions.
Positive Impact: Establish acceptable employment practices.
Negative Impact: Time-consuming contract drafting; limited employee development.
Compliance: Follow Labour Court orders.
Punitive Measures: Medical certificates required for sick leave.
Consumer Protection Act (CPA)
PPNCPD
Consumer Protection Act (CPA)
- Purpose: Promote responsible consumer behavior and protect consumer rights.
- Positive Impact: National Consumer Commission (NCC) reviews disputes to ensure businesses don’t exploit consumers.
- Negative Impact: Consumers may abuse their rights; could lead to increased costs for businesses.
- Compliance: Businesses must register and adhere to CPA regulations.
- Punitive Measures: Fines for non-compliance; may restrict ability to trade.
- Discriminatory Conduct/Actions: Changes in fees or charges can lead to legal scrutiny under the CPA.
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Compensation for Occupational Injuries and Diseases Act (COIDA)
PPNCPD
- Purpose: Provide compensation for injuries, illnesses, and deaths in the performance of work-related duties.
- Positive Impact: Promotes health and safety in the workplace; claims procedures are relatively simple.
- Negative Impact: Claim procedures can be time-consuming and expensive; not all employees are registered.
- Compliance: Employers must organize training on COIDA and pay contributions to the Compensation Fund.
- Punitive Measures: Employers can face recovery actions.
- Discriminatory Conduct/Actions: Issues in registration could affect claims, especially for domestic workers.
Broad-Based Black Economic Empowerment Act (BBBEE)
PPNCPD
- Purpose: Spread wealth more widely across the population, targeting inequality in South Africa.
- Positive Impact: Improves a business’s image; attracts investors and government tenders.
- Negative Impact: Implementation can be time-consuming and administratively intensive; may lead to consumption and operational issues.
- Compliance: Must use a verified BBBEE score; businesses must undergo audits outside their normal operations.
- Punitive Measures: Failure can lead to lost business opportunities or fines.
- Discriminatory Conduct/Actions: Refusal to register government suppliers for not meeting BBBEE compliance.
National Credit Act (NCA)
PPNCPD
- Purpose: Promote responsible granting of credit to protect consumers and avoid over-indebtedness.
- Positive Impact: Protection against non-paying consumers; access to credit is managed more effectively.
- Negative Impact: Reckless lending can lead to reduced credit availability; high debt can affect consumer behavior.
- Compliance: Register credit providers with the NCA; must assess the ability to repay.
- Punitive Measures: Failure to comply can result in fines.
- Discriminatory Conduct/Actions: Credit providers may exploit consumers or use misleading information.
BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA)
Provisions
6 PTS
1 WORKING HOURS: No more than 45 hours of work per week.
- 8 hours a day - 5 days a week.
- 9 hours a day - 4 days a week.
- 1 day is normal off to rest.
- 2 normal days off on Sundays/Public holidays.
2 OVERTIME
- Limited to the specified hours.
3 MEALS AND REST PERIODS:
- No less than 30 minutes after 6 hours of continuous work.
4 TERMINATION OF EMPLOYMENT
- Notice period is 1 month or as per contractual terms.
5 CHILD AND FORCED LABOR / PUBLIC HOLIDAYS
- Illegal to employ a child under 15.
- Employee must be paid for any public holiday that falls on a working day.
6 LEAVE
- Annual leave: 21 consecutive days / 1 day per month worked.
- Sick leave: 30 days accrued over 3 years.
- Maternity leave: 4 months.
- Parental leave: 10 consecutive days.
- Family responsibility leave: 3 days paid leave per year for birth of a child/spouse/parent’s death (death certificates required).
Rights of EMPLOYEES
LRA
- To join a trade union of their choice.
- Participate in legal strikes as a solution to grievances.
- A workplace forum to resolve work-related issues.
- Unresolved disputes to the Commission for Conciliation, Mediation, and Arbitration (CCMA).
- Refer unresolved CCMA disputes to the Labour Court for an appeal.
Rights of EMPLOYERS
LRA
- To form employers’ organisations.
- To lockout employees when unprotected or illegal strikes.
- Form a bargaining council for the purposes of collective bargaining.
- Suspend employees for participating in strikes/ misconduct (pending resolution during lockout).
- Not compensating employees who are participating in protected strikes.
National Skills Development Strategy (NSDS)
SDA
Increase access to programs that gain recognition.
Improve optimal development through economic development.
Role and function of SETA
SDA
- Role and function of SETA
- Register internships and learning programmes
- Promote and establish different learnerships
- Approve the workplace skills plans and training reports submitted by businesses
Funding of SETAs
SDA
- Donations / Grants received from the public programmes.
- Surplus funds of government institutions
- Funds received from the delivery of their services.
Learnerships
SDA
- A theoretical and practical training opportunity that leads to a recognized professional qualification.
- During working hours for a specified period.
- Includes a training course with learning materials as well as practical work experience.
Human Resource Development Strategy (HRDS)
SDA
- Address skills shortages in the SA workforce.
- Increase/encourage employee participation in lifelong learning.
CONSUMER PROTECTION ACT (CPA)
RIGHTS FOCUS ON SAFETY AND MARKETING OF PRODUCTS
-
Right to choose.
Shopping around for the best prices and making informed choices. -
Right to info about products.
Disclose information about products. - Right to fair terms and conditions when purchasing.
NATIONAL CREDIT ACT (NCA)
RIGHTS FOCUS ON CREDIT
- Apply for credit without being discriminated against.
- Receive reasons when credit is denied by credit providers.
- Provide personal information.
- Receive pre-agreement documentation before concluding any credit agreement.
- Receive information in simple and understandable language.
Differences between BEE and BBBEE:
Differences between BEE and BBBEE:
-
BEE: A government policy that is not enforceable.
BBBEE: A law that is enforceable / must be complied with by businesses. -
BEE: Favours only a few previously disadvantaged people in the economy.
BBBEE: Encourages a wider group of previously disadvantaged people to participate in the economy, including women, people with disabilities, and youth. -
BEE: Focus only on THREE pillars that do not include all previously disadvantaged people.
BBBEE: Focus on FIVE pillars which particularly emphasize the economic empowerment of black people and disadvantaged communities.
Management control
FIVE pillars of BBBEE
- Appoint black people in senior executive positions/to management.
- Involve black people in the decision-making processes.
- Ensure that black females are represented in management.
Skills development
FIVE pillars of BBBEE
- Business must engage black employees in skills development initiatives.
- Provide learnerships and learning programmes to black employees
- Business benefits from the increased pool of skilled/trained workers
Ownership
FIVE pillars of BBBEE
- Business should include black people in shareholding/partnerships/franchises.
- More opportunities are created for black people to become owners/ entrepreneurs.
- Encourage small black investors to invest in big companies and share ownership
Enterprise and supplier development (ESD)
FIVE pillars of BBBEE
- Outsource services to suppliers that are BBBEE compliant.
- Identify black owned suppliers that are able to supply goods and services
- Businesses are forced to choose from a smaller pool of suppliers.
Social responsibility
FIVE pillars of BBBEE
- Plan and budget for CSI projects.
- Form task teams who will be directly responsible/dealing with issues of social development.
- Implement triple bottom line principles as part corporate citizenship.
