Explain The Interaction Between A Contract Of Employment Collective Agreement And Bcea

[1] Until proven otherwise, a person who works for another person or provides services is deemed to be a worker, regardless of the form of the contract, if one or more of the third collective agreement – if one or more unions in an area for which the union is registered , enter into agreements with employers or employers` organizations , these collective agreements apply to all workers in this sector; Very often, the contract also stipulates that the worker is not paid for public holidays, and the wage is based on an hourly rate which stipulates that payment is made only “for hours worked”. That is why the unlucky worker does not work a public holiday because the employer is closed to the company that day – so this unfortunate worker is not paid for that holiday. The truth is that Temp workers are entitled to pay for public holidays that occur during the period of employment. When the termination date arrives, the contract is terminated and the employee enters the ranks of the unemployed. If the worker`s benefits were to be required for a new period, a new contract could be concluded, but a further extension of the contract for a third period would be unacceptable. If this requirement were to arise, an indeterminate employment contract would have to be entered into. Contributed by: Urmila Bhoola BA Hons, LLB (WITS), LLM (Toronto, Canada) is Managing Director of Resolve Workplace Equity. She is the lawyer with extensive expertise in the areas of anti-discrimination and equality, employment equality, labour law and constitutional law. Chapter 7 of the Basic Law (BCEA) stipulates that the collective agreement of a bargaining council can alter any fundamental condition of bceA, unless it results in less favourable conditions with respect to the essential conditions. The essential conditions are health and safety working hours, normal hours (45 hours per week), annual leave, maternity leave, sick leave and child labour. An employer must give a worker at least 12 consecutive hours of rest between the end and start of work. There is also a mandatory weekly rest of at least 36 hours.

Rest must consist of a Sunday, unless otherwise agreed. Flexibility is permitted and it would be desirable to include such issues in the employment contract. Apart from the exceptions mentioned above, the working hours of all other employees must be regulated in accordance with BCEA and should not be excluded or excluded. After the general strike of 1914, martial law was proclaimed and trade union leaders deported from South Africa. The resulting “peace at work” was short-lived, as mine conditions deteriorated due to economic depression, high external debt and rising cost of living. Mines have responded with restructuring. This has led to a number of white workers, which has led to the abolition of the relationship between skilled white workers and unskilled illegal workers in the mines. Fixed-term contracts: the duration of the contract is clearly defined between the parties. The contract is valid for the specified period or after the arrival of a particular event or until the conclusion of a specific task. Unless otherwise agreed, such a contract cannot be terminated during its currency without cause for settlement, unless the parties have agreed otherwise. When the contract has expired at the expiry of the contract and the worker remains in the employer, the contract may be tacitly renewed, provided it is consistent with the conduct of the parties.