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Sudáfrica - Fuentes y ámbito de aplicación
Referencias
- Labour Relations Act [LRA], No. 66 of 1995, as last amended by the Labour Relations Amendment Act, No. 12 of 2002
Fecha: 26 Jun 2002; ver la pagina web
»
- Basic Conditions of Employment Act [BCEA], No. 75 of 1997 as last amended by Basic Conditions of Employment Amendment Act, No. 11 of 2002
Fecha: 18 Jun 2002; ver la pagina web
»
- Code of good practice on dismissal (Schedule 8 to the Labour Relations Act 66 of 1995)
[Please note that, although this Code is not binding, it should be used by employers as a guideline when exercising their powers of discipline and dismissal. In addition, it must be considered by any competent authority assessing whether or not the dismissal is fair]
Fecha: 13 Dec 1995; ver la pagina web
»
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas
: ejercito
; gente de mar
; cuerpos de seguridadRemarks: - - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provision on severance pay). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
Referencias
- Labour Relations Act [LRA], No. 66 of 1995, as last amended by the Labour Relations Amendment Act, No. 12 of 2002
Fecha: 26 Jun 2002; ver la pagina web
»
- Basic Conditions of Employment Act [BCEA], No. 75 of 1997 as last amended by Basic Conditions of Employment Amendment Act, No. 11 of 2002
Fecha: 18 Jun 2002; ver la pagina web
»
- Code of good practice on dismissal (Schedule 8 to the Labour Relations Act 66 of 1995)
[Please note that, although this Code is not binding, it should be used by employers as a guideline when exercising their powers of discipline and dismissal. In addition, it must be considered by any competent authority assessing whether or not the dismissal is fair]
Fecha: 13 Dec 1995; ver la pagina web
»
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas
: ejercito
; gente de mar
; cuerpos de seguridadRemarks: - - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provision on severance pay). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
Referencias
- Labour Relations Act [LRA], No. 66 of 1995, as last amended by the Labour Relations Amendment Act, No. 12 of 2002
Fecha: 26 Jun 2002; ver la pagina web
»
- Basic Conditions of Employment Act [BCEA], No. 75 of 1997 as last amended by Basic Conditions of Employment Amendment Act, No. 11 of 2002
Fecha: 18 Jun 2002; ver la pagina web
»
- Code of good practice on dismissal (Schedule 8 to the Labour Relations Act 66 of 1995)
[Please note that, although this Code is not binding, it should be used by employers as a guideline when exercising their powers of discipline and dismissal. In addition, it must be considered by any competent authority assessing whether or not the dismissal is fair]
Fecha: 13 Dec 1995; ver la pagina web
»
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas
: ejercito
; gente de mar
; cuerpos de seguridadRemarks: - - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provision on severance pay). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
Referencias
- Labour Relations Act [LRA], No. 66 of 1995, as last amended by the Labour Relations Amendment Act, No. 12 of 2002
Fecha: 26 Jun 2002; ver la pagina web
»
- Basic Conditions of Employment Act [BCEA], No. 75 of 1997 as last amended by Basic Conditions of Employment Amendment Act, No. 11 of 2002
Fecha: 18 Jun 2002; ver la pagina web
»
- Code of good practice on dismissal (Schedule 8 to the Labour Relations Act 66 of 1995)
[Please note that, although this Code is not binding, it should be used by employers as a guideline when exercising their powers of discipline and dismissal. In addition, it must be considered by any competent authority assessing whether or not the dismissal is fair]
Fecha: 13 Dec 1995; ver la pagina web
»
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas
: ejercito
; gente de mar
; cuerpos de seguridadRemarks: - - An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provision on severance pay). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
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