What are the rights of an employee under the BCEA?
Employee rights – Basic Conditions of Employment Act. In terms of section 78 of the BCEA, the employee is entitled to the following legal rights: (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 …
What are the rights and obligations of an employer?
It must always be remembered that with every right there is an obligation. In other words the rights of the employee are the obligations of the employer; and the rights of the employer are the obligations of the employee. to leave benefits and other basic conditions of employment as stipulated in the BCEA.
How are human rights issues addressed in the workplace?
For more information about proactively establishing a human rights strategy to prevent and address discrimination, refer to Section IV-1a) – “Strategy to prevent and address human rights issues.” All employers are responsible for dealing effectively, quickly and fairly with situations involving claims of harassment or discrimination.
Do you have a common law duty to protect your employees?
It was also found that an employer has a common law duty to its employees to take reasonable care for their safety and also found that this duty cannot be confined to an obligation to take reasonable steps to protect employees only from physical harm caused by what may be called physical hazards.
What should I do if my employer is violating my civil rights?
If workers hold a good-faith belief that their employer is violating the law, then the statutes above can give them protection from retaliation. They should also file a complaint to their employer or a federal agency, or perform any of the following in terms of state law: What are Some Examples of Civil Rights Violations?
What are some workplace laws your employer may be violating?
1 Using prohibited questions on job applications. 2 Insisting you can’t discuss your salary with your co-workers. 3 Failing to pay you overtime. 4 Promising jobs to unpaid interns. 5 Asking or allowing you to work off the clock. 6 Classifying you as an independent contractor, but treating you like an employee.
When is workplace harassment a civil rights violation?
However, recurring or serious workplace harassment is only illegal if it either causes a hostile work environment or leads to an adverse decision regarding one’s employment. When a worker reports a particular violation of the law committed by their employer, they are referred to as a whistleblower.
Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB. Threats to employees that they will lose their jobs unless they support the union.