Employment Relationship And Labour Legislation

Question 1

What are the focus areas of labour Relations?

Answer 1

Conditions of employment- includes the recognition and activities of trade unions, the exercising of organisational rights by trade unions

Employee performance and conduct- It deals with how well and employee does the job and how the employee behaves in the workplace

Question 2

Factors that influence the nature of the employment relationship?

Answer 2

1. The common law contract of employment- The employment contract specifies the terms and conditions of employment and the rights of the two parties to the agreement.
2. Labour legislation- employers must adhere to the requirements of the various labour laws for example the working hours, payment of overtime.
3. Collective agreements- Collective agreements are agreements between the employer and the trade unions regarding terms and conditions of employment usually at the bargaining councils for the various industries

Question 3

The BCEA allows for the changing of conditions of employment, meaning conditions can be changed by collective agreement- both upwards( by improving benefits in favour of employee) and downwards( by decreasing benefits), except for the core rights that may not be negotiated downwards

Answer 3

• Employers are to take into account account health and safety of employees as well as family responsibilities when arranging working time

• Certain protections are provided for employees who perform night work and these protections cannot be negotiated away.

• The BCEA currently provides for 3 weeks leave per annum and cannot be reduced to less than 2 weeks by collective agreement

• The entitlement to maternity leave cannot be reduced to less than that described in the BCEA(12 weeks/3 months)

• The entitlement to sick leave cannot be reduced to less than 6 weeks for every 36 months currently provided for in the BCEA.

• The prohibition of child and forced labour cannot be negotiated away. Employers may not employ children younger than 15 years except in the performing arts and children aged 15 to 18 may not be employed to do work inappropriate for their age.

Question 4

Bills of rights which deal with labour relations rights.

Answer 4

1) Everyone has the right to fair labour practices

2) Every worker has the right-

a) To form and join trade unions
b) To participate in the activities and programmes of a trade union
c) To strike

3) Every employer has the right

a) To form and join an employers organisation
b) To participate in the activities and programmes of an employers organisation

4) Every trade union has the right

a) To determine its own admin
b) To organise
c) To form and join a federation

5) Every trade union, employers organisation and employer has the right to engage in collective bargaining.

Question 5

What are the primary objectives of The LRA( Labour Relations Act)?

Answer 5

• To regulate organisational rights of trade unions, the right to strike and recourse to lockouts in conformity with the constitution

•To promote employee participation in decision-making through the establishment of workplace forums

• To provide a framework through which employees and employers can collectively bargain on wages, terms and conditions of employment.

Question 6

Which members does the LRA not apply to?

Answer 6

• The National Defence Force
• The National Intelligence Agency
• The South African Secret Service