Accordingly, wage is the money payable or paid to an employee for ordinary hours of work, as agreed between employer and employee. Labour law protects workers against exploitation by employers and non-payment of wages. According to the Act, the wages can be calculated on a monthly, weekly, daily, or hourly basis and payment must be done within seven days after the specific wage period has been completed.
Before referring a dispute to the CCMA: Parties need to attempt to settle the dispute on their own by following and completing all internal company procedures aimed at resolving workplace disputes; Ensure that all the legal requirements are met; Parties are also encouraged to determine the strengths of the case before referring the dispute to the CCMA if it is a dismissal dispute, to avoid referring cases that have no strengths.
This can be done by discussing the matter with a union official or asking a university law clinic for advice; Consider whether the dispute falls under the CCMA's jurisdiction and refer it appropriately. If it is a dismissal dispute, make sure you complete the required forms and refer your dispute to the CCMA for conciliation within 30 days of the date of dismissal or, if it is a later date, within 30 days of the employer finally deciding to dismiss you or uphold your dismissal.
If Labour law in south africa is an unfair labour practice dispute, refer your dispute to the CCMA within 90 days of the unfair labour practice or within 90 days of you becoming aware of what you believe is an unfair labour practice.
The 30 or 90 days are calculated by counting all days, including weekends and public holidays. Ensure that you refer your case in time. You may ask your nearest CCMA office or employers' organisation to help you complete the form.
How to serve and file the CCMA referral form: The completed CCMA referral form must first be sent to the other party. This can be done by handing a copy of the form to the other party; by faxing the form to the other party; or by sending a copy of the form to the address of the other party by registered mail.
When filing the referral form with the CCMA, proof that you have sent the form to the other party must be attached. This proof can consist of a copy of the receipt signed by or on behalf of the other party, which must include the name and title of the person who received the form and the place, time and date of receipt if it was hand delivered.
When the notice is faxed a copy of the fax transmission report showing that all the pages of the form were faxed to the other party can be used. If sent by registered post a copy of the registered mail slip is sufficient proof. On receipt of the case the CCMA will schedule a hearing date and both parties will be advised of the hearing date in writing.
The CCMA can be contacted on or ho ccma. Employee Rights Did you know that as an employee you have rights?
We are all aware or should be aware of the common law rights such as the right to be treated with dignity and respect, the right not to be unfairly dismissed, the right not to be victimised and the right not to be unfairly discriminated against.
But what about those rights that are entrenched in law? Just in case you don't know, section 78 of the BCEA reads as follows: The Basic Conditions of Employment Act goes further in section 79 to afford certain protection to employees in exercising of their rights.South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin).
[g] request a trade union representative order a Labour inspector to inspect any record in terms of this act and that relates to the employment of that employee.
 every trade union representative has the right, at the request of an employee, to inspect any record kept in terms of this act that relates to the employment of that employee.
Law Firms in South Africa is a blog that covers various law firms topics in South Africa and regionally as well such as Johannesburg, Pretoria, Cape Town.
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT CAPE TOWN CASE NO C37/97 In the matter between: MICHAEL LOUW Applicant and GOLDEN ARROW . Without an employment relationship between the parties, the rules of labour law do not apply.
The origin of South Africa's modern contract of employment lie in Roman law, where a distinction was made between the two types of contracts discussed above: locatio . Regulations on Hazardous Work by Children in South Africa Important The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the Labour Manual.