SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate basic understanding of the Primary labour legislation that impacts on a business unit 
SAQA US ID UNIT STANDARD TITLE
13952  Demonstrate basic understanding of the Primary labour legislation that impacts on a business unit 
ORIGINATOR
SGB Generic Management 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Generic Management 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular-Fundamental  Level 4  NQF Level 04 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2015-07-01  2018-06-30  SAQA 10105/14 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2019-06-30   2022-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is intended for managers of small businesses and junior managers of business units in larger organisations. The term business unit in this unit standard implies a small business, cost center, section or department.

Junior managers include, but are not limited to team leaders, supervisors, first line managers and section heads. The position or term is used to describe the first level of management in an organisation at which an employee has other employees reporting to him/her.

The qualifying learner is capable of:
  • Identifying legislation that that regulates employment issues.
  • Understanding of the main aspects of the Labour Relations Act (LRA) as amended, that relate to the management of a business unit.
  • Explaining the requirements of the LRA in respect of interviews.
  • Understanding the main aspects applicable to labour legislation. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    There is open access to this unit standard. Learners should be competent in Communication, Mathematical and Financial Literacy at Level 3. 

    UNIT STANDARD RANGE 
    The typical scope of this unit standard is:
  • The Labour Relations Act, 66, of 1995 as amended
  • The Basic Conditions Of Employment Act, 75, of 1997 (as amended)
  • Employment Equity Act, 55, of 1998
  • Skills Development Act, 97 of 1998.
  • The Skills Development Levies Act.
  • The Protected Disclosures Act 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Identify the legislation that regulates employment issues. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The six main pieces of labour legislation are named and an indication is given of who is covered by each Act. 

    ASSESSMENT CRITERION 2 
    2. The six Acts are analysed and an indication is given of how the six pieces of legislation interact and support the South African Constitution. 

    ASSESSMENT CRITERION 3 
    3. The scope and application of each Act is explained at a basic level of understanding. 

    SPECIFIC OUTCOME 2 
    Demonstrate understanding of the main aspects of the Labour Relations Act. 
    OUTCOME NOTES 
    Demonstrate understanding of the main aspects of the Labour Relations Act (LRA) (as amended) that relate to the management of a business unit. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The concept of freedom of association is explained with reference to employers and employees. 

    ASSESSMENT CRITERION 2 
    2. Organisational rights protected by the LRA are explained with reference, where appropriate, to Trade Unions that are active in specific sector. 

    ASSESSMENT CRITERION 3 
    3. The concept of an unfair labour practice is explained with examples. 

    ASSESSMENT CRITERION 4 
    4. Internal policies and procedures within an organisation that may be used to resolve a dispute or grievance are illustrated graphically. 

    ASSESSMENT CRITERION 5 
    5. The importance of handling internal conflict and grievances to prevent unfair labour practice disputes arising is explained and an indication is given of the consequences of unfair labour practice for the organisation. 

    ASSESSMENT CRITERION 6 
    6. The role of a workplace forum is explained and an indication is given of who should be represented in such a forum. 

    ASSESSMENT CRITERION 7 
    7. The function of the Council for Conciliation, Mediation and Arbitration (CCMA) is explained with reference to its role in dispute resolution. 

    ASSESSMENT CRITERION 8 
    8. The concept of automatically unfair dismissal is explained with examples. 

    ASSESSMENT CRITERION 9 
    9. Steps to be taken to ensure that dismissals are substantively and procedurally correct and fair are explained with reference to the LRA and the Code of Good Practice on Dismissal and human resource policies of an organisation. 

    ASSESSMENT CRITERION 10 
    10. Evidence that could support a recommendation for dismissal is documented in accordance with the human resources policies of a specific organisation. 

    ASSESSMENT CRITERION 11 
    11. The steps to be followed to ensure procedural fairness in cases of misconduct are described with reference to the LRA and the disciplinary process of a specific organisation. 

    ASSESSMENT CRITERION 12 
    12. Procedures to be followed at a disciplinary hearing are described with reference to the LRA and the policy of a specific organisation. 

