South African Labour Rules And Regulations

Are you familiar with regulations governing fixed-term and temporary employment contracts?

Did you know that :

  • the expiry of a fixed-term contact can now amount to dismissal;
  • that after three months, fixed-term employees (including those hired from labour brokers) become permanent employees;
  • that employers may not treat an employee on a fixed term contract for longer than 3 months on the whole less favourably this his other employees who perform the same or similar work, unless there is justifiable reason?

To find out more about the new Labour Relations Amendment Act Number 6 of 2014 which came into effect on 1 April 2015, click here.

The acts you need to display at your workplace in South Africa.

Download the Four Acts you are required in your workplace and display them in a way that is visible and accessible to all employees :

Basic Conditions Of Employment Act (BCEA)

Basic Conditions of Employment Act Amendment Bill 2012

Form BCEA1A – Summary of the Act – English

“The BCEA Act applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for an organization with a charitable purpose.

The basic conditions of employment contained in the Act form part of the contract of employment of employees covered by the Act. Some, but not all, basic conditions of employment may be varied by individual or collective agreements in accordance with the provisions of the Act …

Employment Equity Act

Occupational Health and Safety Act

Skills Development Levy Act

“Our future growth relies on competitiveness and innovation, skills and productivity … and these in turn rely on the education of our people.” – Julia Gillard

SA Labour Guides and Codes of Good Practice are free of charge. Here are a few for easy reference :

SA Labour Guide – Absenteeism

SA Labour Guide – Alcoholism in the Workplace

SA Labour Guide – Desertion

SA Labour Guide – Dismissals

SA Labour Guide – Hours of Work and Overtime

SA Labour Guide – Leave

SA Labour Guide – Medical Certificates

SA Labour Guide – Polygraphs

SA Labour Guide – Poor Performance

SA Labour Guide – Public Holidays

SA Labour Guide – Resignations

CCMA Code of Good Practice on Aspects of HIV/Aids Employment

CCMA Code of Good Practice on Disability in the Workplace

CCMA Code of Good Practice on The Employment of People With Disabilities

CCMA Code of Good Practice on Pregnancy and Afterbirth

CCMA Code of Good Practice on Termination of Employment

CCMA Code of Good Practice on Handling Sexual Harassment Cases

“You will find men who want to be carried on the shoulders of others, who think that the world owes them a living. They don’t seem to see that we must all lift together and pull together.” – Henry Ford

Commission for Employment Equity : The South African Commission for Employment Equity is a statutory body established in terms of section 28 of the Employment Equity Act. Its role is to advise the Labour Minister on any matter concerning the Act, including policy and matters pertaining to the implementation of the EE Act. (Commission for Employment Equity Report 2015 – 2016).

Constitution of the Republic of South Africa 1996 – As adopted on 8 May 1996 and amended on 11 October 1996 by the Constitutional Assembly.

Department of Labour – Labour Relations Act and Amendments

Employment Equity Act (EEA) No. 55 of 1988 :

Employment Conditions Commission : From time to time various reports are published on the website which provide valuable information on certain sectors e.g. the 2016 “Employment Conditions Commission Report on the investigation into the Hospitality Sector” reports on :

  • The total contribution of the sector to GDP
  • The economic performance of the sector
  • The size of firms in the sector
  • Major developments and challenges in the sector
  • Expectations over the next five years
  • Minimum wages from 1/7/2017-30/6/2018

Protected Disclosures Act No. 26 of 2000 : This Act makes provision for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers; to provide for the protection of employees who make a disclosure which is protected in terms of this Act; and to provide for matters connected therewith.

Promotion of Access to Information Act 2 of 2000 : The Promotion of Access to Information Act, 2000 (or PAIA; Act No. 2 of 2000) is a freedom of information law in South Africa. The Act was created to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected therewith.

Promotion of Administrative Justice Act 3 of 2000 : The Promotion of Administrative Justice Act (PAJA) aims to make the administration lawful, reasonable and procedurally fair and to give everyone whose rights have been adversely affected by administrative action the right to be given written reasons. The objective is to promote efficient administration, good governance; and create a culture of accountability, openness and transparency in the public administration or in the exercise of a public power or the performance of a public function.