Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part C : Protection of Employees against Discrimination

78. Rights of employees

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(1)Every employee has the right to—
(a)make a complaint to a trade union representative, a trade union official or a labour inspector concerning any alleged failure or refusal by an employer to comply with this Act or the National Minimum Wage Act, 2018;
(b)discuss his or her conditions of employment with his or her fellow employees, his or her employer or any other person;
(c)refuse to comply with an instruction that is contrary to this Act, the National Minimum Wage Act, 2018, or any sectoral determination;
(d)refuse to agree to any term or condition of employment that is contrary to this Act, the National Minimum Wage Act, 2018, or any sectoral determination;
(e)inspect any record kept in terms of this Act or the National Minimum Wage Act, 2018, that relates to the employment of that employee;
(f)participate in proceedings in terms of this Act;
(g)request a trade union representative or a labour inspector to inspect any record kept in terms of this Act and that relates to the employment of that employee.

 

(2)Every trade union representative has the right, at the request of an employee, to inspect any record kept in terms of this Act or the National Minimum Wage Act, 2018, that relates to the employment of that employee.

 

[Section 78 substituted by section 22 of Notice No. 1302, GG 42059, dated 27 November 2018]