Career Information - Legislationin Education and Employment

Introduction

As a CDP, it is imperative to know the legislation relating to employment, education and training. Such knowledge allows CDPs to better serve their clients and to recognise when a client is being treated unfairly, discriminated against, taken advantage of, or having their rights violated. It also enables CDPs to advise clients fully and direct them to the right place for further help.

Legislation

Legislation is a law or set of laws created by government and made official by a parliament. It also refers to the process of preparing and enacting laws, which includes evaluating, amending and voting on proposed laws, and reflects values, judgments and purposes. Parliament is South Africa's highest legislator, a power given to it by the Constitution.

Labour legislation in South Africa

South African labour legislation has been influenced internationally through the International Labour Organisation, of which South Africa is a member and whose criteria and principles it follows. Since 1994, employment laws have been underpinned by the principles of a non-sexist, non-racial and equality-based democratic society. Several employment laws affect the employer-employee relationship, including the Constitution (Bill of Rights), the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA), the Occupational Health and Safety Act (OHSA), the Compensation for Occupational Injuries and Diseases Act (COIDA), and the Unemployment Insurance Fund (UIF).

The Constitution (Bill of Rights). The Constitution is the supreme law of the country, and all other laws must abide by its basic principles. Its fundamental purpose is human dignity, freedom and equality, and it provides clear guidelines on employment relations. For example, Section 23 states that every person has the right to fair labour practices; that every employer has the right to form and join an employers' organisation and take part in its activities; that every worker has the right to form and join a trade union, take part in its activities, and strike legally; that every trade union and organisation has the right to determine its own activities, organise, bargain collectively, and form and join a federation; and that every trade union, employer and organisation has the right to engage in collective bargaining. Labour legislation should reflect fairness to both management and employees.

Labour Relations Act (LRA). This act governs the employment relationship, specifying both parties' rights and how the employer and employee should conduct themselves. It also outlines dismissal procedures and how a dismissal must be handled to be both procedurally and substantively fair.

Basic Conditions of Employment Act (BCEA). This act sets standard, basic conditions of employment, covering matters such as overtime, hours of work, meal intervals and night work. The terms in the act are basic, and employers cannot contract with employees on less favourable terms, though they may offer more favourable ones.

Employment Equity Act (EEA). This act regulates the treatment of all employees, with the main purpose of ensuring there is no discrimination in the workplace and everyone is treated equally. It was amended to call for employees engaged in similar work to be remunerated at the same level.

Occupational Health and Safety Act (OHSA). This act safeguards employees at their workplace and ensures a safe and healthy environment. Employers are forbidden from allowing employees to work in dangerous situations, and employees have a right to know about possible dangers. Inspectors from the Department of Employment and Labour can investigate any workplace, and if a fault is found, employers can be fined or face imprisonment.

Compensation for Occupational Injuries and Diseases Act (COIDA). This act allows employees to claim compensation from a fund if they are injured on duty or become ill because of their job. Families and dependents can also claim if they lose their breadwinner through employment. Contributions to the fund are paid solely by the employer.

Unemployment Insurance Act and Fund (UIA/F). The main purpose of the UIA/F is to regulate and administer a fund that collects contributions from employees and employers to assist employees during periods without income due to maternity, illness or unemployment.

Each of these acts is complex and contains far more detail than summarised here. Further reading is available from sources such as labourguide.co.za and other legal and advisory publications.

Legislation on education and training

The Bill of Rights, Section 29(1), declares that everyone has the right to basic education, including adult basic education, and to further education, which the government, through reasonable measures, must make progressively available and accessible.

South African Qualifications Authority Act (SAQA Act). The abundance of qualifications and pathways on the training market makes it hard for learners to judge the trustworthiness and market value of a course, and for employers to judge the quality of qualifications. The SAQA Act addresses this by providing a regulatory framework and national standards to improve training quality and relevance. The act establishes the South African Qualifications Authority (SAQA), which oversees the development and implementation of the NQF. SAQA's mission is to safeguard a National Qualifications Framework that supports the full development of each learner and the social and economic development of the nation.

Skills Development Act (SDA). The Skills Development Act aims to develop the skills of the South African workforce, improve the quality of working life, improve workplace efficiency, promote self-employment, and distribute social services. It encourages employers to use the workplace as an active learning environment and to help new labour market entrants gain work experience, with special focus on improving the prospects of previously disadvantaged people. Its goals are supported by a stronger institutional and financial framework: the National Skills Authority (NSA) replaced the National Training Board as the advisory body to the Minister of Labour, responsible for national skills development strategies, priorities, plans and targets, and the Sector Education and Training Authorities (SETAs) replaced industry training boards, responsible for creating sector skills plans aligned with national strategies.

Conclusion

Because legislation governs how things are done correctly so that every person can benefit and have their rights fulfilled, it is essential that a CDP knows the legislation on employment, education and training. Clients will need advice on these issues, and to be successful, a CDP must be able to answer such questions and direct clients to the correct information.