    SPECIFIC OUTCOME 3 
    Explain the requirements of the LRA in respect of interviews. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. Documents that are required to ensure that interviews are conducted strictly in accordance with the LRA are identified and an indication is given of how each document helps to ensure fair labour practice. 

    ASSESSMENT CRITERION 2 
    2. Questions to be asked in an interview relating to work specific criteria for a specific position are composed and an indication is given of why it is necessary to prepare such questions before the interview. 

    ASSESSMENT CRITERION 3 
    3. The concept of discrimination is explained with examples. 

    ASSESSMENT CRITERION 4 
    4. Criteria that automatically indicate unfair discrimination are named and an indication is given of how managers can inadvertently discriminate unfairly in an interview. 

    ASSESSMENT CRITERION 5 
    5. Practices specifically defined as unfair in the LRA are listed and an indication is given of why each practice is considered to be unfair labour practice. 

    ASSESSMENT CRITERION 6 
    6. Questions that are unacceptable in any interview with a prospective employee are discussed and an indication is given as to why such questions could be regarded as discriminatory. 

    SPECIFIC OUTCOME 4 
    Demonstrate understanding of aspects of the Basic Conditions of Employment Act. 
    OUTCOME NOTES 
    Demonstrate understanding of aspects of the Basic Conditions of Employment Act (BCOE) (as amended) that business unit managers might responsible for implementing. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The concept of an employee is explained and an indication is given of how status as an employee is determined. 

    ASSESSMENT CRITERION 2 
    2. Regulations relating to working hours are explained and an indication is given of how the requirements of the Act are applied in a specific organisation. 

    ASSESSMENT CRITERION 3 
    3. The policy in a specific organisation regarding payment for overtime is explained and an indication is given of the people in a business unit who qualify for overtime payment. 

    ASSESSMENT CRITERION 4 
    4. Regulations relating to breaks during hours of work are explained and an indication is given of when, if ever, the employees in a business unit may be required to work during a meal interval. 

    ASSESSMENT CRITERION 5 
    5. The leave entitlement under the Act is explained and an indication is given of how leave is affected in a specific organisation. 

    ASSESSMENT CRITERION 6 
    6. Conditions for termination of employment prescribed by the Act are explained and applied to a specific employment contract. 

    ASSESSMENT CRITERION 7 
    7. The consequences if a business unit manager provides information about employees to prospective employers or other persons are explained and an indication is given of the kind of information that is required in a certificate of service. 

    SPECIFIC OUTCOME 5 
    Demonstrate understanding of the Employment Equity Act (EEA) as it applies in a business unit. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The requirements placed on employers by the EE Act are explained with reference to an organisation's employment equity plan. 

    ASSESSMENT CRITERION 2 
    2. The process to be followed in implementing employment equity is explained with reference to the policy of a specific organisation and the role of managers in a business unit. 

    ASSESSMENT CRITERION 3 
    3. The role of the employment equity committee is explained and an indication is given of who should be represented on that committee. 

    ASSESSMENT CRITERION 4 
    4. The employment policy and practices in a business unit are analysed and an indication is given of how the business unit complies with the Act and the specific organisation's EE plan. 

    ASSESSMENT CRITERION 5 
    5. Barriers that adversely affect disadvantaged people are identified in a specific organisation and a business unit within that organisation. 

    SPECIFIC OUTCOME 6 
    Demonstrate understanding of the Skills Development Act and Skills Development Levies Act. 
    OUTCOME NOTES 
    Demonstrate understanding of the Skills Development Act, 97 of 1998 and the Skills Development Levies Act as they apply n a business unit. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    1. The requirements placed on employers by the Skills Development Act are explained with reference to an organisation's workplace skills plan and annual training report. 

    ASSESSMENT CRITERION 2 
    2. The requirements placed on employers by the Skills Development Levies Act are explained with reference to an organisation's workplace skills plan and the claiming back of levies for training purposes. 

    ASSESSMENT CRITERION 3 
    3. The process to be followed in contributing to an organisation's workplace skills plan is explained with reference to the policy of a specific organisation. 

    ASSESSMENT CRITERION 4 
    4. The concept of learnerships is explained and an indication is given of how learnerships could be promoted in a specific business unit. 

