South africas labour legislation framework essay
South african labour laws
Stripped to its essence, the contract of employment today may be defined as an agreement between two parties, in terms of which one party the employee works for another the employer in exchange for remuneration. The application of the control test in isolation is entirely inadequate, as certain employees have a wide discretion as to how to perform their work. If the Labour Courts decide that the case is such that compensation should be awarded, they have no discretion in respect of the amount. Registered unions which have as members a majority of employees in a workplace have a further right to disclosure of all relevant information, which allow its representatives to perform their functions. Compensation must be awarded from the date of dismissal to the date of adjudication, subject to a maximum of 12 months compensation. Societal Disposition There is an increasing propensity by employees to avail themselves of their rights in terms of employment related legislation. Web Links. This means that it is necessary to look outside the legislation to determine the meaning of these terms, in order to distinguish between an employee and an independent contractor. The Court has wide discretion and may determine the dispute on terms it deems or reasonable, including but not limited to the ordering of reinstatement or compensation.
Any additional hours will be considered overtime for which a specified amount of additional remuneration is prescribed. In Colonial Mutual Life Assurance Society v MacDonaldthe court held that the employee was subject to the control of the employer in the sense that the latter had the right to prescribe not only what work had to be done, but also the manner in which that work had to be done.
The Labour Courts have a discretion on whether compensation should be awarded or not. When courts examine the "other provisions of the contract," they will consider all relevant aspects of the relationship.
Employees rights in the workplace in south africa
Employees can only be required to work on a Sunday or a public holiday where they have agreed to it. The Labour Court based its decision on the following factors: The doctors rendered "personal services. However, it recognises that, given the historical disparities, simply removing discrimination does not in itself result in substantive equality. What then are those statutory hours of work? What are barriers? The employer was obliged to pay a "contractual salary" to the doctors even in the absence of any actual work being performed, as long as the doctors made themselves available to do the work. The LRA gives recognition to organisational rights in Sections 12 and There is an indefinite or specified period.
The LRA defines a strike as a partial or complete concerted refusal to work or the retardation or obstruction of work by employees of the same employer for the purpose of remedying a grievance or resolving a dispute in respect of a matter of mutual interest.
Overtime is limited to a total of 10 hours per week and then too, may not exceed 3 hours of overtime per day.
Increasingly members of management including senior management have come to appreciate that South African employment legislation draws no distinction between senior managerial and lowly skilled employees and affords them the same rights and benefits.
Employees can only be required to work on a Sunday or a public holiday where they have agreed to it. This idea finds expression in section 13 of the Constitution, which provides that "no one may be subjected to slavery, servitude or forced labour," and section 48 of the Basic Conditions of Employment Act, which states that "all forced labour is prohibited.
It has concurrent jurisdiction with the High Court in respect of violations of certain fundamental rights protected in the Constitution.
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