Law of Labour Flashcards

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1
Q

What forms can employment contracts take?

A

Written or oral.

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2
Q

What do employment contracts stipulate?

A
  1. Services of the employee.
  2. Remuneration of the employee.
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3
Q

What factors are different for an employee when compared to an independent contractor?

A
  1. Object of contract is to render personal services.
  2. Employee must render services personally.
  3. Employee must obey lawful and reasonable commands of employer.
  4. Terminates upon employee’s death.
  5. Covered by labour legislation.
  6. Paid remuneration.
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4
Q

What section of the LRA covers temporary labour?

A

Section 198A.

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5
Q

What takes priority - collective agreements or contracts?

A

Collective agreements supersede contracts.

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6
Q

What are the maximum hours of weekly labour?

A

45 regular hours.

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7
Q

What are the maximum hours of agreed weekly overtime?

A

10 overtime hours.

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8
Q

When are meal intervals required?

A

1 hour after 5 continuous hours’ work.

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9
Q

What is the minimum daily rest period?

A

12 hours.

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10
Q

What is the minimum weekly rest period?

A

36 hours.

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11
Q

What is the minimum requirement for consecutive days’ leave during the year?

A

21 days.

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12
Q

What is the minimum period required for unpaid maternity leave?

A

4 consecutive months.

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13
Q

What is the requirement for sick leave?

A

Days on full remuneration based on the number of days worked in a 6-week cycle.

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14
Q

What is the minimum for family responsibility leave?

A

3 days paid leave after four months of employment, working at least 4 days per week.

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15
Q

What is the notice period required during first 6 months’ employment?

A

One week.

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16
Q

What is the notice period required between the first 6 and 12 months’ employment?

A

Two weeks.

17
Q

What is the notice period required after a full year of employment?

A

Four weeks.

18
Q

What is the severance pay required?

A

One week’s full pay for every year worked.

19
Q

What should dismissals be?

A

Substantively and procedurally fair.

20
Q

What is procedural fairness?

A

The employer followed due procedure and investigated if there was a valid and just reason to dismiss the employee.

21
Q
A