Chapter 13

p. 230 - 246
 Unit 1
p. 230 - 240
Labour laws
• Labour laws or legislation follow the democratic ideals of the
Constitution. The following labour laws deal with employee and
employer rights and obligations and the core elements of a job
contract:
• The Labour Relations Act (LRA), Act 66 of 1995
• Employment Equity Act (EEA), Act 55 of 1998
• The Basic Conditions of Employment Act (BCEA), Act 75 of 1997
 The Labour Relations Act (LRA), Act 66 of
1995
• The LRA aims to promote economic development, social justice, labour peace and
democracy in the workplace. It:
• Makes rules for the relationship between:
• Employer and individual/groups of employees
• Employer or employers’ organisations and a trade union
• Employee and a trade union
• Promotes employee rights to fair labour practices, to form and join trade unions and
employers’ organisations, to organise and bargain collectively, to participate in decision-making
through workplace forums and to strikes and lock-outs.
• Expects employers and employees to try to settle arguments and disputes through negotiation
and conciliation instead of strikes or going to court.
• Establishes the Commission for Conciliation, Mediation and Arbitration (CCMA), which plays a
critical role in sorting out disputes and providing advice and the Labour Court and the Labour
of Appeal Court to decide matters related to the LRA.
• Does not apply to members of the National Defence Force, the National Intelligence Agency
and the South African Secret Service. Some of the rights are limited when they apply to
 Employment Equity Act (EEA), Act 55 of
1998
• The aim of the EEA is to:
• Promote equal opportunity in the workplace by eliminating unfair discrimination in any
employment policy or practice.
• Regulate affirmative action so that people from the designated groups, who have suitable
qualifications, are given opportunities for employment.
• Designated groups, according to EEA, are Africans, Coloureds and Indians, and women and the disabled
of all races.
The Basic Conditions of Employment Act
(BCEA), Act 75 of 1997
• The BCEA was introduced in 1997 and amended in 2002. The BCEA
makes rules and regulations about the right to fair labour practices,
which include:
• Employers must give their employees details of their employment in writing,
in the form of an employment contract.
• It is against the law to employ a child under 15 years old, except for children
in the performing arts. Children aged 15 – 18 may not be employed to do
dangerous work or do work that places at risk their well-being, education,
physical or mental health, or spiritual, moral or social development.
• Employees have duties and responsibilities towards their employers, for
example, employees must not take sick leave if they are not sick and they
should obey all lawful and reasonable instructions from their employers.
Core elements of a job contract
• The BCEA sets out the core elements that must be covered in an employment
contract. These core elements are the minimum or basic conditions of service.
• Example of a contract and core elements on p. 232 – 234
• Main core elements that has to be on every contract:
• Working hours and days of work
• Payment
• Overtime rate
• Leave
• Annual leave
• Sick leave
• Family responsibility
• Maternity/Paternity leave
• Termination of contract
 Working hours and days of work
• Ordinary hours of work
• An employee must not work more than 45 hours in any week.
• 9 hours a day if a worker works 5 days or less a week or 8 hours a day if a worker works more than
5 days a week.
• Employees may agree to work 12 hours a day for fewer days in a week so that they can have long
weekends.
• Meal breaks
• An employee must have a meal break of 60 minutes after 5 hours’ work.
• Rest periods
• A worker must have a 12 hour rest period every day and a 36 hour rest period every week, which
must include Sunday unless otherwise agreed.
• Night work
• People working between 18:00 and 06:00 must get extra pay or be able to work fewer hours for
Payment
• Payment arrangements that has to be in a work contract:
• Salary, wage or the rate and method of calculating wages.
• Overtime rate.
• Other cash payments and payments in kind and their value.
• How often the employee is paid.
• Any deductions.
Overtime rate
• Employees must agree to work overtime.
• They may not work more than three hours overtime a day or 10 hours
overtime a week.
• They must be paid 1.5 times their normal pay or must get paid time
off.
• An employee who sometimes works on a Sunday must get double
pay.
• Public holidays
• Employees must be paid for any public holiday that falls on a working day.
• They must agree to working on a public holiday and be paid double their
normal rate or given time off.
 Leave
• A worker can take from 15 up to 21 working days’ annual leave depending on the employer’s policy.
• An employer can pay an employee instead of giving leave only if that employee leaves the job.
• An employee can take up to 6 weeks’ paid sick leave for 36 months of work. In the first 6 months, an
employee can take one day’s paid sick leave for every 26 days worked.
• Annual leave – you may have to take leave when it suits the company.
• Sick leave – an employer may want a medical certificate before paying a worker who is sick for more
than 2 days at a time or more than twice in 8 weeks.
• Family responsibility leave – a full-time employee who has worked for longer than 4 months can take
3 days’ paid family responsibility leave per year. The employer may want proof that the leave is
needed.
• Maternity/Paternity leave – a pregnant employee can take up to 4 continuous months of maternity
leave which may be unpaid leave. She can start leave any time from 4 weeks before the expected date
of birth. She also may not work for 6 weeks after the birth of her child unless declared fit to do so by a
doctor. A father can take 3 days’ paternity leave for the birth of his child.
Termination
• The notice period for ending the employment has to be in the
contract.
• Right of employer to terminate contract has to be stipulated
(conditions for when contracts are allowed to be terminated).
 Principles of equity and redress
• Equity
• Fairness; equal opportunity and fair treatment
• According to the EEA, every employer must take steps to promote equal opportunity in the
workplace by eliminating unfair discrimination in any employment policy or practice.
• Sometimes, fair discrimination may take place by employer. Example, it would not be fair to
hire someone in a wheelchair if the job requires him to climb up a telephone pole.
• Redress
 Principles of equity and redress
• Equity
• Redress
• South Africa’s labour laws provide for general redress of past unfairness.
• It eliminates unfair discrimination and develops the skills of those who did not have
opportunities.
• It promotes equal opportunities in employment.
• Redress can also mean making right a current wrong:
• Disciplinary hearings – address employees’ misconduct in the workplace such as absenteeism, dishonesty,
insubordination or not doing what your employers tells you to do. There are strict rules and procedures for
disciplinary hearings.
• Workplace forums – committees of elected employees; they meet regularly with employers to discuss
workplace issues.
• Trade unions – help and represent employees in grievance and disciplinary proceedings.
• Bargain councils – represent employees and employers in different sectors; they make sure all members follow
agreements about wages, conditions of work, training schemes and they help to prevent and resolve labour
disputes.
• The Commission for Conciliation, Mediation and Arbitration (CCMA) – tries to settle arguments and disputes
between employers and employees, through negotiation and conciliation instead of strikes and going to court.
Recruitment process: general trends and practices
• There are various ways to recruit or find people to join a company or
business and do a particular job. Most common processes start of
with advertisements. Some companies use recruitment or personnel
agencies to find applicants for jobs.
• A general trend now is to recruit employees online, known as e-
recruitment.
• Beware of what you post on social media sites, as this can have an influence
on your job opportunities, as your potential employer will be able to see all
that you have posted.
 Trade unions
• Organisations that represent the interests of their members in the workplace.
• They participate in collective bargaining or negotiations with employers, for example, wage
increases or improvements in workplace conditions.
• Trade union office-bearers or officials have the right to:
• Enter the workplace to recruit members and to communicate with them.
• Hold meetings with employees at their workplace, but outside their working hours.
• Members of trade union are entitled to:
• Elect trade union representatives at their workplace.
• Authorise the employer to deduct union subscriptions or levies from members’ wages.
• Trade union representatives, also known as shop stewards, as full-time employees who have been
elected by members of the trade union. They have the right to:
• Assist and represent other employees in grievance and disciplinary proceedings.
• Get special leave, if they are elected union office bearers, for union activities such as attending union
conferences or training courses.
• Check whether employers are keeping to the law in treatment of employees.
• Get relevant information from the employer that will allow the representative to carry out his or her functions,
 Organised labour

