U4 ch 1

Question 1

What does Labour Law regulate?

Answer 1

Labour Law regulates the activity of working and the tri-partite relationship between the state, employers, and employees.

Question 2

What influences Labour Law?

Answer 2

Labour Law is influenced by social, economic, financial, and political factors

Question 3

Define “Labour relations.”

Answer 3

Labour relations refer to the relationships between employers and employees.

Question 4

Define “Labour law.”

Answer 4

Labour law refers to the legal rules that govern relationships between employers and employees.

Question 5

What is the basis of the relationship between employer and employee?

Answer 5

The relationship is based on the employment contract, regarded as a species of the contract of lease.

Question 6

Why is legislation necessary in employment contracts?

Answer 6

Legislation ensures fairness due to the unequal bargaining positions of the employer and employee.

Question 7

Name the five fairness mechanisms introduced by legislation.

Answer 7

1) Minimum conditions of employment,
2) Collective bargaining,
3) Protection against unfair dismissal,
4) Protection against unfair labour practices,
5) Protection against unfair discrimination.

Question 8

What was introduced in 2018 to promote fairness?

Answer 8

The National Minimum Wage.

Question 9

What is the difference between individual and collective labour law?

Answer 9

Individual Labour Law deals with the relationship between an individual employee and their employer, while Collective Labour Law addresses relationships between employers and trade unions.

Question 10

What are the sources of Labour Law?

Answer 10

1) Legislation,
2) International and foreign law,
3) Common law,
4) Case law,
5) Collective agreements,
6) The contract of employment.

Question 11

Which sections of the South African Constitution are relevant to Labour Law?

Answer 11

Sections 9, 10, 13, 14, 17, 18, 22, 23, and 36.

Question 12

What does the Labour Relations Act (LRA) regulate?

Answer 12

The LRA applies to almost all employers and employees in South Africa, with exceptions for the South African National Defence Force, Police Service, and National Intelligence Agency.

Question 13

What does the Basic Conditions of Employment Act (BCEA) cover?

Answer 13

The BCEA regulates minimum standards like working hours, leave, payment for overtime, and contract termination.

Question 14

What does the Employment Equity Act (EEA) aim to promote?

Answer 14

The EEA promotes equality, prohibits discrimination, and implements affirmative action.

Question 15

What is the Occupational Health and Safety Act (OHSA) about?

Answer 15

OHSA strengthens the employer’s duty to provide safe working conditions for employees

Question 16

What does the Compensation for Occupational Injuries and Diseases Act (COIDA) provide?

Answer 16

COIDA provides compensation for employees injured or killed at work or who contract occupational diseases.

Question 17

What is the purpose of the Unemployment Insurance Act (UIA)?

Answer 17

UIA provides payments during unemployment, illness, maternity, or adoption by contributions from both employer and employee.

Question 18

How is international and foreign law applied in Labour Law?

Answer 18

Per Section 39 of the Constitution, courts must consider international law and may consider foreign law when interpreting the Bill of Rights.

Question 19

What role does common law play in Labour Law?

Answer 19

Common law forms the basis of mutual rights and duties of employers and employees, often supplemented by legislation and collective agreements.

Question 20

What is the significance of case law in Labour Law?

Answer 20

Case law arises from courts’ interpretations of Labour Law and includes decisions by the Labour Appeal Court, Labour Court, and CCMA.

Question 21

What is a collective agreement?

Answer 21

A collective agreement is an agreement between employers and employees that becomes part of the employment contract, binding both parties.

Question 22

What is the role of the contract of employment in Labour Law?

Answer 22

The employment contract is the basic source of reciprocal rights and duties between employers and employees, concluded verbally, in writing, or by conduct.