Labour Relations

The introduction of new labour legislation has had a profound impact on the SA labour market, notably in terms of the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA) and the Skills Development Act (SDA).

The employment environment is guided mainly by eight acts:

• The Labour Relations Act, 66, of 1995 as amended
• The Basic Conditions of Employment Act, 75, of 1997 (as amended)
• The Employment Equity Act, 55, of 1998
• The Skills Development Act, 97 of 1998
• The Skills Development Levies Act, 97 of 1998
• The Protected Disclosures Act,26 of 2000
• Occupational Health and Safety Act,
• Compensation for Occupational Injuries and Diseases, 130 of 1993

As an employer of labourers/staff, it will be expected of you to align your business practices to comply with all of these, but specifically, the four acts described here-under.

For purpose of this course, it is only required of you to be aware of these acts – making up the holistic legislative environment – and the topics covered by these acts.

The Labour Relations Act (Act no. 66 of 1995)

The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objectives of the act. The main objectives of the Act are to give effect to and regulate rights conferred through section 27 of the Constitution, to ensure South Africa meets its obligations as a member state of the International Labour Organisation. To provide a framework within which employees, employers and trade unions can bargain on wages and terms and conditions of employment, in an orderly, collective manner.

The Basic Conditions of Employment Act (Act no. 75 of 1997)

The purpose of this Act is to advance economic development and social justice by fulfilling the primary objects of this Act, which are: to give effect to and regulate the fair labour practices conferred by section 23(l) of the Constitution and to give effect to obligations incurred by the republic as a member of the international labour organisation.

The Occupational Health and Safety Act (Act no. 85 0f 1993)

This Act aims to provide for the health and safety of persons at work and for the health and safety of persons in connection with the activities of persons at work and to establish an advisory council for occupational health and safety.

The Compensation for Occupational Injuries and Diseases Act (Act no. 130 of 1993) (COIDA)

This Act lays out what state-owned funds will be paid out if you are hurt or catch a disease whilst working. It also includes how much and under what conditions you are compensated. The Act states that employers must pay a certain amount of money into a central fund each month. The amount depends on how dangerous the industry is, how many workers are employed in the company and the remuneration the workers receive.

Click here to view an explanation about the Labour Relations Act.