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Summary LLW2601- Individual Labour Law: Chapter 1-9

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  • Course
  • LLW2601 - Individual Labour Law (LLW2601)
  • Institution
  • University Of South Africa (Unisa)

This LLW2601 is a summary of the Labour Law Rules 2nd edition. This summary includes everything you will need for the exam and the chapters which are in the scope of this subject.

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Document information

  • July 25, 2017
  • 36
  • 2016/2017
  • Summary

Subjects

  • llw2601 study notes
  • llw2601 unisa

Written for

  • University of South Africa (Unisa)
  • LLW2601 - Individual Labour Law (LLW2601)
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Labour Law: 2601 Notes


Chapter 2.
Who is an employee?

 If a person is an employee, they are protected by labour law.
 Primary aim of the LRA is to promote sound relations in the workplace between
employee and employer in the workplace.
 Workers who are not employees fall out of the scope of the LRA, and are not
protected by the LRA in terms of unfair dismissal
 Must be able to distinguish between employees and those who are not classified as
employees such as independent contractors.
o An independent contractor is contracted to perform a specific task.
o An employee is appointed to render personal activities in terms of a job
description.
 The LRA, BCEA, EEA and SDA all use the same definition for employee.
 In terms of the definition, an employee is:
o Part A) Any person excluding an independent contractor who works for
another person or for the state and who receives remuneration.
 This part A of the definition indicates the following:
 It includes both employees in the private and public sector.
 It includes domestic and farm workers as employees.
 Incorporates the common law contract of service and excludes
the contract of work, which relates to an independent
contractor.
o Part B) any other person who is in any manner assisted in carrying on or
conducting the business of an employer.
 This part B of the definition should still be interpreted in the context
of the tests developed by courts to determine whether someone is an
employee or not.
 Independent contractors would still be excluded from the definition
of an employee.

 There are certain categories that can confused independent contractors with
employees, such as:
 Temporary employees
 Casual workers
 Contract workers
 Part-time workers
 Seasonal workers
 Those working from home.

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