Principles and Practice of Labour Law
Principles and Practice of Labour Law outlines the basic principles underlying South African labour law through a discussion of court decisions and legislation.
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Product description
Principles and Practice of Labour Law outlines the basic principles underlying South African labour law through a discussion of court decisions and legislation.
It investigates both the theory and practice of labour law and contains a comprehensive examination of the labour dispensation as provided for in the Labour Relations Act 66 of 1995, Basic Conditions of Employment Act 75 of 1997 and Employment Equity Act 55 of 1998.
Available in print (looseleaf) and online format. Print includes updates for 12 months, thereafter updates are billed annually in advance. Online format must be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
Table of contents
Development and organisation of labour law
General Introduction
Historical Development of Labour Law
Labour Administration and Development in South Africa
Labour Organisation at International Level
Nature and application of labour law
Introduction
Meaning of Labour Law
Nature of Labour Law
Purpose and Application of Labour Relations Act
Effect of Collective Labour Provisions on Contracts
Introduction to contract of employment
Introduction
Definition of Basic Concepts
Essentials of Contract of Employment
Contracts of Employment distinguished from Related Contracts
Duties of employers
Introduction
Duties in terms of Labour Legislation
Enrolment and Provision of Agreed Work
Payment of Agreed Remuneration
Provision of Leave
Liability of Employer in respect of Third Parties
Provision of Safe Working Conditions
Other Duties of Employers
Remedies of Employees
Duties of employees
Introduction
Rendering of Services
Duty of Good Faith
Competition with Employer
Misconduct by Employee (Duty not to Misbehave)
Remedies of the Employer
Termination of contract of employment
Introduction
By Agreement
Impossibility of Performance
Insolvency
Other Cases of Termination of Services
Consequences of Termination of Contract of Employment
Introduction to collective labour law
Introduction
Historical Development of Collective Labour Law
Statutory Provisions regarding Collective Labour Law
Objects of the Labour Relations Act
Trade unions
Introduction
Right to Associate
Right to Organise and Organisational Rights of Trade Unions
Registration of Trade Unions
Constitutions of Trade Unions
Trade Union Membership
Control and Administration of Trade Unions
Employers' Organisations
Federations of Trade Unions and Employers' Organisations
Bargaining councils and other bargaining bodies
Introduction
Role and Functions of Bargaining Councils
Establishment and Registration of Bargaining Councils
Constitution of Bargaining Councils
Collective Agreements concluded by Bargaining Councils
Statutory Councils
General Provisions regarding Bargaining and Statutory Councils
Bargaining Councils in Public Service
Workplace Forums
Collective bargaining
Introduction
Concept of Collective Bargaining
Right to Collective Bargaining
Requirements for Collective Bargaining
Collective Agreements
Basic Conditions of Employment Act
Introduction
Application and Basic Concepts
Regulating Working Time
Leave
Particulars of Employment and Remuneration
Termination of Employment
Prohibition on Employment of Children and Forced Labour
Variation of Basic Conditions of Employment
Sectoral Determinations
Employment Conditions Commission
Monitoring and Enforcement of Act
Miscellaneous Matters
Employment Equity Act
Introduction
Terminology and Application of Act
Prohibition of Unfair Discrimination
Affirmative Action
Monitoring and Enforcement of Act
Legal Proceedings
Commission for Employment Equity
Protection of Employee Rights
Miscellaneous Provisions
Unfair labour practices
Introduction
[Un]fair Labour Practices in terms of the Constitution
Unfair Labour Practices in terms of the LRA
Specific Cases of Unfair Labour Practices
Procedures and Remedies
Unfair dismissal of employees
Introduction
Requirements for Fair Dismissal
Specific Cases of Dismissal
External Procedures regarding Unfair Dismissal Disputes
Dismissal based on operational requirements (retrenchment)
Introduction
Substantive Fairness
Procedural Fairness
Rights of Retrenched Employees
Major Retrenchments (Retrenchments by Employers with
Procedures and Remedies regarding Retrenchment Disputes
Transfer of contracts of employment (section 197)
Introduction
Application of Section 197
Definition of Key Concepts
Requirements and Consequences of the Transfer of a Business
Transfer of Contracts of Employment in the case of Insolvency
Relocation of Business
Collective labour disputes
Introduction
Strikes and Lock-outs: Introduction
Requirements for Protected Strikes and Lock-outs
Consequences of Strikes and Lock-outs
Essential and Maintenance Services
Dismissal of Striking Employees
Secondary Strikes
Picketing
Protest Action by Employees
Other Cases of Collective Action
Conciliation, mediation and arbitration
Introduction
Dispute Settlement through Bargaining and Statutory Councils
The Commission for Conciliation, Mediation and Arbitration
Adjudication of labour disputes
Introduction
Labour Court
Labour Appeal Court
Miscellaneous Provisions applicable to Labour Courts
Rules of Court
Public sector employment: general framework and principles
Introduction
Constitutional Framework
Statutory Framework
Administrative Law Framework
Establishment of a Senior Management Service
Special categories of civil servants: security services and public education
Introduction
The South African Police Service
The South African National Defence Force
Public Education
Labour Relations Act 66 of 1995 (Selected Provisions)
Rules and Regulations issued in terms of Labour Relations
Employment Equity Act 55 of 1998
Codes of Good Practice
Public Service Act, 1994 (Proclamation 103 of 1994)
Protected Disclosures Act 26 of 2000
Municipal Services Employment: General Framework and Principles
