State employment is treated separately, as it is governed by constitutional law as well as labour law. Contents: Part A: Industrial and Labour Laws (70 Marks) 1. So, let's start with the basics:. PAPER 7: INDUSTRIAL, LABOUR AND GENERAL LAWS (100 Marks) Level of Knowledge: Working Knowledge Objective: To acquire knowledge and understanding of Industrial, Labour and General Laws. Historically speaking, the law on these matters was at one time described as the law of master and servant. Economic reasons are those that relate to the financial management of the enterprise. The existence of an employment relationship is the starting point for the application of all labour law rules. Specifically industrial relation covers the following areas.. 1. There were many radical socialists among the members of the conference. The particular issues the Commission is obliged to have regard to in considering its An Act of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management The essential subject matter or the basic elements of labor law can be studied under nine broad heads. Employment Conditions Commission. An Act of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management The profound changes occurring in the world of work, and particularly in the Key Elements of Labor Laws 1. Freedom from forced labour, equality of treatment in employment and occupation, and unemployment benefits may, in a broad sense, be regarded as part of the same general subject. Key Elements of Labor Laws 2. Several other laws impact staffing practices as well. Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. - Amended by Labour Relations Amendment Act 6 fo 2014 from 1 Jan 2015 - Amended by General Intelligence Laws Amendment Act 11 of 2013 from 29 Jul 2013: S 2 - Amended by Superior Courts Act 10 of 2013 from 23 Aug 2013: S 151, 154, 170 156. What must be written in an employment contract. Custom and legal writings Since the democratisation of South Africa after April 1994 the country’s labour law was amongst the firs… Legislation; 2. Dishonest conduct is a breach of that trust. Sexual orientation. Section 68(5) of the Labour Relations Act (LRA) confirms that participation in a strike that does not comply with the provisions of the LRA, or conduct in contemplation or in furtherance of a strike, may constitute a fair reason for dismissal of an employee. 1 (LRA) stipulates the procedural requirements for a strike, which should be followed in order for a strike action by employees to be protected. The most common laws that affect HR decisions and actions involve equal employment opportunities, discrimination, labor laws and medical leaves of absence. 1. The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace. Pregnancy and civil partnership. Service and enforcement of orders of Labour Court 164. The Fair Labor Standards Act. Two years ago I was invited to join a conference of law students from the Nordic countries and to discuss with them the law of labour relations. This means that those frauds for which employees have been caught are likely to be only the tip of the iceberg. 5: Termination of Employment – Ch. Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Clipping is a handy way to collect important slides you want to go back to later. It implied a contractual relation in which one party agreed to be under the control of the other in the sense that the servant was bound to obey orders not only as to the work that he would execute but also as to the details of the work and the manner of its execution. Marriage and civil partnership. [Date of commencement: 26th October, 2007.] Trust is the core of the employment relationship. CONTENTS: Ch. The Law of Succession in South Africa J. Jamneck, C. Rautenbach. of labour law that “there is a consensus of opinion regarding the extent and content of labour law as an autonomous legal discipline.”6 Van Jaarsveld, Fourie and Olivier thus conclude: “From the above the following definition may be extracted: in general labour law … The legal definition of fraud is that it is the: (a) unlawful (b) intentional (c) misrepresentation of facts (distortion of the truth) (d) calculated to prejudice another. 3: The Contract of Employment: Formation and Operation – Ch. You can change your ad preferences anytime. 1) Individual employment relationships: The building, refitting and termination of employment relations and the resultant understanding forms one branch of labor law. Prior to the Great Depression and World War II the emphasis was upon the prevention or reduction of excessive unemployment rather than upon long-term employment policy as part of a comprehensive scheme to promote economic stability and growth. 8: Termination of Employment – Ch. The book concludes with chapters covering aspects of social security in Zimbabwe, and a discussion on international labour law. The employment relationship has been, and continues to be, the main vehicle through which workers gain access to the rights and benefits associated with employment in the areas of labour law and social security. Labour laws (Mah.) Labor law is one varied body of law enforced to matters such as industrial relations, employment, trade unions, remuneration etc. This article describes South African law. View all for Law and Public Services Labour law rules! The making, modification, and termination of individual employment relations and the resulting obligations for the parties form a second branch of labour law. If you continue browsing the site, you agree to the use of cookies on this website. 1) Individual employment relationships: The building, refitting and termination of employment relations and the resultant understanding forms one branch of labor law. Whereas previously any statutory limitation of the hours of work of adult males was regarded as being highly questionable, except in mines where it had been introduced on safety grounds, in a society of much increased leisure it has now become a general practice to fix maximum hours of work by statute or collective agreement. Workplace fraud, by its nature, is a secretive act. Now customize the name of a clipboard to store your clips. Looks like you’ve clipped this slide to already. Employment law is the area of law that governs the employer-employee relationship. Labor laws deal with legal relationships between the state and organized economic interests, legal requirements and cumulative relationships that are progressively important in mass production … The making, modification, and termination of individual employment relations and … What an employment contract is, how contracts can be changed, and how a contract is affected by someone’s employment status. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Their general purpose, sometimes embodied in legislation and sometimes expressed in collective agreements or statements of government policy, is to restrain inflationary pressures resulting from wage increases unrelated to increased productivity and to do this in a manner that promotes a fairer distribution of income. The Labour Relations Act. 6 Du Toit D et al, “Labour Relations Law: A Comprehensive Guide,” (2006) 74. Popular books for Law and Public Services . Employment Contracts are Based on Section 13 of the Constitution The basis of employment contracts can be found in section 13 of the Constitution. Employment law update – Unfair dismissal referred to CCMA when pending automatically unfair dismissal claim in the Labour Court December 1st, 2020; Employment law update – Resigning after disciplinary inquiry but before sanction handed down and Labour Court’s jurisdiction to hear a claim for unlawful dismissal December 1st, 2020 What is fraud? See our Privacy Policy and User Agreement for details. Other employment laws. Below we provide an example of what an employment contract could look like and what items should be included in every employment contract. The case-law analysis conducted for this study revealed that key elements of the offence used in EU Member States’ laws such as conditions contrary to human dignity, lack of freedom or of personal liberty, direct intent to exploit, employment contract To deal fairly with an employee: - Constitutional right to fair labour practices, - LRA protects against unfair treatment - Includes common law duties Fiduciary duty to act in good faith and serve employers interests: - Employment relationship built on trust, honesty & confidence = implicit of an employment contract . 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