Editing Labour law (section)

=== South Africa ===
{{Main|South African labour law}}
South African labour law is regulated by the [[Department of Employment and Labour]] and is based on the Labour Relations Act (LRA) 66 of 1995, which regulates the relationship between and rights of employers, employees and trade unions. The LRA also gives effect to Section 23 of the [[Constitution of South Africa|Constitution]]. The LRA lays out the procedures for dispute resolution via the Commission for Conciliation, Mediation and Arbitration (CCMA) and establishes the [[Labour Court of South Africa|Labour Court]] and [[Labour Appeal Court of South Africa|Labour Appeal Court]] as superior courts with exclusive jurisdiction to decide matters arising from the Act.<ref>{{Cite web |title=Labour Relations Act 66 of 1995 {{!}} South African Government |url=https://www.gov.za/documents/labour-relations-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2022-11-16 |archive-url=https://web.archive.org/web/20221116122012/https://www.gov.za/documents/labour-relations-act |url-status=live }}</ref>

The Labour Relations Act also regulates the issue of fairness, not only in termination but during employment. In 1998, most of the laws on unfair labour practices were removed from the Labour Relations Act and placed into the newly formed Employment Equity Act (EEA). The EEA also deals with issues such as fairness regarding a worker's human immunodeficiency virus (HIV) status or disability, as well as the issue of affirmative action.

Prior to 1995, an employee could be dismissed in terms of the contract of employment, which could permit any reason for dismissal. Since 1995, an employee may be dismissed only for misconduct, operational reasons and incapacity, given that procedural fairness is maintained. The Labour Relations Act 1995 is a pivotal piece of legislation, as it recognises the need for fast and easy access to justice in labour disputes. The Industrial Court had the status of a High Court, and therefore was not accessible to all labourers.

The Basic Conditions of Employment Act (BCEA), the Health and Safety Act and the [[Skills Development Act, 1998|Skills Development Act]], must be read with the EEA. The Skills Development Act provides that a small percentage of a labourer's salary must be contributed to the Department of Labour, enabling certain workshops to be run which are designed to develop skills.<ref>{{Cite web |title=Basic Conditions of Employment Act 75 of 1997 {{!}} South African Government |url=https://www.gov.za/documents/basic-conditions-employment-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2022-11-16 |archive-url=https://web.archive.org/web/20221116122023/https://www.gov.za/documents/basic-conditions-employment-act |url-status=live }}</ref><ref>{{Cite web |title=Occupational Health and Safety Act 85 of 1993 {{!}} South African Government |url=https://www.gov.za/documents/occupational-health-and-safety-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312013717/https://www.gov.za/documents/occupational-health-and-safety-act |url-status=live }}</ref><ref>{{Cite web |title=Skills Development Act 97 of 1998 {{!}} South African Government |url=https://www.gov.za/documents/skills-development-act |access-date=2022-11-16 |website=www.gov.za |archive-date=2022-11-16 |archive-url=https://web.archive.org/web/20221116122024/https://www.gov.za/documents/skills-development-act |url-status=live }}</ref>