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
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
Recruitment Policy with no HR department
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a small company with no Human Resources department. Information Sheet R 310.00 Preview
Form EEA 2 - Employment Equity Report
Category Department of Labour
The Employment Equity Act requires designated employers to send employment equity reports to the Department. The Purpose of This Form is to gives the format for employment equity reports, incorporates the reporting requirements and contains the progress report that has to be completed. All designated employers in terms of the Employment Equity Act fills in this form, as well as employers that reports voluntarily Forms FREE Preview
LRA 7.11 Form - Part A referring a dispute to the CCMA for conciliation (including CON-ARB)
Category CCMA
THE PURPOSE OF THIS FORM - This form enables a person or organisation to refer a dispute to the CCMA for conciliation and con-arb. Employer, employee, union or employers’ organisation 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 LRA3.5 - Bargaining Council requests extension of collective agreement to non-parties
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister of Labour to extend a collective agreement to non-parties. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA3.6 - Request to extend period of, or renew, collective agreement extended to non-parties
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister of Labour to extend the period of, or renew, a collective agreement that has been extended to non-parties. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA3.7 - Bargaining council requests cancellation of notice extending collective agreement to non-parties
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister to cancel parts of, or the whole of, a collective agreement extended to non-parties. The Secretary of the Bargaining Council 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
Form LRA3.18 - Statutory council requests minister to amend or extend period of determination
Category Department of Labour
THE PURPOSE OF THIS FORM - A statutory council may submit a proposal to the Minister to amend or extend the period of any determination. Examples of a determination are an educational training scheme, a provident fund or any other collective agreement entered into between the representatives or parties to a statutory council. The Minister may make the amendment by Notice in the Government Gazette. The Secretary of the statutory council fills in this form. Forms FREE Preview
Form LRA3.19 - Statutory council applies to register as a bargaining council
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a statutory council to register as a Bargaining Council. The Registrar will have to establish whether the parties to the council are sufficiently representative and whether adequate provision is made in the proposed constitution of the Bargaining Council for the representation of small and medium enterprises. The Secretary of the statutory council fills in this form. Forms FREE Preview
Form LRA3.20 - Council submits particulars of representativeness of its registered scope
Category Department of Labour
THE PURPOSE OF THIS FORM - This form provides the Registrar with information to decide whether or not a Council is representative within its registered scope. The Secretary of the Council fills in this form. Forms FREE Preview
Form LRA3.20B - Council submits particulars of representativeness of its registered scope
Category Department of Labour
THE PURPOSE OF THIS FORM - This form provides the Registrar with information to decide whether or not a Council is representative within its registered scope. The Secretary of the Council fills in this form. Forms FREE Preview
Form LRA3.22 - Council applies for variation of scope of registration
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a Council to vary its scope of registration. The Council thinks that its sector and area which made up its previous scope has changed. The scope of registration can be increased or decreased. The Secretary of the Council fills in this form. Forms FREE Preview
Form LRA4.4 - Notice to NEDLAC about possible protest action
Category Department of Labour
THE PURPOSE OF THIS FORM - This form notifies NEDLAC that a trade union or a trade union federation is considering protest action. The Secretary of a trade union or trade union federation fills in this form. Forms FREE Preview
Form LRA4.5 - Notice to NEDLAC of intention to proceed with protest action
Category Department of Labour
THE PURPOSE OF THIS FORM - This form notifies NEDLAC that a trade union or a trade union federation intends proceeding with protest action. The Secretary of the trade union or trade union federation fills in this form. Forms FREE Preview
Form LRA6.2 - Registration of an Employers’ Organisation
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by an employers’ organisation to apply for registration with the Department of Labour. The Secretary of the Employers’ Organisation fills in this form. Forms FREE Preview
Form LRA6.8 - Number of employers' organisation members
Category Department of Labour
THE PURPOSE OF THIS FORM - Every registered employers’ organisation has a duty to keep a record of its members. The Secretary of the employers’ organisation fills in this form. 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
Regulations on Hazardous Work by Children - Part 1
Category Department of Labour
Regulations on Hazardous Work by Children - Part1 Forms FREE Preview
Regulations on Hazardous Work by Children - Part 2
Category Department of Labour
Regulations on Hazardous Work by Children - Part 2 Forms FREE Preview
Regulations on Hazardous Work by Children - part 3
Category Department of Labour
Regulations on Hazardous Work by Children - Part 3 Forms FREE Preview
Domestic worker employment contract - English
Category Department of Labour
Sample - Domestic worker employment contract - English. Written particulars (Domestic Worker) Forms FREE Preview
Written Particulars of Employment CCMA
Category CCMA
Information sheet by the CCMA on Written Particulars of Employment - In terms of the law, when an employee starts to work for the employer, certain details must be written down. These may form part of a written contract of employment. Forms FREE Preview
