Employee / Employer Rights
HR FOCUS provides documentation,regulations,laws and contracts here as to comply with the rights of emploters and employees.These rights are designed to protect both employers and employees in the workplace, and to ensure that fair and equitable treatment is provided to all parties involved. Some of the basic employer and employee rights under employee/employer rights in South Africa are:
Employee Rights:
- The right to a safe and healthy working environment
- The right to fair labour practices, including equal pay for equal work
- The right to form and join trade unions
- The right to strike, subject to certain legal requirements
- The right to leave and other benefits, such as sick leave, maternity leave, and annual leave
- The right to protection against unfair discrimination and harassment
Employer Rights:
- The right to hire and fire employees, subject to certain legal requirements
- The right to set working hours and conditions, subject to certain legal requirements
- The right to manage and control the workplace, subject to certain legal requirements
- The right to take disciplinary action against employees who breach company policies or engage in misconduct
- The right to protect confidential information and trade secrets
It's important for both employers and employees to understand these basic rights, as they provide a framework for fair and respectful treatment in the workplace. Employers are also required to comply with various labor laws and regulations, such as the Basic Conditions of Employment Act and the Labour Relations Act, which provide further guidance on employee and employer rights in South Africa.
Bargaining Council Agreements
Bargaining Council Agreements are collective agreements negotiated between organized labour unions and employer organizations within a specific industry or sector, with the aim of regulating employment conditions and labor relations. They are created under the auspices of Bargaining Councils, which are statutory bodies established under the South African Labour Relations Act. These agreements are legally binding and set out the minimum terms and conditions of employment for employees in the relevant industry or sector. They cover various aspects of employment, such as wages, working hours, leave, overtime, benefits, and dispute resolution procedures, among others. Bargaining Council Agreements are important instruments for promoting industrial peace, social justice, and economic stability.
Collective Bargaining Councils
The BCEA Basic Conditions of Employment
The Basic Conditions of Employment Act (BCEA) is a labour law in South Africa that sets out minimum standards and conditions of employment for all employees. It governs important aspects of employment such as working hours, leave, payment of remuneration, and employment contracts. The BCEA applies to all employees, except for senior management, and it provides protection for vulnerable workers. The Act aims to promote fair labour practices, social justice, and economic development by ensuring that employees are not exploited and are provided with basic minimum rights and benefits. The BCEA also provides a framework for resolving disputes that may arise between employers and employees regarding their working conditions.It's important to note that the BCEA and Labour relations act form the basis for industial relations.Bargaining councils and sectoral determinations must be read in conjuction with these acts
Acts
The BCEA (Basic Conditions of Employment Act) outlines the fundamental rights and obligations of both employers and employees in South Africa regarding various aspects of employment such as working hours, leave, and termination procedures.
Contracts
Contracts are sample written agreements between employers and employees that set out the terms and conditions of employment. These contracts must comply with the Basic Conditions of Employment Act (BCEA) or the relevant Bargaining Council Agreement.
ECBCEA 01 HR Focus Contract Template for Basic Conditions of Employment Act Permanent Combined
This Employment Contract template is suggested for employers who need to comply with requirements and limitations as regulated in terms of the Basis Conditions of Employment Act, Act 75 of 1997, as amended as well as the National Minimum Wage Act & Regulations, Act 09 of 2018, as amended. The contract is used for both employees earning under as well as over the threshold as determined through the Government Gazette from time to time. The Earnings as noted in the contract by the Employer will therefore determine which portions of the contract apply or not. Employees earning more than the noted threshold are excluded from section 09, 10, 11, 12, 14, 15, 16, 17(2), and 18(3) of the Basic Conditions of Employment Act. Contracts in terms of the Basic Conditions of Employment Act, apply where a specific workplace and/or sector is not regulated in terms of a Sectoral Determination or Collective Bargaining Council Agreement to which the Employer is a party. This Contract is permanent/indefinite. Caveat: All contracts purchased are sold without liability and the purchaser must ensure that each clause therein complies with legislation and regulations applicable to the workplace as amended from time to time through legislative changes.
R300.00
ECBCEA 02 HR Focus Contract Template for Basic Conditions of Employment Act Fixed Term Combined
This Employment Contract template is suggested for employers who need to comply with requirements and limitations as regulated in terms of the Basis Conditions of Employment Act, Act 75 of 1997, as amended as well as the National Minimum Wage Act & Regulations, Act 09 of 2018, as amended. The contract is used for both employees earning under as well as over the threshold as determined through the Government Gazette from time to time. The Earnings as noted in the contract by the Employer will therefore determine which portions of the contract apply or not. Employees earning more than the noted threshold are excluded from section 09, 10, 11, 12, 14, 15, 16, 17(2), and 18(3) of the Basic Conditions of Employment Act. Contracts in terms of the Basic Conditions of Employment Act, apply where a specific workplace and/or sector is not regulated in terms of a Sectoral Determination or Collective Bargaining Council Agreement to which the Employer is a party. This Contract is a Fixed Term / Temporary Contract. Caveat: All contracts purchased are sold without liability and the purchaser must ensure that each clause therein complies with legislation and regulations applicable to the workplace as amended from time to time through legislative changes.
