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Afrique du Sud - Codes du travail, Lois générales sur le travail ou l'emploi - Autres textes (circulaire, directive, instruction, etc.)

Labour Relations Act (66/1995): Code of Good Practice: Who is an Employee (No. 1774 of 2006)

Adoption: 2006 | ZAF-2006-M-74747

Part 1: Application and interpretation
Part 2: The presumption as to who is an employee
Part 3: Interpreting the definition of an employee
Part 4: Employees of temporary employment services
Part 5: Interpretation of labour legislation (includes reference to Recommendation No. 198)
Part 6: Interpretation of the definition of an employee in other legislation administered by the Minister of Labour

Afrique du Sud - Codes du travail, Lois générales sur le travail ou l'emploi - Loi

Labour Relations Act, 1995 [No. 66 of 1995]. -

Adoption: 1995-11-29 | ZAF-1995-L-43174

Provides comprehensive legislation governing labour relations. Chapter II provides for the employee's right to freedom of association: s. 5 prohibits discrimination against persons who are members of trade unions. S. 6 provides for the employer's right to form associations. Chapter III covers collective bargaining. Provisions relating to trade union activities are outlined in Part A. Part B outlines the legal effect of collective agreements. Part C governs the creation and functions of bargaining councils, which may represent trade unions in an economic sector. Sections E and F govern the establishment and functions of statutory councils, which may perform resolution functions and administer pension, provident, medical, training and employment schemes. Chapter IV concerns strikes and lock-outs. Employees have the right to strike provided that they have given due notice to the employer and exhausted means of arbitration. S. 76 prohibits replacement labour in the event of a strike. Chapter V regulates the establishment and functions of workplace forums. Workplace forums may be established in workplaces of over 100 employees and may enter into discussion on matters related to, inter alia, work organization, product development, and health and safety issues (s. 84). Chapter VI governs trade unions and employers' organizations. Chapter VII covers dispute resolution. Inter alia, this Chapter establishes a Commission for Conciliation, Mediation and Arbitration (Part A), as well as a Labour Court (Part D), and a Labour Appeal Court (Part E). Chapter VII contains provisions relating to unfair dismissal. Unfair dismissal is defined as dismissal due to, inter alia, an employee's participation in a strike, pregnancy, or an employee's religion, sex, sexual orientation, age, and ethnicity. Chapter IX contains general provisions, including provisions relating to temporary employment services. Schedule 1 covers the establishment of bargaining councils for public service; Schedule 2 provides guidelines for the constitution of a workplace forum; Schedule 3 covers the Commission on Conciliation, Mediation and Arbitration; Schedule 8 relates to dismissals. Transitional arrangements, including those relating to existing trade unions, are covered in Schedule 7. An updated version of this text appears at regular intervals in: South African Labour Law, eds. Clive Thompson and Paul Benjamin (Kenwyn: Juta and Co.). Available in DOC.NORMES.

Afrique du Sud - Codes du travail, Lois générales sur le travail ou l'emploi - Loi

Integration of Labour Laws Act, 1994 (No. 49 of 1994). -

Adoption: 1994-11-23 | ZAF-1994-L-40057

Provides for the repeal of the labour laws mentioned in Schedule 1, including labour laws of Transkei, Bophuthatswana, Venda, Ciskei, Kwazulu, Qwaqwa, Lebowa, Gazankulu and KaNgane and KwaNadebele. Extends the Labour Relations Act, 1956, the Basic Conditions of Employment Act, 1983, the Wage Act, 1957, the Agricultural Labour Act, 1993, the Occupational Health and Safety Act, 1993, the Unemployment Insurance Act, 1966, the Manpower Training Act, 1981, the Compensation for Occupational Injuries and Diseases Act 1993 and the Guidance and Placement Act 1981 to the whole of the national territory of the Republic of South Africa referred to in section 1 of the Constitution.

Afrique du Sud - Codes du travail, Lois générales sur le travail ou l'emploi - Loi

General Law Third Amendment Act, 1993 (No. 129 of 1993)

Adoption: 1993-07-09 | ZAF-1993-L-34704

Amends, inter alia, the Mines and Works Act, 1950, to regulate work on certain days and insert a related penalty; the Labour Relations Act, 1956, to make provision for the auditing of account books of trade unions and employers' organisations; the Unemployment Insurance Act, 1966, to regulate the value of remuneration in kind in agriculture; and the Manpower Training Act, 1981, to give training boards the opportunity to evaluate test results before they issue certificates.