Chapter 3 Flashcards
Which section of the Constitution speaks on the right to fair labour practices?
Section 23, it enshrines freedom of association for workers and employers and gives workers the right to strike.
Which 2 Acts give effect to section 23?
Basic Conditions of Emploment Act 75 of 1997.
The Labour Relations Act 66 of 1995.
What is the primary objectives of the Labour Relations Act 66 of 1995?
- Give effect to the fundamental rights conferred by section 23 of the Constitution
- Give effect to the international law obligations of the country incurred through its membership of the International Labour Organisation
- Provide a framework for collective bargaining and
- Promte orderly collective bargaining, collective bargaining at a sectoral level, employee particitpation in the decision making in the workplace and the effective resolution of labour disputes.
What institutions are under the LRA?
- The Commission for Concilliation Mediation and Arbitration
Why was the CCMA created?
It is also the frontline of dispute resolution system created by the Act. Settling disputes cheaply and expeditiuosly through conciliation followed by artibitration if necessary, is the main focus for the CCMA.
Essential Services Committee and its job?
It monitors the implemenation and observance of essential services determinations, minimum service agreements and maintenance services agreements and determinators.
What is the purpose of the BCEA and the NMWA?
The purpose of these acts is to advance economy developement and social justice. These give effect to regulate selected aspects of the right to fair labour practices in section 23(1) of the Constitution. The NMWA focuses on the wages of the lowest paid workers while the primary objects of the BCEA are more broadly:
a) establishing and enforcing basic conditions of employment.
b) Regulating the variation of basic conditions of employment and
c) Giving effecr to South African’s obligations as a member of state of the ILO.
What floor minimum standards are set by the BCEA?
It covers ordinary hours, meal intervals, daily and weekly rest periods, night work, work on Sundays and on public holidays, overtime, annual leave, sick leave, maternity leave, family responsibility, written particulars of employment, employers obligations to keep record, payments of remmuneration.
The principal institution established by the BCEA is the Employment Conditions Commission (ECC). Its primary functions:
Are to advise the Minister
1. On sectoral determinations
2. On any matter concerning basic conditions of employment
3. On any matter arising out of the applications of the BCEA
4. On the effect of the policies of the government on emploment
5. On trends in collective bargaining and whether any of those trends undermine the purpose of the BCEA
What are the Employment Equity Act 55 of 1998 two main purposes?
- Achieve equal opportunity and fair treatment in employment through the elimination of unfair discrimination and
- Implement affirmative action measures to redress the disadvantages in employment experienced by designated groups in order to ensure their equitable representation in all occupational levels in the workforce.
What does section 6(2) of the Employment Equity Act clarify?
This section further clarifies taht discrimination is not unfair when affirmative action measures consistent with the purpose of the Act are taken or when any person is distinguished, excluded or preffered on the basis of an inherent requirement of the job.
Define designated employers and designated groups according to the EEA?
A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in Schedule 4 of the Act, municipalities and organs of state. Employers can also volunteer to become designated employers. A designated group means black people, women, or people with disabilities.
Define an employment equity plan?
A mandatory document for designated employers (those with 50+ employees) to promote equitable representation of designated groups and eliminate unfair discrimination in the workplace
Which is the institution expressly establishished by the EEA?
Is the Commission for Employment Equity
What is the CCMA jurisdiction limited to?
It is limited to disputes about sexual harassment, disputes reffered to it by employees who earn less than the annual threshold prescribed by the BCEA.
What is the primary purpose of the Protected Disclosures Act 26 of 2000?
The primary purpose of the PDA is to provide protection for employees and more recently workers who expose criminal and irregular conduct in the workplace by making so called protected disclosures.
What institutions are under the PDA?
The CCMA and the Labour Court are the primary institutions of relevance to the PDA.
What is the Protected Disclosures Act 26 of 2000 (PDA)?
The Protected Disclosures Act 26 of 2000 (PDA), colloquially known as the ‘Whistle-blowing Act’,provides protection to whistle-blowers in the private and public sector who disclose information regarding unlawful or irregular conduct by their colleagues or employers.
What is the Skills Development Act 97 of 1998 (SDA) and Skills Development Levies Act 9 of 1999 (SDLA)?
The Skills Development Act (SDA) 97 of 1998 provides the framework for developing the skills of the South African workforce, while the Skills Development Levies Act (SDLA) 9 of 1999 establishes a compulsory levy scheme to fund education and training.To integrate skills development strategies within the National Qualifications Framework.
