Basic Guides

Basic Guide to Affirmative Action

The Employment Equity Act promotes equal opportunities for previously disadvantaged groups

The Labour Relations Act allows for an agreement requiring the deduction of fees from non-union workers

Rules for annual leave as prescribed by the Basic Conditions of Employment Act

Rules for annual leave as prescribed by Sectoral Determination 2 for Civil Engineer workers.

Rules for annual leave as prescribed by Sectoral Determination 7 for domestic workers

Rules for annual leave as prescribed by Sectoral Determination 13 for farm workers.

Rules for annual leave as prescribed by Sectoral Determination 5 for learnerships.

Rules for annual leave as prescribed by Sectoral Determination 6 for Private Security workers

Rules for annual leave as prescribed by Sectoral Determination 9 for Wholesale and Retail workers

Sectoral Determination 6 requires that employers provide an attendance register for all private secruity workers.

Sectoral Determination 9 requires that employers provide an attendance register for all wholesale and retail workers.

Under the Labour Relations Act, bargaining councils conclude agreements, resolve labour disputes, make proposals on labour policies, etc.

The Basic Conditions of Employment Act does not allow for the employment of children under the age of 15.

Sectoral Determination 7 for domestic workers does not allow for the employment of children under the age of 15.

Sectoral Determination 13: for Farm workers does not allow for the employment of children under the age of 15.

Sectoral Determination 6: Private Security Sector does not allow for the employment of children under the age of 15.

Sectoral Determination 9: Wholesale and Retail Sector does not allow for the employment of children under the age of 15.

Compensation for occupational injuries is based on the degree of disablement.

The Labour Relations Act allows for an agreement requiring non-union workers to join the union

The Labour Relations Act provides for agreements that alter conditions of employment

Conditions for commission work and pay as set out in Sectoral Determination 9: Wholesale and Retail Sector.

The Director-General, mutual association or employer must pay transport and medical aid fees of injured or ill workers.

When workers die because of occupational injuries or diseases, their dependants can claim compensation

Workers who have a work-related injury or disease must notify their employer as soon as possible after the injury or doctor's diagnosis.

All employers must register with the Compensation Fund and pay an annual assessment fee based on their workers’ earnings.

All employers must register with the Compensation Fund.

The Basic Conditions of Employment Act allows for deductions from a worker’s pay only under certain conditions.

Sectoral Determination 10 allows for deductions from a child worker’s pay only under certain conditions

Sectoral Determination 7 allows for deductions from a domestic worker’s pay only under certain conditions

Sectoral Determination 13: allows for deductions from a farm worker’s pay only under certain conditions

Sectoral Determination 5 allows for deductions from a learner worker’s pay only under certain conditions

Sectoral Determination 9 allows for deductions from wholesale and retail worker’s pay only under certain conditions.

The Basic Conditions of Employment Act requires that employers keep a record of certain employee information

Sectoral Determination 5 requires that employers keep a record of certain employee information, for learner workers.

Sectoral Determination 6 requires that employers keep a record of certain employee information, for private security workers.

All employers must comply with the Basic Conditions of Employment Act

Sectoral Determination 5 lays down obligations for employers who employ learners.

Under the Labour Relations Act, employers may form or join groups that represent employers in collective bargaining

The Basic Conditions of Employment Act requires that employers give workers certain details of their employment in writing

Sectoral Determination 10 requires that employers give children workers certain details of their employment in writing.

Sectoral Determination 7 requires that employers give domestic  workers certain details of their employment in writing

Sectoral Determination 13: requires that employers give farm workers certain details of their employment in writing

Sectoral Determination 5 requires that employers give learner workers certain details of their employment in writing

Sectoral Determination 6 requires that employers give private security workers certain details of their employment in writing

Sectoral Determination 9 requires that employers give wholesale and retail workers certain details of their employment in writing

Consultation Forums must be established at the workplace to dicuss Employment Equity issues.

Under the Employment Equity Act, employers must select a senior manager to be responsible for the employment equity plan

Under the Employment Equity Act, employers must submit statements of their workers' pay and reduce any unfair gaps

Under the Employment Equity Act, employers must draw up a plan to address equity imbalances

Under the Employment Equity Act, employers must submit reports of their equity figures

The Employment Equity Act requires that employers conduct studies to identify equity issues

Under the Basic Conditions of Employment Act, workers may take paid leave to attend to certain family situations

Under Sectoral Determination 7, domestic workers may take paid leave to attend to certain family situations

Under Sectoral Determination 13: farm workers may take paid leave to attend to certain family situations.

