HR IIB (Labour Relations) Chpt.1 - Sources of Labour Legislation

Human Resources Management IIB by ProfessorBurgerQueen



Sources of Labour Legislation

- The South African Constitution
- International Labour Standards
- The common law
- Collective Agreements

- Legislation
- Labour Relations Act 66 (LRA)
- Basic Conditions of Employment Act 75 (BCEA)
- Employment Equity Act 55 (EEA)
- Skills Development Act 97 (SDA)
- Skills Development Levies Act 9 (SDLA)
- Unemployment Insurance Act 30 (UIA)
- Occupational Health and Safety Act 85 (OHSA)
- Compensation for Occupational Injuries and Diseases Act 130 (COIDA)


The Tripartite Relationship

- State (government), employer, employee
- Primary relationship is between employer and employee
- Secondary relationships are between state & employer, and state & employee

The Primary Employment Relationship

- The primary relationship is between the employer (ER) and the employee (EE)

- An EE, according to section 213 of the LRA, is defined as any person, excluding
independent contractors, who works for another person or the state and
exchanges their time and skills for a monetary reward, and is managed by said
person

- An ER is defined as any person that provides work to an EE, manages them, and
remunerates them in exchange for their time and skills


The Secondary Employment Relationship

- Between the state & ER, and between the state & EE

- State serves as a facilitator and provides a framework for conducting the relationship
between ER and EE

- This framework includes legislation that governs, ie. LRA, BCEA, EEA