Labour Legislation
Study Unit 3
• Unit 1: Employment relations a
conceptual analysis
Re-cap… • Unit 2: Labour relations system
Unit Outline
• International framework
• Employment contracts
• Employees and independent contractors
• Substantive Acts
• BCEA
• EEA
Unit outcomes
Demonstrate understanding of Apply and describe the legislative framework
international labour policies and standards governing relations between the employer and
employee
Outline today
International Employment
framework contracts
INTERNATIONAL
FRAMEWORK
International Labour Organisation (ILO)
• Governments are regulated by universally accepted standards
supplied by various conventions and recommendations of the
ILO which are ratified and implemented by member countries.
• The Declaration of Philadelphia
• Convention concerning the freedom of association and
Protection of the right to Organise
• Convention concerning the Application of the principles of the
right to organize and to bargain collectively
THE DECLARATION OF PHILADELPHIA
PART 1 OF THE DECLARATION PROVIDES THAT:
▪ Labour is not a commodity(workers should not be treated as capital or mere factor
of production)
▪ Freedom of expression and association
▪ Poverty anywhere constitutes a danger to prosperity everywhere
▪ War against poverty should be carried on in an atmosphere which encourages
free discussion and democratic decision-making.
DECLARATION OF PHILADELPHIA
PART 2 and 3
Promotes full employment and uplifts the standard of living of all people which should
be achieved through:
• Promotion of training & facilitation of transfer of labour
• Implementing policies on wages and conditions of service
• Right to Collective Bargaining, co-operation between management and employees
• Collaboration between employers and employees on social and economic measures
• Social security measures, medical care, protecting life and health of Employees
• Provision for child welfare and maternity benefits and cultural facilities for all employees
CONVENTION 87 FREEDOM OF ASSOCIATION AND PROTECTION
OF THE RIGHT TO ORGANISE
• Concurs with the Declaration of Philadelphia that “freedom of expression and
association are important for sustained progress”
• Recommends and safeguards against anti-union discrimination such as:
➢ employers and employees have the right to join any organization of their choice
without any previous authorization
➢ Trade unions and employers organisations may draw up their own constitution,
rules, elect representatives freely etc.
➢ Governments not to interfere with organisations
➢ Organisations not to be dissolved
➢ employers, employees and their organisations to respect law of land
➢ Law shall not be such to impair these organisations
➢ Members of ILO to take steps to ensure employers and employees exercise their
right to organize freely
CONVENTION 98: APPLICATION OF THE PRINCIPLES OF THE
RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY
• Offers protection against anti-union discrimination such as
prohibiting acts which have the effect to:
• Induce an employee or prospective employee to refrain
from joining a union or terminate their union membership
• Dismissal or prejudice of employees as a result of affiliation
to a union or participation in union activities
• Promoting the establishment of unions which are
dominated by employers
• Permitting employers to support unions through financial
means
EMPLOYMENT CONTRACTS
CONTRACT OF
EMPLOYMENT
❖Contract of employment is the first step in determining the existence of an employment relationship between the employer and employee
Requirements of a valid contract
❖Consensus ( offer and acceptance)
❖Contractual capacity
❖Legality
❖Possibility of performance
❖Formalities(fixed term contacts & learnership contracts be in writing)
❖Contract of employment is the first
step in determining the existence of an
employment relationship between the
employer and employee
CONTRACT OF Requirements of a valid contract
❖Consensus ( offer and acceptance)
EMPLOYMENT ❖Contractual capacity
❖Legality
❖Possibility of performance
❖Formalities(fixed term contacts &
learnership contracts be in writing)
COMMON LAW DUTIES OF THE EMPLOYER AND
EMPLOYEE
• Common law duties of the Employer
• Remunerate the employee
• Provide safe and healthy working conditions
• Provide work for employee
• Not make employee perform work junior to the status for which employed
• Not to contract employee out to another employer without permission of employee
• To treat the employee with respect and dignity
Common law duties of the employee
• Perform work faithfully and with care
• To be respectful and obey all reasonable instructions
• To render services in good faith
• Not compete with the business of the employer in his private capacity
•
Nullity vs Voidable
Contracts which are null and void
• Illegal contracts (illegal terms of a contract)
• Contrary to public policy/immoral(interests of the community)
Void contracts- are without legal effect from the moment it is created. It is as if the contract never existed, and the parties
are not legally bound by its terms. Void contracts are unenforceable by law because they lack the essential elements
required to create a valid and binding agreement.
Voidable contracts
• Misrepresentation-a false or misleading statement of fact made during negotiations by one party to another, the
statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract
• Coercion- of persuading someone to do something by using force or threats
• Effect of voidable contracts on the validity of the employment contract-voidable contract is initially considered legal and
enforceable but can be rejected by one party if the contract is discovered to have defects. If a party with the power to
reject the contract chooses not to reject the contract despite the defect, the contract remains valid and enforceable.
Breach of contract occurs in instances where one party fails to comply
with the obligations of the contract.
Material and less forms of breach of contract
Material e.g. theft, harassment, fraud, violence
Less serious e.g. late coming
Common law remedies
BREACH OF ▪ Cancellation
CONTRACT ▪ Damages
▪ Specific performance
STATUTORY REMEDIES (LRA)
• Reinstatement
• Re-employment
• Compensation(amount should be fair and equitable)
STATUTORY REMEDIES LRA: BREACH OF CONTRACT
Compensation(amount
Reinstatement Re-employment should be fair and
equitable)
TERMINATION OF
CONTRACT
• Reasonable notice by either parties s37
of the BCEA
• Consent of both parties
• Death or incapacity of either party
• Insolvency of the employer
• Effluxion of time
• Operational requirements
• Dismissal
• Employees and independent contractors
• Substantive acts
• BCEA
Next session……… • EEA
