Basic Guides

Our Basic Guides give you a plain English summary of key points within the legislation. While the guides are not a substitute for the Acts, Amendments and Sectoral Determinations on which they are based, they do explain the basics of our labour laws.

Below is a list of all the Basic Guides.

Disclaimer

Information in these Basic Guides are intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).

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Basic Guide to Affirmative Action
The Employment Equity Act promotes equal opportunities for previously disadvantaged groups
Basic Guide to Agency Shop Agreements
The Labour Relations Act allows for an agreement requiring the deduction of fees from non-union workers
Basic Guide to Annual Leave
Rules for annual leave as prescribed by the Basic Conditions of Employment Act
Basic Guide to Annual Leave (Civil Engineering)
Rules for annual leave as prescribed by Sectoral Determination 2 for Civil Engineer workers.
Basic Guide to Annual Leave (Domestic Workers)
Rules for annual leave as prescribed by Sectoral Determination 7 for domestic workers
Basic Guide to Annual Leave (Farm Workers)
Rules for annual leave as prescribed by Sectoral Determination 13 for farm workers.
Basic Guide to Annual Leave (Learnerships)
Rules for annual leave as prescribed by Sectoral Determination 5 for learnerships.
Basic Guide to Annual Leave (Private Security Sector)
Rules for annual leave as prescribed by Sectoral Determination 6 for Private Security workers
Basic Guide to Annual Leave (Wholesale and Retail)
Rules for annual leave as prescribed by Sectoral Determination 9 for Wholesale and Retail workers
Basic Guide to Attendance Registers (Private Security Sector)
Sectoral Determination 6 requires that employers provide an attendance register for all private secruity workers.
Basic Guide to Attendance Registers (Wholesale and Retail)
Sectoral Determination 9 requires that employers provide an attendance register for all wholesale and retail workers.
Basic Guide to Bargaining Councils
Under the Labour Relations Act, bargaining councils conclude agreements, resolve labour disputes, make proposals on labour policies, etc.
Basic Guide to Child Labour
The Basic Conditions of Employment Act does not allow for the employment of children under the age of 15.
Basic Guide to Child Labour (Domestic Workers)
Sectoral Determination 7 for domestic workers does not allow for the employment of children under the age of 15.
Basic Guide to Child Labour (Farm Workers)
Sectoral Determination 13: for Farm workers does not allow for the employment of children under the age of 15.
Basic Guide to Child Labour (Private Security Sector)
Sectoral Determination 6: Private Security Sector does not allow for the employment of children under the age of 15.
Basic Guide to Child Labour (Wholesale and Retail)
Sectoral Determination 9: Wholesale and Retail Sector does not allow for the employment of children under the age of 15.
Basic Guide to Claiming Compensation for Occupational Injuries
Compensation for occupational injuries is based on the degree of disablement.
Basic Guide to Closed Shop Agreements
The Labour Relations Act allows for an agreement requiring non-union workers to join the union
Basic Guide to Collective Agreements
The Labour Relations Act provides for agreements that alter conditions of employment
Basic Guide to Commission Work (Wholesale and Retail)
Conditions for commission work and pay as set out in Sectoral Determination 9: Wholesale and Retail Sector.
Basic Guide to Compensation for Medical Expenses
The Director-General, mutual association or employer must pay transport and medical aid fees of injured or ill workers.
Basic Guide to Compensation for Occupational Fatalities
When workers die because of occupational injuries or diseases, their dependants can claim compensation
Basic Guide to Compensation for Occupational Injuries and Diseases
Workers who have a work-related injury or disease must notify their employer as soon as possible after the injury or doctor's diagnosis.
Basic Guide to Compensation Fund Assessment Fees
All employers must register with the Compensation Fund and pay an annual assessment fee based on their workers’ earnings.
Basic Guide to Compensation Fund Registration
All employers must register with the Compensation Fund.
Basic Guide to Deductions
The Basic Conditions of Employment Act allows for deductions from a worker’s pay only under certain conditions.
Basic Guide to Deductions (Children in Performing Arts)
Sectoral Determination 10 allows for deductions from a child worker’s pay only under certain conditions
Basic Guide to Deductions (Domestic Workers)
Sectoral Determination 7 allows for deductions from a domestic worker’s pay only under certain conditions
Basic Guide to Deductions (Farm Workers)
Sectoral Determination 13: allows for deductions from a farm worker’s pay only under certain conditions
Basic Guide to Deductions (Learnerships)
Sectoral Determination 5 allows for deductions from a learner worker’s pay only under certain conditions
Basic Guide to Deductions (Wholesale and Retail)
Sectoral Determination 9 allows for deductions from wholesale and retail worker’s pay only under certain conditions.
