LLW2601 Latest exam pack 2021 /2022

LLW2601 Latest exam pack 2021 /2022 Written and compiled by study king the guru of all exam packs Incase of any assistance email me at What general conditions regarding the employment of foreign nationals does the Employment Services Act set out? 3 The ESA defines a ‘foreign national’ as “an individual who is not a South African citizen or does not have a permanent residence permit issued in terms of the Immigration Act.” They may be employed but their employment must: • Comply with and give effect to the right to fair labour practices contained in section 23 of the Constitution; • Not have a negative impact on existing labour standards or the rights and expectations of South African workers; and • Must promote the training of South African citizens and permanent residents. Explain the purpose of the Employment Tax Incentive Act (ETIA). 2 • The purpose of the Act is to provide for a government-wage subsidy to employers who employ young and inexperienced workers. • The Act provides for subsidies aimed at encouraging private sector employers to employ young people aged between the ages of 18 and 29. • The Act aims to support employment growth by focussing on labour market activation, especially for the youth. The EEA specifically excludes certain categories of workers from its application. List the 5 categories of workers who are excluded from the application of the EEA. 5 • The National Defence Force; • The National Intelligence Agency; • The Secret Service; • The National Academy of Intelligence; and • Directors and staff of Comsec. Will X be able to enforce a contract he concluded with Z, to murder Z's business rival B? Substantiate your answer. 3 • X will be an independent contractor, as he was contracted to perform a specified task / produce a specific result. • X will not be able to enforce a contract in terms of the LRA, but is entitled to protection under the Constitution, as the Constitution is broad and extends to everyone. Thus, even a murderer, has a right to fair labour practices in terms of section 23 of the Constitution as a result of the employment relationship. • This relationship exists despite the illegality of the type of work performed. What number of months/weeks does the BCEA prescribe for maternity leave and sick leave? 2 • Maternity Leave o An employee is entitled to four consecutive month’s maternity leave. o An employee may not work for six weeks after the birth of her child. o If an employee miscarries in the third trimester of the pregnancy or has a still born child, she is entitled to six weeks’ leave after the miscarriage or still birth. • Sick Leave o Six weeks’ paid sick leave in every three-year cycle worked List the different ways in which contractual terms and conditions of employment can be changed. 5 • By agreement between the employer and the employee or in line with the method prescribed in the contract of employment; • By means of a collective agreement between the employer and a trade union/s; • By operation of law, for example, the BCEA; and • Through a sectoral determination issued by the MoL. Write a short note on the importance of the distinction between an employee and an independent contractor within the labour law context. 4 • The primary aim of the LRA is to promote sound relations between employers and employees in the workplace. • Workers who are not employees fall outside the scope of the LRA and are, amongst others, not entitled to protection against unfair dismissal. • For this reason, it is important to be able to draw a distinction between employees and other workers who do not qualify as employees, so called ‘independent contractors’. • People not covered by labour laws will not be protected and will have to find other laws to protect themselves. Write a short note on the difference between direct and indirect discrimination. 4 • Direct discrimination o It occurs if someone is clearly treated differently because of a certain characteristic, for example, race or gender. o An example of direct discrimination is an employee being paid less simply because she / he is disabled, of a different religion than the employer, or divorced. • Indirect discrimination o Found when criteria that appear to be neutral, negatively affect a certain group disproportionately, for example, gay or Hindu people or women. o Such discrimination, in contrast with direct discrimination, is often disguised and hard to detect. o An example of indirect discrimination would be a requirement that candidates must have a deep bass voice. In such instance more men than women will qualify. Unless this criterion can be justified by the requirements of the job, it will amount to indirect discrimination.