SA Labour and Employment Law Documents

At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications. 

Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.

From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.

For more information you can contact Labour Smart at 012 345 2955


Main Category
Sub Category
Document Type
Keywords
Title Description Type Price
Conducting Arbitrations in the CCMA and Bargaining Councils
Category CCMA and B/councils
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. Publication R 330.00 Preview
Automatic Unfair Dismissals
Category Dismissal
A dismissal is automatically unfair in terms of section 187 of the LRA if the employer dismisses an employee for reasons relating to organisational rights or for reasons relating to unfair discrimination, participation in a protected strike or pregnancy. Information Sheet R 150.00 Preview
Discussion paper - Recruitment and employment equity
Category Employment Equity
This publication deals with the recruitment process and employment equity. It considers the right of applicants not to be unfairly discriminated against, the right to privacy, medical testing, psychometric testing, affirmative action and managerial prerogative. Information Sheet R 450.00 Preview
Disputes about unfair dismissals
Category Dismissal
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. Information Sheet R 285.00 Preview
Promotion, a right or a privilege
Category Unfair labour practices
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. Information Sheet R 110.00 Preview
Unfair dismissal
Category Dismissal
The code of good practice on dismissal is a vitally important document in the Labour Relations Act, which should be studied by any party referring or defending a dispute in the CCMA or a council relating to dismissal and incapacity cases. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. Information Sheet R 360.00 Preview
Condonation Application - Unfair Labour Practice (CCMA)
Category CCMA
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute Forms FREE Preview
Con-Arb CCMA
Category CCMA
Information sheet by the CCMA on Con-Arb - Section 191 now makes provision for the con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. (Mar 2002) Forms FREE Preview
Unfair Labour Practice CCMA
Category CCMA
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. Forms FREE Preview
Basic Guide to Unfair Discrimination
Category Department of Labour
Employers must remove unfair discrimination from their policies and practices. It is not unfair to discriminate when you apply affirmative action. Forms FREE Preview
Basic Guide to Unfair Dismissal and Unfair Labour Practices
Category Department of Labour
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. Forms FREE Preview
Unfair Discrimination Against Transsexuals
Category Case Studies
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. Information Sheet R 110.00 Preview
Unfair Discrimination Against Transsexuals
Category Case Studies
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. Template R 125.00 Preview
Equal pay for work of equal value
Category Employment Equity
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. Information Sheet R 130.00 Preview
Equal pay for work of equal value
Category Employment Equity
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. Template R 145.00 Preview
Amendments to Labour legislation
Category Amendment acts
Summary of the latest amendments to the labour legislation of 2014, discussing the amendments to the LRA, BCEA, EEA and the Employment Conditions Bill. Publication R 240.00 Preview
Conducting Arbitrations in the CCMA and Bargaining Councils
Category CCMA and B/councils
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. Publication R 330.00 Preview
Introduction to basic labour relations
Category Basic Conditions of Employment
An introduction to the Labour Relations Act No 66 of 1995 (as amended) as well as the Basic Conditions of Employment Act no 75 of 1997 and an explanation of the duties; obligations and content of rights in the workplace. Publication R 250.00 Preview
BCEA Forms available from the DoL website
Category Department of Labour
A list of BCEA forms available from the Department of Labour website (also available from the LabourSmart website) Information Sheet FREE Preview
Confirmationary affidavit
Category CCMA and B/councils
A confirmatory affidavit is needed when a person is mentioned in the primary affidavit. The cautionary rules of evidence prescribe that without an affidavit confirming the correctness of what is averred in the primary application, the evidence is hearsay and inadmissible. A confirmatory affidavit only serves to confirm the details in so far as they relate to that person. Information Sheet R 95.00 Preview
Confirmationary affidavit
Category CCMA and B/councils
A confirmatory affidavit serves to confirm the version stated in the main application in so far as it relates to the person confirming. Template R 240.00 Preview
Disputes about unfair dismissals
Category Dismissal
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. Information Sheet R 285.00 Preview
Example of Index
Category CCMA and B/councils
An example of an index to be used in compilation of bundles of evidence and documents exchanged. Information Sheet R 110.00 Preview
Example of Index
Category CCMA and B/councils
Template of an index to be used in proceedings. Template R 150.00 Preview
Grievance form
Category Grievances
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Information Sheet R 70.00 Preview
Labour inspectors
Category Labour related legislation
