LLW 2601 Final Exam Q&A – Several Combined
The ESA defines a ‘foreign national’ as “an individual who is not a South African citizen or does
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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.
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 National Defence Force;
The National Intelligence Agency;
The Secret Service;
The National Academy of Intelligence; and
Directors and staff of Comsec.
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.
What general conditions regarding the employment of foreign nationals does the Employment
Services Act set out? 3
Explain the purpose of the Employment Tax Incentive Act (ETIA). 2
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
Will X be able to enforce a contract he concluded with Z, to murder Z's business rival B? Substantiate
your answer. 3
Maternity Leave
o An employee is entitled to four consecutive month’s maternity leave.
o An employee may not work for six weeks after the birth of her child.
o If an employee miscarries in the third trimester of the pregnancy or has a still born
child, she is entitled to six weeks’ leave after the miscarriage or still birth.
Sick Leave
o Six weeks’ paid sick leave in every three-year cycle worked
By agreement between the employer and the employee or in line with the method
prescribed in the contract of employment;
By means of a collective agreement between the employer and a trade union/s;
By operation of law, for example, the BCEA; and
Through a sectoral determination issued by the MoL.
The primary aim of the LRA is to promote sound relations between employers and
employees in the workplace.
Workers who are not employees fall outside the scope of the LRA and are, amongst others,
not entitled to protection against unfair dismissal.
For this reason, it is important to be able to draw a distinction between employees and other
workers who do not qualify as employees, so called ‘independent contractors’.
People not covered by labour laws will not be protected and will have to find other laws to
protect themselves.
Write a short note on the difference between direct and indirect discrimination.
Direct discrimination
o It occurs if someone is clearly treated differently because of a certain characteristic,
for example, race or gender.
o An example of direct discrimination is an employee being paid less simply because
she / he is disabled, of a different religion than the employer, or divorced.
Indirect discrimination
o Found when criteria that appear to be neutral, negatively affect a certain group
disproportionately, for example, gay or Hindu people or women.
o Such discrimination, in contrast with direct discrimination, is often disguised and
hard to detect.
o An example of indirect discrimination would be a requirement that candidates must
have a deep bass voice. In such instance more men than women will qualify. Unless
this criterion can be justified by the requirements of the job, it will amount to
indirect discrimination.
What number of months/weeks does the BCEA prescribe for maternity leave and sick leave? 2
List the different ways in which contractual terms and conditions of employment can be changed. 5
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