Basic Guide to Employee Records
The Basic Conditions of Employment Act requires that employers keep a record of certain employee information
Basic Guide to Employee Records (Learnerships)
Sectoral Determination 5 requires that employers keep a record of certain employee information, for learner workers.
Basic Guide to Employee Records (Private Security Sector)
Sectoral Determination 6 requires that employers keep a record of certain employee information, for private security workers.
Basic Guide to Employer's Basic Conditions of Employment Duties
All employers must comply with the Basic Conditions of Employment Act
Basic Guide to Employer’s Duties (Learnerships)
Sectoral Determination 5 lays down obligations for employers who employ learners.
Basic Guide to Employers’ Organisations
Under the Labour Relations Act, employers may form or join groups that represent employers in collective bargaining
Basic Guide to Employment Contracts
The Basic Conditions of Employment Act requires that employers give workers certain details of their employment in writing
Basic Guide to Employment Contracts (Children in Performing Arts)
Sectoral Determination 10 requires that employers give children workers certain details of their employment in writing.
Basic Guide to Employment Contracts (Domestic Workers)
Sectoral Determination 7 requires that employers give domestic workers certain details of their employment in writing
Basic Guide to Employment Contracts (Farm Workers)
Sectoral Determination 13: requires that employers give farm workers certain details of their employment in writing
Basic Guide to Employment Contracts (Learnerships)
Sectoral Determination 5 requires that employers give learner workers certain details of their employment in writing
Basic Guide to Employment Contracts (Private Security Sector)
Sectoral Determination 6 requires that employers give private security workers certain details of their employment in writing
Basic Guide to Employment Contracts (Wholesale and Retail)
Sectoral Determination 9 requires that employers give wholesale and retail workers certain details of their employment in writing
Basic Guide to Employment Equity Consultations
Consultation Forums must be established at the workplace to dicuss Employment Equity issues.
Basic Guide to Employment Equity Managers
Under the Employment Equity Act, employers must select a senior manager to be responsible for the employment equity plan
Basic Guide to Employment Equity Pay Gaps
Under the Employment Equity Act, employers must submit statements of their workers' pay and reduce any unfair gaps
Basic Guide to Employment Equity Plans
Under the Employment Equity Act, employers must draw up a plan to address equity imbalances
Basic Guide to Employment Equity Reports
Under the Employment Equity Act, employers must submit reports of their equity figures
Basic Guide to Employment Equity Studies
The Employment Equity Act requires that employers conduct studies to identify equity issues
Basic Guide to Family Responsibility Leave
Under the Basic Conditions of Employment Act, workers may take paid leave to attend to certain family situations
Basic Guide to Family Responsibility Leave (Domestic Workers)
Under Sectoral Determination 7, domestic workers may take paid leave to attend to certain family situations
Basic Guide to Family Responsibility Leave (Farm Workers)
Under Sectoral Determination 13: farm workers may take paid leave to attend to certain family situations.
Basic Guide to Family Responsibility Leave (Learnerships)
Under Sectoral Determination 5, learner workers may take paid leave to attend to certain family situations.
Basic Guide to Family Responsibility Leave (Private Security Sector)
Under Sectoral Determination 6, private security workers may take paid leave to attend to certain family situations.
Basic Guide to Family Responsibility Leave (Wholesale and Retail)
Under Sectoral Determination 9, wholesale and retail workers may take paid leave to attend to certain family situations.
Basic Guide to Health and Safety Committees
Health and Safety committees must be formed to perform certain duties and functions.
Basic Guide to Health and Safety Duties of Workers
All workers must report all health and safety incidents to their employer and the necessarry health and safety parties.
Basic Guide to Health and Safety Representatives
All employers who have 20 or more workers must appoint representatives for monitor health and safety conditions.
