Labour Law
Important note:
These study notes have been compiled
personally based on the module outline
for the 2023 academic year and are
merely a summary of the work. They
may include additional content or omit
certain information relevant to other
academic years. Additionally, please be
aware that the document may contain
some errors and spelling mistakes. It is
important to note that these notes are
intended to serve as a supplementary
aid for certain topics and should not
replace the use of textbooks or other
primary study materials. Students are
strongly encouraged to consult their
prescribed academic sources for
accurate and comprehensive
information regarding the module.
, Learning Unit 1
Individual and collective labour law:
Individual Collective
Source: Roman-Dutch law. Labour Relations Act 66
Common law. of 1995 (LRA).
Concerns: Employment contract = Collective relationship
form of lease. between employers and
trade unions.
Individual aspects of an Concentrates on matters
employment relationship. like collective bargaining
between employers and
trade unions.
Individual relationship Regulates relationships
between employer and between collective
employee. entities/groups.
Example: Employment contract. Collective agreements.
Main sources of labour law:
• Common law.
o Roman-Dutch.
o English law.
• Provisions of an employment contract.
o Restraint of trade clause.
• Legislation.
o Labour Relations Act
o Basic Conditions of Employment Act.
o Employment Equity Act.
• Collective agreements.
o Sectoral level, enterprise, or shop floor level.
• International labour standards.
o Conventions and recommendations of the International Labour
Organisation (ILO).
• Custom and practise.
• Constitutional provisions.
o Freedom of association.
,Lexical order of the sources and rules:
• Bill of Rights.
• Core rights in the BCEA.
• Bargaining Council.
• Collective agreements.
• Collective agreements.
• Sectoral and ministerial determinations.
• BCEA.
• Individual agreements.
• Common law.
Guideline for determining which rule applies:
• Is there a contract of employment agreed upon between both parties?
• Do the provisions of the BCEA apply? (Exception of Threshold and Senior
Managerial Employees).
• Which is more favourable between contract of Employment and BCEA?
• Ministerial or sectoral determination? (May not vary core rights of Employee, if
so, it is void).
• Collective agreement? (May not vary core rights of Employee, if so, it is void.
May reduce leave).
• Inside or outside bargaining council?
• If none of the above, common law.
The effects of the bill of rights on employment relationships:
, The purpose and objective of the LRA:
• The main objectives of the LRA are to advance economic development, social
justice, labour peace and the democratisation of the workplace.
• These goals are to be reached by:
o Giving effect to the fundamental rights in the Bill of Rights
o Giving effect to obligations incurred by the Republic of South Africa as
a member state of the International Labour Organisation (ILO).
o Providing a framework for collective bargaining between trade unions
and employers or employers’ organisations.
o Promoting orderly collective bargaining, collective bargaining at
sectoral level, employee participation in decision-making in the
workplace and the effective resolution of labour disputes.
Application of the LRA as well as who is protected and who is excluded:
• Applicable to every employer and employee.
• Must determine who the employer and employee
Interpretation of the LRA:
The meaning and effect of “freedom of association and other protections” as
provided for in the bill of rights and LRA:
• Freedom of association:
o Section 4 - Employees’ right to freedom of association.
o Section 5 - Protection of employees and persons seeking employment.
o Section 6 - Employers’ right to freedom of association.
o Section 7 - Protection of employers’ rights.
o Section 8 - Rights of trade unions and employers’ organisations.
Important note:
These study notes have been compiled
personally based on the module outline
for the 2023 academic year and are
merely a summary of the work. They
may include additional content or omit
certain information relevant to other
academic years. Additionally, please be
aware that the document may contain
some errors and spelling mistakes. It is
important to note that these notes are
intended to serve as a supplementary
aid for certain topics and should not
replace the use of textbooks or other
primary study materials. Students are
strongly encouraged to consult their
prescribed academic sources for
accurate and comprehensive
information regarding the module.
, Learning Unit 1
Individual and collective labour law:
Individual Collective
Source: Roman-Dutch law. Labour Relations Act 66
Common law. of 1995 (LRA).
Concerns: Employment contract = Collective relationship
form of lease. between employers and
trade unions.
Individual aspects of an Concentrates on matters
employment relationship. like collective bargaining
between employers and
trade unions.
Individual relationship Regulates relationships
between employer and between collective
employee. entities/groups.
Example: Employment contract. Collective agreements.
Main sources of labour law:
• Common law.
o Roman-Dutch.
o English law.
• Provisions of an employment contract.
o Restraint of trade clause.
• Legislation.
o Labour Relations Act
o Basic Conditions of Employment Act.
o Employment Equity Act.
• Collective agreements.
o Sectoral level, enterprise, or shop floor level.
• International labour standards.
o Conventions and recommendations of the International Labour
Organisation (ILO).
• Custom and practise.
• Constitutional provisions.
o Freedom of association.
,Lexical order of the sources and rules:
• Bill of Rights.
• Core rights in the BCEA.
• Bargaining Council.
• Collective agreements.
• Collective agreements.
• Sectoral and ministerial determinations.
• BCEA.
• Individual agreements.
• Common law.
Guideline for determining which rule applies:
• Is there a contract of employment agreed upon between both parties?
• Do the provisions of the BCEA apply? (Exception of Threshold and Senior
Managerial Employees).
• Which is more favourable between contract of Employment and BCEA?
• Ministerial or sectoral determination? (May not vary core rights of Employee, if
so, it is void).
• Collective agreement? (May not vary core rights of Employee, if so, it is void.
May reduce leave).
• Inside or outside bargaining council?
• If none of the above, common law.
The effects of the bill of rights on employment relationships:
, The purpose and objective of the LRA:
• The main objectives of the LRA are to advance economic development, social
justice, labour peace and the democratisation of the workplace.
• These goals are to be reached by:
o Giving effect to the fundamental rights in the Bill of Rights
o Giving effect to obligations incurred by the Republic of South Africa as
a member state of the International Labour Organisation (ILO).
o Providing a framework for collective bargaining between trade unions
and employers or employers’ organisations.
o Promoting orderly collective bargaining, collective bargaining at
sectoral level, employee participation in decision-making in the
workplace and the effective resolution of labour disputes.
Application of the LRA as well as who is protected and who is excluded:
• Applicable to every employer and employee.
• Must determine who the employer and employee
Interpretation of the LRA:
The meaning and effect of “freedom of association and other protections” as
provided for in the bill of rights and LRA:
• Freedom of association:
o Section 4 - Employees’ right to freedom of association.
o Section 5 - Protection of employees and persons seeking employment.
o Section 6 - Employers’ right to freedom of association.
o Section 7 - Protection of employers’ rights.
o Section 8 - Rights of trade unions and employers’ organisations.
