Since 1994, Parliament has passed a lot of new legislation that deals with labour issues.
Basic Conditions of Employment Act of 1997
This Act, which came into effect on 1 December 1998, applies to all employees and employers except the South African National Defence Force, various intelligence bodies and unpaid volunteers working for charities.
It limits the hours that may be worked in a week and regulates meal breaks and rest periods. But these conditions do not apply to all categories of workers, for example to senior managers.
The Act also sets entitlement to annual leave, sick leave, maternity leave and family-responsibility leave. It explains what workers can expect if their employment is terminated.
This legislation prohibits forced labour and the employment of children under 15, and gives the Minister of Labour the power to place restrictions on the employment of children over 15.
Labour Relations Act of 1995
The Labour Relations Act, which came into effect on 11 November 1996, intends to bring labour law into conformity with the Constitution and with international law. It recognises and regulates the rights of workers to organise and join trade unions, and the right to strike. It guarantees trade union representatives access to the workplace and regulates the right of employers to lock workers out in certain situations.
It also facilitates collective bargaining and makes provision for bargaining councils.
The Act also established a number of important bodies, such as the Commission for Conciliation, Mediation and Arbitration - which creates simple procedures for the arbitration and resolution of labour conflict - and the Labour Court and Labour Appeals Court, which adjudicate disputes.
This legislation prohibits unfair dismissal and defines a dismissal as automatically unfair if it is due to the exercise of labour rights (including participation in or support for a legal strike or protest), pregnancy, or unfair discrimination on the ground of race, gender and other grounds.
Employment Equity Act of 1998
This legislation, which came into effect on 9 August 1999, prohibits unfair discrimination on grounds of race, gender, sex, pregnancy and marital status, among other things. Affirmative action, however, is allowed.
The Act regulates medical testing, HIV testing and psychological testing.
The Act requires designated employers (for example, those with more than 50 employees) to conduct a detailed analysis of employment policies, practices, procedures and the working environment to identify barriers that adversely affect the designated groups: black people, women and people with disabilities.
Such employers need to prepare employment equity plans.
The Skills Development Act of 1998
The Act, which came into effect on 10 September 1999, aims to develop and improve the skills of the South African workforce. It provides a framework for the development of skills of people at work and establishes a number of bodies to co-ordinate and oversee the training and development of South Africa's workforce.