CHECKLISTS – Legal Fundi

Chapter 6

More From this Chapter

THE CONTRACT OF EMPLOYMENT

How can a contract of employment be used?

Changing the contract of employment

Types of contracts: Indefinite and Fixed-term contracts

Casual employees

‘Zero-rated’ contracts

Differential wage

Long service awards

LAWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT

Wage regulating measures

How do you know which law applies to an employee?

BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA)

Who is covered by the Basic Conditions of Employment Act?

Temporary Employment Services (TES)

Variation of basic conditions

Individual contract of employment

Collective bargaining

Sectoral Determinations

Ministerial exemptions

Prohibited employment

Enforcement of the Basic Conditions of Employment Act (BCEA)

Summary of provisions in the Basic Conditions of Employment Act (BCEA)

Summary of provisions in the National Minimum Wage Act (NMWA)

COLLECTIVE AGREEMENTS

Workplace-based collective agreements

Bargaining Council Agreements

SECTORAL DETERMINATIONS

How are Sectoral Determinations made?

Enforcement of a Sectoral Determination

Settling disputes under a Sectoral Determination

Summary of the Sectoral Determination for Farm Workers

Summary of the Sectoral Determination for Domestic Workers

OTHER LAWS THAT APPLY TO TERMS AND CONDITIONS IN THE WORKPLACE

Employment Equity Act (EEA)

The Occupational Health and Safety Act (OHSA)

Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

The Merchant Shipping Act

DISPUTES AND WAYS OF SETTLING DISPUTES

What is a dispute?

The Labour Relations Act (LRA)

Who is an employee?

Unfair Labour Practices

What is a dismissal?

Automatically unfair dismissals

When is a dismissal fair or unfair?

Dismissal for misconduct

Dismissal for incapacity

Retrenchment or redundancy dismissal

What steps can be taken if there is an unfair dismissal?

SOLVING DISPUTES UNDER THE LRA

Conciliation by the CCMA or Bargaining Council

Arbitration by the CCMA or Bargaining Council

Adjudication by the Labour Court

TAKING INDUSTRIAL ACTION

When is industrial action not permitted?

What procedures must be followed before industrial action is protected?

If an employer unilaterally changes conditions of employment

Employee’s and employer’s rights in protected industrial action

SOCIAL SERVICES AND BENEFITS IN THE WORKPLACE

Unemployment Insurance Fund

COMPENSATION FUND

When can an employee claim compensation?

Who can claim compensation from the Fund?

Who contributes to the Fund?

When will the Fund not pay compensation?

Occupational diseases and injuries

What types of compensation payment are made?

Steps to claim disability

How is the compensation money paid?

Objections and appeals

EMPLOYEE’S TAX

What is employee’s tax?

When must an employee pay tax?

How much tax do you pay?

What information must you give to employers?

Tax on bonus pay and retrenchment pay

Part-time work and casual work

Tax assessments

PENSION AND PROVIDENT FUNDS

How does a pension or provident fund work?

Types of funds and benefits

Bargaining Council funds

Complaints about payments from pension funds

The Pension Funds Adjudicator

The Two-Pot Retirement System

MEDICAL AID SCHEMES FOR EMPLOYEES

Advantages and disadvantages of Medical Aid Schemes

Medical Schemes Act

SKILLS DEVELOPMENT ACT

The National Qualifications Framework (NQF)

The Skills Development Levy-Grant Scheme

Skills Development Facilitators

Problem 1: Money is deducted from an employee’s wages

Problem 2: Employee wants to claim notice pay and leave pay

Problem 3: Employee is paid below the minimum wage

Problem 4: Dismissed employee wants the job back – how to apply for reinstatement or compensation

Problem 5: Retrenchment

Problem 6: Employee dismissed for being under the influence of alcohol on duty (no previous record of alcohol abuse)

Problem 7: Employee dismissed for being under the influence of alcohol while on duty (Employee is suffering from alcoholism)

Problem 8: Contract employees are dismissed before the contract is due to terminate

Problem 9: Contract employees are not paid overtime

Problem 10: Part-time employee is not paid sick leave

Problem 11: Fixed-term contract has not been renewed

Problem 12: Application for UIF benefits is too late

Problem 13: Employer does not register employee with the Unemployment Insurance Fund

Problem 14: Failing to sign the Unemployment Register

Problem 15: Long delay in paying Compensation

Problem 16: Employee does not get the correct amount of compensation money

Problem 17: Injured employee is off work and is not getting paid

Problem 18: Employee is injured on duty and loses the job

Problem 19: Employee’s compensation has been refused

Problem 20: Employees develop an occupational disease

MODEL LETTERS AND FORMS

Model Contract of Employment

Letter of demand to employer for reinstatement

Letter of demand to employer for notice and leave pay

Letter to Department of Employment and Labour about a notice and leave pay claim

Letter of appeal against the refusal to pay UIF

Letter to UIF because benefits have not been paid

Letter to Compensation Commissioner asking whether the accident was reported

Letter to Compensation Commissioner asking for reasons for the delay in paying

How to write a complaint to the Pension Funds Adjudicator

LRA Form 7.11 Referring a dispute to the CCMA for resolution

Compensation Form WCL3

Checklist for a labour problem

Checklist to prepare for arbitration

Checklist to prepare a claim for reinstatement

Checklist for problems about UIF

Checklist for compensation problems

CHECKLISTS

The Checklists in this Chapter deal with:

Labour problems
Preparing for arbitration
Preparing a claim for reinstatement
Problems about UIF
Problems about Compensation

© 2025

About

Get involved

Our resources

AI Legal Assistant

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.

Necessary

Always Enabled

Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

Others