AcSIn work law or labour law, there are many different terms or words that people use. It gets very confusing. There are many existing glossaries available. For example, there is the ILO Glossary of labour law and industrial relations, which is useful but it is focused on the EU. There are some that focus on English law, like the Winston Solicitors Employment Law Glossary, but there isn’t really a South African version.
A glossary of all work law or labour law terms would be very long. On this page, we focus on some of the most important and frequently used terms to help people in organisations navigate what different things mean.
Arbitration
A form of alternative dispute resolution that helps resolve disputes outside the court system. It is a hearing where a commissioner of the CCMA gives both the employer and employee an opportunity to present their cases regarding the issue in dispute by leading evidence, presenting documents, cross-examination of witnesses, and even conducting of inspection of premises, where that is necessary. This process usually occurs when conciliation fails and one party to the dispute requests it.
BCEA
The Basic Conditions of Employment Act. The legislation regulates the conditions of employment to ensure that they are consistent with the Constitutional right to fair labour practices.
CCMA
The Commission for Conciliation, Mediation and Arbitration, an independent dispute resolution authority that resolves labour disputes, and provides advice and training on labour relations. Its decisions are binding on all employers in South Africa.
Code of good practice
A document published by the Minister of Labour after consultation with NEDLAC. It serves to help individuals interpret labour-related laws.
COIDA
Compensation for Occupational Injuries and Diseases Act. Legislation which provides for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases. All employers must register with the Compensation Fund.
Collective bargaining
The process where employees through their trade unions negotiate with their employers to determine their employment terms, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.
Conciliation
A form of alternative dispute resolution that helps resolve disputes outside the judiciary courts. It is a process where a commissioner of the CCMA meets with the parties to a dispute and explores with them ways to settle the dispute by agreement.
Disciplinary code
A document that sets out the procedure organisation must follow to regulate standards of conduct and incapacity of employees.
EEA
Employment Equity Act. Legislation that aims to ensure the promotion of the constitutional right to equality, eliminate unfair discrimination and ensure the implementation of employment equity policies that promote redress and create a diverse workplace.
Employers’ organisation
An organisation of employers which strengthens their collective bargaining power. The organisation also boosts the political and legislative lobby and gives legal advice.
Fair labour practices
A right set out in section 23 of the Constitution. It is qualified and given effect by the Basic Conditions of Employment Act.
Freedom of association
A right set out in section 18 of the Constitution which gives provision to an employee to join a trade union of their choice and an employer to join an employer’s organisation of their choice.
LRA
The Labour Relations Act. The main legislation dealing with employment in South Africa. It aims to regulate trade union membership, strikes, facilitation and promotion of collective bargaining and establish the CCMA, Labour Court and Labour Appeals Court.
Lock out
A form of industrial action available to employers. It permits an employer to exclude employees from the employer’s workplace for purposes of compelling them to accept terms they offer in collective bargaining. Lock-outs must comply with the procedural and substantive requirements set out in the LRA.
Mediation
A form of alternative dispute resolution that helps resolve disputes outside the judiciary courts. In this procedure, parties discuss their disputes with the assistance of a trained impartial third person(s). It may be an informal meeting among the parties or a scheduled settlement conference. Therefore, mediation does not have to go through the CCMA.
Nedlac
National Economic Development and Labour Council. The council aims to ensure that government, labour, business and community organisations cooperate, through problem-solving and negotiation, on economic, labour and development issues and related challenges facing the country.
OHSA
Occupational Health and Safety Act. Legislation that aims to ensure safe and healthful working conditions for employees. The Act compels employers to set and enforce safety standards by providing, training, outreach, education and assistance. The Act further compels employers to ensure that employees have equipment that ensures their safety every they are at their workplace.
SDA
Skills Development Act. Legislation that expands the knowledge and competencies of the labour force in order to improve productivity and employment.
Strike
Protest action that a body of employees takes to advance their collective bargaining in labour disputes. Every employee has a right to strike in South Africa. However, the strike must comply with the procedural and substantive requirements established in the LRA.
Trade Union
A trade union is an organisation of workers that promotes and protects the interests of its members in issues such as wages and working conditions, especially through negotiations with employers. Every employee has a right to join a trade union. Trade unions do not have to register with the Department of Labour, but registered unions have additional rights.
Unemployment Insurance Fund (UIF)
The law requires all employers to register with UIF and contribute towards the fund if they have employed people for more than 24 hours per month. The monthly contribution for UIF is two per cent of an employee’s gross salary per month. The employer must deduct one per cent of the employee’s gross salary per month and contribute the other one per cent.