Labour Law and Basic Conditions of Employment
Gain a clear understanding of labour law and the Basic Conditions of Employment Act 75 of 1997 to ensure fair, legal, and compliant workplace practices.
What is this course about?
This course provides an introduction to South African labour law, with a strong focus on the Basic Conditions of Employment Act 75 of 1997. Learners will explore the rights and responsibilities of both employers and employees, including working hours, leave, remuneration, termination procedures, and compliance requirements. The course offers practical examples and guidance to promote lawful and ethical practices in the workplace.
Why take this course on labour law?
Understanding the legal framework governing the workplace is essential for both employers and employees. This course will help you navigate workplace regulations, prevent disputes, and ensure compliance with labour standards that promote fairness and equity.
What you will gain from this course:
- Understand the key provisions of the Basic Conditions of Employment Act
- Identify employer and employee rights and responsibilities
- Promote fair labour practices in your organisation
- Apply labour law principles to everyday workplace situations
- Strengthen your ability to handle workplace disputes lawfully
Description
This online course introduces South African labour law and the Basic Conditions of Employment Act. Understand the legal rights of workers, employer responsibilities, and workplace standards to promote fairness and compliance in professional environments.
Course Content
- Introductions
- Contracts from the Perspective of the Employee,
- Contracts from the Perspective of the Employer,
- Law of Contracts in a Nutshell,
- What is a Contract?,
- Basis of Contracts,
- Employment Contract,
- Parties to the Employment Contract,
- Defining the Employee as a Party to the Employment Relationship,
- Application to Recent Labour Disputes Within the CCMA,
- Defining the Employer as a Party to the Employment Relationship,
- Statutory Exclusions,
- Employment Conditions,
- Categories of Employment,
- The Importance of Employment,
- Contracts and Other Types of Contracts,
- Organisational Sources of Employment and Sources of Labour Law,
- The Constitution of South Africa, Act 108 of 1996,
- The Bill of Rights,
- Consequences of the Employment Contract: Employee’s Duties,
- Consequences of the Employment Contract: Employer’s Duties,
- Doctrine of Vicarious Liability Organisational Conditions
- Introduction
- Basic Conditions of Employment
- Prohibition of Employment
- Variation of the Conditions of Employment
- Employment Conditions Commission
- Sectoral Determinations
- Regulation of Working Time
- Leave
- Parental Leave and Leave Relating to Family
- Particulars of Employment Part 1
- Particulars of Employment Part 2
- Monitoring, Enforcement and Legal Proceedings of the BCEA
- Protection of Employees against Discrimination
- Legal Proceedings – Dispute Resolution
- General Provisions of the BCEA
- Code of Good Practice
- Penalties
- Introduction
- Drafting of the Employment Contract
- Statutory Information
- Essentialia of the Employment Contracts
- Express, Incorporated, and Implied Terms
- Exceptional Employment Conditions
- Confidentiality Clauses
- Restraint of Trade
- Clear and Unambiguous Contractual Interpretations
- Legal Interpretation Based on the Wording of the Contract
- Signatory
- Sample of an Employment Contract
- The Labour Relationship
- Power Realities of the Labour Relationship
- Legislation
- Introduction
- Definition of an Employee
- Exclusions from the Labour Relations Act
- The Meaning of Dismissal
- The Fairness of the Dismissal: Automatic Unfair Dismissal
- Other Unfair Dismissals and Burden of Proof
- Code of Good Practice: Dismissal (Schedule 8)
- Incapacity: Poor Work Performance
- Incapacity: Ill Health or Injury
- Dismissals Based on Operational Requirements
- Severance Pay
- Date of Dismissal
- Disputes about Unfair Dismissal
- Remedies for Unfair Dismissal
- Unfair Labour Practices Part 1
- Unfair Labour Practices Part 2
- Collective Bargaining
- Refusal to Bargain
- Freedom of Association
- Shop Agreements
- Organisational Rights
- Levels of Representivity
- The Workplace
- Organisational Rights of Trade Unions
- Collective Agreements
- Legal Effects of Collective Agreements
- The Right to Strike and Recourse to a Lock-Out
- Definition of a Strike and Lockout
- Strikes
- Lockouts
- Substantive Limitations to the Right to Strike: Part 1
- Substantive Limitations to the Right to Strike: Part 2
- The Concept of the “Protected Strike or Lock-Out”
- Protection and Indemnity During a Strike or Lockout
- Unprotected Industrial Action
- Procedural Limitations for a Protected Strike or Lock-Out
- The Secondary Strike
- Picketing
- Protest Action
- Bargaining Councils
- Statutory Councils
- Workplace Forums
- Introduction
- Requirements for a Binding Contract
- Protective Legislation
- Application of the Act
- Basic Guide to Working Hours
- Basic Guide to Overtime
- Basic Guide to Working on Sundays and Public Holidays
- Basic Guide to Annual Leave
- Basic Guide to Sick Leave and Family Responsibility Leave
- Basic Guide to Maternity Leave and Related Leave
- Basic Guide to Employment Contracts
- Basic Guide to Payslips
- Basic Guide to Deductions
- Basic Guide to Child Labour
- Basic Guide to Termination
- Basic Guide to Employee Records
- Dealing with Grievances
- The Grievance Procedure
- Stages in the Grievance Procedure
- Guidelines for Holding a Grievance Interview
- Non-accredited: Short course only
- Duration: 1h 30m
- Delivery: Classroom/Online/Blended
- Access Period: 12 Months
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