Industrial Regulations
IEB Business Studies
Nicola Waite
, Nicola Waite Business Studies May 2021
Labour Legislation and
Industrial Regulations
1. Constitution
Forms the basis of all other laws within the country. It is the fundamental law of SA.
There are 3 main areas of the constitution that affect businesses in SA, these are:
• Human Rights
• Inclusivity
• Environmental Issues
Human Rights
o The Bill of Rights falls under the constitution and outlines the rights and
responsibilities of all citizens.
o This helps to redress issues of the past
o They are basic fundamental things that you are entitled to just because you
are part of the human race.
o They are alienable, meaning nobody can take them away.
Three main categories: Social and economic, civil and political rights.
Our rights include:
✓ Access to constitutional courts ✓ Children’s rights
✓ Citizenship and freedom of movement ✓ Education
✓ Protest, assemble, demonstrate, form a ✓ Environmental
political party ✓ Not to be discriminated against (except
✓ Freedom of association and expression for affirmative action = BBBEE , EEA due
✓ Right to housing, food, water and social to limitation clause)
security
Limitation clause:
Rights are not absolute and may be limited (i.e. previously disadvantaged get preferential treatment in the
workplace). This is necessary as people’s rights may conflict.
SA Human rights commission
Aim:
• Assist people who have had their rights violated
• When a group brings a court action, it is called CLASS ACTION
• The public protector is appointed by the president (Thuli Madonsela) and gives free service to the
general public where people can register complaints against the government.