Workers’ rights

What is in this guide?

This guide provides government policy on environmental health and safety. It has the following sections:

1. Basic Conditions of Employment Act No 75 of 1997 (BCEA)
2. Occupational Health and Safety Act No 85 of 1993
3. Labour Relations Act No 66 of 1995 (LRA)
4. Skills Developments Act No of 1998
5. Employment Equity Act No 55 of 1998
6. Unemployment Insurance Contributions Act No 63 of 2001
7. Compensation for Occupational Injuries and Diseases Act (COIDA) No 130 of 1993

The relationships between the state, employers and employees are governed by various labour laws which we discuss in brief below. For more detail read the paralegal manual:

1. Basic Conditions of Employment Act No 75 of 1997 (BCEA)

The Act it is in place to ensure that the working conditions of workers meet minimum standards.  The Act makes provisions for hours of work, overtime, leave, payment of remunerations and deductions and the termination of employment.  The Act also abolishes the employment of children and forced labour.

2. Occupational Health and Safety Act No 85 of 1993

The Act is designed to provide protection for employees and public from hazards to their health and safety. The Act provided for duties of both the employer and employee in creating a safe and healthy work environment. It requires that employers takes steps to ensure that machinery, work systems and plant are reasonably safe and without health risks. Employees are required to obey safety regulations.

3. Labour Relations Act No 66 of 1995 (LRA)

This Act governs the relationships between the employer and employee.

The Act provides for ways of settling disputes between employers and employees (CCMA, Labour Courts), allows for freedom of association (right to join trade unions), collective bargaining, strikes and lockouts and workplace forums.

4. Skills Developments Act No of 1998

This Act is in place to develop the skills of the South African workforce through increased levels of investment in education and training in the labour market.

All employers are required to pay a levy of 1% of their payroll to the Receiver Revenue in terms of Skills Development Levies. These moneys are used to develop and implement training programmes in the various employment sectors within the country. Some of the money is used for the training of people who are unemployed.

5. Employment Equity Act No 55 of 1998

This Act is designed to achieve equity in the workplace.  The Act is there to promote equal opportunity and eliminate discrimination in the workplace. It also provides for affirmative action to redress inequalities in the workplace created by apartheid. Companies are required to develop Employment Equity Plans that illustrates their strategies to provide opportunities for historically disadvantaged people and to eliminate discrimination within the company. 

6. Unemployment Insurance Contributions Act No 63 of 2001

This Act makes provisions for financial assistance to be distributed to contributors and their dependants that have lost their jobs through illness or staff reduction. It also provides cover for women who take leave during and after pregnancy where only part of the salary is received. The Act has now been extended to cover domestic and farm workers.

7. Compensation for Occupational Injuries and Diseases Act No 130 of 1993 (COIDA)

This Act provides for compensation to be paid to employees who as a result of their work activities have become, partially or fully disabled or contracts an occupational disease. Dependants of the employee who has died as a result of their injuries or disease arising out of their occupation may also claim.

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