Brief look at Human Rights in the workplace in South Africa

1. HUMAN RIGHTS IN THE
WORK PLACE

2. Background to Human Rights in
the Workplace
 Your human rights are protected by the law.
 Many of the principles of the Human Rights Act are designed
to protect you as a worker within the workplace. (For
example, you have the right to a private and family life. So an
employer who discriminates against a gay worker, for
example, may be violating that worker's right to a private life.)
 Human rights legislation is put in place to protect people from
discrimination
 Employers, including non-profit organizations, need to be
aware of human rights legislation as it applies to all practices
of employment

3. Bill of Rights that may be
relevant to workers are.
 Slavery, servitude and forced Labour (no one may be
subjected to slavery, servitude or forced labour)
 Assembly, demonstration, picket and petition (everyone has
the right, peacefully and unarmed, to assemble, to
demonstrate, to picket and to present petitions)
 Freedom of trade, occupation and profession (every citizen
has the right to choose their trade, occupation or profession
freely)

4. Minimum Conditions of
Employment Act
 Labour Legislation sets minimum standards, and contracts of
service that may not be less favourable to employees.
 Exceptions to the standard, Volunteers working for charities,
The National Defence Force, The National Intelligence
Agency, and The South African Secret Service.
 The standards are: maximum of 45 hours per week working
hours, after 5 hours of work, you may take a 60 minutes meal
break, can be reduced but not less than 30 minutes, you may
not be forced to work overtime, in entitled to take 21
consecutive days’ paid leave after the completion of every
working year, is allowed annual leave, sick leave, maternity
leave, family responsibility leave.

5. Basic Conditions of
Employment Act of 1997
 This legislation prohibits forced labour and the employment
of children under 15, and gives the Minister of Labour the
power to place restrictions on the employment of children
over 15.
 It limits the hours that may be worked in a week and
regulates meal breaks and rest periods. But these conditions
do not apply to all categories of workers, for example to
senior managers

6. Labour Relations Act of 1995
 Recognises and regulates the rights of workers to organise
and join trade unions, and the right to strike.
 Guarantees trade union representatives access to the
workplace.
 Facilitates collective bargaining and makes provision for
bargaining councils.
 The Act established a number of important bodies,
CCMA(Commission for Conciliation, Mediation and
Arbitration), the Labour Court and Labour Appeals Court,
which adjudicate disputes

7. Employment Equity Act of 1998
 Prohibits unfair discrimination on grounds of race, gender,
sex, pregnancy and marital status.
 Regulates medical testing, HIV testing and psychological
testing.
 Requires designated employers (e.g. those with more than
50 employees) to conduct a detailed analysis of employment
policies, practices, procedures and the working environment
to identify barriers that adversely affect the designated
groups: black people, women and people with disabilities.
Such employers need to prepare employment equity plans.

8. The Skills Development Act of
1998
 Aims to develop and improve the skills of the South African
workforce
 It provides a framework for the development of skills of
people at work and establishes a number of bodies to co-ordinate
and oversees the training and development of South
Africa's workforce

9. Affirmative Action
 To ensure that suitable qualified people from designated
groups have equal employment opportunities and are
equitably represented in all occupational categories and
levels in the workforce of a designated employer.
 To identify and eliminate employment barriers, unfair
discrimination, which adversely affect people from
designated groups.
 Making reasonable accommodation for people from
designated groups in order to ensure that they enjoy equal
opportunities and are equitably represented in the workforce
 Cater for people with long term Disabilities

10. Designated Employers
 A person employing 50 or more employees, whose total annual
turnover is at least equal to the amounts set out in this section, A
Municipality, The state.
 Must implement affirmative action measures to ensure that
“suitably qualified people” from “designated groups” have equal
employment opportunities and are equitably represented in all
occupational categories and levels.
 “Suitably qualified person”: A person may be suitably qualified
for a job as a result of any one of, or any combination of that
person’s: Formal qualifications, Prior learning, relevant
experience or Capacity to acquire, within a reasonable time, the
ability to do the job.

11. Occupational Health and Safety
Act
 Reinforce and supplement the common law duty of the
employer to take reasonable care for the safety of the
employees.
 Promote health and safety in the workplace to prevent
accidents arising from the use of equipment and machinery.
 Legal framework for the setting and policing of safety
standards
 With the exception of employees in the mining industry (who
are protected by the Mine Health and Safety Act, 1996)

12. Conclusion
 If a worker is unhappy about something, it must be taken up
with management first.
 Grievance procedure prescribing which steps must be taken
when a worker is dissatisfied about something in the
workplace.
 Entitled to be helped by union representatives in the process.
 A workplace forum (WPF) can be involved to avoid disputes.
WPF is a group of workers (excluding management) elected
by co-workers to represent all the workers interests.
 The CCMA Its function is to attempt to reconcile parties to
disputes (normally an employee and employer)-they will
conciliate or mediate the dispute, and give advice on
procedures.