A contract of employment may be terminated only once notice has been given as prescribed by the BCEA. The only exception is where the employer pays the employee the remuneration the employee would have received if the employee had worked during a notice period or where the employee has committed serious misconduct.
Every employer must keep a record containing each employee's name and occupation; the time worked by each employee; the remuneration paid to each employee; the date of birth of any employee under 18 years of age; and any other prescribed information.
No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.
An employer may only permit an employee to perform night work if the employee agrees to it, and if the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours.
An employer may not permit an employee to work more than 45 hours in any week. An employee may also not exceed nine hours of work in any day if the employee works for five days or fewer in a week, or eight hours in any day if the employee works on more than five days in a week.
The Basic Conditions of Employment Act, or anything done under it, takes precedence over any collective agreement. In other words, an employer cannot reach an agreement with his/her employees that negates any of the conditions prescribed in the BCEA.
The purpose of the Basic Conditions of Employment Act is to advance economic development and social justice. It does this by giving effect to the right to fair labour practices, by establishing and enforcing basic conditions of employment; and by regulating the variation of basic conditions of employment.
The CCMA is independent of the State, any political party, trade union, employer, employers' organisation, federation of trade unions or federation of employers' organisations.
The Commission for Conciliation, Mediation and Arbitration was established as a juristic person by the LRA 66 of 1995.
An employer may not dismiss an employee for participating in a protected strike or for any conduct in contemplation or in furtherance of a protected strike.
A person may not take part in a strike if that person is engaged in an essential service or a maintenance service.
In any proceedings a party who alleges that a right or protection conferred on them by the LRA has been infringed must prove the facts of the conduct. The party who engaged in that conduct must then prove that the conduct did not infringe any provision of the LRA.
Every employer has the right to join an employers' organization, subject to its constitution.
The Labour Relations Act does not apply to all employees! Excluded groups include members of the National Defence Force; the National Intelligence Agency; the South African Secret Service, and the South African National Academy of Intelligence.
Every employee has the right to join a trade union, subject to its constitution.
