I
MRL3702 Exam Pack &
Study Guide 2025 |
Tutorial Letter 102 |
Labour Law Summaries
& Q&A
MRL3702 – Labour Law
MRL3702 Labour Law
Study Guide 2025
(Tutorial 102) – Chapter
Summaries & Exam Prep
,MRL3702/102/3/2025
This MRL3702 Tutorial Letter 102/3/2025 serves as the official UNISA study guide
for Labour Law, providing a structured, chapter-by-chapter summary of the
prescribed textbook The Essential Labour Law Handbook (8th edition, 2024) for
both Semester 1 and 2 students. The document outlines all prescribed chapters
(1–21, excluding read-only sections) and breaks down the core content into four
digestible study units: the contract of employment and common law duties, the
statutory definition of "employee" and the distinction from independent
contractors, non-standard employment categories (fixed-term, part-time, and
TES), and an introduction to minimum standards legislation. This resource is
essential for understanding the foundational concepts tested in examinations,
including the tests for employment status, vicarious liability, restraint of trade,
and the interplay between the LRA, BCEA, NMWA, and EEA.
Tuto'rial Letter 102/3/2025
LABOUR LAW
MRL3702
Semesters 1 and 2
Department of Mercantile Law
This tuto'rial letter contains im'portant information about your mod'ule.
BARCODE
2
MRL3702/102/3/2025
Dear Student
1. INTRODUCTION
Welcome to' the Labour Law mod'ule (MRL3702). We hope that you will find
studying the mod'ule
interesting and rewarding. We will do our best to' help you complete this mod'ule
successfully. Please note
that this learning material only provides guidance (a summary) to' assist you in
going through and
understanding the prescribed b0ok. You must therefore have a copy of the
prescribed b0ok and
study it.
2. THE PRESCRIBED b0ok
The prescribed b0ok for this mod'ule is:
,You must purchase the prescribed b0ok and work through it with the help of this
Study Guide.
Please take note that only the following chapters of the prescribed b0ok are
prescribed for this
mod'ule: chapters 1 (read only); 2; 3; 4; 5; 6; 7; 8; 9; 11; 12; 13 (read only); 14; 15; 16; 17;
18; 19; 20
and 21.
3. OVERVIEW OF THE PRESCRIBED b0ok
The prescribed b0ok consists of four parts:
PART 1: INTRODUCTION
PART 2: THE INDIVIDUAL EMPLOYMENT RELATIONSHIP
PART 3: EMPLOYMENT EQUITY AND AFFIRMATIVE ACTION
PART 4: COLLECTIVE LABOUR LAW
PART 5: DISPUTE RESOLUTION
A. GENERAL INFORMATION
Garbers C et al The Essential Labour Law Handb0ok 8th
edition (2024)
3
MRL3702/102/3/2025
B. STUDY UNITS
4
MRL3702/102/3/2025
STUDY UNIT 1
INTRODUCTION to' LABOUR LAW
OUTCOMES:
At the endof this chapter, you shouldbeable to'
• Have the general overview of what the South African labour law entails;
relevant stakeholders, roles and
responsibilitiesofdifferentcharacters in theemployment relationship.
CHAPTER 1 IS ONLY FOR READING PURPOSES.
5
MRL3702/102/3/2025
STUDY UNIT 2
THE CONTRACT OF EMPLOYMENT AND ITS RELATIONSHIP WITH
LABOUR LEGISLATION
2.1 PRESCRIBED MATERIAL
• Chapter 2 of The Essential Labour Law
2.2 GENERAL INTRODUCTION
A contract of employment, just like any other type of contract, is regulated by
common law. Note that
, in cases where a specific labour matter is not covered by the LRA or any other
labour legislation, common
law will apply. In order for a contract of employment to' be valid, the parties to'
the contract must have
satisfied all of common law requirements for the conclusion of a valid contract.
There are also common
law duties which parties must comply with during the employment relationship.
These are in line with African values of humaneness and fairness which require
parties to' adhere to' certain
rules in order for their acts to' be approved and that if a party has a duty to' do
something he or she must
do it in line with what was agreed upon, and failure to' do so will be a breach
which has consequences.
2.3 im'portant MATTERS to' UNDERSTAND
This study unit deals with the contract of employment and its relationship with
labour legislation.
2.3.1 Development of the employment contract
Study par 2.1.1 of the prescribed b0ok.
In Roman law, a distinction was made between letting and hiring of some physical
object or thing (the
locatio conductio rei) and two other forms of letting and hiring. The locatio
conductio operis related
to' the letting and hiring of a specific piece of work, for example, the contract for
an independent
contracto'r engaged to' do a specific piece of work. The locatio conductio
operarum related to' the
letting and hiring of someone’s personal services in exchange for remuneration,
for example
a contract of employment.
