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Chapter 8 - Labour Law

Introduction

This chapter covers laws in South Africa which directly affect the working conditions of workers, for example, the Basic Conditions of Employment Act, Bargaining Council Agreements, Wage Determinations, and so on.

We focus on the following laws that affect employers and employees.

Laws about terms and conditions of employment:
Basic Conditions of Employment Act No 75 of 1997 (BCEA)
Occupational Health and Safety Act No 85 of 1993

Disputes and ways of settling disputes:
Labour Relations Act No 66 of 1995 (LRA)
Employment Equity Act No 55 of 1998

Worker social welfare and benefits
Unemployment Insurance Contributions Act No 63 of 2001
Compensation for Occupational Injuries and Diseases Act No 130of 1993 (COIDA)
Skills Development Act No of 1998
Skills Development Levies Act No of 1999
Medical Schemes Act No 131 of 1998

The chapter looks at disputes and ways of settling disputes in terms of the Labour Relations Act, for example, how to approach a problem of unfair dismissal, using conciliation and arbitration to sort out a problem, and so on.

Finally, the chapter also looks at worker social welfare and benefits, for example, medical schemes, pension and provident funds, unemployment insurance benefits, and so on.
We also include some information on the Skills Development Act and on unions, how they are formed and why they are important.

The intention of the manual is to put paralegal advice workers and other users of the manual in a position to help workers make use of the rights that they do have under these laws and also to make it clear where the law limits workers' rights.

Remember
This chapter was written and published in May 2002. So any changes to the laws in this in this chapter change after this date will not be reflected in the text. We do however try and draw your attention to areas where there may possibly be changes to the law, for example, where parliament is still debating a bill. We will also do an update to the laws and information in this chapter every year.