South African Legislations

Equivalent to some acts in India

Industrial Relations and Labour Legislation

BBA SEM-VI
Trade Union Act, 1926 of India

The Trade Union Act, 1926 is a legislation in India that governs the formation, registration, and regulation of trade unions.
It defines trade unions as any combination of workers or employers formed for regulating employment relations or
imposing restrictive conditions on trade or business. The Act provides legal recognition to registered trade unions and
allows them to engage in collective bargaining and industrial action.

The closest equivalent to the Trade Union Act, 1926 of India in South Africa is the Labour Relations Act, 1995 (Act No. 66
of 1995).

Labour Relations Act, 1995 (Act No. 66 of 1995) of South Africa

The Labour Relations Act, 1995 is a labor law in South Africa that regulates trade unions, collective bargaining, and related
matters. The Act governs the establishment and registration of trade unions and employer organizations, the rights and
obligations of these organizations, collective bargaining, industrial action, and dispute resolution in the workplace.
 Labour Relations Act, 1995

The Labour Relations Act regulates the establishment and registration of trade unions and employer organizations, the
rights and obligations of these organizations, collective bargaining, industrial action, and dispute resolution in the
workplace. The Act also provides for the resolution of disputes through a range of mechanisms, including mediation,
conciliation, and arbitration.

Overall, while there are differences in the specific provisions of the Trade Union Act, 1926 of India and the Labour
Relations Act, 1995 of South Africa, both acts serve to protect the rights of workers and promote collective bargaining and
dispute resolution in the workplace.
MINIMUM
• The national minimum wage determined by the Minister in accordance with the
National Minimum Wage Act (NMWA) will be increased to ZAR 25.42 for each
ordinary hour worked. This represents an increase of approximately 9.62% from the

WAGES ACT previous amount of ZAR 23.19, which has been in effect since 1 March 2022.
• As in previous years, the NMWA provides for minimum wages to be applied in respect
of several working groups. This notwithstanding, it appears that with effect from 1
March 2023, domestic workers and farmworkers will also be entitled to the national
minimum wage of ZAR 25.42. However, exceptions are still made for the following
working groups:
-Workers employed on an expanded public works program are entitled to a
minimum wage of ZAR 13.97 per hour; and
-Workers who have concluded learnership agreements contemplated in section
17 of the Skills Development Act, 1998 are entitled to allowances contained in a
schedule to the NMWA.  
• The national minimum wage forms the minimum floor for wages. This means that
every worker will be entitled to at least the minimum wage and no employer may pay
less than the minimum wage. The minimum wage cannot be varied by contract,
collective agreement or law, except to the extent that an employee’s contract of
employment, a collective agreement or law provides for a more favorable wage.
• The national minimum wage is the amount payable in money for ordinary hours
worked by an employee and excludes payments of allowances such as transportation,
tools, food, accommodation, payments in kind, bonuses, tips and gifts.
 Maternity Leave Benefit Act 1994
Aspect Maternity Leave Benefit Act of India Maternity Leave Benefit Act of South Africa

Duration of leave 26 weeks 4 months (17.33 weeks)

Applicability Female employees in all sectors Female employees in all sectors

Eligibility criteria Employed for at least 80 days in the preceding 12 months Employed for at least 4 months with the same employer

Payment during leave Paid leave Unpaid leave

Benefit amount 100% of average daily wage 66% of earnings

Leave transferability Non-transferable Transferable to the father or adoptive parent under certain conditions

Additional leave None Additional unpaid leave may be granted by the employer

Prohibition of work 6 weeks before delivery and 8 weeks after delivery 4 weeks before delivery and 6 weeks after delivery

Extension of leave Additional leave may be granted by the employer Extension of leave may be granted by the employer

Protection from dismissal Protected from dismissal during the leave period Protected from dismissal during the leave period
India's Child and • India's Child and Adolescent Labour (Prohibition and
Regulation) Act 1986 is a legislation aimed at preventing
the exploitation of children and adolescents by
Adolescent Labour prohibiting their employment in certain occupations and
regulating their working conditions in others. The act
prohibits the employment of children under the age of 14
(Prohibition and in any occupation, except for certain non-hazardous
family-based activities such as helping in a family

Regulation) Act 1986 business or participating in cultural or sporting events.

• For adolescents between the ages of 14 and 18, the act
regulates their working conditions and prohibits their
employment in certain hazardous occupations, such as
mining, hazardous chemical industries, and occupations
involving exposure to toxic substances or dangerous
machinery.
• Overall, the Child and Adolescent Labour (Prohibition
and Regulation) Act 1986 is an important legislation in
India that seeks to protect children and adolescents from
exploitation and provide them with opportunities to
pursue their education and development without being
forced into work at a young age.
 • The legislation in South Africa that is equivalent to India's Child
and Adolescent Labour (Prohibition and Regulation) Act 1986 is
the Basic Conditions of Employment Act, 1997 (BCEA). The
BCEA establishes minimum standards and conditions of
employment for all workers in South Africa, including children
and adolescents.
• The BCEA prohibits the employment of children under the age
of 15, except in certain circumstances, such as for work in the
entertainment industry or if the child is performing light work
that is not harmful to their health or development. If a child is
Basic Conditions of employed, the employer must obtain a permit from the
Department of Labor, and the child's working hours and

Employment Act of
conditions must comply with specific regulations.
• The BCEA also provides for minimum working conditions, such
South Africa (BCEA), as rest periods, maximum working hours, and the prohibition of
hazardous work for children. Employers must ensure that

No. 75 of 1997
children are not subjected to any form of abuse, exploitation, or
discrimination, and they must provide a safe working
environment that is free from any form of harassment.
• In addition to the BCEA, South Africa has other legislation that
specifically protects the rights of children, such as the Children's
Act, No. 38 of 2005, which regulates the care, protection, and
adoption of children. The Constitution of South Africa also
contains provisions that protect the rights of children and
prohibit any form of discrimination based on age.
Presented by:
Wania Khan
Leba Sharif
Sakina Abedin
Karthik Ramesh