The following legislation regulates labour relations in South Africa in general:
- Labour Relations Act, Act 66 of 1995 (LRA)
The LRA remains the principal labour statute and regulates collective rights and also provides protection against labour practices. The LRA regulates trade unions and employers’ organisations and establishes key dispute resolution agencies in the form of the CCMA and labour courts.
- Basic Conditions of Employment Act, Act of 1997 (BCEA)
The BCEA establishes and enforces the minimum statutory terms on which employers and employees may contract.
- Sectoral Determinations
A Sectoral Determination controls the terms and conditions of employment in a particular sector where there is no centralised collective bargaining and which requires detailed and specific regulations. Conditions in a Sectoral Determination may differ from those in the BCEA, but will rank superior.
- Bargaining Council Agreements
Bargaining Councils deal with collective agreements, solve labour disputes, establish various schemes and make proposals on labour policies and laws. Trade unions and employers’ organisations may form Bargaining Councils.
- Employment Equity Act, Act of (EEA)
The EEA prohibits unfair discrimination in employment, defined to include a wide range of policies and procedures. It also requires designated employers (employers with 50 or more employees, or an annual turnover as specified in Schedule 4 of the EEA) to formulate an Employment Equity plan (EEA13) and to submit reports (EEA2 and EEA4) to the Department of Labour.
- Skills Development Act, Act 97 of 1998 (SDA)
The SDA regulates standard settings, training and development by requiring employers (with an annual expenditure on salaries exceeding R500,000.00) to contribute 1% of their payroll to the fund infrastructure established by the SDA.
- Unemployment Insurance Fund (UIF)
UIF provides short term relief to workers when they become unemployed or are unable to work because of maternity or adoption leave, or illness. It also provides relief to the dependants of a deceased contributor. It is the employer’s responsibility to pay over the unemployment insurance contributions (2% of the employee’s salary) although both the employer and employee equally contribute 1%.
- Compensation for Occupational Injury and Diseases Act, Act 130 of 1993 (COIDA)
When injured on duty or becoming sick as a result of your work, an employee can claim compensation from the Compensation Fund. Families or dependants can also claim if their breadwinner dies as a result of a work-related accident or disease. All employers must register with the Compensation Commissioner and will be rated annually, after which payments must be made.
- Occupational Health and Safety Act, Act 85 of 1993 (OHSA)
OHSA regulates health and safety conditions in the workplace. Legislation applies to all employers in terms of creating a safe and healthy working environment. Certain regulations must be implemented when the employer employs five or more employees.
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BProc, LLM (Mercantile Law) Christo is an admitted attorney of the High Court with extensive experience in various aspects of practicing law in the business environment.