SA Labour and Employment Law Documents
At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications.
Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.
From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.
For more information you can contact Labour Smart at 012 345 2955
| Title | Description | Type | Price | |
|---|---|---|---|---|
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Conducting Arbitrations in the CCMA and Bargaining Councils Category CCMA and B/councils |
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. | Publication | R 330.00 | Preview |
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Automatic Unfair Dismissals Category Dismissal |
A dismissal is automatically unfair in terms of section 187 of the LRA if the employer dismisses an employee for reasons relating to organisational rights or for reasons relating to unfair discrimination, participation in a protected strike or pregnancy. | Information Sheet | R 150.00 | Preview |
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Discussion paper - Recruitment and employment equity Category Employment Equity |
This publication deals with the recruitment process and employment equity. It considers the right of applicants not to be unfairly discriminated against, the right to privacy, medical testing, psychometric testing, affirmative action and managerial prerogative. | Information Sheet | R 450.00 | Preview |
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Disputes about unfair dismissals Category Dismissal |
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. | Information Sheet | R 285.00 | Preview |
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Promotion, a right or a privilege Category Unfair labour practices |
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. | Information Sheet | R 110.00 | Preview |
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Unfair dismissal Category Dismissal |
The code of good practice on dismissal is a vitally important document in the Labour Relations Act, which should be studied by any party referring or defending a dispute in the CCMA or a council relating to dismissal and incapacity cases. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. | Information Sheet | R 360.00 | Preview |
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Condonation Application - Unfair Labour Practice (CCMA) Category CCMA |
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute | Forms | FREE | Preview |
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Con-Arb CCMA Category CCMA |
Information sheet by the CCMA on Con-Arb - Section 191 now makes provision for the con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. (Mar 2002) | Forms | FREE | Preview |
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Unfair Labour Practice CCMA Category CCMA |
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. | Forms | FREE | Preview |
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Basic Guide to Unfair Discrimination Category Department of Labour |
Employers must remove unfair discrimination from their policies and practices. It is not unfair to discriminate when you apply affirmative action. | Forms | FREE | Preview |
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Basic Guide to Unfair Dismissal and Unfair Labour Practices Category Department of Labour |
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. | Forms | FREE | Preview |
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Unfair Discrimination Against Transsexuals Category Case Studies |
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. | Information Sheet | R 110.00 | Preview |
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Unfair Discrimination Against Transsexuals Category Case Studies |
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. | Template | R 125.00 | Preview |
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Equal pay for work of equal value Category Employment Equity |
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. | Information Sheet | R 130.00 | Preview |
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Equal pay for work of equal value Category Employment Equity |
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. | Template | R 145.00 | Preview |
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Amendments to Labour legislation Category Amendment acts |
Summary of the latest amendments to the labour legislation of 2014, discussing the amendments to the LRA, BCEA, EEA and the Employment Conditions Bill. | Publication | R 240.00 | Preview |
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Conducting Arbitrations in the CCMA and Bargaining Councils Category CCMA and B/councils |
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. | Publication | R 330.00 | Preview |
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Introduction to basic labour relations Category Basic Conditions of Employment |
An introduction to the Labour Relations Act No 66 of 1995 (as amended) as well as the Basic Conditions of Employment Act no 75 of 1997 and an explanation of the duties; obligations and content of rights in the workplace. | Publication | R 250.00 | Preview |
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BCEA Forms available from the DoL website Category Department of Labour |
A list of BCEA forms available from the Department of Labour website (also available from the LabourSmart website) | Information Sheet | FREE | Preview |
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Confirmationary affidavit Category CCMA and B/councils |
A confirmatory affidavit is needed when a person is mentioned in the primary affidavit. The cautionary rules of evidence prescribe that without an affidavit confirming the correctness of what is averred in the primary application, the evidence is hearsay and inadmissible. A confirmatory affidavit only serves to confirm the details in so far as they relate to that person. | Information Sheet | R 95.00 | Preview |
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Confirmationary affidavit Category CCMA and B/councils |
A confirmatory affidavit serves to confirm the version stated in the main application in so far as it relates to the person confirming. | Template | R 240.00 | Preview |
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Disputes about unfair dismissals Category Dismissal |
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. | Information Sheet | R 285.00 | Preview |
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Example of Index Category CCMA and B/councils |
An example of an index to be used in compilation of bundles of evidence and documents exchanged. | Information Sheet | R 110.00 | Preview |
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Example of Index Category CCMA and B/councils |
Template of an index to be used in proceedings. | Template | R 150.00 | Preview |
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Grievance form Category Grievances |
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. | Information Sheet | R 70.00 | Preview |
