Labour Law

Question 1

name the three types of locatio conductio

Answer 1

1. locatio conductio rei (letting and hiring of a thing for payment)
2. location conductio operis (independent contracting)
3. location conductio operarum ( personal services in return for money)

Question 2

what is the purpose of the labour law act

Answer 2

to supplement the common law rights of dismissed employees and does not deprive employees of the right to enforce contractual rights in Civil Courts

Question 3

what courts can deal with claims of contractual unlawfulness arising from an employment contract?

Answer 3

labour court and civil court

Question 4

how to determine the contract of service

Answer 4

supervision and control test

the employer must be able to control not only what is done by the employee but how it is done

Question 5

person is presumed to be an employee if:

Answer 5

• the manner in which the person works is subject to control
  -persons working hours
  -person form part of the organisation
  -person is economically dependent on the person providing the service
• the person is provided with tools of the trade
• the person only works for 1 person

Question 6

what is a temporary employee

Answer 6

persons who have been taken into employment on a temp basis and there is no expectation that the employment will be permanent.

Question 7

what is a probation employee

Answer 7

a person working on a probation period before a confirming appointment

Question 8

name the four types of employees

Answer 8

1. temporary employment services
2. temporary / fixed term contract
3. employees
4. casual employees

Question 11

duties of an employer

Answer 11

-appointment and engagement
-remuneration
- safe working conditions
-provision for leave