Labour inspectors must advise employees and employers on their rights and obligations in terms of employment laws. They conduct inspections, investigate complaints and may question persons and inspect, copy and remove records and other relevant documents. Information Sheet R 70.00 Preview
Promotion, a right or a privilege
Category Unfair labour practices
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. Information Sheet R 110.00 Preview
EEA 5 - Written Undertaking
Category Department of Labour
The purpose of this form is to obtain a written undertaking from the employer in terms of Section 36 to comply with the requirements of the Employment Equity Act, 55 of 1998, as amended. An employer, assisted by a labour inspector completes this form. Forms FREE Preview
EEA 6 Form - Compliance Order
Category Department of Labour
This form is used to issue a compliance order to an employer who has failed to comply with sections 16, 17, 19, 22, 24, 25 or 26 of the Employment Equity Act, 55 of 1998, as amended. Failure to comply with this compliance order may result in the Director-General applying to the Labour Court, to make this compliance order an order of the Labour Court. A labour inspector fills in this form and the form goes to the employer. Forms FREE Preview
LRA 3.13 Form - Referring public service jurisdictional disputes for arbitration
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. Forms FREE Preview
Form LRA3.1 - Conscientious objector requests agency fee to be paid to Department
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests an employer to pay an amount deducted from a conscientious objector’s wage into a fund administered by the Department of Labour. The employee who is a conscientious objector fills in this form. Forms FREE Preview
Form LRA3.2 - Referring public service jurisdictional disputes for arbitration
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. Forms FREE Preview
Form LRA3.8 - Council requests appointment of designated agent
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister to appoint an agent to help the Council enforce its collective agreements. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA3.11 - Amalgamating bargaining council applies for registration
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by Bargaining Councils who wish to amalgamate (to join together) to apply for registration. After registration of the new Council the Registrar cancels each of the separate Bargaining Council's registration. The Secretary of the amalgamating Bargaining Councils fills in this form. Forms FREE Preview
Form LRA3.15 - Employers' organisation applies for establishment of a statutory council
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a representative employers' organisation which wants to establish a statutory council. A representative employers' organisation means a registered employers' organisation, or two or more registered employers' organisations acting jointly, whose combined employees constitute at least 30% of the employees in a sector and area. There can be no other council registered for that sector or area. The Secretary of the employers' organisation fills in this form. Forms FREE Preview
Form LRA3.17 - Submission of collective agreement of statutory council to minister for promulgation as a determination
Category Department of Labour
THE PURPOSE OF THIS FORM - A statutory council that is not sufficiently representative within its registered scope may submit a collective agreement as a recommendation to the Minister for promulgation as a determination under the Basic Conditions of Employment Act, 1997. The Secretary of a statutory council fills in this form. Forms FREE Preview
Condonation Application - Unfair Labour Practice (CCMA)
Category CCMA
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute Forms FREE Preview
Unfair Labour Practice CCMA
Category CCMA
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. Forms FREE Preview
Education Labour Relations Council
Category Bargaining councils
Information sheet on the Education Labour Relations Council by LabourSmart - Basic information and contact details. Forms FREE Preview
Form UI 19 - Employers Declaration of Employees
Category UIF
Form UI 19 - Employers Declaration of Employees - Information to be supplied in terms of Section 56(1&3) read with Regulation 13(1&2) Forms FREE Preview
Basic Guide to Child Labour
Category Department of Labour
In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts. Children aged 15 to 18 may not be employed to do inappropriate work. Forms FREE Preview
Basic Guide to Unfair Dismissal and Unfair Labour Practices
Category Department of Labour
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. Forms FREE Preview
Checklist Section 197 of Labour Relations Act
Category Transfer of business
Section 197 of the LRA must be strictly adhered to . This is a handy checklist to be used for the sale or transfer of any business, trade, undertaking or service or any part thereof, as a going concern to ensure compliance with the LRA. Information Sheet R 225.00 Preview
The labour broker, the employee and the client
Category Employment agreements
A consideration of the rights of a Labour Broker's employee, the role of the client of the Labour Broker and the actual Labour broker in light of a discussion through case law. Articles FREE Preview
Labour Relations Act Amended 2014
Category Department of Labour
The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace. (2014) Forms FREE Preview
New CCMA Rules 2015
Category CCMA
