Learning Unit 1 Flashcards
What is labour law?
Labour law is a system of law primarily concerned with the uneven balance of power between parties in an employment relationship.
What are the forms of work arrangement?
These include working for yourself, or working for someone else either in an employment relationship or as an independent contractor and many refer to paid or unpaid work.
Who is a primary beneficiary of rights derived from labour law?
It is the worker who is an employee in an employment relationship who is the primary beneficiary of the rights derived from labour law, although there are some exceptions.
Labour law rights are categorized into which groups?
- Individual Rights
- Collective Rights
- Anti-discrimination rights.
- Social security rights
What is labour law primarily focused on?
With the rights and the obligations between parties in an employment relationship, the parameters of which are esthablished not only by the contractual relationship between the parties.
Various sources of labour?
- The Constitution
- Legislation
- Sectoral determinations
- Common law
- International Law
The key labour law statutes.
- The Labour Relations Act (LRA)
- The Basic Conditions of Employment Act (BCEA)
- The Employment Act (EEA)
What are the other statutes that compliment the key statutes?
- The Protected Disclosures Act (PDA)
- The Occupational Health and Safety Act (OHSA)
- The Compensation for Occupational Injuries and Diseases Act (COIDA)
- The Occupational Diseases in MInes and Works Act (ODIMWA)
- The Unemployment Insurance Act (UIA)
- The Unemployment Insurance Contributions Act (UICA)
- Skills Development Act (SDA)
- Skills Development Levies Act (SDLA)
- Employment Services Act (ESA)
Definition of employee.
Requires a contract of service or of apprenticeship or learnership whether this be expressed or implied, oral or in writing and whether the remuneration is calculated by time or by work done or is in cash or in kind.
Define an employer.
Any person controling the business of the of an employer.
What does COIDA require?
COIDA is the only Act that explicitly requires the existence a contract of service, wheteher express or implied.
What does Section 23 of The Constitution provide for labour practices?
Section 23 of the South African Constitution guarantees the right to fair labour practices for everyone. It protects employees, employers, and trade unions by ensuring rights such as:
The right to form and join trade unions
The right to engage in collective bargaining
The right to strike
The Labour Relations Act (LRA) of 1995 gives effect to these rights by regulating trade unions, promoting collective bargaining, and outlining legal protections for strikes and lock-outs. This ensures fair and just labour practices in South Africa.
What happened in the court case “South African National Defence Union v Minister of Defence and Other?
In this case, the South African National Defence Union (SANDU) challenged the Defence Act, which prohibited soldiers from joining trade unions. The Constitutional Court ruled that the ban was unconstitutional, affirming that military personnel have the right to form and join trade unions under Section 23 of the Constitution. However, the court acknowledged that some restrictions on collective bargaining and striking may be justified due to the nature of military service. This case reinforced labour rights in South Africa, ensuring they apply to all workers, including soldiers.
What other concept was discussed in the South African National Defence Case?
It was the freedom of association, and collaborative bargaining rights
Define fair labour practices?
That the right only exists between parties in a relationship. It encompasses the right of an employer to direct or supervise the work of the employee sibjuect to regulation that protects employees from harmful conditions and exploitative practices.
The concept of SER is a relatively modern institution reffering to employment agreements which are
- Full-time
- Indefinite (in that there is no fixed date)
- governed by a contract of employment.
- Regulated
- Related to work that takes place in the employer’s workplace and under the direction of the employer.
Define the standard employment relationship.
A standard employment relationship is traditionally characterized by a formal agreement where an individual (the employee) provides labor or services under the direction and control of another party (the employer) in exchange for remuneration. This relationship is typically continuous and indefinite, with the employee integrated into the employer’s organization and economically dependent on the employer.
According to Section 200A of the LRA, a person is presumed to be an employee if one or more of the following factors are present:
The manner in which the person works is subject to the control or direction of another person.
The person’s hours of work are subject to the control or direction of another person.
The person forms part of the organization for which they work.
The person has worked for the other person for an average of at least 40 hours per month over the last three months.
The person is economically dependent on the other person for whom they work or render services.
The person is provided with tools of trade or work equipment by the other person.
The person only works for or renders services to one person.
What is the Kahn Freund’s advocacy of collective laissez faire?
a system in which labour relations are primarily regulated by collective bargaining between trade unions and employers, with minimal state intervention.
Key Principles of Collective Laissez-Faire:
Trade Unions and Employers Should Self-Regulate – Instead of relying on strict government laws, the balance of power between workers and employers should be negotiated through collective agreements.
Minimal State Intervention – The government should only provide a legal framework to support bargaining but should not dictate employment terms.
Freedom of Association and Bargaining – Workers should have the right to form unions and negotiate wages, conditions, and benefits through collective agreements.
Encouraging Industrial Democracy – The approach promotes worker participation in decision-making and ensures fairer labour practices.
What are non-standard emploment agreements?
Non-standard employment agreements refer to work arrangements that differ from the traditional full-time, permanent employment relationship. These agreements often involve greater flexibility but may also result in reduced job security, benefits, and worker protections.
Define Casualisation.
Refers to the form of employment that is either part-time or temporary or both part time and temporary. The important point to note about casualisation is that there is still a direct employment relationship with an employer.
Define Externalisation.
Occurs where the employment contract is replaced by a commercial contract.
What is a common form of externalisation is what? And give a practical Example
Outsourcing
For example a company decides that it will no longer employ cleaning staff and security guards directly and thus it contracts with a contract cleaning company to perfrom cleaning functions and with a private security company to provide a security service.
An example of externalisation
Obtaining workers via a temporary employment service (labour broker) is another example of externalisation.