Form UI 2.5 - Application for dependant benefits by spouse
Category UIF
Form UI 2.5 - Application for dependant benefits by surviving spouse or life partner - Unemployment insurance act 63 of 2001 application for dependant’s benefits by surviving spouse or life partner in terms of section 31(1) Read with Regulation 7(1) 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
Vulnerable employees - Part time employment
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 95.00 Preview
Statistics EAP 2014 CEE Report Part 1
Category Department of Labour
The 2013/2014 Annual Report of the Commission for Employment Equity (CEE) as published by the Department of Labour. Forms FREE Preview
Statistics EAP 2014 CEE Report Part 2
Category Department of Labour
The 2013/2014 Annual Report of the Commission for Employment Equity (CEE) as published by the Department of Labour. Forms FREE Preview
Statistics EAP 2014 CEE Report Part 3
Category Department of Labour
The 2013/2014 Annual Report of the Commission for Employment Equity (CEE) as published by the Department of Labour. Forms 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
How does section 198C work - flow diagram
Category Amendment acts
How does section 198C work? Section 198C Applies to PART TIME employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
POPIA toolkit - General notice to third parties
Category Toolkit
POPIA toolkit - General notice to third parties Template R 950.00 Preview
Affidavit in opposition to condonation application
Category CCMA and B/councils
How to oppose an application for condonation in terms of rule 9 of the CCMA rules, of any referral document or application delivered outside of the applicable time periods as set by the CCMA rules Template R 270.00 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
Regulation of Work time - Chapter 2
Category Basic Conditions of Employment
Work time must be regulated taking into consideration the health and safety of the employees and the code of good practice on regulation of work time and the family responsibilities of employees. Information Sheet R 110.00 Preview
Form LRA9.1 - Employer’s record of employee’s earnings, deductions and time worked
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is a record of employees’ hours of work and their wages. The form assists inspectors and designated agents to check that certain minimum standards in terms of any collective agreement, award or determination is kept by employers. The employer fills in this form. 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
Work Times CCMA
Category CCMA
Information sheet by the CCMA on Work Times - This does not apply to senior managers, travelling sales staff or people who work less than 24 hours a month. Employees earning more than R205 433.30 a year are also excluded. (2014) Forms FREE Preview
Affidavit in opposition to condonation application - pdf
Category CCMA and B/councils
How to oppose an application for condonation in terms of rule 9 the of CCMA rules, of any referral document or application delivered outside of the applicable time periods as determined by the CCMA Rules. Information Sheet R 255.00 Preview
Vulnerable employees - Part time employment
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 95.00 Preview
Wasting time or idling
Category Spesific transgressions
This is getting more and more a problem for employers where employees are spending their work time on social media sites or on their phones or play on the internet or watch pornography over the internet in work time. Another example is employees taking extended breaks such as lunch breaks, tea breaks or smoke breaks, gossiping at other’s work stations. Information Sheet R 95.00 Preview
How does section 198C work - flow diagram
Category Amendment acts
How does section 198C work? Section 198C Applies to PART TIME employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
POPIA toolkit - Simple time management planner
Category Toolkit
POPIA toolkit - Simple time management planner Template R 450.00 Preview
Chairing and initiating in disciplinary hearing
Category Disciplinary hearings
A comprehensive guide to managers and Human Recourses how to investigate misconduct, charge employees, initiate and chair a disciplinary hearing. It includes topics such as procedural and substantive fairness, schedule 8 of the LRA, progressive discipline, codes of conduct, charges, suspension, preparing for the hearing, how to conduct a hearing, leading and cross examining witnesses, evaluating evidence, making a finding, mitigation and aggravation and sanction. Publication R 310.00 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
Managing Conflict and Union representation
Category Trade Unions
A comprehensive guide on keeping the peace and managing conflict with Trade Unions; Employee representatives; Union representatives; strikes and picketing. Publication R 310.00 Preview
Polygraph testing and the Law
Category Polygraph testing
This publication details the rights of employees and employers surrounding the use of polygraph testing and results. The paper discusses the admissibility of such results and the persuasive value in disciplinary hearings. Publication R 150.00 Preview
Entrapment and employees
Category Disciplinary hearings
An information sheet on the rights surrounding polygraph testing in the workplace. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. Information Sheet R 95.00 Preview
How to deal with Union misconduct – Part 1
Category Unions and collective bargaining
An information sheet detailing liability of Union & Union official in the work place. Unions cannot escape the conduct of its members, officials and shop stewards and can be held liable for delictual damages due to the fault of the Union which caused a loss to the employer. Information Sheet R 650.00 Preview
How to suspend employees
Category Suspension
An information sheet on the law surrounding suspension with pay, pending an investigation into an alleged misconduct, in order to prevent the employee from interfering with the investigation. Information Sheet R 150.00 Preview
Imprisoned employees and other cases
Category Disciplinary hearings
