Flashcards on South African Labour Law Overview
South African Labour Law Overview for Students | Comprehensive Guide
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Labour Law
44 cards
Card 1
Question: What is statutory control in the context of labour law?
Answer: Statutory control is the power of written law (statute) to regulate a part of society, such as the labour market and labour relations system.
Card 2
Question: Give three reasons for statutory control in the workplace.
Answer: To set boundaries and limits; to make fair and equitable labour practices that protect employees’ rights through law; and to protect employers (e.g.,
Card 3
Question: How do laws make employee rights 'real' in the workplace?
Answer: By converting rights into enforceable provisions through statutes, including mechanisms like collective bargaining and legal protections for wages and
Card 4
Question: What is the overall purpose of the Labour Relations Act (LRA)?
Answer: To promote economic development, social justice, labour peace, and to bring democracy to the workplace.
Card 5
Question: Name four primary objectives of the LRA.
Answer: Give effect to Constitutional labour rights; meet ILO requirements; create frameworks for collective bargaining and industrial policy; and promote ord
Card 6
Question: What does the LRA aim to promote regarding collective bargaining and workplace participation?
Answer: It aims to promote orderly collective bargaining, collective bargaining at sectoral level, employee participation in workplace decision-making, and ef
Card 7
Question: What is the effect of a collective agreement negotiated by a union?
Answer: Union negotiations benefit all workers—both members and non-members—when a collective agreement is concluded.
Card 8
Question: What is an agency shop agreement under Sections 25 and 26?
Answer: An agency shop agreement requires non-members to pay agency fees only (Section 25).
Card 9
Question: What is a closed shop agreement under Sections 25 and 26?
Answer: A closed shop agreement requires trade union membership as a condition of employment (Section 26).
Card 10
Question: What common requirement applies to both agency shop and closed shop agreements?
Answer: Both require a majority representative trade union to conclude such agreements.