Sa Constitution
UNIVERSITY OF KWAZULU NATAL –COLLEGE OF LAW AND MANAGEMENT STUDIES | LABOUR LEGISLATION | HRMG3LL ASSIGNMENT | | ADAM FAEEZA 211503878MARAJ SAPNA 209505737NAIDOO REBECCA ADELINE 211548178GOVENDER SARIKA 211514433GOVENDER SASHIN 211514011WILLIAMS SAMANTHA 211559177 | 8/31/2013 |
ASSIGNMENT 2: CRITICALLLY EVALUATE ALL CURRENT SOUTH AFRICAN SUBSTANTIVE LABOUR LEGISLATION AND INDICATE WHAT IMPACT THEY HAVE ON THE EMPLOYMENT RELATIONSHIP. |
THE CONSTITUTION OF SOUTH AFRICA - BILL OF RIGHTS (BOR)
The Constitution of the Republic of South Africa No. 108 of 1996, which came into effect from 1997, is the uppermost law of South Africa which sets out the rights and duties of its citizens. Chapter two of the Constitution contains the Bill of rights, which acts as a human rights charter, protecting civil, political and socio economic rights of all citizens of the country. It also enforces the democratic rights of South Africa, such as dignity, freedom and equality. Section 23 focuses on labour relations and the impact these laws have on the employment relationship in South Africa (Constitution of RSA, 1996). * Section 23(1) of the BOR, stipulates that every person has the right to just labour practices. This means that employers must take the necessary steps to ensure the fair treatment of the employee. The employer should act reasonably and place fair expectations upon the employee. This ensures that employees are not unfairly discriminated upon and unattainable expectations regarding the nature of their work are not placed upon them.
* Section 23(2) sets out the right for every worker to be able to create and join a trade union. The employee also has the right to partake in the programs and activities of the trade union. If the worker feels that the terms of his/her employment are not suitable,
ASSIGNMENT 2: CRITICALLLY EVALUATE ALL CURRENT SOUTH AFRICAN SUBSTANTIVE LABOUR LEGISLATION AND INDICATE WHAT IMPACT THEY HAVE ON THE EMPLOYMENT RELATIONSHIP. |
THE CONSTITUTION OF SOUTH AFRICA - BILL OF RIGHTS (BOR)
The Constitution of the Republic of South Africa No. 108 of 1996, which came into effect from 1997, is the uppermost law of South Africa which sets out the rights and duties of its citizens. Chapter two of the Constitution contains the Bill of rights, which acts as a human rights charter, protecting civil, political and socio economic rights of all citizens of the country. It also enforces the democratic rights of South Africa, such as dignity, freedom and equality. Section 23 focuses on labour relations and the impact these laws have on the employment relationship in South Africa (Constitution of RSA, 1996). * Section 23(1) of the BOR, stipulates that every person has the right to just labour practices. This means that employers must take the necessary steps to ensure the fair treatment of the employee. The employer should act reasonably and place fair expectations upon the employee. This ensures that employees are not unfairly discriminated upon and unattainable expectations regarding the nature of their work are not placed upon them.
* Section 23(2) sets out the right for every worker to be able to create and join a trade union. The employee also has the right to partake in the programs and activities of the trade union. If the worker feels that the terms of his/her employment are not suitable,