BCEA Definitions: Farm Worker & Employee
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Questions and Answers

What does the Immigration Act aim to accomplish regarding illegal foreigners?

  • Encourage employment of illegal foreigners
  • Deter employers from hiring unauthorized workers (correct)
  • Allow immigrants to work without restrictions
  • Provide benefits to illegal immigrants

    • An employer can refuse to pay a worker if they are classified as an illegal foreigner.

    False

    What section of the Constitution addresses the right to fair labour practices?

    Section 23

    An illegal foreigner can still enforce their contractual rights against their employer according to the __________.

    <p>Constitution</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Illegal Foreigner = Someone employed without authorization to work Employer's Offense = Employing a foreigner against the Immigration Act Constitutional Rights = Rights that guarantee dignity and fair labour practices Section 23 = Provision in the Constitution regarding labour rights</p> Signup and view all the answers

    Which of the following is included in the definition of a farm worker?

    <p>Permanent employee performing domestic work on a farm</p> Signup and view all the answers

    The control test involves assessing whether the person's work is part of the employer's business.

    <p>False</p> Signup and view all the answers

    What is the dominant person test used for?

    <p>To consider the employment relationship as a whole.</p> Signup and view all the answers

    A person who assists in carrying on or conducting the business of an employer can include ________.

    <p>temporary employees</p> Signup and view all the answers

    Which of the following tests is NOT used to distinguish between employees and independent contractors?

    <p>Integration test</p> Signup and view all the answers

    Match the following types of workers with their definitions:

    <p>Permanent employees = Staff with indefinite contracts Casual workers = Workers without a permanent contract Self-employed people = Individuals working for themselves Seasonal workers = Workers hired during specific times of the year</p> Signup and view all the answers

    The rebuttable presumption states that an employment relationship exists when certain conditions are met.

    <p>True</p> Signup and view all the answers

    Name one category of workers excluded from the definition of farm worker.

    <p>Independent contractors</p> Signup and view all the answers

    What is one of the primary benefits for employers using Temporary Employment Services (TES)?

    <p>Limiting risks</p> Signup and view all the answers

    Trade unions generally support the use of labour brokers.

    <p>False</p> Signup and view all the answers

    What happens to a worker's salary when a TES deducts fees?

    <p>The worker receives a reduced salary.</p> Signup and view all the answers

    The primary duty of an employer includes _____ for the employee.

    <p>remuneration</p> Signup and view all the answers

    Which of the following statements is true regarding the relationship between a TES and client?

    <p>Both TES and client can be jointly liable for certain contraventions.</p> Signup and view all the answers

    If no leave applies, the principle of _____ states no work, no pay.

    <p>BCEA</p> Signup and view all the answers

    Match the following duties with the responsible party:

    <p>Remuneration = Employer Protection against unfair dismissal = Client Administrative tasks = TES Providing work = Employer</p> Signup and view all the answers

    List one concern that trade unions have regarding labour brokers.

    <p>Workers may be exploited.</p> Signup and view all the answers

    Which of the following is NOT a valid way for an employer to change terms and conditions of employment?

    <p>Changing terms unilaterally by the employer</p> Signup and view all the answers

    Migrant workers are often vulnerable and susceptible to exploitation.

    <p>True</p> Signup and view all the answers

    What provides the basis for the individual employment relationship?

    <p>Contract of employment</p> Signup and view all the answers

    The _____ law mandates fair labor practices for all workers, including vulnerable employees.

    <p>Constitution</p> Signup and view all the answers

    Match the following types of workers with their status:

    <p>Illegal migrant = Without legal work status Legal with temporary work permit = Has permission to work for a limited time Permanent resident = Has a long-term status to stay and work Asylum seeker = Seeks protection based on fear of persecution</p> Signup and view all the answers

    Which of the following is an example of a workplace custom?

    <p>Christmas party</p> Signup and view all the answers

    Employers must always obtain agreement from employees to change workplace customs.

    <p>False</p> Signup and view all the answers

    What must be true for an employer to change terms and conditions with employees?

    <p>Agreement between employer and employees</p> Signup and view all the answers

    Which of the following is NOT a specified ground of discrimination under the EEA?

    <p>Height</p> Signup and view all the answers

    The EEA applies only to designated employers regarding the prohibition of unfair discrimination.

    <p>False</p> Signup and view all the answers

    What is the primary measure used by the court to determine unspecified grounds of discrimination?

    <p>dignity</p> Signup and view all the answers

    The EEA's list of specified grounds corresponds with the Constitutional list, but includes _____ and _____ as additional specified grounds.

    <p>Family Responsibility; HIV status</p> Signup and view all the answers

    Match the following purposes of the EEA with their appropriate descriptions:

    <p>Promotes achievement of equality = Ensures fair treatment in the workplace Foundation for non-discrimination = Supports affirmative action policies Excludes certain members = Limits application to designated groups only Provides equality provisions = Aligns with constitutional equality mandates</p> Signup and view all the answers

    Which group is excluded from the provisions of the EEA?

    <p>National Intelligence Agency</p> Signup and view all the answers

    Fewer discrimination cases are recorded based on unspecified grounds compared to specified grounds.

