Labour Law Notes
CHAPTER 1: OVERVIEW
GENERAL:
Labour law consists of two main components:
1. Individual labour law
2. Collective labour law
INDIVIDUAL LABOUR LAW:
Includes topics such as the formation of the employment relationship, the content of the
relationship, and the termination of the relationship.
The assumption here is that the employment relationship exists between two single entities
i.e. between a single employer and a single employee
COLLECTIVE LABOUR LAW:
Focuses on relationships on a collective level, in other words a number of people are acting
together (collectively) to influence this relationship
Collective labour law looks at groups, for example collective entities such as trade unions and
employer’s organisations
THE MOST IMPORTANT LEGISLATION REGARDING LABOUR LAW IS:
Labour Relations Act 1995 (LRA)
Basic Conditions of Employment Act 1997 (BCEA)
Employment Equity Act 1998 (EEA)
Skills Development Act 1998 (SDA)
Occupational Health and Safety Act 1993 (OHSA)
Mine Health and Safety Act 1996 (MHSA)
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, Labour Law Notes
CHAPTER 2: EXCLUSIVE PROTECTION FOR EMPLOYEES IN TERMS OF LEGISLATION
WHAT IS AN EMPLOYMENT CONTRACT?
The contract of employment:
is a voluntary agreement between two parties in terms of which
one party (the employee) places his or her labour potential at the disposal and under the
control
of the other party (the employer) in exchange for some form of remuneration
WHO IS AN EMPLOYEE?
The LRA, BCEA, EEA and SEA all use the same definition of an “employee”, and employee is:
(a) Any person, excluding an independent contractor, who works for another person or for the
State and who receives, or is entitled to receive, any remuneration; and
(b) Any person who in any manner assists in carrying on or conducting the business of an
employer
Part (a) of the definition includes both employees:
in the private sector (“who works for another person”)
and the public sector (“or for the state”)
the definition also includes domestic and farm workers as employees
Part (a) incorporates the common-law contract of service (locatio conduction operarum) and
excludes the contract of work (locatio conduction operis), which relates to the contract of work
Part (b) includes any person who in any manner assists in carrying on or conducting the
business of the employer, it should be noted that this part is couched in broader terms and can
include various categories of workers, which complicates the matter as far as the distinction between
an employee and independent contractor is concerned.
Such categories include:
permanent employees
temporary employees
casual workers
contract workers
part-time employees
self-employed people
and others such as seasonal workers
The difficulty in determining who qualifies as an employee and who does not has prompted
the courts to formulate various tests to distinguish between them, the various test are:
the control test,
the organisation test, and
the dominant impression test
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CHAPTER 1: OVERVIEW
GENERAL:
Labour law consists of two main components:
1. Individual labour law
2. Collective labour law
INDIVIDUAL LABOUR LAW:
Includes topics such as the formation of the employment relationship, the content of the
relationship, and the termination of the relationship.
The assumption here is that the employment relationship exists between two single entities
i.e. between a single employer and a single employee
COLLECTIVE LABOUR LAW:
Focuses on relationships on a collective level, in other words a number of people are acting
together (collectively) to influence this relationship
Collective labour law looks at groups, for example collective entities such as trade unions and
employer’s organisations
THE MOST IMPORTANT LEGISLATION REGARDING LABOUR LAW IS:
Labour Relations Act 1995 (LRA)
Basic Conditions of Employment Act 1997 (BCEA)
Employment Equity Act 1998 (EEA)
Skills Development Act 1998 (SDA)
Occupational Health and Safety Act 1993 (OHSA)
Mine Health and Safety Act 1996 (MHSA)
Page 1 of 7
, Labour Law Notes
CHAPTER 2: EXCLUSIVE PROTECTION FOR EMPLOYEES IN TERMS OF LEGISLATION
WHAT IS AN EMPLOYMENT CONTRACT?
The contract of employment:
is a voluntary agreement between two parties in terms of which
one party (the employee) places his or her labour potential at the disposal and under the
control
of the other party (the employer) in exchange for some form of remuneration
WHO IS AN EMPLOYEE?
The LRA, BCEA, EEA and SEA all use the same definition of an “employee”, and employee is:
(a) Any person, excluding an independent contractor, who works for another person or for the
State and who receives, or is entitled to receive, any remuneration; and
(b) Any person who in any manner assists in carrying on or conducting the business of an
employer
Part (a) of the definition includes both employees:
in the private sector (“who works for another person”)
and the public sector (“or for the state”)
the definition also includes domestic and farm workers as employees
Part (a) incorporates the common-law contract of service (locatio conduction operarum) and
excludes the contract of work (locatio conduction operis), which relates to the contract of work
Part (b) includes any person who in any manner assists in carrying on or conducting the
business of the employer, it should be noted that this part is couched in broader terms and can
include various categories of workers, which complicates the matter as far as the distinction between
an employee and independent contractor is concerned.
Such categories include:
permanent employees
temporary employees
casual workers
contract workers
part-time employees
self-employed people
and others such as seasonal workers
The difficulty in determining who qualifies as an employee and who does not has prompted
the courts to formulate various tests to distinguish between them, the various test are:
the control test,
the organisation test, and
the dominant impression test
Page 2 of 7