The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages) Information Sheet FREE Preview
Amended Labour Relations Act - pdf
Category Department of Labour
The Labour Relations Act (by The Department of Labour) No. 66 of 1995: as amended by Labour Relations Amendment Act, No 42 of 1996, Proclamation, No 66 of 1996, Labour Relations Amendment Act, No 127 of 1998, Labour Relations Amendment Act, No 12 of 2002. Information Sheet FREE Preview
Conducting Arbitrations in the CCMA and Bargaining Councils
Category CCMA and B/councils
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. Publication R 330.00 Preview
Code of conduct expanded public works
Category Codes of good practice
The Code of Good Practice for Employment and Conditions of Work for Expanded Public Works Programmes. Published in terms of section 87(2) of the Basic Conditions of Employment Act No 75 of 1997. Forms FREE Preview
Code of conduct on regulation of work time
Category Codes of good practice
The Code of Good Practice on the Arrangement of Working Time published in terms of section 87(1)(a) of the Basic Conditions of Employment Act No 75 of 1997. Forms FREE Preview
Code of Good Practice Basic Conditions of Employment and Pregnancy GG
Category Codes of good practice
A code of good practice promulgated in terms of section 87(1)(b) of the BCEA dealing with the protection of female employees during pregnancy and after birth. Information Sheet FREE Preview
Grievance form
Category Grievances
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Information Sheet R 70.00 Preview
Promotion, a right or a privilege
Category Unfair labour practices
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. Information Sheet R 110.00 Preview
Schedule 8 of the LRA
Category Codes of good practice
The code of good practice on dismissal is a code which provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. Information Sheet R 255.00 Preview
Condonation Application - Unfair Labour Practice (CCMA)
Category CCMA
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute Forms FREE Preview
Code of Good Practice - Disability in the workplace
Category Department of Labour
Code of good practice on key aspects of disability in the workplace. Forms FREE Preview
Code of Good Practice - Dismissals
Category Department of Labour
Code of Good Practice on Dismissals - This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. Forms FREE Preview
Code of Good Practice - Operational Requirements
Category Department of Labour
Code of Good Practice on Operational Requirements - This Act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. Forms FREE Preview
Code of Good Practice - Picketing
Category Department of Labour
Code of Good Practice on Picketing - This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out. Forms FREE Preview
Code of Good Practice - Sexual harassment
Category Department of Labour
Code of Good Practice on Sexual harassment - The objective of this code is to eliminate sexual harassment in the workplace. Forms FREE Preview
Code of Good Practice - Pregnancy / Afterbirth
Category Department of Labour
The Code of Good Practice on Pregnancy and Afterbirth assists employers to know the rights and duties in the accommodation and treatment of pregnant employees; as well as to assist employees to know their rights. Forms FREE Preview
Code of Good Practice - HIV / AIDS and employment
Category Department of Labour
Code of good practice on key aspects of HIV / AIDS and employment Forms FREE Preview
Code of Good Practice on the Arrangement of Working Time
Category Department of Labour
Code of good practice on the arrangement of working time Forms FREE Preview
Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices - Part 1
Category Department of Labour
Code of Good Practice - The integration of employment equity into human resource policies practices - Part 1 Forms FREE Preview
Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices - Part 2
Category Department of Labour
Code of Good Practice - The integration of employment equity into human resource policies practices - Part 2 Forms FREE Preview
Code of Good Practice on the Integration of Employment Equity into Human Resources Policies
Category Department of Labour
Code of Good Practice - The integration of employment equity into human resources policies Forms FREE Preview
Unfair Labour Practice CCMA
Category CCMA
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. Forms FREE Preview
Basic Guide to Unfair Discrimination
Category Department of Labour
Employers must remove unfair discrimination from their policies and practices. It is not unfair to discriminate when you apply affirmative action. Forms FREE Preview
Basic Guide to Unfair Dismissal and Unfair Labour Practices
Category Department of Labour
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. Forms FREE Preview
The Employment Equity Act, No. 55 of 1998 & The Employment Equity Amendment Act 47 of 2013 - Practical Overview
Category Employment Equity
The Employment Equity Act, No. 55 of 1998 (EEA) deals with rights which are protected in our Constitution. Chapter 2 of the Bill of Rights, as contained in the Constitution of South Africa, enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom. The EEA affirms the rights of employees to equity and fairness in the work place. Publication R 220.00 Preview
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DL7 - Managing HR Challenges

Every Manager and HR practitioner is faced with challenges on a daily basis. In order to manage employees, the manager needs to know how to deal with ...

  • Distance Learning
  • 11 August 2020 @ 09:00
  • R 950.00