Labour Relations Act

Despite the fact that the Labour Relations Act commenced on 11 November 1996, Employers are still getting things wrong!

The most common query that we get asked is "who is an Employee?". Neither the Basic Conditions of Employment Act of 1997 nor the Labour Relations Act apply to members of the National Defence Force, National Intelligence Agency, South African Secret Service, South African National Academy of Intelligence or unpaid volunteers working for a charitable organisation. They apply to everyone else who works for 24 hours a week or more.The Labour Relations Act gives employees protection insofar as collective bargaining, employment & dismissals, amongst others are concerned.

The Basic Conditions of Employment Act is often overlooked but is in itself an incredibly important act. Should an employee not have a written contract of employment, the Basic Conditions of Employment Act provides the basic conditions under which that employee may be employed. Basic conditions are just that, your most basic or the lowest conditions that an employee may be employed under. One would hope that employers would strive to offer better conditions of employment than the bare minimum, but where a contract of employment does not even exist, the Act would apply & ensure that minimum standards are set.

In general, the Basic Conditions of Employment Act applies to anybody who works for more than 24 hours in a week, even temporary employees. The Act defines working times, overtime & the pay therefore, together with payment for work on Sundays & public holidays. The Act sets out the leave that is relevant to an employee, being 21 consecutive days annual leave, which calculates out at 1 day for every 17 days worked. In addition, sick leave is granted at 6 weeks paid sick leave in a period of 36 months, which equates to 1 days paid sick leave for every 26 days worked during the first 6 months.

Maternity leave is also covered by the Basic Conditions of Employment Act, allowing an employee 4 consecutive months maternity leave & the employer has to, during those 4 months, keep the employee's position open. Family responsibility leave is also set out in the Basic Conditions of Employment Act with full time employees being entitled to 3 days paid family responsibility leave per year when the employee's child is born or sick, or in the event of the death of an employee's spouse or life partner or the employee's parent, grandparent, child, adopted child, grandchild or sibling. Family responsibility leave does not extend to extended family.

Over the last few days COSATU have been holding stay aways & we have had many queries from employers as to what they should do with those employees who do not arrive at work. Although one can be sympathetic with these employees as they are unable to obtain transport to & from work because the taxi's, for example, were not operating, the law is explicit & simple, no work no pay.

The guidelines we have given to employers have been either to adopt a hard line approach & say no work no pay & accordingly not pay employees for those days that they are unable to attend at work, or alternatively to deduct those days not worked from the employee's leave. It would also be possible for an employee to work back the hours not worked & so not lose out on either pay or leave.The method you adopt would really depend on your organisation & on the precedent which has been set in the past, or is about to be set by what action you take now.

Should any employers or employees require any further information, or require assistance at the Commission for Conciliation Mediation or Arbitration, they need not hesitate to contact these offices for assistance.

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