merc law unit 4 chapter 1.1

labour law

regulates the activity of working, regulates the state, employee and employer relationship.

relationship between employee and employer

based on the employment contract, is a species of the contract of lease

Fairness Mechanisms

minimum conditions of employment, collective bargaining, protection against unfair dismissal, labour practices and discrimination

collective and individual labour law

collective is between employer and trade union

sources of labour law

legislation, international and foreign, common, case, collective and contract of employment

Labour regulations act(LRA)

applies to everyone except SADF, SAPS and National Intellingence agency

basic conditions of employemnt

working hours, annual and sick leave, payment for overtime and work on public holidays and Sundays, termination of contract of employment

employment equity act(EEA)

promotes equality, prohibits discrimination on certain grounds, implements affirmative action for those affected by past

occupational and health safety act(OHSA)

strengthens the common law duty to provide safe working conditions

Compensation for occupational injuries and deseases act(CODIA)

provides payment for loss of earnings in death of employment

Unemployment insurance act(UIA)

UIA provides payment of contributions by employee and employer to UIF

international and foreign law

when interpreting, a court must consider international law(like international labour organisation) and may consider foreign law(foreign courts interpretation)

common law

form basis of mutualrights and duties of employers and employees

case law

body of law arising from the courts interpretation, civil courts are responsible for interpretation of labour legislation

collective agreements

provisions of these agreements automatically form part of an employment contract

contract of employment

reciprocal rights, and duties of employers and employees, may be concluded verbally unless formalities prescribed by legislation, terms and conditions in conflict with any source of law is invalid unless more benifical for employee