Know Your Employment Rights

Whether you are a permanent employee at the company you work for, on contract or even a temporary employee; you as an employee have certain employment rights (and obligations) that you should be familiar with.

Each company you work for will have their individual employment contract or agreement, listing terms and conditions to which you as the employee will have to adhere to. In addition however, every employee is protected by South African legislation under The Basic Conditions of Employment Act. 

The basic conditions of employment regulate employment conditions such as annual leave, family responsibility leave and maternity leave.  It further regulates conditions relating to working hours and overtime, employment contracts and any other terms under which your conditions of employment may be governed.

Further to receiving protection as an employee, job applicants are also protected under South African legislation where such workers and job seekers are protected from unfair discrimination under the Employment Equity Act.  The act provides a framework for implementing Affirmative Action.  Affirmative action makes sure that qualified designated groups (black people, women and people with disabilities) have equal opportunities to get a job so that there is equal representation in all job categories and levels of the workplace.  Employers and recruiters must remove unfair discrimination from their policies and practices as it is not fair to discriminate when applying affirmative action.

To further support labour peace, democracy and worker participation in decision-making in the workplace, our Government has provided for a Labour Relations Act which applies to all employers, workers, trade unions and employers' organisations, but excludes members of the National Deference Force, National Intelligence Agency or South African Secret Service.

Legislation further aims to promote and improve the skills of the South African workforce. The Skills Development Act aims to develop the skills of the South African workforce and to improve the quality of life of workers and their prospects of work. It further aims to improve productivity in the workplace and the competitiveness of employers and to promote self-employment.

Should you find yourself in an employment dispute, you may that may refer your dispute to the Mediation and Arbitration) - This is an unbiased body promoting industrial/ labour co-operation and justice within the workplace.">CCMA (The Commission for Conciliation, Mediation and Arbitration).  The Mediation and Arbitration) - This is an unbiased body promoting industrial/ labour co-operation and justice within the workplace.">CCMA is an independent, juristic body that helps to resolve disputes and offers advice and training on labour relations issues.  The conciliation-arbitration (con-arb) process quickly resolves individual unfair labour practices and unfair dismissals through conciliation and arbitration. Visit the South African Government Services website for more information on how you can find more information on referring a dispute to the CCMA.

For more information about your employment rights visit the Department of Labour's website where they provide basic, plain English guides on key South African labour laws.

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