Career & Career choices (laws) Flashcards
Workers rights examples
Right to choose own trade, profession, occupation
Right to fair labour practise
Right to join a union
Right to strike
Part of programme /activities arranged by union
Employers rights in SA
Right to join an employers organization
Right to be part of program & activities arrange by employers organization
Workers obligations in SA
Keep agreement in job contract
Give employer value for his money by being productive & present
Employers obligations in SA
Keep agreement to work contract
Not engage in unfair labor practice
Arrange business according to labour law
Apply affirmative action
Apply equity action in workplace
Basic conditions of employment act
Protect employee & employer from taking advantage of each other or practicing unfairness in workplace
Laws that rule SA labour
Labour Relations Act
Basic Conditions of Employment Act
Employment Equity Act
Skills Development Act
Employment Equity & Equity Plan
States that a designated employer must prepare & implement a plan to achieve employment Equity which must have objectives for each year of plan & include affirmative action measures as well as a timetable each year
EEA purpose
Ensure equity is achieved & maintained in the workplace.
Promotes equal opportunity & fair treatment by eliminating discrimination
Provides a framework for implementing affirmative action within workplace
Labour Relations Act (LRA)
To ensure that no employee is treated unfairly or discriminated against
Related to working conditions & ensures everyone’s constitutional right to fair labour practise
Provides clear legal guidance on disputes, negotiation, strike action
If unfairly dismissed go to Commission of Conciliation, Mediation & Arbitration (CCMA)
LRA gives right to dismiss workers on following grounds :
1) conduct of employee (theft)
2) capacity of worker (poor work performance)
3) operational requirements of employers business (retrenchment)
Basic Conditions of Employment Act
Ensure all workers are fairly treated
Stipulates legal requirements with regard to :
No. of hours an employee is supposed to work
Overtime employee is allowed
Meal shifts
Maternity leave
Notice if termination of Employment & remuneration
Etc.
Equity
Applying fairness, equal access & impartiality when treating people irrespective of gender, race, creed, ethnicity & disability
Redress
Remediation of unfair & undesirable situations of the past
E.g) disciplinary hearing, work forums, trade unions
Equality
State of being equal in status, rights opportunity
Affirmative action
Equal employment opportunities & equal representation in all occupation groups & leaves in thr workplace
Employment Equity
No. of workers from the different work groups in the workplace. Equity is achieved through affirmative action.
Recruitment
Process of getting the right person to apply for a job
Trade unions & organized labour objective
Large sector representing working class who negotiate better wages & working conditions
Role of trade unions
Assist & represents other employees in grievances & disciplinary hearings
Attend union conferences & Training courses
Check whether employees are keeping law when treating employees
Appraise employees in carrying out their functions & duties
Role of organized labour
Help improve conditions & economic power of working class
Negotiate on behalf of members on higher wages, better benefits & protection from termination
Lobby for better labour laws with legislators & politicians
Role of workplace forums
Promote interests of all employers irrespective of union affiliation
Enhance efficiency in the workplace
Consult employees on certain matters like staff development
Work ethics
Principles that hard work is intrinsically virtuous or worthy of reward.
E.g)integrity, responsibility
Equaty Principle
.
Job /employment contract
Signed agreement between employer & employee outlining both thr rights & responsibilities of two parties
Purpose of job contract
Clarifies obligations & terms of Employment for both employer & employee is set by BCEA
Pros of contract
Outlines duties & benefits etc. providing stability
Disadvantage : flexibility limited, legally binding, can only be changed by negotiation
Skills Development Act (SDA)
Expand knowledge & competencies of labour force in order to improve productivity & employment.
SDA purpose
Improve quality of life of workers
Improve productivity & competitiveness of employers
Increase levels of investment in education & training in labour market
Organized labour
Association if workers, employers or workers associations united as a single representative entity ti improve economic status & working conditions
Forms of organized labour
Trade unions
Employee organization
Federations (COSATU)
Federations
Group of organizations made of smaller groups such as trade unions to negotiate with government & represent members
Trade unions
Organisations that represent the interests of their members in workplace like South African Democratic Teachers union