ARTICLE · 06 NOVEMBER 2023

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Labour and Employment Comparative Guide

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Labour and Employment Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries

South AfricaEmployment and HR

Natasha Coleman

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1 Legal framework

1.1 Are there statutory sources of labour and employment law?

Several statutes govern employment law in South Africa, the most relevant of which are as follows:

The Basic Conditions of Employment Act (75/1997) (BCEA) establishes and provides for the regulation of basic conditions of employment.
The Compensation for Occupational Injuries and Diseases Act (130/1993) provides for the payment of compensation for death or disablement caused by occupational injuries or diseases sustained by employees in the course of their employment.
The Constitution of the Republic of South Africa (Act 108/1996) is the supreme source of law in South Africa, which sets out the rights of citizens (including those regarding labour relations) and defines the structure of the government.

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