Careers and career choices

labour laws : identify, define and

discuss :

Chapter 13
 What are labour laws

•Labour laws : The body of laws that govern the

employer-employee relationship, including
individual employment contracts.
 THE LABOUR RELATIONS ACT, ACT 66 OF 1995
• The LRA aims to promotes economic development, social justice, labour peace and democracy in
the workplace:
• It makes rules for the relationship between the employer ( who may be an individual or a
company) and the individual or groups of employees; employer or employers' organisations and
trade union.
• Promotes employee rights to fair labour practices; to form and join trade unions and employers
organisation; to organise or bargain collectively ; to participate in decision making through
workplace forum; to strike or lock-outs.
• Expect employees and employers to try and settle disputes or arguments through negotiation
and Conciliation instead of strikes and going to courts.
• Establishes the Commission for Conciliation, Mediation and Arbitration ( CCMA) which plays a
critical role in sorting out disputes and providing advice.
• Does not apply to members of the National Defence Force, The National Intelligence Agency, and
the South African Secret Services. Some rights are limited when they apply to domestic workers
 THE EMPLOYMENT EQUITY ACT, ACT 55 OF
1998
• The act which seeks to promotes the achievement of equity in the workplace by
advancing equal opportunity and fair treatment in employment practices through
eliminating unfair discrimination and implementation of affirmative action
measures to redress the disadvantages experienced by designated groups so that
there is equitable representation in all occupational categories and levels in the
workforce.
• In a nutshell this means that then THE EEA aims to :
• Regulate Affirmative action so that people from the designated groups, who have
suitable qualifications , are given opportunities for employment. Designated
groups according to the EEA, are Africans, Coloured and Indians and women and
disabled people of all races.
 THE BASIC CONDITIONS OF EMPLOYMENT
ACT, ACT 75 OF 1997

• This is act 75 of 1997 whose intentions is to give effect to the right to fair labour practices impacting on
working hours per week/month or annum, the different types of leaves employees are entitled to;
overtimes , meal breaks etc. in the workplace.
• This acts states that the employers must give their employees details of their employment in writing , in
the from of an employment contract.
• It also highlights that it is against the law to employ children under 15 years olds, expect for children in the
performing arts . Children aged 15 to 18 may not be employed to do dangerous work or do work that places
risk to their well being, education, physical or mental health, spiritual or moral or social development.
• Employees have duties and responsibilities towards their employers; for example , employees must not
take sick leave if they are not sick and they should obey all lawful and reasonable instructions from their
employers.
 Terms to know

• Affirmative action refers to a set of policies and practices within a

government or organisation that seeking to include particular groups based
on their gender , race, sexuality ,creed or nationality in areas in which they
are underrepresented such as education and employment.
 Core elements of a job contract

• Job contract : oral or written , express or implied , agreement specifying terms

and conditions under which a person consents to perform certain duties as
directed and controlled by an employer in return for an agreed upon wage or
salary .
• The BCEA sets out the core elements of a job contracts . These include
working hours, overtime rates, payments ,annual leave, termination of
contract and leave etc.
• NB SEE PAGE 232
 Job contract

• Workers rights : the rights that an employee has which include the right to treated
fairly; in a morally acceptable way or legal way and accommodative of the right to a fair
wage, safe working conditions and reasonable time off.
• Worker obligation: an or course of action that morally or legally binds a person to
perform certain duties or act in a certain way in the workplace.
• Condition of service: these are standards that bind both the employer and employee to
certain operational norms or codes whose intention is to control, manage and inform
the nature of working environment and must be adhered to by both the employer and
employee.
 How does a job contract provide protection to
the employer / employee
• To the employer:
• Minimise incidents of non compliance by workers an employer may have to deal with on a daily
basis and this may send a clear message to the other workers of the legal rights an employer may
have in the event of breach of contract.
• Helps the employer establish the necessary structure or order in their work place thereby reducing
possible risks the employer have face.
• Protects the business or company through polices included in the contract thereby reducing the
possibility of legal claims against the employer.
• Protects sensitive information of the company as the employer may have a included a
confidentiality clauses in the contract.
• To the employee:
• A contract outlines the terms of employment, including job responsibilities,
working hours and compensation which helps prevents misunderstandings .
• A job contract includes provision like notice periods which protects
employees from sudden termination.
• A contract provides legal framework for resolving disputes , allowing
employees to seek legal action if necessary.
 To minimise misreading a job contract
employees could:

• Ensure that they have a lawyer draw up the contract in simple language so
that workers who are not fluent reader understand what is being read.
• Allow workers to read the contract at home or own time so that they may
not feel threatened or pressured in any way.
• Have a translator or interpreter available to explain the contract to workers
in an understable language.
 Recruitment

• Recruitment process: the process of finding or hiring the best qualified candidate for a job
opening , in a timely and cost effective manner. This includes analysing the requirements of a job,
attracting employees to the job, screening and selecting applicants , hiring and integrating the
new employee to the organisation .
• General recruitment trends : a general direction in which something tends to move. For example ,
employment trends in the era of the Fourth Industrial Revolution ( 4th IR) have changed as digital
employment opportunities have overtaken the traditional careers.
• General recruitment process: these are current and futuristic trends followed by recruiting
companies , for example, companies use the internet to advertise vacant posts , other use social
media . Applicants must be computer literate to earn the job.
 Principles of equity and redress
• EQUITY
• Principle of equity: these are set principles which dictates fair treatment of all employees in the workplace by favouring
employment of people from designated groups ( gender ,colour, race or other personal differences ) Designated groups
means black designated groups, black people, women , people with disabilities ) for purposed of reversing the negative
effects of exclusionary laws.
• Equal opportunity and fairness
• Fair discrimination allowed (may not hire a paraplegic person if job requires them to climb for example)
• REDRESS
• Principle of redress: these are set of practices/principles used to refer to the range of appropriate responses that can be
provided to individuals or groups of people that have been detrimentally affected by maladministration or injustices of the
past, or who are likely to suffer detriment at some time in the future if previous or ongoing maladministration are not
rectified with the aim o reach a fair and reasonable resolution.
 Trade unions and organised labour
• Trade unions : an organized association of workers ( employees)/employers in a trade, group of trades . Or
professions formed to protect and further their rights and interests of their members in a workplace.
• Trade unions are organisations represent interests of their members in the workplace. They participate in
collective bargaining or negotiation with employers for example, wage increase or improvements in workplace
conditions.
• The main role of trade unions is negotiation and representation of their members within the ambit of LRA. The
union is expected to determine the members grievances and relay the grievance to the employer.
• Trade union officials have the right to recruit in the workplace, hold meetings at the workplace outside of
business hours
• Trade union members have the right to elect representatives at the workplace, authorize employer to deduct
member fee
• SHOP STEWARDS: full time employees of a business, elected as trade union representative by fellow employees
 Trade union rights

• These are set of rights/ privileges / recourses that workers in a workplace may have or excerise in their
performance duties.
• Rights include:
• The right to access the workplace or talk to union members
• The right to stop orders
• The right to membership stop orders
• The right to leave for trade union officials
• The right to access to information
• The right to appoint shop stewars.
 Organised labour

• Organised labour an association of worker united as a single, representative

entity for the purpose of improving the workers economic status and
working conditions through collective bargaining with employers.
1. Employers' organisations (associations)
2. Federations (cosatu)
 Work ethics and societal expectations

• Ethics : moral principles /values that govern /regulate a person’s behavior and they
often characterize a person’s moral standing.
• Work ethics: a value based on good conduct , handwork , punctuality, respect ,
dedication and diligence in the world of work. In other words it what is acceptable
or good in the world of work. Example
• Societal expectations: refers to the general standards/norms of behavior that
individuals who live within a society are expected to uphold / live by. In other words
what people expect and believe you should do and how you should behave.
 Importance of following the required ethical
behaviour in the workplace
• Enables you to do your work with diligence which enable you strive to
continually perform at your level best which improves the productivity at
the workplace and assist in achieving the company goals.
• Enables to commit to always function efficiently , it may lessen any possible
frustrations among co workers which may create a sense of a joined work
force and this may enable everyone to complete their work within the
required timeframe.
The value of work: how work gives meaning to
life
• These are the benefits that comes as a result of one being employed enabling an individual to
earn an income to satisfy their daily needs , boosting their self esteem , enhancing their dignity.
• Why do we work? For a sense of purpose
• Each day of your life may be filled with daily goals to accomplish.
• Having a specific role to play at your workplace.
• Learning new skills and experience different things each day.
• Being able to contribute to the economy and your community.
• Feeling a sense of self worth and significance ;
Chapter 17: Career and career choices
 Refinement of portfolio

• Update info ( marks, contact numbers, address)

• Throw away any document that is irrelevant or out of date
• Male new copies of documents if old copies are crumpled or torn