Under Sectoral Determination 5, learner workers may take paid leave to attend to certain family situations.

Under Sectoral Determination 6, private security workers may take paid leave to attend to certain family situations.

Under Sectoral Determination 9, wholesale and retail workers may take paid leave to attend to certain family situations.

Health and Safety committees must be formed to perform certain duties and functions.

All workers must report all health and safety incidents to their employer and the necessarry health and safety parties.

All employers who have 20 or more workers must appoint representatives for monitor health and safety conditions.

Employers must display a summary of the Employment Equity Act and give workers access to relevant plans and reports

Under the Skills Development Act, an agreement must be signed by the learner (a type of apprentice), employer and training provider

The Skills Development Act requires all new learners to sign an employment contract with their employer

The Skills Development Act provides procedures for resolving disputes about learnerships (a type of apprenticeship)

The Skills Development Act allows Sector Education and Training Authorities (SETAs) to start learnerships only if certain conditions are met

The Labour Relations Act does not allow maintenance service workers to strike

The Basic Conditions of Employment Act gives pregnant workers the right to take maternity leave

Sectoral Determination 7 gives pregnant domestic workers the right to take maternity leave

Sectoral Determination 13: gives pregnant farm workers the right to take maternity leave.

Sectoral Determination 5 gives pregnant learner workers the right to take maternity leave

Sectoral Determination 6 gives pregnant private security workers the right to take maternity leave

Sectoral Determination 9 gives pregnant wholesale and retail workers the right to take maternity leave

Workers have the choice to to undergo medical and psychometric tests.

Minimum wages as set out in Sectoral Determination 2.

Minimum wages as set out in Sectoral Determination 7.

Minimum wages as set out in Sectoral Determination 13.

Minimum wages as set out in Sectoral Determination 9.

The Basic Conditions of Employment regulates overtime working hours and pay for such hours.

Sectoral Determination 2: Civil Engineer Workers regulates overtime working hours and pay for such hours.

Sectoral Determination 7: Domestic Workers regulates overtime working hours and pay for such hours.

Sectoral Determination 13: Farm Workers regulates overtime working hours and pay for such hours.

Sectoral Determination 5: Learnership Workers regulates overtime working hours and pay for such hours.

Sectoral Determination 9: Wholesale and Retail Workers regulates overtime working hours and pay for such hours.

Sectoral Determination 5 requires that learners' pay is calculated according to the number of hours worked.

The Basic Conditions of Employment Act stipulates that employers must give workers certain details each time they are paid.

Sectoral Determination 10 stipulates that employers must give children workers certain details each time they are paid.

Sectoral Determination 7 stipulates that employers must give domestic workers certain details each time they are paid.

Sectoral Determination 13: stipulates that employers must give farm workers certain details each time they are paid.

Sectoral Determination 5 stipulates that employers must give learnerhip workers certain details each time they are paid.

Sectoral Determination 6 stipulates that employers must give private security workers certain details each time they are paid.

Sectoral Determination 9 stipulates that employers must give wholesale and retail workers certain details each time they are paid.

The Compensation Fund pay workers for temporary, partial or permanent disablement

Sectoral Determination 10 stipulates it is illegal to employ children in the performing arts without a permit.

The Skills Development Act stipulates that temporary employment agencies must be registered with the Department of Labour.

Sectoral Determination 10 requires that all children be kept safe and out of harm at all times whilst working or peforming.

The Basic Conditions of Employment stipulates the conditions for working on Public Holidays for workers.

Sectoral Determination 7 stipulates the conditions for working on Public Holidays for domestic workers.

Sectoral Determination 13: stipulates the conditions for working on Public Holidays for farm workers.

Sectoral Determination 5 stipulates the conditions for working on Public Holidays for learnership workers.

Sectoral Determination 6 stipulates the conditions for working on Public Holidays for private security workers.

The Skills Development Levy Act stipulates that employers must register to pay the levy.

Employers must report injuries and diseases within 7 days

Employers must follow certain procedures when retrenching workers.

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.

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.

