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HR IIB (Labour Relations) Chpt.1 - Sources of Labour Legislation
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The tripartite relationship, and sources of labour legislation
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Human Resources Management IIB by ProfessorBurgerQueenSources of Labour Legislation
- The South African Constitution
- International Labour Standards
- The common law
- Collective Agreements
- Legislation
- Labour Relations Act 66 (LRA)
- Basic Conditions of Employment Act 75 (BCEA)
- Employment Equity Act 55 (EEA)
- Skills Development Act 97 (SDA)
- Skills Development Levies Act 9 (SDLA)
- Unemployment Insurance Act 30 (UIA)
- Occupational Health and Safety Act 85 (OHSA)
- Compensation for Occupational Injuries and Diseases Act 130 (COIDA)
The Tripartite Relationship
- State (government), employer, employee
- Primary relationship is between employer and employee
- Secondary relationships are between state & employer, and state & employee
The Primary Employment Relationship
- The primary relationship is between the employer (ER) and the employee (EE)
- An EE, according to section 213 of the LRA, is defined as any person, excluding
independent contractors, who works for another person or the state and
exchanges their time and skills for a monetary reward, and is managed by said
person
- An ER is defined as any person that provides work to an EE, manages them, and
remunerates them in exchange for their time and skills
The Secondary Employment Relationship
- Between the state & ER, and between the state & EE
- State serves as a facilitator and provides a framework for conducting the relationship
between ER and EE
- This framework includes legislation that governs, ie. LRA, BCEA, EEA
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