Employee Rights in South Africa

General Employee Rights in South Africa

Employment contract

Written contracts outlining terms of employment, including salary, benefits, and job responsibilities are required in law in terms of the BCEA. Employers are required to provide a written employment contract with all particulars to their employees.

Health and safety

Under South African law, employers have a duty to create a safe working environment for their employees. Every employer must provide and maintain this environment, which must be safe and without risk to the health of their employees. This is achieved through the implementation of health and safety policies and conducting regular risk assessments to identify workplace hazards and evaluate risks associated with an employee’s role. Employers must also provide ongoing safety training, monitor and update safety measures, and take appropriate measures to identify and address hazards and assess risks based on codes of practice, standards, procedures and instructions.

If hazards are identified, the employer must provide appropriate health and safety training and a communication programme to detail those risks. An inspection system and the appointment of competent supervisors are also necessary. The employer is obliged to provide PPE equipment. Generally, the employer provides the necessary equipment. In the case of white collar employees, employers may provide a monetary amount for the set up of a home office (e.g. suitable furniture and office equipment).

Employee Protections in South Africa

Anti-discrimination

In South Africa, anti-discrimination employment practices are governed by a robust legal framework.  The EEA places a positive obligation on all employers to promote equal opportunities and eliminate unfair discrimination in the workplace. Employers are expected to take proactive steps to promote equality in the workplace.

Equal treatment

Employers must treat employees fairly in terms of remuneration, benefits, and working conditions. Fair labour practices are promoted and unfair labour practices, unfair dismissals and unfair discrimination are prohibited. Unfair labour practices include unfair conduct related to promotion, demotion, suspension or the provision of benefits. There are minimum standards for employment conditions ensuring fair treatment when it comes to working conditions for employees. The EEA prohibits unfair discrimination ensuring there is no discrimination based on a listed and arbitrary grounds such as race, gender, sex, pregnancy, marital status, religion and culture and more. Dismissals based on a listed ground are automatically unfair and considered the most egregious form of dismissal.

Protection from harassment

An employer must adopt a sexual harassment policy. The objective of the sexual harassment policy is to inform employees to refrain from such conduct of “harassment”, including sexual harassment, as provided for in the Code of Good Practice on the Prevention and Elimination of Harassment. In addition, employers should establish procedures to raise grievances with the assurance that the appropriate measures will be taken.

Protection against dismissal

There are only three acceptable grounds for dismissal.  Those grounds are misconduct, incapacity (which includes poor work performance, ill health and incompatibility) and operational requirements (which is retrenchment/redundancy).  All dismissals must be substantively and procedurally fair.

If an employee is dismissed unfairly, the employee may refer an unfair dismissal dispute to the Commission for Conciliation Mediation and Arbitration, a statutory arbitrational tribunal.  If successful, the employee could be awarded reinstatement (with or without full back pay), re-employment or compensation for 12 to 24 months depending on the case.

Job Security in South Africa

Union membership

Employees have the right to join trade unions and participate in collective bargaining. Employees have the right to strike, subject to the relevant provisions of the LRA being adhered to.

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