Disputes regarding severance pay may be referred to the CCMA.

Rules for sick leave as prescribed by the Basic Conditions of Employment Act.

Rules for sick leave as prescribed by Sectoral Determination 2 for workers in the Civil Engineering Sector.

Rules for sick leave as prescribed by Sectoral Determination 7 for domestic workers.

Rules for sick leave as prescribed by Sectoral Determination 13 for farm workers.

Rules for sick leave as prescribed by Sectoral Determination 5 for learnership workers.

Rules for sick leave as prescribed by Sectoral Determination 6 for workers in the Private Security Sector.

Rules for sick leave as prescribed by Sectoral Determination 9 for workers in the Wholesale and Retail Sector.

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

Statutory councils may be formed by registered trade unions and employers' organizations to manage labour disputes.

Workers have the right to strike and employers have the right to lock out workers under certain conditions.

A doctor must submit a medical report to the employer

Sectoral Determination 7 sets the regulations for temporary employment agencies for domestic workers.

Sectoral Determination 13: sets the regulations for temporary employment agencies for farm workers.

Sectoral Determination 9 sets the regulations for temporary employment agencies for wholesale and retail workers.

The Basic Conditions of Employment Act stipulates the procedures for termination of an employment contract.

Sectoral Determination 7: Domestic Workers stipulates the procedures for termination of an employment contract.

Sectoral Determination 13: Farm Workers stipulates the procedures for termination of an employment contract.

Sectoral Determination 5: Learnership Workers stipulates the procedures for termination of an employment contract.

Sectoral Determination 6: Private Security Sector stipulates the procedures for termination of an employment contract.

Sectoral Determination 9: Wholesale and Retail Sector stipulates the procedures for termination of an employment contract.

The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independant organization that resolves labour disputes.

All employers must ensure the health and safety of workers at the workplace.

Trade Union representatives are chosen members of registered trade unions. They assist and monitor workers.

Trade unions are necessary for bargaining for workers' rights and benefits and they regulate industrial relations.

Workers who adopt a baby can claim UIF benefits and receive payments at their nearest labour centre.

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.

Certain information about workers must be sent to UIF or SARS every month by employers.

When a worker dies the dependants have the right to claim benefits from the UIF.

Workers are entitled to appeal against decisions of the Commissioner or claims officer.

Workers who become ill have the right to claim from the UIF.

Workers on maternity leave may claim for benefits from UIF.

All employers must register with the UIF or SARS.

Workers who become unemployed have the right to claim from UIF.

No employer may have discriminative policies and practices.

Every worker has the right to a fair dismissal. Any disputes regarding dismissals may be referred to the CCMA for arbitration.

Sectoral Determination 9: Wholesale and Retail requires that employers give all workers work clothing.

Sectoral Determination 6: Private Security requires that employers give all workers work clothing and equipment.

The Basic Conditions of Employment Act regulates working hours and rest periods for workers.

Sectoral Determination 10 regulates working hours and rest periods for child workers.

Sectoral Determination 2 regulates working hours and rest periods for civil engineer workers.

Sectoral Determination 7 regulates working hours and rest periods for domestic workers.

Sectoral Determination 13: regulates working hours and rest periods for farm workers.

Sectoral Determination 5 regulates working hours and rest periods for learnership workers.

Sectoral Determination 9 regulates working hours and rest periods for wholesale and retail workers.

Sectoral Determination 2 stipulates the conditions for working on Public Holidays for civil engineer workers.

Sectoral Determination 9 stipulates the conditions for working on Public Holidays for wholesale and retail workers.

The Basic Conditions of Employment prescribes the wages for working on a Sunday.

Sectoral Determination 2: Civil Engineers prescribes the wages for working on a Sunday.

Sectoral Determination 7: Domestic workers prescribes the wages for working on a Sunday.

Sectoral Determination 13: Farm Workers prescribes the wages for working on a Sunday.

Sectoral Determination 5: Learnerships prescribes the wages for working on a Sunday.

Sectoral Determination 6: Private Security prescribes the wages for working on a Sunday.

Sectoral Determination 9: Wholesale and Retail prescribes the wages for working on a Sunday.

Workplace forums promote workers' interests through consultation and by making joint decisions.

Employers must register themselves and their workers with the UIF and pay contributions monthly.

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.