Chapter 1 Flashcards
What is the definition of labour law?
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
What is individual labour law? And what does it include?
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
What are the sources of labour law?
- The constitution
- International labour standards
- Labour legislation
- Collective agreements
- Common law
What does section 23(1) of the Constitution state?
Everyone has the right to fair labour practices
What does section 23(2) of the Constitution state?
- 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
What does section 23(3) of the Constitution state?
- 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
What does section 23(4) of the Constitution state?
- 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
What does section 23(5) of the Constitution state?
Every trade union, employer’s organization, and employer had the right to engage in collective bargaining. National legislation may regulate collective bargaining
True or false: The International Labour Organization (ILO) was founded under the Treaty of Versailles
True
What is the principle purpose of the ILO?
To regulate international labour matters and to set standards thereof
How does the ILO set standards of labour?
By imposing obligations on member states who adopt their conventions and recommendations. Which ultimately results in the convention forming part of national legislation
What is the core focus of international labour standards?
Basic human rights. Including:
- the minimum level of conditions of employment
- the freedom of association
- access to social security
- Occupational health
- Elimination of unfair discrimination
What are the most noteworthy conversations adopted by SA? (which form part of our national legislation)
- The Freedom of Association and Protection of the Right to Organize Convention
- The Right to Organize and Collective Bargaining Convention
What does the Labour Relations Act give effect to?
International labour standards
Besides the promotion of legislation, how else are international labour standards endorsed in SA?
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)
Name the Acts, which as legislation, regulates the employer-employee relationship
- The Unemployment Insurance Act 1966
- The Occupational Health and Safety Act 1993
- The Compensation for Occupational Injuries and Diseases Act 1993
- The Labour Relations Act 1995
- The Basic Conditions of Employment Act 1997
- The Employment Equity Act 1998
- The Skills Development Act 1998
- The Skills Development Levies Act 1999
What is the significance of the Labour Relations Act 1955?
- Most NB labour legislation
- S210- all other legislation is subordinate to LRA (expect Constitution)
- Advance eco development, social justice, labour peace, and democratization of workplace by fulfilling primary objectives of Act
- Promotes con rights (fair labour, freedom of association, and right to strike)
- Provides framework for collective bargaining
- Promotes effective dispute resolution
What is the significance of the Basic Conditions of Employment Act 1997?
- Regulates conditions of employment
- Advances economic development and social justice
- Gives effect to con rights by enforcing basic conditions
- Regulates working hours, leave, etc
What is the significance of the Employment Equity Act 1998?
- Rectifies disparities in employment (eg: wage gap)
- Promotes equal opportunity by eliminating unfair discrimination
- Implements and regulates affirmative action
- Sets out designated groups
What is the significance of the Skills Development Act 1998?
- Develops skills of SA workforce
- Increases level of education and training in labour market
- Encourages employers to provide employees with opportunities in workplace
- Encourages employees to participate in learning activities
- Improves employment prospects for the previously disadvantaged
What is the significance of the Skills Development Levies Act 1999?
- 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)
What is the significance of the Unemployment Insurance Act 1966
- Regulates compulsory insurance scheme for employees (unemployed workers may get monthly payment)
- Sets out conditions when employee may not claim
- Contributions by employer compulsory
What is the significance of the Occupational Health and Safety Act 1993?
- Makes provision for health and safety of people at work
- Regulates the health and safety of persons in connection with the use of plant and machinery
- Ensures the protection of third parties against health hazards
- Establishes an advisory council for occupational health and safety
What is the significance of the Compensation for Occupational Injuries and Diseases Act 1993?
- Provides for the compensation of disablement or death caused by occupational injuries of disease sustained in the course of employment
- Establishes a fund- administered by the Workman’s Compensation Commissioner
What is the essential feature of labour relations?
The employment relationship
True of false: Common law entails the basis of the employment relationship, but legislation regulates it
True
If we have legislation, why is the common law still relevant?
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
True or false: collective agreements are the result of collective bargaining
True
Who is/are bound to collective agreements?
Parties and their members
When there is collective agreement; are conflicting terms and conditions individually agreed upon between employers and employees still valid?
No; collective agreements supersede any other terms and conditions individually agreed upon by the employer and employee
Why are collective agreements an important source of SA labour law?
Because a great deal of employers and subsequent economic activity are dictated by such agreements
What can collective agreements contain?
Agreements about:
- minimum wage
- terms and conditions of employment
- employee benefits. Eg: pension and medical aid
What is the relationship between and employer and employee characterized by?
By an unequal distribution of power
