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Laws About Terms and Conditions of Employment

There are different laws about conditions of employment. Employees’ terms and conditions of employment may be covered by:

  • Centralised collective agreements, like Bargaining Council Agreements, under the Labour Relations Act (where applicable) (See: Collective Agreements)
  • Sectoral Determinations under the Basic Conditions of Employment Act (BCEA), or Wage Determinations under the Wage Act (where applicable) (See: Sectoral Determinations)
  • Special exceptions to centralised collective agreements, sectoral determinations, or the BCEA, made by the Minister of Labour (called deregulation) (See: Deregulation)
  • Workplace-based collective agreements under the BCEA (See: Collective agreements)
  • An individual agreement between an employee and employer – the contract of employment (See: The Contract of Employment)
  • Basic Conditions of Employment Act (See: Summary of Provisions in the BCEA)

The Merchant Shipping Act covers conditions of employment for employees who are at sea within South Africa’s territorial waters while members of the National Defence Force, the National Intelligence Agency, and the South African Secret Service are covered by different laws. The Occupational Health and Safety Act gives employees rights in health and safety at work. (See: The Merchant Shipping Act; Occupational Health and Safety Act)

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