South African Labour Law Employment Agreement

1. An employer and a registered union whose members are the majority of the workers employed by that employer in the workplace or the parties to a bargaining council may enter into a collective agreement setting a threshold of representativeness required for one or more of the organizational rights covered by sections 12, 13 and 15. Prior to 1995, a worker was dismissed under the employment contract, which could lead to a reason for dismissal. Since 1995, a worker can only be dismissed for bad conduct, for business reasons and incompetence. The Industrial Relations Act 1995 is a central law, recognizing the need for quick and easy access to justice in labour disputes. The labour court had the status of high court and was therefore not accessible to all workers. „Employment starts at (early) and ends at the end of the project.“ So why not have an employment contract with your employees? Fair dismissals consist of two golden threads: fairness on the merits and procedural fairness. Both must be present for dismissal to be fair and from an employment law perspective. Workers can only be dismissed for misconduct, incapacity to work and work reasons. [70] Each of them has its own procedure that must be followed. The LRA provides for the granting of five types of organizing rights. Other organizational rights that are not covered by the LRA may also be granted; these objectives must be achieved through negotiations and agreements.

The five types of organizing rights under the LRA are listed below and discussed: When the LRA entered service, Section 197 attempted to address job security in the event of a business transfer in normal operation and as a result of insolvency. The section has been widely criticized for creating uncertainty and not defining certain concepts. Within the department, it has not been explicitly stated that salaried workers have the right to transfer their employment contracts; the courts had to read it in the section. Nor did it address the exact rights of workers in such a situation. With respect to identity, where the parties to section 197, paragraph 6, point a), specify that the agreement must be reached with the same organizations or persons with whom an employer is obliged to discuss the reductions. As far as the employer is concerned, the former or new employer may be the other contracting party to the agreement. In addition, the consequences of a transfer as provided for in Section 197, paragraph 2, are expressly subject to agreement within the meaning of Section 197. Although workers can insist on the transfer of their contracts, the right to the same contractual rights must be agreed. When gold and diamonds were discovered, mining activity in South Africa grew rapidly. The boom in the mining industry has led to an influx of workers and workers into the mines.

The first South African trade union was the Carpenters` and Joiners`Union, founded in 1881 to protect the interests of skilled foreign workers working in the mines.