Labour Legislation Applicable To The Workplace

In the previous session, we looked at the workers and their interpretation of the human resources regarding the policy employment conditions specific as a disciplinary measure. This session will focus on the role of the human resource policy and its relation to labour legislation. The session is comprised of an activity whereby learners are to investigate the content of legislation that is applicable to the questions posed.

The legislation that applies to the workplace includes:

• Basic Conditions of Employment Act, 1983
• Occupational Health and Safety Act, 1993
• Wage Act
• Workmen’s Compensation Act
• Unemployment Insurance Act
• Labour Relations Act of 1995
• Employment Equity Act 1998
• Skills Development Act of 1998

These acts are valuable tools to empower you as an employee in the workplace:

Your facilitator will provide you with a copy of the following:

The Basic Conditions of Employment Act, 1983

The act does not concern itself with wages but with conditions of employment.

It sets out the minimum conditions of employment covering those workers not covered by any other statutes or acts, bargaining council agreements etc.

It covers:

• Hours of work
• Overtime and overtime pay
• Work on Sundays
• Contracts of employment
• Termination of employment
• Annual and sick leave
• Protection from victimization
• Record keeping by the employer

Basic Conditions of Employment Act: Sectoral Determination 13: Farm Workers

This official piece of legislation applies the Basic Conditions of Employment Act to Farmworkers specifically.

It provides for, amongst others, the following matters:

• Wages
• Wage deductions
• Method of payment
• Leave types
• Hours of work
• Rest periods
• Night work
• Child labour
• Termination of employment
• Staff administration
• Overtime

Employment Equity Act of 1998

This Act sets out the conditions for the recruitment and selection of employees. This Act also deals with equality of workers regarding being treated fairly and without bias. This Act would form part of a workplace recruitment and selection policy. This policy would ensure the following points concerning employment:

• Fairness in selection policy and process.
• Taking into account the company’s equity figures.
• The standard manner in which the advert is set out ensures that nobody is excluded on grounds that are not pertinent to the function of the advertised position.
• Standard of short-listing that is open to staff and has set minimum criteria.
• Standard format for conducting interviews so that no artificial barriers are created.
• Establishing an interview panel that represents the diversity of the area in which the farm operates.
• Establishes a manner in which applicants can question why they were unsuccessful in an interview.
• Look at creating an environment that is conducive to the best possible feedback from the applicant.

Labour Relations Act of 1995

Unfair dismissal disputes in which unfair discrimination is alleged must be dealt with in terms of the Labour Relations Act. The Act deals with all issues pertaining between employer and employee.