Basic Guide to Informing Workers about Employment Equity
Employers must display a summary of the Employment Equity Act and give workers access to relevant plans and reports
Basic Guide to Learnership Agreements
Under the Skills Development Act, an agreement must be signed by the learner (a type of apprentice), employer and training provider
Basic Guide to Learnership Contracts
The Skills Development Act requires all new learners to sign an employment contract with their employer
Basic Guide to Learnership Disputes
The Skills Development Act provides procedures for resolving disputes about learnerships (a type of apprenticeship)
Basic Guide to Learnership Requirements
The Skills Development Act allows Sector Education and Training Authorities (SETAs) to start learnerships only if certain conditions are met
Basic Guide to Maintenance Service Workers
The Labour Relations Act does not allow maintenance service workers to strike
Basic Guide to Maternity Leave
The Basic Conditions of Employment Act gives pregnant workers the right to take maternity leave
Basic Guide to Maternity Leave (Domestic Workers)
Sectoral Determination 7 gives pregnant domestic workers the right to take maternity leave
Basic Guide to Maternity Leave (Farm Workers)
Sectoral Determination 13: gives pregnant farm workers the right to take maternity leave.
Basic Guide to Maternity Leave (Learnerships)
Sectoral Determination 5 gives pregnant learner workers the right to take maternity leave
Basic Guide to Maternity Leave (Private Security Sector)
Sectoral Determination 6 gives pregnant private security workers the right to take maternity leave
Basic Guide to Maternity Leave (Wholesale and Retail)
Sectoral Determination 9 gives pregnant wholesale and retail workers the right to take maternity leave
Basic Guide to Medical and Psychometric Testing
Workers have the choice to to undergo medical and psychometric tests.
Basic Guide to Minimum Wages (Civil Engineering)
Minimum wages as set out in Sectoral Determination 2.
Basic Guide to Minimum Wages (Domestic Workers)
Minimum wages as set out in Sectoral Determination 7.
Basic Guide to Minimum Wages (Farm Workers)
Minimum wages as set out in Sectoral Determination 13.
Basic Guide to Minimum Wages (Wholesale and Retail Sector)
Minimum wages as set out in Sectoral Determination 9.
Basic Guide to Overtime
The Basic Conditions of Employment regulates overtime working hours and pay for such hours.
Basic Guide to Overtime (Civil Engineers)
Sectoral Determination 2: Civil Engineer Workers regulates overtime working hours and pay for such hours.
Basic Guide to Overtime (Domestic Workers)
Sectoral Determination 7: Domestic Workers regulates overtime working hours and pay for such hours.
Basic Guide to Overtime (Farm Workers)
Sectoral Determination 13: Farm Workers regulates overtime working hours and pay for such hours.
Basic Guide to Overtime (Learnerships)
Sectoral Determination 5: Learnership Workers regulates overtime working hours and pay for such hours.
Basic Guide to Overtime (Wholesale and Retail)
Sectoral Determination 9: Wholesale and Retail Workers regulates overtime working hours and pay for such hours.
Basic Guide to Pay and Allowances (Learnerships)
Sectoral Determination 5 requires that learners' pay is calculated according to the number of hours worked.
Basic Guide to Pay Slips
The Basic Conditions of Employment Act stipulates that employers must give workers certain details each time they are paid.
Basic Guide to Pay Slips (Children in Performing Arts)
Sectoral Determination 10 stipulates that employers must give children workers certain details each time they are paid.
Basic Guide to Pay Slips (Domestic Workers)
Sectoral Determination 7 stipulates that employers must give domestic workers certain details each time they are paid.
Basic Guide to Pay Slips (Farm Workers)
Sectoral Determination 13: stipulates that employers must give farm workers certain details each time they are paid.
Basic Guide to Pay Slips (Learnerships)
Sectoral Determination 5 stipulates that employers must give learnerhip workers certain details each time they are paid.
Basic Guide to Pay Slips (Private Security Sector)
Sectoral Determination 6 stipulates that employers must give private security workers certain details each time they are paid.
Basic Guide to Pay Slips (Wholesale and Retail)
Sectoral Determination 9 stipulates that employers must give wholesale and retail workers certain details each time they are paid.
Basic Guide to Payment of Compensation for Disablement
The Compensation Fund pay workers for temporary, partial or permanent disablement
Basic Guide to Permits to Employ Children (Children in the Performing Arts)
Sectoral Determination 10 stipulates it is illegal to employ children in the performing arts without a permit.
Basic Guide to Private Employment Agencies
The Skills Development Act stipulates that temporary employment agencies must be registered with the Department of Labour.
Basic Guide to Protection of (Children in Performing Arts)
Sectoral Determination 10 requires that all children be kept safe and out of harm at all times whilst working or peforming.
Basic Guide to Public Holidays
The Basic Conditions of Employment stipulates the conditions for working on Public Holidays for workers.
