Amended labour relations act pdf pdf labour law south. Laws of south sudan labour act, 2017 in accordance with the provisions of articles 553 and 851 read together with 101f of the transitional constitution of the republic of south sudan, 2011, amended 2015, the transitional national legislative assembly, with the assent of the president hereby enacts the following. The employment equity amendment act came into operations 1 of august 2014. A comprehensive guide is an authoritative commentary that covers the main south african labour statutes, namely the labour relations act, basic conditions of employment act and the employment equity act. Economic challenges and technological advances may force your firm to retrench employees. Elimination of child labour, protection of children and young persons.
Add to enquiry south african labour law online issn. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act. In the apollo case the court once again had to determine the content of benefits in terms of section 1862a of the labour relations act 66 of 1995 hereafter the lra. Potchefstroom electronic law journal potchefstroomse. Compensation for injury and occupational diseases act of 1993 coida constitution of the republic of south africa 1996. A comprehensive guide 6 ed lexisnexis 2015 labour law through the cases updated to april 2019.
Enacted by the parliament and the president of zimbabwe. Section 32 of the principal act is hereby amended a by the insertion in subsection 3 of the following paragraph after paragraph d. The lraa signals a move by government to streamline the countrys labour environment and will require that south african businesses adjust the way they have traditionally. Labour amendment act, 2015 zimbabwe legal information institute. Amendment act act 20 of 20 bcea, the labour relations amendment act act 6 of 2014 and the employment equity amendment act act 47 of 20 eea were signed into law by the president. Labour relations amendment act parliament of south africa.
The labour law in south africa, and specifically the labour relations act, governs how and when retrenchments can be made. A handy book of the labour laws, being a popular guide to the employers and workmen act. Employment laws in south africa south african labour legislation. Study unit 1 chapter 1 a lawblog for south african students. We highly recommend the following two south african labour law books which cover the field in great depth. Cliffe dekker hofmeyr the labour relations amendment act. Since the early 1990s several specialist law report series were published such as the south african criminal law reports, the butterworths labour law reports and the butterworths constitutional law reports. If a south african company wants to employ a foreign national, theyll need to secure a work permit. In todays world, we need to arm ourselves with as much information regarding our rights. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded.
The aim of the society is to promote the advancement of labour law as a legal and academic discipline, and encourage collaboration between lawyers and other experts within the field of labour law. Labour law south africa, employment law south africa. In this context, wage refers to the remuneration that the worker receives for their work as is decided by the employer and employee. Draw a clear distinction between individual labour law and collective labour law. South african local government bargaining council second respondent arbitrator mlungisi sabela third respondent heard. On 1 january 2015 the labour relations amendment act no. Sep 08, 2019 to navigate through the ribbon, use standard browser navigation keys. Some truly monumental works on south african labour law have been published in the last decade and the works of brassey 1992,1998,1999, grogan 1988,1993,1999, 2000,2001,2003 and du toit 1998,2000 are essential publications in the library of any labour law. Legislation online south african government information, south africa pdf doc. Labour law in south africa understanding labour law in. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Labour relations act 66 of 1995 south african government. The basic conditions of employment act regulates pay in south africa.
The labour law in south africa functions to protect workers and ensure that they are paid properly. The labour relations amendment act will take effect on 1 january 2015 share page on 1 january 2015 the labour relations amendment act no. Republic of south africa the labour court of south africa, durban judgment reportable case no. The lraa signals a move by government to streamline the countrys labour environment and will require that south african businesses adjust the way they have. The law prevents the exploitation of workers and safeguards them against nonpayment. May 27, 2019 the labour laws amendment act, the labour relations amendment act, the basic conditions of employment amendment act and the national minimum wage act have recently been signed into law. The implementation of the labour laws amendment act from 1 january 2020 is welcome from an equality perspective but. Amended labour relations act pdf, document, labour law. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section. Understanding fixed term employment contracts themis law. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high labour council and.
Labour relations act, no 66 of 1995 extracts from the lra freedom of association and general protections. Sabinet, a leader in facilitating access to online labour and legal information, offers free wifi access in all of south africas labour courts. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. However, it is essential to do so in adherence to the requirements of the labour law in south africa.
