Labor Legislation Course

Overview

The labour legislation course examines individual Labour Law rights in South Africa. The scope of this course includes The Labour Relations Act, 66, of 1995 as amended, The Basic Conditions Of Employment Act, 75, of 1997 (as amended), Employment Equity Act, 55, of 1998, Skills Development Act, 97 of 1998, The Skills Development Levies Act and The Protected Disclosures Act

Completing this course will help in:

Who is the course for?

This course is intended for managers of small businesses and junior managers of business units in larger organisations. Junior managers include, but are not limited to team leaders, supervisors, first-line managers and section heads.

Training Outcomes

  • The six main pieces of labour legislation are named and an indication is given of who is covered by each Act.

  • The six Acts are analysed and an indication is given of how the six pieces of legislation interact and support the South African Constitution.

  • The scope and application of each Act are explained at a basic level of understanding.

  1.  
  • Demonstrate understanding of the main aspects of the Labour Relations Act (LRA) (as amended) that relate to the management of a business unit.

  • The concept of freedom of association is explained with reference to employers and employees.

  • Organisational rights protected by the LRA are explained with reference, where appropriate, to Trade Unions that are active in a specific sector.

  • The concept of an unfair labour practice is explained with examples.

  • Internal policies and procedures within an organisation that may be used to resolve a dispute or grievance are illustrated graphically.

  • The importance of handling internal conflict and grievances to prevent unfair labour practice disputes arising is explained and an indication is given of the consequences of unfair labour practice for the organisation.

  • The role of a workplace forum is explained and an indication is given of who should be represented in such a forum.

  • The function of the Council for Conciliation, Mediation and Arbitration (CCMA) is explained with reference to its role in dispute resolution.

  • The concept of automatically unfair dismissal is explained with examples.

  • Steps to be taken to ensure that dismissals are substantively and procedurally correct and fair are explained with reference to the LRA and the Code of Good Practice on Dismissal and human resource policies of an organisation.

  • Evidence that could support a recommendation for dismissal is documented in accordance with the human resources policies of a specific organisation.

  • The steps to be followed to ensure procedural fairness in cases of misconduct are described with reference to the LRA and the disciplinary process of a specific organisation.

  • Procedures to be followed at a disciplinary hearing are described with reference to the LRA and the policy of a specific organisation.

  • Documents that are required to ensure that interviews are conducted strictly in accordance with the LRA are identified and an indication is given of how each document helps to ensure fair labour practice.

  • Questions to be asked in an interview relating to work specific criteria for a specific position are composed and an indication is given of why it is necessary to prepare such questions before the interview.

  • The concept of discrimination is explained with examples.

  • Criteria that automatically indicate unfair discrimination are named and an indication is given of how managers can inadvertently discriminate unfairly in an interview.

  • Practices specifically defined as unfair in the LRA are listed and an indication is given of why each practice is considered to be unfair labour practice.

  • Questions that are unacceptable in an interview with a prospective employee are discussed and an indication is given as to why such questions could be regarded as discriminatory.

  1.  
  • Demonstrate understanding of aspects of the Basic Conditions of Employment Act (BCOE) (as amended) that business unit managers might responsible for implementing.

  • The concept of an employee is explained and an indication is given of how status as an employee is determined.

  • Regulations relating to working hours are explained and an indication is given of how the requirements of the Act are applied in a specific organisation.

  • The policy in a specific organisation regarding payment for overtime is explained and an indication is given of the people in a business unit who qualify for overtime pay.

  • Regulations relating to breaks during hours of work are explained and an indication is given of when, if ever, the employees in a business unit may be required to work during a meal interval.

  • The leave entitlement under the Act is explained and an indication is given of how leave is affected in a specific organisation.

  • Conditions for termination of employment prescribed by the Act are explained and applied to a specific employment contract.

  • The consequences if a business unit manager provides information about employees to prospective employers or other persons are explained and an indication is given of the kind of information that is required in a certificate of service.

  • The requirements placed on employers by the EE Act are explained with reference to an organisation’s employment equity plan.

  • The process to be followed in implementing employment equity is explained with reference to the policy of a specific organisation and the role of managers in a business unit.

  • The role of the employment equity committee is explained and an indication is given of who should be represented on that committee.

  • The employment policy and practices in a business unit are analysed and an indication is given of how the business unit complies with the Act and the specific organisation’s EE plan.

  • Barriers that adversely affect disadvantaged people are identified in a specific organisation and a business unit within that organisation.

  • Demonstrate understanding of the Skills Development Act, 97 of 1998 and the Skills Development Levies Act as they apply n a business unit.

  • The requirements placed on employers by the Skills Development Act are explained with reference to an organisation’s workplace skills plan and annual training report.

  • The requirements placed on employers by the Skills Development Levies Act are explained with reference to an organisation’s workplace skills plan and the claiming back of levies for training purposes.

  • The process to be followed in contributing to an organisation’s workplace skills plan is explained with reference to the policy of a specific organisation.

  • The concept of learnerships is explained and an indication is given of how learnerships could be promoted in a specific business unit.

  • The concept of lifelong learning is explained and an indication is given of how learning can be facilitated in a specific business unit.

  • The role of the training committee is explained with reference to the role of the committee in the skills’ development process.

  • The role of the SETAs is explained in terms of the legislated relationship between the SETAs and employers.

  • The reports that are required by a SETA in terms of the Skills Development legislation are compiled for incorporation into the organisation’s report.

    1. The levies/grant system of a selected SETA is explained and the levy that a business unit would be entitled to is calculated based on the submitted report and the rules of the relevant SETA.

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