Trade unions are a formed of organised labour. Other forms of organised labour include:
• Employers’ organisations
• The LRA states that employers have the right to join employers’ organisations. These
organisations are groups from the same industry. There are more than a 160 employers’
organisations registered with the Department of Labour.
• Employers’ organisations look after the interests of their members, negotiate with trade unions
and keep members up to date on the latest labour laws.
• Federations
• A group of organisations that is made up of smaller groups such as groups of trade unions or
groups of employers’ organisations.
• Federations negotiate with government and represent their members.
 Work ethics and societal expectations
• Ethics are moral principles and standards of conduct that tell us how we
should act and behave. They are standards that show us what is right or
wrong, good or bad. Ethics are based on values and on respect for yourself,
others and your surroundings.
• Work ethics show what is acceptable or good in the world of work (rule of
behaviour at work).
• Societal expectations are what people expect and believe you should do or
how you should behave. For example, society expects you to work if you are
able to, have work ethics, fulfil your potential, help to build the nation,
contribute to the economy, pay taxes, create jobs for others (if possible) and
mentor others and pass on your knowledge and skills.
• Study the resource on p. 239 for different work ethics and societal expectations.
 Unit 2
p. 241 - 246
The value of work
• It is more than providing money.
• It gives us purpose and meaning.
• It helps us to live fulfilled (satisfied, content and happy).
• You will only find value in work if you have a passion or a love for
work and enjoy doing it.
How to find meaning in your life

1. Use the skills and abilities you already have and develop them further.
Allow yourself to learn.
2. Love others and yourself. Take care of and value your loved ones.
3. Aim to leave the world a better place. Take care of the environment.
4. Help others by being a role model. Teach others by sharing your
knowledge, skills and wisdom with the next generation.
5. Wake up each day with joy just to be alive. End each day by thinking
about your contribution to making it a good day.
6. Work, volunteer, or start your own business. Keep busy on meaningful
tasks.
How work gives meaning to life
• If you have meaning in your life, you are fulfilled and have self-
actualisation (to achieve your potential).
• Self-actualised people are those who fulfil their potential and are busy
doing what they are capable of.
• You can only achieve self-actualisation in your work, if you have
chosen the correct career. (Don’t miss opportunities because you
were not willing to work hard).
 How to behave to live a more meaningful life
• Behaviour that helps you live a meaningful life includes:
• Experience life with full attention, focus and interest
• Try and learn new things
• Listen to and express your feelings
• Be honest
• Be prepared to be unpopular if your views do not agree with those of the majority
• Take responsibility and work hard
• If you can’t find a job, volunteer or study further
• Read many different books to broaden your mind
• Explore your potential. Accept that there is always more to learn and do.
• Never be bored with life.