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The Basic Conditions of Employment Act (BCEA), the Health and Safety Acts and the Skills Development Act, must be read with the EEA.The Skills Development Act provides that a small percentage of a labourer's salary must be contributed to the Department of Labour, enabling certain workshops to be run which are designed to develop skills.
This calls for a reconsideration of some of the assumptions underlying the common-law contract of employment, in particular the employer’s power of command and unfettered rights in respect of promotion and dismissal.Chapter 2 of the Constitution contains several provisions of relevance to employment and labour law: It is important to interpret all labour legislation in light of the Constitution.Section 23 of the Constitution deals specifically with labour relations, providing that everyone has the right to fair labour practices, Finally, every trade union, employers’ organisation and employer has the right to engage in collective bargaining.Furthermore, the labour courts’ judgments on such contentious issues as the dismissal of striking workers are subject to review by the Constitutional Court, so long as the applicants have exhausted the procedures available to them under the labour legislation.In NUMSA v Bader Bop, the Constitutional Court overturned a decision of the Labour Appeal Court which restrictively interpreted the Labour Relations Act 1995.The Native Labour Regulations Act 1911 prohibited strikes by trade unions, introduced wage ceilings and a pass system for moving around jobs.
Over 70,000 Chinese labourers were brought in, and used by landowners to undercut the wages of other workers.
Section 23(1) refers to "everyone," encompassing far more than merely employees and workers; it also includes would-be workers, employers and juristic persons.
Section 23 is not entirely universal, however, as soldiers are excluded from its ambit insofar as they may not strike at a time of war.
Among white workers, there was significant unrest, and major strikes took place in 1907, 1913, 19 For a period of sixteen years, from 1979 to 1995, several critical developments occurred in the field of labour law in South Africa, beginning with a radical change in the first of these years, when a significant Commission of Enquiry was held, resulting in the establishment of an Industrial Court, which was given extensive powers to mould, change, shape and develop the law.
Prior to 1995, most labour relations were based on contracts.
In 1998, however, most of the law on unfair labour practices was removed from the Labour Relations Act 1995 and put into the Employment Equity Act (EEA).