Employment & Labour Law

 

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Employment & Labour Law

The South African Labour Law is an intricate legal area that is essential for the protection of employees and employers.

There is a large body of legislation that exists to address all areas of labour in South Africa and covers a myriad of employee rights and entitlements.

South African labour law is particularly complex due to the political history of the country and the emphasis of the legislation is placed on the promotion of fair labour practices, economic development, peace and safety in the workplace, social development and democracy.

Labour Relations Act

There are numerous legislations that fall under the labour law umbrella. Each one aims to provide regulations for the various categories of the workplace and its operations.

The following are areas of labour that are covered by South African labour law:

  • Retrenchments and Unemployment Insurance Fund (UIF)
  • CCMA and Labour Court
  • Basic Conditions of Employment and Employment Contracts
  • Unfair Labour Practice
  • Labour Disputes and Grievance Procedures
  • Dismissal
    • Unfair Dismissal
    • Constructive Dismissal
  • Restraint of Trade
  • Workplace Health and Safety
  • Employment Equity
  • Disciplinary Proceedings and Hearings
  • Resignation
  • Unions, Strikes, Lockouts
  • Deductions, Pensions and Claims
  • Sexual harassment

Van Deventer & Van Deventer Incorporated – Attorneys South Africa

Regardless of the level of employment, job description, race, gender, heritage, age, sexual orientation, religious beliefs or cultural background in an organisation, fair and equal treatment as well as protection from harm is what forms the basis of the South African Labour Law.

Our attorneys are ready to provide expert legal assistance, advice and support with regards to the above-mentioned areas of the law.

We aim to ensure that both employees and employers know and understand their rights and limitations according to the relative legislation. For more information, contact us.

[Title]Work Stress and Constructive Dismissal in South Africa

In South Africa, the Labour Relations Act provides a framework for resignation under such circumstances, commonly referred to as constructive dismissal. Constructive dismissal occurs when an employee resigns because their employer's conduct has made continued employment intolerable.

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Posted by Cor van Deventer on Friday, April 5, 2024 Views: 183


[Title]Breaking Trust in Employment Relationships

The employment relationship is one based on trust and where the conduct of either parties amounts to a violation of this virtue, it may result in the other party feeling discouraged to play their part in a way that achieves the goals of the arrangement.

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Posted by Cor van Deventer on Thursday, December 7, 2023 Views: 427


[Title]The Obligation to Consult in Terms of Sec 189 LRA

It is widely accepted that the main objective of law is to ensure that justice prevails. In the administration of justice, there is a notion that requires that justice ought not only to be done, but it must be seen to be done.

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Posted by Cor van Deventer on Monday, October 30, 2023 Views: 339