Employment and Labour Law

• • This field of law regulates the relationship between employers, employees and trade unions within the Republic of South Africa.
    It is important for employers to be aware of the number of legal issues involved in the workplace.
    
    The relevant Acts:
    
    • Labour Relations Act – this Act deals with the employment relationship. It gives rights to both parties and dictates how the
    employer and employee are to conduct themselves in the employment relationship.
    
    • Basic Conditions of Employment Act – this Act relates to the working conditions of employees by providing standard/basic
    conditions of employment.
    
    • Employment Equity Act – regulates the treatment of all employees with its principal function to ensure that all employees are treated
    equally and that there is no discrimination in the workplace. <
    /> • Unemployment Insurance Act – the main purpose of the Act is to regulate and administer the unemployment insurance fund.
    
    • Occupational Health and Safety Act – ensures that employees work in a safe and healthy environment. Employees have a right to
    know of any dangers in the workplace.
    
    • Compensation for Occupational Injuries Act – allows employees to claim compensation from the fund if they are injured whilst on duty
    or become sick as a result of their job.
    
    Employment contracts:
    
    An employer should be aware of the minimum statutory terms and conditions set out in the various employment related legislation.
    
    The basic terms usually include the duration, position, duties, probationary period (if any), remuneration, other benefits, annual leave,
    sick leave, maternity leave and family responsibility leave, mandatory retirement fund, notice of termination, the right to summarily dismiss,
    protection of confidential information and intellectual property, post- termination restrictions (if any), governing law and jurisdiction.
    
    There is no general statutory requirement that a written contract must be entered into or signed, provided that the employer has furnished the
    employee with the written particulars of employment.
    
    ___________________________________________________________
    Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
    stems from a desire to improve upon the lives of the vulnerable who fall prey to a
    corrupt system.
    I studied at the University of Johannesburg where I obtained my Bachelor of Laws
    degree, the starting point to the long journey of becoming a legal practitioner.
    This profession has taught me to persevere through the complexities of the law and to
    continually develop my skills as a legal professional.