These acts are not yet in force but are anticipated to come into effect in early 2019. South african dept of labour official site with labour legislation, policy documents, and news. This is a popular guide to the employers and workmen act, 1875, conspiracy and protection of property act, 1875, trade union acts, 1871, 1876, and 1893 with introductions, notes and the authorised rules and forms, for the use of workmen. S 149 amended by labour relations amendment act 6 fo 2014 from 1 jan 2015 amended by general intelligence laws amendment act 11 of 20 from 29 jul 20. Act 651 7 the six hundred and fiftyfirst act of the parliament of the republic of ghana entitled labour act, 2003 an act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Thisact may be cited as the employment amendmentact, 2015andshall bereadasone withtheemploymentact, inthisact referred to as the principal act. The eea also deals with issues such as fairness regarding a workers human immunodeficiency virus hiv status or disability, as well as the issue of affirmative action. On 01 january 2015 significant legislative changes to south african labour law took place when provisions of the labour relations amendment act of 2014 lraa were effected. To navigate through the ribbon, use standard browser navigation keys. Study unit 1 chapter 1 a lawblog for south african. The book covers the main south african labour statutes, namely the labour relations act, basic conditions of employment act and the employment equity act. Proposed by a member of the african christian democratic party in 2016 and approved by the national assembly towards the end of 2017, this law introduces three new forms of.
Under the labour law of south africa, retrenchment is when the employer dismisses an employee as part of a process whereby the employer restructures the business to become more profitable or to. The two most important considerations in south african employment law is that of substance and procedure. Amended by legal aid south africa act 39 of 2014 from 1 mar 2015. Especially when it comes to fair and unfair labour practices. Labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act to change the law governing labour relations. Retrenchments are allowed if done for economic, technological or structural reasons recognised by the labour relations act of the country. May 29, 2018 proposed by a member of the african christian democratic party in 2016 and approved by the national assembly towards the end of 2017, this law introduces three new forms of leave for employees. The amendments drastically changed the regulation on inter alia employees working via temporary employment services i. Employment laws in south africa placement dynamics. What constitutes a benefit by virtue of section 1862 of the labour relations act 66 of 1995 apollo tyres south africa pty ltd v ccma 20 5 bllr 434 lac. Uthukela district municipality applicant and bheki hamilton khoza first respondent south african local government bargaining council second respondent arbitrator mlungisi sabela third respondent. Influenced internationally through the ilo international labour organisation, division of united nations.
Labour department are entitled to investigate and search any workplace and if an employer is found to be in contravention of the act it can be fined up to r100 000. Hospitality section, south africa gn r437 in gg 29885 of 15 may 2007 act to give effect to the right to fair labour practices referred to in section 23 1 of. The following south african books allow you to know and understand the law relating to the world of work. Since january 2019, workers in south africa have been entitled to a minimum wage of r20 per hour, which translates to around r3,500 based on a 40hour working week. The new rules apply to all workers in south africa, with some exceptions, including the national defence force, the national intelligence agency, and secret service employees. Administrative appeals tribunal act 1975 australia. The labour laws amendment act, the labour relations amendment act, the basic conditions of employment amendment act and the national minimum wage act have recently been signed into law. Labour law south africa the congress of south african trade unions cosatu was launched in december 1985 after four years of unity talks between unions opposed to apartheid and committed to a nonracial, nonsexist and democratic south africa natlex. Read expaticas guide for more information on how to get a south african work visa. Who is and who should be an employee under south african labour law, 2004 25 ilj 787 at 789 hereinafter an accident of history. Official site with labour legislation, policy documents, and news. Labour legislation summary sa labour protect labour law. A comprehensive guide 6 th ed lexisnexis butterworths durban 2015 landman 2004 ilj. The labour law pdf 38p this note describes the following details related labour law.
Labour law amendments news that connects south africans. Your guide to labour law in south africa labour guide. This act may be cited as the labour amendment act, 2015. Occupational health and safety act 85 of 1993 as amended ohsa basic conditions of employment amendment act 7 of 2018. Labour relations act lra this act deals with the employment relationship. Gilesfiles has crossreferenced the latest judgements to correspond with the most recent cases. The effectiveness of south african labour legislation in dealing with mass industrial action before and after the promulgation of the constitution act 108 of 1996. The south african society for labour law saslaw is a nonprofit organisation. We specialise in public training, inhouse training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment acts.
It is hereby notified that the president has assented to the following act which is hereby published for general information. Amendments to the labour relations act act 66 of 1995 came into effect on january 1. Training courses, seminars labour law and ir related workshops 012 661 3208 fax. Every employeeworker is entitled to fair labour practices in south africa. With the commencement date of the protection of personal information act 4 of 20 popi fast approaching it is expected. A comprehensive guide is the most detailed, uptodate, useful and wellresearched textbook on the topic. Labour department are entitled to investigate and search any.
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