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
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
- 9 Sections
- 116 Lessons
- 3 Days
- UNIT 1: Employment Conditions22
- 1.0Introduction
- 1.1Contracts From the Perspective of the Employee
- 1.2Contracts from the Perspective of the Employer
- 1.3Law of Contracts in a Nutshell
- 1.4What is a Contract?
- 1.5Basics of Contracts
- 1.6Employment Contract
- 1.7Parties to the Employment Contract
- 1.8Defining the Employee as a Party to the Employment Relationship
- 1.9Application to Recent Labour Disputes within the CCMA
- 1.10Defining the Employer as a Party to the Employment Relationship
- 1.11Statutory Exclusions
- 1.12Employment Conditions
- 1.13Categories of Employment
- 1.14The Importance of the Employment Contract and Other Types of Contracts
- 1.15Organisational Sources of Employment and Sources of Labour Law
- 1.16The Constitution of South Africa, Act 108 of 1996
- 1.17The Bill of Rights
- 1.18Consequences of the Employment Contract: Employee’s Duties
- 1.19Consequences of the Employment Contract: Employer’s Duties
- 1.20Doctrine of Vicarious Liability
- 1.21Organisational Conditions
- Unit 2: The Purpose and Application of the Basic Conditions of Employment Act17
- 2.0Introduction
- 2.1Basic Conditions of Employment
- 2.2Prohibition of Employment
- 2.3Variation of the Conditions of Employment
- 2.4Employment Conditions Commission
- 2.5Sectoral Determinations
- 2.6Regulation of working time
- 2.7Leave
- 2.8Parental Leave and Leave Relating to Family
- 2.9Particulars of Employment Part 1
- 2.10Particulars of Employment Part 2
- 2.11Monitoring, Enforcement and Legal Proceedings of the BCEA
- 2.12Protection of Employees against Discrimination
- 2.13Legal Proceedings – Dispute Resolution
- 2.14General Provisions of the BCEA
- 2.15Codes of Good Practice
- 2.16Penalties
- Unit 3: Drafting the Employment Contract12
- 3.0Introduction
- 3.1Drafting of the Employment Contract
- 3.2Statutory Information
- 3.3Essentialia of the Employment Contracts
- 3.4Express, Incorporated, and Implied Terms
- 3.5Exceptional Employment Conditions
- 3.6Confidentiality Clauses
- 3.7Restraint of Trade
- 3.8Clear and Unambiguous Contractual Interpretations
- 3.9Legal Interpretation Based on the Wording of the Contract
- 3.10Signatory
- 3.11Sample of an Employment Contract
- Unit 4: Introduction to Labour Law3
- Unit 5: Individual Labour Law16
- 5.0Introduction
- 5.1Definition of an Employee
- 5.2Exclusions from the Labour Relations Act
- 5.3The Meaning of Dismissal
- 5.4The Fairness of the Dismissal: Automatic Unfair Dismissal
- 5.5Other Unfair Dismissals and Burden of Proof
- 5.6Code of Good Practice: Dismissal (Schedule 8)
- 5.7Incapacity: Poor Work Performance
- 5.8Incapacity: Ill Health or Injury
- 5.9Dismissals Based on Operational Requirements
- 5.10Severance Pay
- 5.11Date of Dismissal
- 5.12Disputes about Unfair Dismissal
- 5.13Remedies for Unfair Dismissal
- 5.14Unfair Labour Practices Part 1
- 5.15Unfair Labour Practices Part 2
- Unit 6: Collective Labour Law26
- 6.0Collective Bargaining
- 6.1Refusal to Bargain
- 6.2Freedom of Association
- 6.3Shop Agreements
- 6.4Organisational Rights
- 6.5Levels of Representivity
- 6.6The Workplace
- 6.7Organisational Rights of Trade Unions
- 6.8Collective Agreements
- 6.9Legal Effects of Collective Agreements
- 6.10The Right to Strike and Recourse to a Lock-Out
- 6.11Definition of a Strike and Lockout
- 6.12Strikes
- 6.13Lockouts
- 6.14Substantive Limitations to the Right to Strike: Part 1
- 6.15Substantive Limitations to the Right to Strike: Part 2
- 6.16The Concept of the “Protected Strike or Lock-Out”
- 6.17Protection and Indemnity During a Strike or Lockout
- 6.18Unprotected Industrial Action
- 6.19Procedural Limitations for a Protected Strike or Lock-Out
- 6.20The Secondary Strike
- 6.21Picketing
- 6.22Protest Action
- 6.23Bargaining Councils
- 6.24Statutory Councils
- 6.25Workplace Forums
- Unit 7: Individual Contract of Employment2
- Unit 8: Basic Conditions of Employment Act14
- 8.0Protective Legislation
- 8.1Application of the Act
- 8.2Basic Guide to Working Hours
- 8.3Basic Guide to Overtime
- 8.4Basic Guide to Working on Sundays and Public Holidays
- 8.5Basic Guide to Annual Leave
- 8.6Basic Guide to Sick Leave and Family Responsibility Leave
- 8.7Basic Guide to Maternity Leave and Related Leave
- 8.8Basic Guide to Employment Contracts
- 8.9Basic Guide to Payslips
- 8.10Basic Guide to Deductions
- 8.11Basic Guide to Child Labour
- 8.12Basic Guide to Termination
- 8.13Basic Guide to Employee Records
- Unit 9: Grievances4
Requirements
- Grade 10