Chapter 1

Question 1

What is the definition of labour law?

Answer 1

Labour law is a body of legal rules which regulate relationships between employers and employees, between employers and trade unions and between employers’ organizations and trade unions

Question 2

What is individual labour law? And what does it include?

Answer 2

Individual labour law regulates the relationship between and employer and an employee.
It includes the law of contract, minimum standards and safety legislation, job security provisions, unfair discrimination and the prohibition of unfair labour practices

Question 3

What are the sources of labour law?

Answer 3

1. The constitution
2. International labour standards
3. Labour legislation
4. Collective agreements
5. Common law

Question 4

What does section 23(1) of the Constitution state?

Answer 4

Everyone has the right to fair labour practices

Question 5

What does section 23(2) of the Constitution state?

Answer 5

• Every worker has the right to form and join a trade union
• Every worker has the right to participate in activities and programs of a trade union
• Every worker has the right to strike

Question 6

What does section 23(3) of the Constitution state?

Answer 6

• Every employer has the right to form and join an employer’s organization
• Every employer has the right to participate in activities and programs of an employer’s organization

Question 7

What does section 23(4) of the Constitution state?

Answer 7

• Every trade union and every employer’s organization has the right to determine its own administration, programs and activities
• Every trade union and every employer’s organization has the right to organize
• Every trade union and every employer’s organization has the right to form and join a federation

Question 8

What does section 23(5) of the Constitution state?

Answer 8

Every trade union, employer’s organization, and employer had the right to engage in collective bargaining. National legislation may regulate collective bargaining

Question 9

True or false: The International Labour Organization (ILO) was founded under the Treaty of Versailles

Answer 9

True

Question 10

What is the principle purpose of the ILO?

Answer 10

To regulate international labour matters and to set standards thereof

Question 11

How does the ILO set standards of labour?

Answer 11

By imposing obligations on member states who adopt their conventions and recommendations. Which ultimately results in the convention forming part of national legislation

Question 12

What is the core focus of international labour standards?

Answer 12

Basic human rights. Including:

1. the minimum level of conditions of employment
2. the freedom of association
3. access to social security
4. Occupational health
5. Elimination of unfair discrimination

Question 13

What are the most noteworthy conversations adopted by SA? (which form part of our national legislation)

Answer 13

1. The Freedom of Association and Protection of the Right to Organize Convention
2. The Right to Organize and Collective Bargaining Convention

Question 14

What does the Labour Relations Act give effect to?

Answer 14

International labour standards

Question 15

Besides the promotion of legislation, how else are international labour standards endorsed in SA?

Answer 15

Via the constitution. Section 39(1) requires courts to consider international law; accordingly courts rely on international labour standards when determining labour disputes (which develops our judicial system)

Question 16

Name the Acts, which as legislation, regulates the employer-employee relationship

Answer 16

1. The Unemployment Insurance Act 1966
2. The Occupational Health and Safety Act 1993
3. The Compensation for Occupational Injuries and Diseases Act 1993
4. The Labour Relations Act 1995
5. The Basic Conditions of Employment Act 1997
6. The Employment Equity Act 1998
7. The Skills Development Act 1998
8. The Skills Development Levies Act 1999

Question 17

What is the significance of the Labour Relations Act 1955?

Answer 17

1. Most NB labour legislation
2. S210- all other legislation is subordinate to LRA (expect Constitution)
3. Advance eco development, social justice, labour peace, and democratization of workplace by fulfilling primary objectives of Act
4. Promotes con rights (fair labour, freedom of association, and right to strike)
5. Provides framework for collective bargaining
6. Promotes effective dispute resolution

Question 18

What is the significance of the Basic Conditions of Employment Act 1997?

Answer 18

1. Regulates conditions of employment
2. Advances economic development and social justice
3. Gives effect to con rights by enforcing basic conditions
4. Regulates working hours, leave, etc

Question 19

What is the significance of the Employment Equity Act 1998?

Answer 19

1. Rectifies disparities in employment (eg: wage gap)
2. Promotes equal opportunity by eliminating unfair discrimination
3. Implements and regulates affirmative action
4. Sets out designated groups

Question 20

What is the significance of the Skills Development Act 1998?

Answer 20

1. Develops skills of SA workforce
2. Increases level of education and training in labour market
3. Encourages employers to provide employees with opportunities in workplace
4. Encourages employees to participate in learning activities
5. Improves employment prospects for the previously disadvantaged

Question 21

What is the significance of the Skills Development Levies Act 1999?

Answer 21

1. Establishes compulsory levy schemes for the purpose of funding education and training in terms of Skills Development Act
   (1% contribution of employer’s monthly payroll)

Question 22

What is the significance of the Unemployment Insurance Act 1966

Answer 22

1. Regulates compulsory insurance scheme for employees (unemployed workers may get monthly payment)
2. Sets out conditions when employee may not claim
3. Contributions by employer compulsory

Question 23

What is the significance of the Occupational Health and Safety Act 1993?

Answer 23

1. Makes provision for health and safety of people at work
2. Regulates the health and safety of persons in connection with the use of plant and machinery
3. Ensures the protection of third parties against health hazards
4. Establishes an advisory council for occupational health and safety

Question 24

What is the significance of the Compensation for Occupational Injuries and Diseases Act 1993?

Answer 24

1. Provides for the compensation of disablement or death caused by occupational injuries of disease sustained in the course of employment
2. Establishes a fund- administered by the Workman’s Compensation Commissioner

Question 25

What is the essential feature of labour relations?

Answer 25

The employment relationship

Question 26

True of false: Common law entails the basis of the employment relationship, but legislation regulates it

Answer 26

True

Question 27

If we have legislation, why is the common law still relevant?

Answer 27

Because the common law is an underlying part of labour law. It fills in the gaps where legislation is silent on a matter. Courts continue to develop the common law

Question 28

True or false: collective agreements are the result of collective bargaining

Answer 28

True

Question 29

Who is/are bound to collective agreements?

Answer 29

Parties and their members

Question 30

When there is collective agreement; are conflicting terms and conditions individually agreed upon between employers and employees still valid?

Answer 30

No; collective agreements supersede any other terms and conditions individually agreed upon by the employer and employee

Question 31

Why are collective agreements an important source of SA labour law?

Answer 31

Because a great deal of employers and subsequent economic activity are dictated by such agreements

Question 32

What can collective agreements contain?

Answer 32

Agreements about:

• minimum wage
• terms and conditions of employment
• employee benefits. Eg: pension and medical aid

Question 33

What is the relationship between and employer and employee characterized by?

Answer 33

By an unequal distribution of power