    <p>True</p> Signup and view all the answers

    List any three specified grounds of discrimination under the EEA.

    <p>Race, Gender, Disability</p> Signup and view all the answers

    Study Notes

    Immigration Act and Illegal Foreigners

    • The Immigration Act aims to regulate the presence of foreigners in the country.
    • It addresses the issue of "illegal foreigners", who are individuals residing in the country without proper documentation or authorization.
    • The Act may outline penalties for employers who knowingly employ illegal foreigners.

    Fair Labour Practices and the Constitution

    • The Constitution provides a framework for fair labor practices, ensuring that workers are treated fairly and have access to basic rights while working.
    • It addresses fundamental issues related to employment, including working conditions, wages, and non-discrimination.
    • The specific section of the Constitution addressing fair labor practices might vary depending on the country.

    Enforcement of Labor Rights

    • An illegal foreigner can still enforce their contractual rights against their employer, even without proper documentation.
    • This means that legal protections in employment law apply to all individuals, regardless of immigration status.
    • Employers have a responsibility to ensure that workers are treated fairly and their rights are respected, regardless of their immigration status.
    • Farm worker: A worker who performs agricultural labor, such as planting, harvesting, or tending crops.
    • Dominant person test: This test is used to determine whether a person is truly engaged in an "independent" business or is actually an employee.
    • Employee vs. Independent Contractor:
      • Control Test: This test assesses whether the employer has control over the worker's work, including how it is done, where it is done, and when it is done.
      • Integration Test: This test examines whether the worker's work is integrated into the employer's business.
      • Dominant Person Test: Examines whether a person is engaged in a genuinely independent business or working as an "employee".
      • Mutuality of Obligation Test: Evaluates the reciprocal obligations between the worker and employer.
      • Organization Test: Determines whether the worker is considered part of the employer's organization.

    Categories of Workers

    • Temporary Employment Services (TES): These services provide workers to businesses on a temporary or contract basis.
    • Labour brokers: They act as intermediaries between employers and workers, supplying workers for various jobs.

    Employment Relationships and Responsibilities

    • Rebuttable Presumption: This is a legal principle that assumes an employment relationship exists when specific conditions are met.
    • Farm Workers: They typically perform specialized tasks like agriculture, but are often excluded from certain labor protections.
    • Temporary Employment Services (TES): The primary benefit for employers is access to a flexible workforce without the commitment of full-time employment.
    • Trade Unions: These unions are generally opposed to the use of labor brokers, mainly due to concerns about worker exploitation and instability.
    • Worker's Salary: When TES deducts fees, the worker's salary is usually reduced, a key concern for labor unions.
    • Employer's Duty: The primary duty of an employer is to provide a safe and healthy working environment for their employees.
    • Employer-TES Relationship: The TES and the client employer enter into a contractual agreement to provide services.
    • No Work, No Pay: This principle enforces that workers should only be paid for the work they perform.

    Labor Brokers, Migrant Workers, and Vulnerable Employees

    • Trade Union Concerns about Labour Brokers: One concern is that labor brokers can create a "disconnection" between the worker and the client employer, making it difficult to enforce worker rights.
    • Changing Terms and Conditions: Employers should engage in an open and fair process when changing terms and conditions of employment.
    • Migrant Workers: These workers often face exploitation due to their vulnerabilities, often being unaware of their rights or lacking legal protections.
    • Individual Employment Relationship: The employment relationship, where an employee agrees to work for an employer, is the basis for most labor protections.
    • Fair Labor Laws: All workers, including vulnerable employees like migrant workers, are entitled to fair labor practices under the law.

    Discrimination and Employment Equity

    • Workplace Customs: These customs are established practices that are not part of the employment contract but are considered part of the workplace environment.
    • Changing Workplace Customs: Employers cannot arbitrarily change workplace custom by using discriminatory practices or violating terms in the contract.
    • Changing Terms and Conditions: An agreement with the employees (negotiation) is required whenever changes to terms and conditions are intended.
    • Grounds of Discrimination: The text refers to a "specified list" of discriminatory grounds listed in the EEA (Employment Equity Act).
    • EEA's Application: Although the EEA applies to designated employers, it doesn't require specific terms of employment.
    • Unspecified Grounds of Discrimination: The courts often use the principle of "comparable treatment" to determine whether discrimination has occurred, particularly when it involves unspecified grounds.
    • EEA's List of Grounds: The EEA adopts constitutional grounds, but also incorporates additional grounds like sexual orientation and gender identity as specified grounds.

    EEA's Objectives and Exclusions

    • EEA's Purpose: The primary purpose is to promote equality and eliminate unfair discrimination in the workplace.
    • Excluded Group: The EEA doesn't apply to certain independent workers, such as those running their own businesses.
    • Specified Grounds of Discrimination: Examples include race, gender, religion, disability, age, and nationality.
    • Number of Discrimination Cases: Cases based on unspecified grounds are less frequent than those based on specified grounds.

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    LLW2601 Individual Labour Law Notes 2014 PDF

    Description

    This quiz explores the definitions of 'farm worker' and 'employee' as outlined in the BCEA, along with key distinctions between employees and independent contractors. It covers various categories of workers and the tests used by courts to determine employment relationships.

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