Employment relations are based on trust and the rights of the parties. Employees and employers enjoy very specific rights in terms of common and labour laws. Balancing these rights is critical and important to a fair and successful employment relationship. Always remember that with every right comes an obligation. In other words, workers’ rights are employers’ obligations. Employers’ rights are workers’ obligations.
In the words of Christo van Niekerk, director at SVN Attorneys, “the commercial interest of an employer and the interest of an individual employee are two opposite poles, which simultaneously enjoys the right to be protected and preserved”.
If these obligations aren’t met by one or both parties, SVN Attorneys can assist with any labour law process to ensure fair grounds on which the relationship can be repaired.
Wondering about the process of legal representation at the CCMA, click here to read more.
The aim of the CCMA is to restore sound labour and industrial relations in South African companies. SVN Attorneys has a team of expert attorneys who can assist both employers and employees in their various labour needs.
General employee rights
- not to be unfairly dismissed or discriminated against
- to be provided with appropriate resources and equipment
- to have safe working conditions
- to receive the agreed remuneration on the agreed date and time
- to receive fair labour practices
- to be treated with dignity and respect
- to non-victimisation in claiming rights and using procedures
- to leave benefits and other basic conditions of employment as stipulated in the BCEA.
Employer rights
- To expect employees to render the agreed services on the agreed days and times
- to expect employees to perform under his authorisation
- to carry out all work instructions and obey all reasonable and lawful instructions issued)
- to expect employees to display good behaviour in the workplace (to comply with company policy and procedure, and to comply with company Disciplinary Code and Procedure, and to behave in the workplace in a manner acceptable in the norms of society)
- to expect employees to act in good faith, be loyal, and have the best interests of the employer at heart at all times
- to expect employees to follow workplace rules, company policies and procedures and work performance standards
- to expect employees to strive honestly toward work objectives, and to expect employees to adhere to product specifications and quality standards
- to expect employees to use the employer’s prescribed resources and methods
- to expect employees to report to him any dishonest or unlawful practices in the workplace, including any breaches of company policies and procedures.
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