Labour Legislation
Labour Relations Act (66 of 1995)
Purpose
▪ Enforce fundamental rights relating to labour issues.
▪ Promote economic development, labour peace, social justice and democracy in the
workplace.
▪ Provide a framework for collective bargaining to solve labour disputes.
Implications
▪ Ensures that international labour standards are applied in SA.
▪ Gives clear guidelines on how labour disputes can be resolved.
▪ Gives “power” to trade unions.
Constitution of South Africa (108 of 1996)
Purpose
▪ Redress inequalities of the past.
▪ Ensure equal rights to all people in SA (Civil and political, social and economic, environment
and economical).
Limitation clause – limit rights to eliminate conflict due to differences.
▪ Ensure inclusivity (no discrimination).
▪ Protect the environment by preventing pollution and ecological degradation, promote
conservation and secure the sustainable use of natural resources.
Implications
▪ Basic human rights: right to housing, water, health care, basic education, freedom…
▪ Workers may join a trade union and assemble peacefully, provided the correct procedure is
followed.
▪ Workers may act against unfair discrimination.
▪ Employers have the right to operate in a safe environment and to be protected.
Basic Conditions of Employment Act (75 of 1997)
Purpose:
▪ Ensure fair treatment in the workplace.
▪ Promote economic development by improved labour conditions.
▪ Protect workers against unfair labour practices (working hours, overtime, leave, deductions,
work on public holidays, notice of termination).
Implications:
▪ Protects vulnerable employees, i.e. part-time workers, far workers and domestic workers.
▪ Provides mechanisms to set minimum wages based on sectorial agreements.
▪ Prevents child labour.
▪ Protects employees against unreasonably long working hours.
▪ Ensures fair treatment of employees regarding employment contracts.
Business Studies Labour Legislation | 1
Labour Relations Act (66 of 1995)
Purpose
▪ Enforce fundamental rights relating to labour issues.
▪ Promote economic development, labour peace, social justice and democracy in the
workplace.
▪ Provide a framework for collective bargaining to solve labour disputes.
Implications
▪ Ensures that international labour standards are applied in SA.
▪ Gives clear guidelines on how labour disputes can be resolved.
▪ Gives “power” to trade unions.
Constitution of South Africa (108 of 1996)
Purpose
▪ Redress inequalities of the past.
▪ Ensure equal rights to all people in SA (Civil and political, social and economic, environment
and economical).
Limitation clause – limit rights to eliminate conflict due to differences.
▪ Ensure inclusivity (no discrimination).
▪ Protect the environment by preventing pollution and ecological degradation, promote
conservation and secure the sustainable use of natural resources.
Implications
▪ Basic human rights: right to housing, water, health care, basic education, freedom…
▪ Workers may join a trade union and assemble peacefully, provided the correct procedure is
followed.
▪ Workers may act against unfair discrimination.
▪ Employers have the right to operate in a safe environment and to be protected.
Basic Conditions of Employment Act (75 of 1997)
Purpose:
▪ Ensure fair treatment in the workplace.
▪ Promote economic development by improved labour conditions.
▪ Protect workers against unfair labour practices (working hours, overtime, leave, deductions,
work on public holidays, notice of termination).
Implications:
▪ Protects vulnerable employees, i.e. part-time workers, far workers and domestic workers.
▪ Provides mechanisms to set minimum wages based on sectorial agreements.
▪ Prevents child labour.
▪ Protects employees against unreasonably long working hours.
▪ Ensures fair treatment of employees regarding employment contracts.
Business Studies Labour Legislation | 1
