Labour Law – A Brief Overview
Published in Labour Law · 5 July 2022
Each and every year, new labour laws are created, and old laws are amended or abolished. As ordinary citizens, business owners and employees, it’s hard to understand these laws let alone keep abreast of current changes and amendments. Hence, we will be providing you with a basic understanding of the law and urge you to contact us with any labour query or issue that you may have.
Prior to 1994, the South African labour law landscape was vastly different to what it is now. The law provided significantly less protection than it does now for employees and their rights. Dismissing an employee was far less cumbersome and the punishments for flouting labour regulations were far less punitive in nature. The forums that were established to deal with labour related disputes, like the Industrial Courts, were not easily accessible to labourers.
Post Apartheid saw the dawn of a new age for labour relations with the advent of the Commission for Conciliation Mediation and Arbitration (CCMA). This allowed a quick, easy and affordable way for employees to resolve their employment issues. Year on year, the number of cases being referred to the CCMA is increasing as more and more employees are taking advantage of the strict labour regulations in our country. In addition to the CCMA, Bargaining Councils were formed across the country to deal with specific industries and alleviate pressure from the CCMA. Furthermore, the Department of Labour is tasked to deal with all the issues that did not fall within the jurisdiction of the CCMA.
South Africa’s primary pieces of labour legislation are the Basic Conditions of Employment Act of 1997 (BCEA) and the Labour Relations Act of 1995 (LRA). The laws contained in these two documents affect most of the country’s employers and employees. They flesh out the overarching labour law provisions contained in the Constitution of South Africa.
The BCEA provides a minimum standard that must be achieved by all employers in the workplace and it details the terms and conditions of employment with employees. The LRA on the other hand focuses more on regulating the employment relationship between the parties as well as third parties like Trade Unions.
Over time, to counter the rise of new issues in the workplace, government has continuously implemented new legislation which includes amendments to the BCEA and LRA. This has resulted in more rights for employees and has given employees more job security. Naturally, there are many employers who feel aggrieved by the amount of red-tape these laws create in the operations of their businesses. However, when used correctly, the law can work for both parties and can result in an effective and harmonious employment relationship.
No one is exempted from upholding and applying the law when it comes to any form of employment. This is true for the CEO of a national company who employs an operations manager or the family at home employing a domestic worker or gardener – the law must be followed. Failure to do so can result in costly and unwanted consequences.
The first aspect to be aware of when it comes to employment is that when you are employing someone or being employed, you should sign an employment contract. The importance of this document cannot be underestimated as it codifies the terms and conditions of the relationship between employer and employee. What goes into the contract is generally dictated by the rules contained in the BCEA.
Look out for our next article that breaks down and explains the different issues covered in the Basic Conditions of Employment Act.
This article does not constitute legal advice and is based on the author’s interpretation of legislation and case law. Book a consult for legal advice or assistance pertaining to your specific matter.