Basic Labour Relations – The LRA and BCEA

Module 1 : Sources of the labour Law

• Different legislation and the Constitution
• Judicial Precedent
• Common law
• Customary law
• Codes of good practice

Module 2 : Shortcomings of the common law

Module 3 : The Employment Contact

• Essentialia of an employment contract
• Definition of an employee
• Duties of the employer and the employee
• Vicarious liability

Module 4 : The Labour Relations Act 66 of 1995

• Employee rights
  - The right to strike and unprocedural industrial action
  - Organisational rights
• Discipline and dismissal
• Schedule 8 of the LRA
  - Probation
  - Incapacity due to poor performance
  - Incapacity due to ill health

Module 5 : Resignations

• Right to resign
• Resignations in writing
• Can an employer withdraw resignation
• Defining resignation
• Cell phone messages

Module 6 : The Basic Conditions of Employment Act 75 of 1995

• The purpose of the BCEA  - sec 2
• BCEA threshold earnings
• Employee v independent contractor
• Regulation of work time
• Exclusions to regulation of work time
• Working hours
• Overtime
• Rest periods
• Sunday work, night work, and public holidays
• Leave and sick leave
  - Sick notes, absenteeism and abuse of sick leave
  - Proof of incapacity – sick notes
• Termination of services
• Deduction of pay
• General conditions