R300.00
Dispute resolution
The BCEA (Basic Conditions of Employment Act) provides mechanisms for dispute resolution between employers and employees, aiming to ensure fair and just resolution of conflicts in the workplace.
7.23 Appl for extention of conciliation period
The Commissioner or any of the parties to the dispute may request the Director to extend the conciliation period where it is believed that there are prospects of reaching a settlement. This Application must be served on all relevant parties. No objection to the application will be considered.
7.22 Acceptance rejection variation advisory arbitration award
Parties must indicate their acceptance or rejection of the advisory arbitration award within seven (7) days from the date on which the award is issued. If a party fails to indicate acceptance or rejection of the award within the seven (7) day period read that party will be deemed to have accepted the award
7.21 Request for Advisory Award on Whether a Person is an Employee with POPIA Consent
THE PURPOSE OF THIS FORM - This form is a request to the CCMA to issue an advisory award determining whether a person is an employee. WHO FILLS IN THIS FORM? The parties to any working arrangement may request an advisory award provided the affected person/s earn R149.736 per annum or less.
7.18A Application to Certify Bargaining Council Award with POPIA
WHAT IS THE PURPOSE OF THIS FORM? - This form requests the Director or delegated Commissioner of the CCMA to certify that an award issued under the auspices of a Bargaining Council is an award issued by a Bargaining Council Arbitrator.
7.13 Request for Arbitration With POPIA
WHAT IS THE PURPOSE OF THIS FORM? - If conciliation fails, a party may request that the CCMA resolve the dispute by arbitration. WHO FILLS IN THIS FORM? - The party requesting the arbitration. (Demarcation disputes (Section 62) must be processed on LRA Form 3.23)
7.12 Certificate of Outcome with POPIA
A certificate of outcome, also referred to as the 7.12 form, is a document completed and issued by the Commissioner at the CCMA or Bargaining Council after conciliation proceedings, allowing the Applicant to proceed to arbitration or litigate at the Labour Court. This document allows the Applicant to proceed to the next stage of their case, and the Applicant cannot proceed further with their case without attaching a copy of the certificate of outcome. The pro forma certificate makes a provision for the Commissioner to categorise the dispute and indicate the forum or the following process to follow in resolving the conflict. In other words, the Commissioner must indicate on the certificate whether the dispute should proceed to arbitration, adjudication at the Labour Court, or to embark on strike action. Rule 15 of the CCMA Rules states that a certificate of outcome must identify the nature of the dispute as described in the referral document or as determined by the Commissioner during the conciliation process.
7.11 Referring a dispute to the CCMA for conciliation With POPIA Disclaimer
To refer a dispute to the CCMA or Bargaining Council, a referral form, also known as an LRA 7.11 form, must be completed and filed on the opposing party in terms of Rule 10 of the CCMA Rules. A general misconception is that only dismissed employees can initiate disputes and refer cases to the CCMA. Employees, employers, trade unions, and employer’s organisations are also entitled to refer cases to the CCMA, and the LRA 7.11 form makes provision for such referrals. The 7.11 referral forms are available on hard copy from the CCMA offices, the Department of Employment and Labour, and electronically on the CCMA website.
CCMA Rules-Effective 24 April 2023
As of April 24, 2023, the Commission for Conciliation, Mediation, and Arbitration (CCMA) rules have been updated. The CCMA, a statutory body in South Africa, is responsible for resolving labor disputes. The revised rules aim to enhance the efficiency and effectiveness of the dispute resolution process. They likely include provisions for the filing of disputes, conciliation procedures, representation during proceedings, and the conduct of arbitration hearings. Parties involved in disputes should familiarize themselves with the updated rules to ensure compliance and to facilitate a fair and expeditious resolution of their labor-related issues. It is advisable to refer directly to the official CCMA documentation for comprehensive details on the specific changes and procedures outlined in the updated rules as of April 24, 2023.
Sectoral Determination & Amendment Acts
Sectoral Determination refer to laws that regulate minimum working conditions and wages in certain sectors of the economy(See below). These laws are designed to protect vulnerable workers in industries where collective bargaining may not be effective or where workers may not have the bargaining power to negotiate fair wages and working conditions.
Sectoral Determinations are made by the Minister of Labour in consultation with the Employment Conditions Commission and set out minimum wages, working hours, and other conditions of employment for workers in specific sectors. For example, there are sectoral determinations for domestic workers, farm workers, and security guards ext.
Amendment Acts are changes or updates made to existing sectoral determinations. These changes may be made to adjust minimum wages, working hours, or other conditions of employment to keep up with changes in the economy or to address new challenges facing workers in the sector.