Basic Guide to Public Holidays (Domestic Workers)
Sectoral Determination 7 stipulates the conditions for working on Public Holidays for domestic workers.
Basic Guide to Public Holidays (Farm Workers)
Sectoral Determination 13: stipulates the conditions for working on Public Holidays for farm workers.
Basic Guide to Public Holidays (Learnerships)
Sectoral Determination 5 stipulates the conditions for working on Public Holidays for learnership workers.
Basic Guide to Public Holidays (Private Security Sector)
Sectoral Determination 6 stipulates the conditions for working on Public Holidays for private security workers.
Basic Guide to Registering for the Skills Development Levy
The Skills Development Levy Act stipulates that employers must register to pay the levy.
Basic Guide to Reporting Occupational Injuries and Diseases
Employers must report injuries and diseases within 7 days
Basic Guide to Retrenchment
Employers must follow certain procedures when retrenching workers.
Basic Guide to Rights of Health and Safety Inspectors
All health and safety inspectors must be allowed entrance to any workplace to obtain evidence. They are entitled to block off unsafe areas in the workplace.
Basic Guide to Sector Education and Training Authorities (SETAs)
Sector Education and Training Authorities are required to work out and implement sector skills plans and promote learnerships. They are responsible for handing out funds.
Basic Guide to Severance Pay
Disputes regarding severance pay may be referred to the CCMA.
Basic Guide to Sick Leave
Rules for sick leave as prescribed by the Basic Conditions of Employment Act.
Basic Guide to Sick Leave (Civil Engineering)
Rules for sick leave as prescribed by Sectoral Determination 2 for workers in the Civil Engineering Sector.
Basic Guide to Sick Leave (Domestic Workers)
Rules for sick leave as prescribed by Sectoral Determination 7 for domestic workers.
Basic Guide to Sick Leave (Farm Workers)
Rules for sick leave as prescribed by Sectoral Determination 13 for farm workers.
Basic Guide to Sick Leave (Learnerships)
Rules for sick leave as prescribed by Sectoral Determination 5 for learnership workers.
Basic Guide to Sick Leave (Private Security Sector)
Rules for sick leave as prescribed by Sectoral Determination 6 for workers in the Private Security Sector.
Basic Guide to Sick Leave (Wholesale and Retail)
Rules for sick leave as prescribed by Sectoral Determination 9 for workers in the Wholesale and Retail Sector.
Basic Guide to Skills Development Levies
The Skills Development Levies Act stipulates that all employers pay 1% of their workers' pay to the skills development levy.
Basic Guide to Skills Programmes
Basic Guide to Skills Programmes
Basic Guide to Statutory Councils
Statutory councils may be formed by registered trade unions and employers' organizations to manage labour disputes.
Basic Guide to Strikes, Lockouts and Picketing
Workers have the right to strike and employers have the right to lock out workers under certain conditions.
Basic Guide to Submitting a Medical Report
A doctor must submit a medical report to the employer
Basic Guide to Temporary Employment Services (Domestic Workers)
Sectoral Determination 7 sets the regulations for temporary employment agencies for domestic workers.
Basic Guide to Temporary Employment Services (Farm Workers)
Sectoral Determination 13: sets the regulations for temporary employment agencies for farm workers.
Basic Guide to Temporary Employment Services (Wholesale and Retail)
Sectoral Determination 9 sets the regulations for temporary employment agencies for wholesale and retail workers.
Basic Guide to Termination
The Basic Conditions of Employment Act stipulates the procedures for termination of an employment contract.
Basic Guide to Termination (Domestic Workers)
Sectoral Determination 7: Domestic Workers stipulates the procedures for termination of an employment contract.
Basic Guide to Termination (Farm Workers)
Sectoral Determination 13: Farm Workers stipulates the procedures for termination of an employment contract.
Basic Guide to Termination (Learnerships)
Sectoral Determination 5: Learnership Workers stipulates the procedures for termination of an employment contract.
Basic Guide to Termination (Private Security Sector)
Sectoral Determination 6: Private Security Sector stipulates the procedures for termination of an employment contract.
Basic Guide to Termination (Wholesale and Retail)
Sectoral Determination 9: Wholesale and Retail Sector stipulates the procedures for termination of an employment contract.
Basic Guide to the Commission for Conciliation, Mediation and Arbitration (CCMA)
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independant organization that resolves labour disputes.
Basic Guide to the Health and Safety Duties of Employers
All employers must ensure the health and safety of workers at the workplace.
