Page 55 - Nexia SAB&T Business in South Africa Guide 2024

EMPLOYMENT LAW

Employment in SA is regulated by statute, common law and contract. SA
employment law applies to employees working in SA. In most instances, where
an employee performs work in SA and is paid there, SA law will apply.
Sources of Labour Law In South Africa
Basic Conditions of Employment Act, 75 of 1997 (BCEA)
Imposes minimum conditions of employment for employees, mainly in relation to
working hours, leave, the prohibition of child and forced labour, the payment of
remuneration and notice and payments on termination of employment. Start-ups may
be exempt for up to 12 months from the national minimum wage.
Labour Relations Act, 66 of 1995 (LRA)
Governs all employers and employees in SA except for those excluded.
Grants employees protection against unfair dismissal and unfair labour practices.
Encourages collective bargaining and settlement of disputes, codifies guidelines re
Trade Unions, bargaining councils and the Commission for Conciliation Mediation and
Arbitration (CCMA).
The Occupational Health and Safety Act, 85 of 1993 (OHSA)
Imposes a general duty on employers to ensure that a reasonably safe and healthy
environment is provided to workers and to provide protective equipment.
Skills Development Act, 97 of 1998 (SDA)
SETA’s (Sector Education and Training Authorities) are established for sectors to
establish “learnerships”, approve workplace skills plans, allocate grants, monitor
education and training, to collect and disburse SDL levies, (training is financed by a
levy equivalent of 1% of each employer’s payroll).
The Compensation for Occupational Injuries and Diseases Act, 130 of
1993 (COIDA)
Ensures that employees and their dependants who have suffered injury, illness or
death occurring in the workplace and during the course of the employee’s duties are
compensated (excluding policemen, soldiers, domestic and contract workers).

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