To provide for learnerships leading to recognized occupational qualifications.
To provide for the financing of skills development through a levy-grant scheme and a National Skills Fund.
To provide for and regulate employment services.
The furmost purpose of the SDA?
Develop the skills of the South African workforce
1. To improve the quality of life of workers, their prospects of work and labour mobility
2. To improve productivity in the work place and the competitiveness of employees.
3. To promote self-employment
4. To improve the delivery of social services
What institutions are under the SDA and SDLA?
The Department of Labour is responsible for the administration of the SDA which includes:
1. Conducting analyses and research about the needs of the labour market in relation to skills development
2. Providing information to various bodies on skills.
3. Assisting with the formulation of national skills development strategies and sector skills development plans and
4. Performing any other function delegated to it in terms of the SDA.
What is the Occupational Health and Safety Act 85 of 1993 (OHSA)?
OHSA regulates the health and safety standards in SOuth African workplaces with the exception of the mining industry which is seperately regulated by the Occupational Diseases In Mines and Work Acts. OHSA stipulates both general duties of employees and obligations of employees when it comes to health and safety at work.
What institutions are under the OHSA?
The OHSA does not necessarily have an institution but it provides the appointment of health and safety representives in workplaces with more than 20 employees. OHSA establishes the Advisory Council for Occupational Health and Safety which advises the Minister on matters of policy in relation to the Act and any other matter regarding occupational health and safety.
What is the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA)
COIDA is aimed at providing compensation to employees who are rendered either temporarily or permanent disabled accidents at work. Dependants of the employees who are killed by an accodent at work are also entitled to compensation under the Act. Section 35 of the COIDA states that employees may not sue their employees where such injuries may befall them, in other words they are limited to claiming compensation which is usually less than what they would entitled to in a delictual action.
Institutions under COIDA?
Compensation Commissioner.
It esthablishes a board called the compensation Board
What is the Unemployment Insurance Act 63 of 2001 (UIA) and Unemployment Insurance Contributors Act 4 of 2002?
The UIA establishes the framework for qualifying contributors or their dependants to access the following:
1. Unemployment benefits
2. Illness benefits
3. Maternity benefits
4. Adoption benefits
5. Dependant benefits
UIA and UICA provisions.
In order for employees to claim benefits their employers must make contributios in accordance with the UIA. Where a benefit is due to a deceased employee, his or her dependants are entitled to claim that benefit under the UIA. However the benefits are not paid in an amount equivalent to an employee’s former wage. The purpose of the UICA is purely to provide for the payment and collection of monies due in terms of the UIA.
WHat are the institutions uder the UIA and UICA?
The UIA establishes the unemploment insurance board and the unemplyment insurance fund (UIF) to which employers and employees contribute. The Board is obligated by the Act to:
1. Advise the MInister on policies pertaining to both unemployment insurance generally and in terms of the UIA as well as schemes and mechanisms for minimising or alleviatig the negative effects of unemployment.
2. Make recommendations to the MInister on changes to unemployment insurance related legislation and
3. Perform any other function at the request of the Minister insofar as it gives effects on UIA’s objects.
What is the Employment Services Act 4 of 2014?
The primary purpose of the ESA was to regulate termporary employment serices. However, it was expanded to:
1. Promote employment, growth and work productivity generally,
2. Improve the employment prospects of and access to the labour market for those seeking work (particularly the young and more vulnerable)
3. Provide opportunities for new work seekers to gain work experience.
4. Facilitate access to training and education and
5. Facillitate the employment of foreign nationals in certain circumstances.
The purposes of the ESA are to be achieved by?
The provision of free employment services, co ordinating public sector agencies whose functions impact the employmet services, encouraging partnerships to promote employment, establishing schemes and the like to promote employment and regulating private employment agencies.
Institutions under the ESA.
Employment Services Board
What is the National Economic, Development and Labour Coucil Act 35 of 1994.
It was formed as a tripartite body primarily to enable negotiations between organised labour, organised business and government in relation to economic development and labour issues. NEDLAC compromises of four chambers focusing respectively on trade and industry and finance and monetary policy, development.
Other legislations that play a role in regulating work?
Employment Tac INcentive Act 26 of 2013
Protection of Personal Information Act 4 of 2013
Companies Act 71 of 2008
Extension of Security of Tenure Act 62 of 1997.
