Sectoral Determinations – Legal Fundi

Chapter 6

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INTRODUCTION TO LABOUR LAW

THE CONTRACT OF EMPLOYMENT

How can a contract of employment be used?

Changing the contract of employment

Types of 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?

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

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)

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

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?

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

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Sectoral Determinations

The Basic Conditions of Employment Act (BCEA) provides for the establishment of an Employment Conditions Commission. They investigate conditions in a particular industry or sector and make recommendations to the Minister of Employment and Labour. When the Minister approves a recommendation from the Commission, this is published in the Government Gazette as a Wage determination or Sectoral determination. (See Summary of the Sectoral Determination for farm workers and See Sectoral Determination for domestic workers)

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