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Labour inspectors Category Labour related legislation |
Labour inspectors must advise employees and employers on their rights and obligations in terms of employment laws. They conduct inspections, investigate complaints and may question persons and inspect, copy and remove records and other relevant documents. | Information Sheet | R 70.00 | Preview |
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Promotion, a right or a privilege Category Unfair labour practices |
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. | Information Sheet | R 110.00 | Preview |
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EEA 5 - Written Undertaking Category Department of Labour |
The purpose of this form is to obtain a written undertaking from the employer in terms of Section 36 to comply with the requirements of the Employment Equity Act, 55 of 1998, as amended. An employer, assisted by a labour inspector completes this form. | Forms | FREE | Preview |
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EEA 6 Form - Compliance Order Category Department of Labour |
This form is used to issue a compliance order to an employer who has failed to comply with sections 16, 17, 19, 22, 24, 25 or 26 of the Employment Equity Act, 55 of 1998, as amended. Failure to comply with this compliance order may result in the Director-General applying to the Labour Court, to make this compliance order an order of the Labour Court. A labour inspector fills in this form and the form goes to the employer. | Forms | FREE | Preview |
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LRA 3.13 Form - Referring public service jurisdictional disputes for arbitration Category CCMA |
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. | Forms | FREE | Preview |
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Form LRA3.1 - Conscientious objector requests agency fee to be paid to Department Category Department of Labour |
THE PURPOSE OF THIS FORM - This form requests an employer to pay an amount deducted from a conscientious objector’s wage into a fund administered by the Department of Labour. The employee who is a conscientious objector fills in this form. | Forms | FREE | Preview |
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Form LRA3.2 - Referring public service jurisdictional disputes for arbitration Category CCMA |
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. | Forms | FREE | Preview |
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Form LRA3.8 - Council requests appointment of designated agent Category Department of Labour |
THE PURPOSE OF THIS FORM - This form requests the Minister to appoint an agent to help the Council enforce its collective agreements. The Secretary of the Bargaining Council fills in this form. | Forms | FREE | Preview |
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Form LRA3.11 - Amalgamating bargaining council applies for registration Category Department of Labour |
THE PURPOSE OF THIS FORM - This form is an application by Bargaining Councils who wish to amalgamate (to join together) to apply for registration. After registration of the new Council the Registrar cancels each of the separate Bargaining Council's registration. The Secretary of the amalgamating Bargaining Councils fills in this form. | Forms | FREE | Preview |
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Form LRA3.15 - Employers' organisation applies for establishment of a statutory council Category Department of Labour |
THE PURPOSE OF THIS FORM - This form is an application by a representative employers' organisation which wants to establish a statutory council. A representative employers' organisation means a registered employers' organisation, or two or more registered employers' organisations acting jointly, whose combined employees constitute at least 30% of the employees in a sector and area. There can be no other council registered for that sector or area. The Secretary of the employers' organisation fills in this form. | Forms | FREE | Preview |
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Form LRA3.17 - Submission of collective agreement of statutory council to minister for promulgation as a determination Category Department of Labour |
THE PURPOSE OF THIS FORM - A statutory council that is not sufficiently representative within its registered scope may submit a collective agreement as a recommendation to the Minister for promulgation as a determination under the Basic Conditions of Employment Act, 1997. The Secretary of a statutory council fills in this form. | Forms | FREE | Preview |
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Condonation Application - Unfair Labour Practice (CCMA) Category CCMA |
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute | Forms | FREE | Preview |
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Unfair Labour Practice CCMA Category CCMA |
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. | Forms | FREE | Preview |
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Education Labour Relations Council Category Bargaining councils |
Information sheet on the Education Labour Relations Council by LabourSmart - Basic information and contact details. | Forms | FREE | Preview |
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Form UI 19 - Employers Declaration of Employees Category UIF |
Form UI 19 - Employers Declaration of Employees - Information to be supplied in terms of Section 56(1&3) read with Regulation 13(1&2) | Forms | FREE | Preview |
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Basic Guide to Child Labour Category Department of Labour |
In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts. Children aged 15 to 18 may not be employed to do inappropriate work. | Forms | FREE | Preview |
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Basic Guide to Unfair Dismissal and Unfair Labour Practices Category Department of Labour |
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. | Forms | FREE | Preview |
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Checklist Section 197 of Labour Relations Act Category Transfer of business |
Section 197 of the LRA must be strictly adhered to . This is a handy checklist to be used for the sale or transfer of any business, trade, undertaking or service or any part thereof, as a going concern to ensure compliance with the LRA. | Information Sheet | R 225.00 | Preview |
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The labour broker, the employee and the client Category Employment agreements |
A consideration of the rights of a Labour Broker's employee, the role of the client of the Labour Broker and the actual Labour broker in light of a discussion through case law. | Articles | FREE | Preview |
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Labour Relations Act Amended 2014 Category Department of Labour |
The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace. (2014) | Forms | FREE | Preview |