An information sheet dealing with incapacity related to imprisonment of employees and case law. Employers who dismiss an employee due to imprisonment must follow schedule 8 of the LRA and needs to consider the reasons for the incapacity, the extent of the incapacity, whether it is permanent or temporary, and whether any alternatives to dismissal do exist. Information Sheet R 110.00 Preview
Job offer
Category Employment agreements
A contract executed in two parts in the form of an offer and acceptance. Completed together, the two documents comprise of a fully fledged contract of employment with a probationary term. Information Sheet R 150.00 Preview
Suspension as alternative
Category Suspension
An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. Information Sheet R 70.00 Preview
Suspension as alternative
Category Suspension
An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. Template R 85.00 Preview
LRA 7.21 Form - Request for advisory award on whether a person is an employee
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the CCMA to issue an advisory award determining whether a person is an employee. WHO FILLS IN THIS FORM? The parties to any working arrangement may request an advisory award provided the affected person/s earn R149.736 per annum or less. Forms FREE Preview
Form LRA9.1 - Employer’s record of employee’s earnings, deductions and time worked
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is a record of employees’ hours of work and their wages. The form assists inspectors and designated agents to check that certain minimum standards in terms of any collective agreement, award or determination is kept by employers. The employer fills in this form. Forms FREE Preview
Constructive Dismissal CCMA
Category CCMA
Information sheet by the CCMA on Constructive Dismissal - Constructive dismissal is where an employee resigns with or without a notice or leaves employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer. Forms FREE Preview
Disciplinary Procedures CCMA
Category CCMA
information sheet by the CCMA on Disciplinary Procedures - The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. Forms FREE Preview
Drunkenness On Duty CCMA
Category CCMA
information sheet by the CCMA on Drunkenness On Duty - Drunkenness on duty and partaking of alcohol on duty (whether or not the employee is intoxicated) may constitute misconduct. Forms FREE Preview
Employment v Independent Contractor CCMA
Category CCMA
Information sheet by the CCMA on Employment v Independent Contractor - The employment contract serves as the foundation for the relationship between an employee and that employee’s employer. It is also the starting point for the entire system of labour law rules. Forms FREE Preview
Misconduct CCMA
Category CCMA
Information sheet by the CCMA on Misconduct (1) - Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. The law promotes the principle of progressive discipline. Forms FREE Preview
Pre-Dismissal Arbitrations CCMA
Category CCMA
Information sheet by the CCMA on Pre-Dismissal Arbitrations - It often happens that an employee (more often a senior employee) and employer consent to a disciplinary enquiry relating to conduct or capacity being chaired by a neutral outside party. Forms FREE Preview
Retrenchment in Terms of Section 189A CCMA
Category CCMA
Information sheet by the CCMA on Retrenchment in Terms of Section 189A - This section applies to employers employing more than 50 employees. Forms FREE Preview
EE Questionaire employees
Category Employment Equity
An EEA checklist form for employees from the employer ensuring Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. Information Sheet R 110.00 Preview
EE Questionaire employees
Category Employment Equity
An EEA checklist form for employees from the employer ensuring Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. Template R 125.00 Preview
Entrapment and employees
Category Discipline
An information sheet on the rights surrounding polygraph testing in the workplace. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. Articles FREE Preview
How to deal with Union misconduct - Part 2
Category Discipline
Part 2. An information sheet detailing what protection unions and employees have in terms of labour legislation and their liability, if any, in the event of protected or unprotected strike action. Articles FREE 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
Counselling of Employees
Category Counselling
Counselling is the first step of addressing or correcting the behaviour of the employee. It is an invaluable way of ensuring that the employee knows the rule and cannot later claim ignorance. It is also a way of correcting the behaviour of the employee at a stage when the employee is not up for disciplinary measures yet. Information Sheet R 60.00 Preview
Vulnerable employees - Part time employment
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 95.00 Preview
Vulnerable employees - Temporary employment
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 95.00 Preview
Vulnerable employees - Temporary employment Services
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 130.00 Preview
Employee restraint of trade
Category Employment agreements
In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings Template R 215.00 Preview
Employee restraint of trade
Category Employment agreements
In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings Information Sheet R 200.00 Preview
How Does Section 198 Work - Flow Diagram
Category Amendment acts
How does section 198 and 198D work? Section 198 Applies to all TES employees earning above and below sec 6(3) Information Sheet R 75.00 Preview
How does section 198A work - flow diagram
Category Amendment acts
How does section 198A work - Section 198A Applies to TES employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
How does section 198C work - flow diagram
Category Amendment acts
How does section 198C work? Section 198C Applies to PART TIME employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
Simple Job Offer
Category Employment agreements
This is a Template Job Offer - for employee and employer to sign when hiring a new employee. Template R 95.00 Preview
POPIA toolkit - Consent form employees others
Category Toolkit
POPIA toolkit - Consent form employees, others Template R 950.00 Preview
POPIA toolkit - NDA for employees and directors
Category Legislation
POPIA toolkit - NDA for employees and directors Template R 950.00 Preview
Total Hits: 85