Basic Guide to Trade Union Representatives
Trade Union representatives are chosen members of registered trade unions. They assist and monitor workers.
Basic Guide to Trade Unions
Trade unions are necessary for bargaining for workers' rights and benefits and they regulate industrial relations.
Basic Guide to UIF Adoption Benefits
Workers who adopt a baby can claim UIF benefits and receive payments at their nearest labour centre.
Basic Guide to UIF Contributions
Employers must pay UIF contributions of 2% of the value of each worker's pay per month. The employer and the worker contribute 1% each.
Basic Guide to UIF Declarations
Certain information about workers must be sent to UIF or SARS every month by employers.
Basic Guide to UIF Dependant’s Benefits
When a worker dies the dependants have the right to claim benefits from the UIF.
Basic Guide to UIF Disputes
Workers are entitled to appeal against decisions of the Commissioner or claims officer.
Basic Guide to UIF Illness Benefits
Workers who become ill have the right to claim from the UIF.
Basic Guide to UIF Maternity Benefits
Workers on maternity leave may claim for benefits from UIF.
Basic Guide to UIF Registration
All employers must register with the UIF or SARS.
Basic Guide to UIF Unemployment Benefits
Workers who become unemployed have the right to claim from UIF.
Basic Guide to Unfair Discrimination
No employer may have discriminative policies and practices.
Basic Guide to Unfair Dismissal and Unfair Labour Practices
Every worker has the right to a fair dismissal. Any disputes regarding dismissals may be referred to the CCMA for arbitration.
Basic Guide to Work Clothing (Wholesale and Retail)
Sectoral Determination 9: Wholesale and Retail requires that employers give all workers work clothing.
Basic Guide to Work Clothing and Equipment (Private Security Sector)
Sectoral Determination 6: Private Security requires that employers give all workers work clothing and equipment.
Basic Guide to Working Hours
The Basic Conditions of Employment Act regulates working hours and rest periods for workers.
Basic Guide to Working Hours (Children in Performing Arts)
Sectoral Determination 10 regulates working hours and rest periods for child workers.
Basic Guide to Working Hours (Civil Engineering)
Sectoral Determination 2 regulates working hours and rest periods for civil engineer workers.
Basic Guide to Working Hours (Domestic Workers)
Sectoral Determination 7 regulates working hours and rest periods for domestic workers.
Basic Guide to Working Hours (Farm Workers)
Sectoral Determination 13: regulates working hours and rest periods for farm workers.
Basic Guide to Working Hours (Learnerships)
Sectoral Determination 5 regulates working hours and rest periods for learnership workers.
Basic Guide to Working Hours (Wholesale and Retail)
Sectoral Determination 9 regulates working hours and rest periods for wholesale and retail workers.
Basic Guide to Working on Public Holidays (Civil Engineering)
Sectoral Determination 2 stipulates the conditions for working on Public Holidays for civil engineer workers.
Basic Guide to Working on Public holidays (Wholesale and Retail)
Sectoral Determination 9 stipulates the conditions for working on Public Holidays for wholesale and retail workers.
Basic Guide to Working on Sundays
The Basic Conditions of Employment prescribes the wages for working on a Sunday.
Basic Guide to Working on Sundays (Civil Engineering)
Sectoral Determination 2: Civil Engineers prescribes the wages for working on a Sunday.
Basic Guide to Working on Sundays (Domestic Workers)
Sectoral Determination 7: Domestic workers prescribes the wages for working on a Sunday.
Basic Guide to Working on Sundays (Farm Workers)
Sectoral Determination 13: Farm Workers prescribes the wages for working on a Sunday.
Basic Guide to Working on Sundays (Learnerships)
Sectoral Determination 5: Learnerships prescribes the wages for working on a Sunday.
Basic Guide to Working on Sundays (Private Security Sector)
Sectoral Determination 6: Private Security prescribes the wages for working on a Sunday.
Basic Guide to Working on Sundays (Wholesale and Retail)
Sectoral Determination 9: Wholesale and Retail prescribes the wages for working on a Sunday.
Basic Guide to Workplace Forums
Workplace forums promote workers' interests through consultation and by making joint decisions.
Employer’s Guide to UIF
Employers must register themselves and their workers with the UIF and pay contributions monthly.
Worker’s Guide to UIF
All workers must contribute 1% of their pay to the UIF. To claim for benefits certain documents need to be completed and handed in at a labour centre.