LABOUR LAW EXAM PREP
CHAPTER 1-3
-Introduction/Sources of Labour Law
Labour law is described as less of a concept but a ‘dimension of life.’ This dimension of life with
which we are concerned is the world of work and people’s engagement in it. It concerns itself
with both collective and individual labour law. Collective labour law encompasses a concern for
collective rights rather than individual rights. It affirms collective values, and it supports
collective bargaining through independent trade unions. Individual labour law on the other hand
is the polar opposite of collective labour law.
Labour law sources include primary and secondary sources. The common law, regulations,
codes, sectorial determinations, the Employment Tax Act, the National Minimum Wage Act etc.
Amongst these, the primary pieces of legislation in labour law are:
1. Labour Relations Act 66 of 1995
2. Employment Equity Act 55 of 1998
3. Basic Conditions of Employment Act 75 of 1997
4. Skills Development Act 97 of 1998
The one challenge faced by labour today is the erosion of the standard contract employment
resulting in no workplace and less protection for workers. The state has tried to be involved in
labour law to counter act this new challenge, but this intervention has given rise to certain
debates. There are two broad views in South Africa with regards the state intervention in the
labour market:
1. The libertarian approach/the free-market model which is if the view that labour
legislation should be abolished for beneficial consequences for employees and the
broader society
2. The social justice perspective is of the view that the law is a tool to achieve social justice.
There is a third perspective, the capabilities approach which is of the view that focus should be
drawn to developing individual capabilities.
It is apparent that South Africa takes the social justice approach. It promotes labour legislation, is
a member of the world’s authority on labour law (ILO) and they are a Constitutional state. With
no doubt, South Africa believes that the law is indeed a tool to achieve greater peace and social
justice.
-International Labour Standards
Before 1994, international labour standards played an indirect role in the development of South
African labour law. However, today a meaningful study of law is not possible without at least the
basic understanding of institutions that shape international labour standards, their basic content
and the relationship between them and domestic legislation, In particular, the ILO.
CHAPTER 1-3
-Introduction/Sources of Labour Law
Labour law is described as less of a concept but a ‘dimension of life.’ This dimension of life with
which we are concerned is the world of work and people’s engagement in it. It concerns itself
with both collective and individual labour law. Collective labour law encompasses a concern for
collective rights rather than individual rights. It affirms collective values, and it supports
collective bargaining through independent trade unions. Individual labour law on the other hand
is the polar opposite of collective labour law.
Labour law sources include primary and secondary sources. The common law, regulations,
codes, sectorial determinations, the Employment Tax Act, the National Minimum Wage Act etc.
Amongst these, the primary pieces of legislation in labour law are:
1. Labour Relations Act 66 of 1995
2. Employment Equity Act 55 of 1998
3. Basic Conditions of Employment Act 75 of 1997
4. Skills Development Act 97 of 1998
The one challenge faced by labour today is the erosion of the standard contract employment
resulting in no workplace and less protection for workers. The state has tried to be involved in
labour law to counter act this new challenge, but this intervention has given rise to certain
debates. There are two broad views in South Africa with regards the state intervention in the
labour market:
1. The libertarian approach/the free-market model which is if the view that labour
legislation should be abolished for beneficial consequences for employees and the
broader society
2. The social justice perspective is of the view that the law is a tool to achieve social justice.
There is a third perspective, the capabilities approach which is of the view that focus should be
drawn to developing individual capabilities.
It is apparent that South Africa takes the social justice approach. It promotes labour legislation, is
a member of the world’s authority on labour law (ILO) and they are a Constitutional state. With
no doubt, South Africa believes that the law is indeed a tool to achieve greater peace and social
justice.
-International Labour Standards
Before 1994, international labour standards played an indirect role in the development of South
African labour law. However, today a meaningful study of law is not possible without at least the
basic understanding of institutions that shape international labour standards, their basic content
and the relationship between them and domestic legislation, In particular, the ILO.
