Introduction to LL and BCEA learner guide
Overview This course is designed to provide a comprehensive understanding of employment conditions and labour law in South Africa. It covers various aspects of employment, including contracts from both the employee and employer’s perspectives, the Basic Conditions of Employment Act, …
Overview
Overview
This course is designed to provide a comprehensive understanding of employment conditions and labour law in South Africa. It covers various aspects of employment, including contracts from both the employee and employer’s perspectives, the Basic Conditions of Employment Act, drafting employment contracts, labour law, individual and collective labour law and grievance procedures. Students will gain insights into the legal framework governing employment relationships, the rights and responsibilities of employees and employers, and the mechanisms for dispute resolution and protection of labour rights.
What will you Learn from this Course:
In this course, you will learn about various aspects of employment conditions and labour law in South Africa. Here is a summary of what you will learn:
- Introduction to employment conditions.
- Understanding contracts from the perspective of both employees and employers.
- The basics of contract law and what constitutes a contract.
- The importance of employment contracts and their categories.
- Parties involved in employment contracts and their roles.
- Statutory exclusions, employment conditions and categories of employment.
- The Constitution of South Africa and the Bill of Rights in the context of employment.
- Employee and employer duties, including the doctrine of vicarious liability.
- Organisational conditions and sources of labour law.
- Purpose and application of the Basic Conditions of Employment Act (BCEA).
- Regulation of working time, leave and parental leave.
- Employment Conditions Commission and sectoral determinations.
- Legal proceedings, dispute resolution and penalties under the BCEA.
- Protection of employees against discrimination.
- Codes of good practice and general provisions of the BCEA.
- How to draft employment contracts, including statutory information.
- Essential elements of employment contracts.
- Understanding express, incorporated and implied terms in contracts.
- Special contract clauses like confidentiality and restraint of trade.
- Understanding the labour relationship.
- Power dynamics within the labour relationship.
Duration: 5 Days
Curriculum
Curriculum
- 9 Sections
- 116 Lessons
- 3 Days
- UNIT 1: Employment Conditions22
- 1.1Introduction
- 1.2Contracts From the Perspective of the Employee
- 1.3Contracts from the Perspective of the Employer
- 1.4Law of Contracts in a Nutshell
- 1.5What is a Contract?
- 1.6Basics of Contracts
- 1.7Employment Contract
- 1.8Parties to the Employment Contract
- 1.9Defining the Employee as a Party to the Employment Relationship
- 1.10Application to Recent Labour Disputes within the CCMA
- 1.11Defining the Employer as a Party to the Employment Relationship
- 1.12Statutory Exclusions
- 1.13Employment Conditions
- 1.14Categories of Employment
- 1.15The Importance of the Employment Contract and Other Types of Contracts
- 1.16Organisational Sources of Employment and Sources of Labour Law
- 1.17The Constitution of South Africa, Act 108 of 1996
- 1.18The Bill of Rights
- 1.19Consequences of the Employment Contract: Employee’s Duties
- 1.20Consequences of the Employment Contract: Employer’s Duties
- 1.21Doctrine of Vicarious Liability
- 1.22Organisational Conditions
- Unit 2: The Purpose and Application of the Basic Conditions of Employment Act17
- 2.1Introduction
- 2.2Basic Conditions of Employment
- 2.3Prohibition of Employment
- 2.4Variation of the Conditions of Employment
- 2.5Employment Conditions Commission
- 2.6Sectoral Determinations
- 2.7Regulation of working time
- 2.8Leave
- 2.9Parental Leave and Leave Relating to Family
- 2.10Particulars of Employment Part 1
- 2.11Particulars of Employment Part 2
- 2.12Monitoring, Enforcement and Legal Proceedings of the BCEA
- 2.13Protection of Employees against Discrimination
- 2.14Legal Proceedings – Dispute Resolution
- 2.15General Provisions of the BCEA
- 2.16Codes of Good Practice
- 2.17Penalties
- Unit 3: Drafting the Employment Contract12
- 3.1Introduction
- 3.2Drafting of the Employment Contract
- 3.3Statutory Information
- 3.4Essentialia of the Employment Contracts
- 3.5Express, Incorporated, and Implied Terms
- 3.6Exceptional Employment Conditions
- 3.7Confidentiality Clauses
- 3.8Restraint of Trade
- 3.9Clear and Unambiguous Contractual Interpretations
- 3.10Legal Interpretation Based on the Wording of the Contract
- 3.11Signatory
- 3.12Sample of an Employment Contract
- Unit 4: Introduction to Labour Law3
- Unit 5: Individual Labour Law16
- 5.1Introduction
- 5.2Definition of an Employee
- 5.3Exclusions from the Labour Relations Act
- 5.4The Meaning of Dismissal
- 5.5The Fairness of the Dismissal: Automatic Unfair Dismissal
- 5.6Other Unfair Dismissals and Burden of Proof
- 5.7Code of Good Practice: Dismissal (Schedule 8)
- 5.8Incapacity: Poor Work Performance
- 5.9Incapacity: Ill Health or Injury
- 5.10Dismissals Based on Operational Requirements
- 5.11Severance Pay
- 5.12Date of Dismissal
- 5.13Disputes about Unfair Dismissal
- 5.14Remedies for Unfair Dismissal
- 5.15Unfair Labour Practices Part 1
- 5.16Unfair Labour Practices Part 2
- Unit 6: Collective Labour Law26
- 6.1Collective Bargaining
- 6.2Refusal to Bargain
- 6.3Freedom of Association
- 6.4Shop Agreements
- 6.5Organisational Rights
- 6.6Levels of Representivity
- 6.7The Workplace
- 6.8Organisational Rights of Trade Unions
- 6.9Collective Agreements
- 6.10Legal Effects of Collective Agreements
- 6.11The Right to Strike and Recourse to a Lock-Out
- 6.12Definition of a Strike and Lockout
- 6.13Strikes
- 6.14Lockouts
- 6.15Substantive Limitations to the Right to Strike: Part 1
- 6.16Substantive Limitations to the Right to Strike: Part 2
- 6.17The Concept of the “Protected Strike or Lock-Out”
- 6.18Protection and Indemnity During a Strike or Lockout
- 6.19Unprotected Industrial Action
- 6.20Procedural Limitations for a Protected Strike or Lock-Out
- 6.21The Secondary Strike
- 6.22Picketing
- 6.23Protest Action
- 6.24Bargaining Councils
- 6.25Statutory Councils
- 6.26Workplace Forums
- Unit 7: Individual Contract of Employment2
- Unit 8: Basic Conditions of Employment Act14
- 8.1Protective Legislation
- 8.2Application of the Act
- 8.3Basic Guide to Working Hours
- 8.4Basic Guide to Overtime
- 8.5Basic Guide to Working on Sundays and Public Holidays
- 8.6Basic Guide to Annual Leave
- 8.7Basic Guide to Sick Leave and Family Responsibility Leave
- 8.8Basic Guide to Maternity Leave and Related Leave
- 8.9Basic Guide to Employment Contracts
- 8.10Basic Guide to Payslips
- 8.11Basic Guide to Deductions
- 8.12Basic Guide to Child Labour
- 8.13Basic Guide to Termination
- 8.14Basic Guide to Employee Records
- Unit 9: Grievances4
Requirements
- Grade 10