Job Information
Employers must give new workers information about their job and working conditions in writing. This includes a description of any relevant council or sectoral determination and a list of any other related documents.
Keeping Records
Employers must keep a record of at least:
- The worker’s name and job
- Time worked
- Money paid
- Date of birth for workers under 18 years old
Payment
An employer must pay a worker:
- In South African currency
- Daily, weekly, fortnightly or monthly
- In cash, cheque or direct deposit
Payslip Information
Each payslip must include:
- Employer’s name and address
- Worker’s name and job
- Period of payment
- Worker’s pay
- Amount and purpose of any deduction made from the pay
- The actual amount paid to the worker
If needed to add up the worker’s pay, the payslip must also include:
- Ordinary pay rate and overtime pay rate
- Number of ordinary and overtime hours worked during that period of payment
- Number of hours worked on a Sunday or public holiday during that period
- Total number of ordinary and overtime hours worked in the period of averaging if there is an averaging agreement
Approved Deductions
An employer may not deduct any money from a worker’s pay unless:
- That worker agrees in writing
- The deduction is required by law or permitted in terms of a law, collective agreement, court order or arbitration award
Adding up Wages
- Wages are based on the number of hours normally worked
- Monthly pay is four and 1/3 times the weekly wage
Termination of Employment
A worker or employer must give the notice to end an employment contract of not less than:
- One week, if employed for six months or less
- Two weeks, if employed for more than six months but not more than one year
- Four weeks, if employed for one year or more
The notice must be in writing except for a worker who cannot write.
Workers who stay in an employer’s accommodation must be given one month’s notice of termination of the contract or be given alternative accommodation until the contract is lawfully terminated. An employer giving notice does not stop a worker from challenging the dismissal in terms of the Labour Relations Act or any other law.
Severance Pay
An employer must pay a worker who is dismissed due to the employer’s operational requirements equal to at least one week’s severance pay for every year of continuous service with that employer.
Certificate of Service
When a job ends, a worker must be given a certificate of service.
Child labour and forced labour
- It is against the law to employ a child under 15 years old.
- Children under 18 may not do dangerous work or work meant for adults.
- It is against the law to force someone to work.
Variation of Basic Conditions of Employment
Bargaining Council
A collective agreement concluded by a bargaining council can be different from this law as long it does not:
- Lower protection of workers in terms of health and safety and family responsibilities
- Lower annual leave to less than two weeks
- Lower maternity leave in any way
- Lower sick leave in any way
- Lower protection of night workers
- Allow for any child labour or forced labour
Other Agreements
Collective agreements and individual agreements must follow the Act.
The Minister
The Minister of Labour may determine to vary or exclude a basic condition of employment. This can be done on application by an employer or employer organisation.
Sectoral Determinations
Sectoral determinations may be made to establish basic conditions for workers in a sector and area.
Employment Conditions Commissions
This Act makes provision for the Employment Conditions Commission to advise the Minister of Labour.
Monitoring, enforcing and the Legal Proceedings
Labour inspectors must advise workers and employers on their labour rights and obligations. They inspect, investigate complaints, question people and inspect, copy and remove records.
An inspector may serve a compliance order to a compliance order by writing to the Director-General of the Department of Labour, who will then look at the facts and agree, change or cancel the order.
This decision can be challenged in the Labour Court.
Workers may not be treated unfairly for demanding their rights in terms of this Act.
General Information
It is a crime to:
- Hinder, block or try to wrongly influence a labour inspector or any other person obeying this Act.
- Get, or try to get, a document by stealing, lying or showing a false or forged document.
- Pretend to be a labour inspector or any other person obeying this Act.
- Refuse or fail to answer fully any lawful question asked by a labour inspector or any other person obeying this Act.
- Refuse or fail to obey a labour inspector or any other person obeying this Act.