17 July 2009
	LABOUR LAW Know your rights By Lexi Fincham Make sure you're prepared to defend your rights as an employee in a recession

South Africans are beginning to feel the harsh effects of the economic recession as local businesses tighten belts to cut costs and weather the financial storm. As a result, redundancies and retrenchments are becoming increasingly widespread and total job security is a thing of the past. To protect themselves during these turbulent times, employees need to know the fundamentals of labour law. Whether you're a young graduate just entering the workplace, or a seasoned professional, it is important that you know your rights as an employee. Labour law specialist Heidi Thompson of HROS believes that all South Africans should be familiar with local labour law, and is concerned at the number of people she encounters on a daily basis who are unaware of their basic working rights. "We do quite a bit of employee rights training and have subsequently found that across 99% of the training we're involved in, employees are either not aware of their basic working rights, or believe they are entitled to rights' that don't actually exist. Most companies do endeavour to adhere to l abour l aw, but unfortunately, not all human resources practitioners and people responsible for people management in organisations know their legal obligations to their employees, as well as the rights that employees have," says Thompson. What are the basics? The Labour Relations Act 66 of 1995 (updated 2005) and the Basic Conditions of Employment Act 75 of 1997 clearly outline the fundamental rights that all SA employees should enjoy. These rights include freedom of association; protection against unfair employee discrimination or applications for employment; the right to discuss any issue pertaining to your conditions of employment with any person whom you believe is necessary or appropriate (this includes a fellow employee); protection against victimisation; the right to dignity and respect; protection against unfair dismissal; the right to work in safe conditions; the right to work in an environment that promotes fair labour practices and, finally, the right to basic conditions of employment such as regulated hours of work, overtime, remuneration and leave. South African law specifies that employers must display employees' rights on a company notice board, or in an open space, to ensure that employees are easily able to read their rights. In many cases, excerpts from the Basic Conditions of Employment Act (such as Application of the Act: Section Three) are openly displayed by companies on their premises. All employed South Africans should read through the act (which can also be downloaded from the SA labour department's website, www.labour.gov.za ) to ensure that they fully comprehend their statutory rights. How should you handle redundancy? Being made redundant can be a very stressful and emotional experience, however SA labour law does protect employees who fall victim to redundancies. Lawyer Gustav Stander, of Stander & Vermaas Incorporated, says: "One of the first measures implemented by companies during a recession is to cut expenditure. Unfortunately, employers look directly at reducing manpower and increasing the workloads of those employees who remain employed. "Being dismissed due to an employer's financial constraints is called constructive dismissal. Labour legislation is very clear on procedures to be followed in such a scenario. The process to be followed involves one of mutual consultation between employers and employees, deciding on the best possible outcome to an unfortunate situation, such as reducing working hours and reduction of salaries. "Employees and employers should be encouraged to find alternatives to address cash flow shortages, rather than resorting to dismissal," he continues. How should you resolve a legitimate dispute? Many employees with legitimate grievances choose to resign rather than pursue the matter further as they believe they don't have the money or "know how" to do so. There are, however, affordable grievance options available. Stander says: "Disputes need not always end up in forums such as the CCMA [Commission for Conciliation, Mediation & Arbitration] and consultation between parties should be encouraged." Most sectors within the labour market have workers' unions that can represent employees. Union representatives are usually well versed in formal labour law and practices and Stander suggests that these organisations should be the first stop for employees should disputes arise. "Moreover, the labour dispute forums such as the CCMA allow for self-representation by the employee, and procedures are simple to follow. CCMA staff regularly assist employees in filling out the correct forms and following the right procedures. The Legal Aid Board and law clinics run by local universities also provide efficient assistance to those who need to seek legal counsel," Stander says. Know your rights Make sure you check your employment contract thoroughly before signing, even if your employer tells you it's a standard contract. If possible, ask a legal expert to look it over before you sign. It is important that you understand absolutely everything on the document. Don't be afraid to ask questions about overtime and leave policies, including sick leave and annual leave. The general rules of the collective labour laws in SA exist to establish fairness and equality in the workplace, and to protect people from abuse, so make sure you take full advantage of your legal rights as an employee.