PRINCIPLES

OF LABOUR
LAW
UNIT 1: INTRODUCTION TO
LABOUR LAW AND THE
CONSTITUTION
Unit 1 Learning Outcomes

Introduce topic areas to the unit

Discuss the labour law framework of

South Africa

Describe the principles of Labour Law

Explain the role of the Constitution

within the Legislative Framework

Summary of the content areas of the unit

INTRODUCTION OF
PRINCIPLES OF LABOUR
LAW
• The workplace provides various relationships and
interactions with your co-workers and between the
employer and employee. We all spend a great deal
of our time thinking about work, preparing for work
and getting to work and actually doing the work.
Because of the importance of the part that work
plays in our lives, we need to understand what the
law says about employment and the rights and
duties of employers and employees. It is also
necessary to look at the different rules that come to
play in the employment environment.
• Labour law consists of a number of legal rules from
various different sources that controls the
relationships between employers and employees as
well as trade unions and employers’ organisations
SOURCES OF LABOUR LAW
INTERNATIONAL LABOUR ORGANISATION

The International Labour Organization (ILO) is devoted to

promoting social justice and internationally recognized
human and labour rights, pursuing its founding mission
that labour peace is essential to prosperity.
Today, the ILO helps advance the creation of decent work
and the economic and working conditions that give
working people and business people a stake in lasting
peace, prosperity and progress.
 INTERNATIONAL LABOUR ORGANISATION
• the ILO became a specialized agency of the United Nations. Its unique tripartite
structure gives an equal voice to workers, employers and governments providing a
unique platform for promoting decent work for all women and men.
• In support of its goals, the ILO offers expertise and knowledge about the world of
work, acquired over more than 90 years of responding to the needs of people
everywhere for decent work, livelihoods and dignity.
It serves its tripartite constituents -and society as a whole- in a variety of ways,
including:
• Formulation of international policies and programmes to promote basic human
rights, improve working and living conditions, and enhance employment
opportunities
• Creation of international labour standards backed by a unique system to supervise
their application
• An extensive programme of international technical cooperation formulated and
implemented in an active partnership with constituents, to help countries put these
policies into practice in an effective manner
• Training, education and research activities to help advance all of these efforts
THE CONSTITUTION OF SOUTH AFRICA
The Constitution contains a blueprint for the running of the
country at national, provincial and local level. The Preamble of
the Constitution of South Africa is a brief introduction that sets
out the guiding purpose and principles of the Constitution. The
Constitution is divided into various Chapters.
The bill of rights encapsulates the following rights:

• Rights to equality
• Human dignity
• Life and privacy
• The freedoms of religion and expression
• Fair labour practices
• Children’s rights
• Right to basic education and
• Right to legal process
 Legislation is law laid down by an organ of the State which
has the power to do so. These laws are embodied in writing
and are known as statutes (or acts).

Legislation is a powerful source of law. In principle it binds

the whole society.

LEGISLATION
In South Africa, Parliament is the highest organ that can pass
legislation at the national level.

Other bodies that can pass subordinate legislation include

provincial legislatures which pass provincial acts and
municipal councils which can pass by laws.
Common Law

Constitutional Court case of NEHAWU

v University of Cape Town & others
• The court was asked to determine
the meaning of ‘everyone’ to clarify
whether this broadened the scope of
the right beyond the employment
relationship. In the NEHAWU case
the concept of ‘fairness’ was also
discussed and defined with regards
to section 23 of the Constitution.
 • Is a process in which working people,
through their unions negotiate
contracts with their employers to
determine their terms of employment.
• Issues that can be bargained include;
pay, benefits, hours at work, job health
COLLECTIVE and safety policies, ways to balance-
BARGAINING work and family amongst others.
SUMMARY OF CHAPTER

• There are several sources of labour law of which the Constitution is the most important, as well as
International Labour Standards, legislation, common law and collective agreements
• Labour Law only provides us with certain basic rules and the courts provide us with important guidelines to
interpret those rules. All of South Africa’s labour legislation must comply with the Constitution
• The Bill of Rights contains many rights that are potentially relevant to employment contracts and the
workplace
• Section 23 guarantees everybody the right to fair labour practices. It also provides employees the right to
join or form a trade union and the right to strike. Employers are also given the right to form or join employers’
organisations
• The Constitution and labour legislation try to redress the imbalance that exists between employers and
employees
• The obligations of South Africa as a member state of the International Labour Organisation(ILO) is given
effect through our labour laws
UNIT 2 INSIGHTS

What is the definition of an employment contract?

In South Africa what are the legal requirements when it

comes to employment contracts?

What conditions are outlined in the employment contract?

What are the roles and responsibilities of the two main

parties involved in upholding the conditions of the
employment contract?