LLW2601 EXAM
PACK 2021/2022.
What general conditions regarding the employment of foreign nationals does the Employment
Services Act set out? 3
The ESA
... [Show More] defines a ‘foreign national’ as “an individual who is not a South African citizen or does not
have a permanent residence permit issued in terms of the Immigration Act.”
They may be employed but their employment must:
Comply with and give effect to the right to fair labour practices contained in section 23 of the
Constitution;
Not have a negative impact on existing labour standards or the rights and expectations of
South African workers; and
Must promote the training of South African citizens and permanent residents.
Explain the purpose of the Employment Tax Incentive Act (ETIA). 2
The purpose of the Act is to provide for a government-wage subsidy to employers who
employ young and inexperienced workers.
The Act provides for subsidies aimed at encouraging private sector employers to employ
young people aged between the ages of 18 and 29.
The Act aims to support employment growth by focussing on labour market activation,
especially for the youth.
The EEA specifically excludes certain categories of workers from its application. List the 5 categories
of workers who are excluded from the application of the EEA. 5
The National Defence Force;
The National Intelligence Agency;
The Secret Service;
The National Academy of Intelligence; and
Directors and staff of Comsec.
Will X be able to enforce a contract he concluded with Z, to murder Z's business rival B? Substantiate
your answer. 3
X will be an independent contractor, as he was contracted to perform a specified task /
produce a specific result.
X will not be able to enforce a contract in terms of the LRA, but is entitled to protection
under the Constitution, as the Constitution is broad and extends to everyone.
Thus, even a murderer, has a right to fair labour practices in terms of section 23 of the
Constitution as a result of the employment relationship.
This relationship exists despite the illegality of the type of work performed. [Show Less]