When your job is on the line

Labour Law attorneys are a special breed: brilliant negotiators and tough as nails. Protracted strikes and wage negotiations are not for the fainthearted. And Labour Attorneys are at the coal face of these labour disputes. They are also in and out of the Commission for Conciliation, Mediation and Arbitration (CCMA)and Bargaining Council (BC) regularly, resolving individual labour disputes – like yours.

With Legal&Tax, you will speak to an experienced attorney immediately (no long wait for an appointment). Theywill assess your legal position, answer your questions, and plan an effective strategy to address your labour issue.

If your case goes to the CCMA or BC and is covered, Legal&Tax will assign a Specialist Labour Attorney from our handpicked panel to represent you. If no cover, we negotiate significantly discounted rates with our panel attorneys giving you access to high-level yet affordable attorneys. Once you are in the hands of your panel attorney, we continue to monitor your case to ensure a high level of service.

Choosing your lawyer

Choosing your attorney, especially in a labour case (where your job may be on the line), could be amongst the most critical decisions you will ever make. Why choose blindly, gambling with your future?

By choosing Legal&Tax as your Legal Expenses Service Provider, like hundreds of thousands of members since 1996 have done – you are guaranteed legal services of the highest order.

Legal&Tax is your companion in law - helping you through labour law disputes and other legal matters.

Contact us for expert legal advice and representation. We will protect you in the workplace.

Legislation in South African Labour Law

Most people are employees of some sort. Some of us work for private individuals, some work for businesses, some work for NGO's and others the government. Therefore, labour law is something that touches all of us.

Until quite recently, the power relationship between employer and employee was heavily weighted in favour of the employer. This was a hangover from a previous era when workers were either slaves or something akin to slaves. Thus historically, the employee had few if any rights.

Today, however, in most parts of the world worker's rights are enshrined in the laws of such countries. In South Africa, the rights of employees are protected by the Constitution and other significant laws.

In this article, we will briefly explore the various sources of law concerning employee rights in South Africa.

Sources of employee rights

There is no single source of the rights of employees in South Africa. Instead, employee rights derive from several sources: Acts of Parliament, common law, the employment contract, and collective agreements. Let us look at each of these sources.

The Constitution of the Republic of South Africa

This is the supreme law of the land and gives all people the right to equality and non-discrimination. It grants employees the right to be treated fairly at work.

Legislation (Acts of Parliament)

There are two primary statutes governing labour law in South Africa:

The Labour Relations Act 66 of 1995

As the name implies, this statute governs and promotes relationships between employers and employees, and unions and employer organisations. It supports collective bargaining and dispute resolution, for instance, through the CCMA.

Click to view Act: Labour Relations Act 66 of 1995

The Basic Conditions of Employment Act 75 of 1997

This statute lays down the basic conditions of employment, such as work hours, annual leave, sick leave, breaks, overtime, notice periods and the like.

Click to view Act: Basic Conditions of Employment Act 75 of 1997

Common-Law

The common law refers to the law as it existed before it was changed by legislation and court decisions. Though much of the common law has been superseded by legislation, there are still areas of our labour law governed by common law.

The Contract of Employment

Many employees sign a contract of employment with their employer. Like all contracts signed voluntarily, the contract of employment is binding on both parties. However, it is subject to legislation and collective agreements. This means that the terms of the contract may not conflict with the law or the provisions of collective agreements. If they do, they will be invalid. For example, an employment contract cannot prescribe employment conditions which are worse than those prescribed by the Basic Conditions of Employment Act (thought the contract may improve upon those conditions).

Collective Agreements

Collective bargaining is the process whereby trade unions and businesses, agree upon employee rights. The agreements signed between these parties are called collective agreements. The provisions of these agreements have the effect of law in the specific industries to which they apply. So, for instance, a contract of employment cannot override a collective agreement.

Labour Relations Amendment Bill

The Bill has made provision for the establishment of an advisory arbitration panel to deal with long and violent strike action in the interest of labour stability.

Final Word

As can be seen from the above, Labour Law is governed by several different laws and other sources. As an employee, you have significant rights in the workplace. However, it can, at times, be challenging to unbundle all the laws at play when you have a labour problem. That is when we at Legal&Tax, your legal companion, will be able to step in and give you the advice and assistance you need.

With Legal&Tax you're not alone

Legal&Tax Services is your companion - helping you through labour matters. Contact us for expert legal advice as to staying on the right side of the law and protecting your rights in the workplace.

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