Labour Law In South Africa

Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

p>Now in its second revised edition, Labour Law in Practice has helped numerous South African managers and business owners navigate their way safely through what sometimes seems to be an impenetrable maze of labour law and practice. Andrew Levy, arguably South Africa’s best-known labour resource, has over 50 years’ experience in the field, and has taught and trained thousands of students and managers. In Andrew’s opinion, labour relations are not difficult – it is really a matter of common sense and being able to judge an issue based on the facts. His teaching method is to reduce complex issues into simple and logical steps, and then to show how these can be taken with confidence. Written in an easy-to-understand style and laid out in an accessible format, this book covers all essential labour law areas, including hiring new staff, terminating employment contracts, handling poor performance and misconduct, and managing staff attendance, leave and remu­neration. The new edition has been updated to include topics such as minimum wage, the use of short-term contracts and labour brokers, up-to-the-minute labour law amendments, and strike handling. An essential read for any employer or business owner.

Labour Law Rules! is a book designed primarily as an introductory text for students encountering labour law for the first time, whether their goal is a law degree or some other discipline involving a basic knowledge of the labour relations regulatory regime in South Africa. In the past two years, since publication of the first edition of Labour Law Rules!, some significant events took place which impacted on labour law, resulting in a number of changes proposed to reform labour law. The new edition of Labour Law Rules! aims to lay a sound and up to date foundation of basic labour law rules which will enable students to be empowered to assist in shaping the future working environment and laws of the country. The second edition of the bestselling text book Labour Law Rules! continues to provide a highly accessible text on labour, equity, social security, skills development and related laws, fully updated to include the latest changes and amendments in labour law in South Africa. It discusses these laws against the backdrop of South Africa as a member state of the ILO and the economic and socio-economic context in the country.

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook - focuses on the relevant laws and regulations in South Africa. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in South Africa on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers’ compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

THE ONE GUIDE NO EMPLOYER OR EMPLOYEE CAN DO WITHOUT! South African labour legislation prescribes to employers and employees what they are able to do, when they are allowed to do it, and how. It is, in reality, a potential minefield. But help is now at hand with Everyone’s Guide to Labour Law, which aims to assist employers and employees in respect of their rights, duties and obligations in most labour-related matters. It deals simply with the relevant legislation and the most common pitfalls, as well as the processes and procedures that must be followed. This comprehensive, current and informative book makes complex Acts accessible and easy to understand, while practical examples provide clarity and better understanding.

Every business needs to be aware of the complexities of South African labour law - whether they employ one person or 1 000 people they are governed by South African labour law. In this accessible guide, South Africa's foremost expert on the subject helps employers through this minefield.

Labour Law Rules! is a book designed primarily as an introductory text for students encountering labour law for the first time, whether their goal is a law degree or some other discipline involving a basic knowledge of the labour relations regulatory regime in South Africa. In the past two years, since publication of the first edition of Labour Law Rules!, some significant events took place which impacted on labour law, resulting in a number of changes proposed to reform labour law. The new edition of Labour Law Rules! aims to lay a sound and up to date foundation of basic labour law rules which will enable students to be empowered to assist in shaping the future working environment and laws of the country. The second edition of the bestselling text book Labour Law Rules! continues to provide a highly accessible text on labour, equity, social security, skills development and related laws, fully updated to include the latest changes and amendments in labour law in South Africa. It discusses these laws against the backdrop of South Africa as a member state of the ILO and the economic and socio-economic context in the country.