South African Labour Law and Employment Practice

This set of flashcards covers fundamental vocabulary regarding South African labour law, definitions of employment, and contractual conditions.

Labour law

A field of law that protects workers and employees from unfair treatment at work by creating a balance between employer and employee power.

BCEA

The Basic Conditions of Employment Act, which sets minimum standards for employment such as working hours, wages, and leave.

CCMA

The body where disputes regarding whether a person is an independent contractor or an employee are dealt with before going to Labour court.

Individual Labour Law

Regulatory laws governing the relationship between a single employer and a single employee, covering duties, wages, and leave.

Collective Labour Law

Laws governing the relationship between groups of employers and employees via trade unions and employer organizations, dealing with collective bargaining, strikes, and lockouts.

International Labour Org. (ILO)

A global body that promotes fair labour standards and creates labour conventions and recommendations, including the right to join trade unions.

Employee

Any person (excluding independent contractors) who works for another person or the state and receives, or is entitled to receive, remuneration.

Independent Contractor

A person who operates their own business, services many clients, carries their own financial risk, and is not protected by the LRA or BCEA.

Control Test

A test used to differentiate employees from independent contractors by examining how much control an employer has over when, where, and how work is done.

Organization (Integration) test

A test used to determine employment status based on whether the worker is integrated into the business and performs daily duties for it.

Dominant Impression test

A comprehensive test used to decide employment status by considering several factors including control, integration, provision of tools, and financial risk.

Suspensive Condition

A contract condition where the employment only starts once a specific requirement or condition has been met.

Resolutive Condition

A contract condition where the employment terminates once a specific condition is met, commonly used for temporary or project-based employment.

Non-standard employment

Forms of work that lack traditional full-time permanent status, such as part-time, fixed-term, and temporary employment services (TES).

TES (Labour Broker)

Temporary Employment Services, involving a three-party relationship between a provider, a client, and the temporary employee.

Restraint of trade clause

A contractual clause that prevents an employee from working for a competitor or starting a competing business for a specific time and geographical area after leaving a job.