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New CCMA Rules 2015 Category CCMA |
The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages) | Information Sheet | FREE | Preview |
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Amended Labour Relations Act - pdf Category Department of Labour |
The Labour Relations Act (by The Department of Labour) No. 66 of 1995: as amended by Labour Relations Amendment Act, No 42 of 1996, Proclamation, No 66 of 1996, Labour Relations Amendment Act, No 127 of 1998, Labour Relations Amendment Act, No 12 of 2002. | Information Sheet | FREE | Preview |
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Conducting Arbitrations in the CCMA and Bargaining Councils Category CCMA and B/councils |
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. | Publication | R 330.00 | Preview |
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Code of conduct expanded public works Category Codes of good practice |
The Code of Good Practice for Employment and Conditions of Work for Expanded Public Works Programmes. Published in terms of section 87(2) of the Basic Conditions of Employment Act No 75 of 1997. | Forms | FREE | Preview |
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Code of conduct on regulation of work time Category Codes of good practice |
The Code of Good Practice on the Arrangement of Working Time published in terms of section 87(1)(a) of the Basic Conditions of Employment Act No 75 of 1997. | Forms | FREE | Preview |
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Code of Good Practice Basic Conditions of Employment and Pregnancy GG Category Codes of good practice |
A code of good practice promulgated in terms of section 87(1)(b) of the BCEA dealing with the protection of female employees during pregnancy and after birth. | Information Sheet | FREE | Preview |
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Grievance form Category Grievances |
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. | Information Sheet | R 70.00 | Preview |
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Promotion, a right or a privilege Category Unfair labour practices |
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. | Information Sheet | R 110.00 | Preview |
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Schedule 8 of the LRA Category Codes of good practice |
The code of good practice on dismissal is a code which provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. | Information Sheet | R 255.00 | Preview |
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Condonation Application - Unfair Labour Practice (CCMA) Category CCMA |
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute | Forms | FREE | Preview |
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Code of Good Practice - Disability in the workplace Category Department of Labour |
Code of good practice on key aspects of disability in the workplace. | Forms | FREE | Preview |
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Code of Good Practice - Dismissals Category Department of Labour |
Code of Good Practice on Dismissals - This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. | Forms | FREE | Preview |
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Code of Good Practice - Operational Requirements Category Department of Labour |
Code of Good Practice on Operational Requirements - This Act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. | Forms | FREE | Preview |
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Code of Good Practice - Picketing Category Department of Labour |
Code of Good Practice on Picketing - This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out. | Forms | FREE | Preview |
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Code of Good Practice - Sexual harassment Category Department of Labour |
Code of Good Practice on Sexual harassment - The objective of this code is to eliminate sexual harassment in the workplace. | Forms | FREE | Preview |
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Code of Good Practice - Pregnancy / Afterbirth Category Department of Labour |
The Code of Good Practice on Pregnancy and Afterbirth assists employers to know the rights and duties in the accommodation and treatment of pregnant employees; as well as to assist employees to know their rights. | Forms | FREE | Preview |
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Code of Good Practice - HIV / AIDS and employment Category Department of Labour |
Code of good practice on key aspects of HIV / AIDS and employment | Forms | FREE | Preview |
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Code of Good Practice on the Arrangement of Working Time Category Department of Labour |
Code of good practice on the arrangement of working time | Forms | FREE | Preview |
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Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices - Part 1 Category Department of Labour |
Code of Good Practice - The integration of employment equity into human resource policies practices - Part 1 | Forms | FREE | Preview |
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Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices - Part 2 Category Department of Labour |
Code of Good Practice - The integration of employment equity into human resource policies practices - Part 2 | Forms | FREE | Preview |
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Code of Good Practice on the Integration of Employment Equity into Human Resources Policies Category Department of Labour |
Code of Good Practice - The integration of employment equity into human resources policies | Forms | FREE | Preview |
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Unfair Labour Practice CCMA Category CCMA |
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. | Forms | FREE | Preview |
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Basic Guide to Unfair Discrimination Category Department of Labour |
Employers must remove unfair discrimination from their policies and practices. It is not unfair to discriminate when you apply affirmative action. | Forms | FREE | Preview |
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Basic Guide to Unfair Dismissal and Unfair Labour Practices Category Department of Labour |
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. | Forms | FREE | Preview |
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The Employment Equity Act, No. 55 of 1998 & The Employment Equity Amendment Act 47 of 2013 - Practical Overview Category Employment Equity |
The Employment Equity Act, No. 55 of 1998 (EEA) deals with rights which are protected in our Constitution. Chapter 2 of the Bill of Rights, as contained in the Constitution of South Africa, enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom. The EEA affirms the rights of employees to equity and fairness in the work place. | Publication | R 220.00 | Preview |
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Email: moreinfo@laboursmart.co.za
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