OUTCOMES
After you have completedthis Chapter, you shouldbeable to'
• explain how anemploymentcontract is constitutedandby who;
• understandthe role andeffecto'f the Constitutionand other labour laws in the
employmentcontract;
• listandexplainthedutiesof theemployee;
• listandexplainthedutiesof theemployer;
• explain whatare thetermsandconditionsofemployment;
• understandthe extento'f thefreedom enjoyed by theparties inthe
conclusionofemploymentcontract;
• explaina restrainto'f tradeclause inanemploymentagreement;
MRL3702 Exam Pack &
Study Guide 2025 |
Tutorial Letter 102 |
Labour Law Summaries
& Q&A
MRL3702 – Labour Law
MRL3702 Labour Law
Study Guide 2025
(Tutorial 102) – Chapter
Summaries & Exam Prep
,MRL3702/102/3/2025
This MRL3702 Tutorial Letter 102/3/2025 serves as the official UNISA study guide
for Labour Law, providing a structured, chapter-by-chapter summary of the
prescribed textbook The Essential Labour Law Handbook (8th edition, 2024) for
both Semester 1 and 2 students. The document outlines all prescribed chapters
(1–21, excluding read-only sections) and breaks down the core content into four
digestible study units: the contract of employment and common law duties, the
statutory definition of "employee" and the distinction from independent
contractors, non-standard employment categories (fixed-term, part-time, and
TES), and an introduction to minimum standards legislation. This resource is
essential for understanding the foundational concepts tested in examinations,
including the tests for employment status, vicarious liability, restraint of trade,
and the interplay between the LRA, BCEA, NMWA, and EEA.
Tuto'rial Letter 102/3/2025
LABOUR LAW
MRL3702
Semesters 1 and 2
Department of Mercantile Law
This tuto'rial letter contains im'portant information about your mod'ule.
BARCODE
2
MRL3702/102/3/2025
Dear Student
1. INTRODUCTION
Welcome to' the Labour Law mod'ule (MRL3702). We hope that you will find
studying the mod'ule
interesting and rewarding. We will do our best to' help you complete this mod'ule
successfully. Please note
that this learning material only provides guidance (a summary) to' assist you in
going through and
understanding the prescribed b0ok. You must therefore have a copy of the
prescribed b0ok and
study it.
2. THE PRESCRIBED b0ok
The prescribed b0ok for this mod'ule is:
,You must purchase the prescribed b0ok and work through it with the help of this
Study Guide.
Please take note that only the following chapters of the prescribed b0ok are
prescribed for this
mod'ule: chapters 1 (read only); 2; 3; 4; 5; 6; 7; 8; 9; 11; 12; 13 (read only); 14; 15; 16; 17;
18; 19; 20
and 21.
3. OVERVIEW OF THE PRESCRIBED b0ok
The prescribed b0ok consists of four parts:
PART 1: INTRODUCTION
PART 2: THE INDIVIDUAL EMPLOYMENT RELATIONSHIP
PART 3: EMPLOYMENT EQUITY AND AFFIRMATIVE ACTION
PART 4: COLLECTIVE LABOUR LAW
PART 5: DISPUTE RESOLUTION
A. GENERAL INFORMATION
Garbers C et al The Essential Labour Law Handb0ok 8th
edition (2024)
3
MRL3702/102/3/2025
B. STUDY UNITS
4
MRL3702/102/3/2025
STUDY UNIT 1
INTRODUCTION to' LABOUR LAW
OUTCOMES:
At the endof this chapter, you shouldbeable to'
• Have the general overview of what the South African labour law entails;
relevant stakeholders, roles and
responsibilitiesofdifferentcharacters in theemployment relationship.
CHAPTER 1 IS ONLY FOR READING PURPOSES.
5
MRL3702/102/3/2025
STUDY UNIT 2
THE CONTRACT OF EMPLOYMENT AND ITS RELATIONSHIP WITH
LABOUR LEGISLATION
2.1 PRESCRIBED MATERIAL
• Chapter 2 of The Essential Labour Law
2.2 GENERAL INTRODUCTION
A contract of employment, just like any other type of contract, is regulated by
common law. Note that
, in cases where a specific labour matter is not covered by the LRA or any other
labour legislation, common
law will apply. In order for a contract of employment to' be valid, the parties to'
the contract must have
satisfied all of common law requirements for the conclusion of a valid contract.
There are also common
law duties which parties must comply with during the employment relationship.
These are in line with African values of humaneness and fairness which require
parties to' adhere to' certain
rules in order for their acts to' be approved and that if a party has a duty to' do
something he or she must
do it in line with what was agreed upon, and failure to' do so will be a breach
which has consequences.
2.3 im'portant MATTERS to' UNDERSTAND
This study unit deals with the contract of employment and its relationship with
labour legislation.
2.3.1 Development of the employment contract
Study par 2.1.1 of the prescribed b0ok.
In Roman law, a distinction was made between letting and hiring of some physical
object or thing (the
locatio conductio rei) and two other forms of letting and hiring. The locatio
conductio operis related
to' the letting and hiring of a specific piece of work, for example, the contract for
an independent
contracto'r engaged to' do a specific piece of work. The locatio conductio
operarum related to' the
letting and hiring of someone’s personal services in exchange for remuneration,
for example
a contract of employment.
OUTCOMES
After you have completedthis Chapter, you shouldbeable to'
• explain how anemploymentcontract is constitutedandby who;
• understandthe role andeffecto'f the Constitutionand other labour laws in the
employmentcontract;
• listandexplainthedutiesof theemployee;
• listandexplainthedutiesof theemployer;
• explain whatare thetermsandconditionsofemployment;
• understandthe extento'f thefreedom enjoyed by theparties inthe
conclusionofemploymentcontract;
• explaina restrainto'f tradeclause inanemploymentagreement;
