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Amended Labour Relations Act

by lloyd last modified 2010-08-30 05:49

200. Representation of employees or employers

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 9 : General Provisions


200. Representation of employees or employers

(1)           A registered trade union or registered employers' organisation may act in any one or more of the following capacities in any dispute to which any of its members is a party-

 

(a) in its own interest;

 

(b) on behalf of any of its members;

 

(c)  in the interest of any of its members.

 

(2)           A registered trade union or a registered employers' organisation is entitled to be a party to any proceedings in terms of this Act if one or more of its members is a party to those proceedings.

 

200A. Presumption as to who is employee

 

(1)                Until the contrary is proved, a person, who works for or renders services to any other person, is presumed, regardless of the form of the contract, to be an employee, if any one or more of the following factors are present:

 

(a) the manner in which the person works is subject to the control or direction of another person;

 

(b) the person’s hours of work are subject to the control or direction of another person;

 

(c)  in the case of a person who works for an organisation, the person forms part of that organisation;

 

(d) the person has worked for that other person for an average of at least 40 hours per month over the last three months;

 

(e) the person is economically dependent on the other person for whom he or she works or renders services;

 

(f)   the person is provided with tools of trade or work equipment by the other person; or

 

(g) the person only works for or renders services to one person.

 

(2)      Subsection (1) does not apply to any person who earns in excess of the amount determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

 

(3)        If a proposed or existing work arrangement involves persons who earn amounts equal to or below the amounts determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act, any of the contracting parties may approach the Commission for an advisory award on whether the persons involved in the arrangement are employees.

 

(4)      NEDLAC must prepare and issue a Code of Good Practice that sets out guidelines for determining whether persons, including those who earn in excess of the amount determined in subsection (2) are employees.


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