    ASSESSMENT CRITERION 5 
    5. The concept of lifelong learning is explained and an indication is given of how learning can be facilitated in a specific business unit. 

    ASSESSMENT CRITERION 6 
    6. The role of the training committee is explained with reference to the role of the committee in the skills' development process. 

    ASSESSMENT CRITERION 7 
    7. The role of the SETAs is explained in terms of the legislated relationship between the SETAs and employers. 

    ASSESSMENT CRITERION 8 
    8. The reports that are required by a SETA in terms of the Skills Development legislation are complied for incorporation into the organisation's report. 

    ASSESSMENT CRITERION 9 
    9. The levies/grant system of a selected SETA is explained and the levy that a business unit would be entitled to is calculated based on the submitted report and the rules of the relevant SETA. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Assessment of this Unit Standard should be contextual and practical.
  • Assessors must be registered as an assessor with the Services ETQA or an ETQA that represents the sectors in which the learner is employed.
  • Moderators must be registered as assessors with the Services ETQA, or with an ETQA that has a Memorandum of Understanding with the Services ETQA.
  • The mechanisms and requirements for moderation should be applied in accordance with the requirements of the relevant ETQA.
  • Assessment should include both formative and summative assessment.
  • Training providers must be accredited by the Services ETQA or with an ETQA that has a Memorandum of Understanding with the Services ETQA. 


  • Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    The learner is able to identify and solve problems in which responses show that responsible decisions using critical and creative thinking have been made in knowing what information may be given to prospective employers and other persons about employees. 

    UNIT STANDARD CCFO WORKING 
    The learner is able to work effectively with others as a member of a team, group, organisation or community in ensuring fair labour practice. 

    UNIT STANDARD CCFO ORGANISING 
    The learner is able to organise and manage him/herself and his/her activities responsibly and effectively in preparing questions for interviews and compiling the required reports. 

    UNIT STANDARD CCFO COLLECTING 
    The learner is able to collect, organise and critically evaluate information in analysing the relationship between the four Acts. 

    UNIT STANDARD CCFO COMMUNICATING 
    The learner is able to communicate effectively in explaining the various sections of the legislation and in calculating the Skills Development Levy for a business unit. 

    UNIT STANDARD CCFO DEMONSTRATING 
    The learner is able to demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation in understanding the need to ask carefully worded questions in interviews and the consequence of giving information about employees to a third party. 

    UNIT STANDARD CCFO CONTRIBUTING 
    The learner is able to participate as a responsible citizen in the life of local and national communities in knowing how to ensure fair labour practice.

    The learner is able to be culturally and aesthetically sensitive across a range of social contexts in implementing the EE policy of an organisation in a business unit. 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  48663   National Certificate: Mail Handling  Level 3  NQF Level 03  Reregistered  2018-06-30  SERVICES 
    Core  65110   Further Education and Training Certificate: Management  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2009-03-14  As per Learning Programmes recorded against this Qual 
    Core  48915   Further Education and Training Certificate: Manufacturing and Assembly Operations Supervision  Level 4  NQF Level 04  Reregistered  2018-06-30  MERSETA 
    Core  58779   Further Education and Training Certificate: Production Technology  Level 4  NQF Level 04  Reregistered  2018-06-30  MERSETA 
    Core  24454   Further Education and Training Certificate: Real Estate  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2007-11-28  Was SERVICES until Last Date for Achievement 
    Core  57713   Further Education and Training Certificate: Specialist Security Practices  Level 4  NQF Level 04  Reregistered  2018-06-30  SAS SETA 
    Elective  66329   National Certificate: Lumber Milling  Level 3  NQF Level 03  Reregistered  2018-06-30  FPMSETA 
    Elective  48893   Further Education and Training Certificate: Dry Pet Food Advanced Processing Technology  Level 4  NQF Level 04  Reregistered  2018-06-30  AgriSETA 
    Elective  58697   Further Education and Training Certificate: Electronic Security Installation Practices  Level 4  NQF Level 04  Reregistered  2018-06-30  As per Learning Programmes recorded against this Qual 
    Elective  66489   Further Education and Training Certificate: Foundry Operations  Level 4  NQF Level 04  Reregistered  2018-06-30  MERSETA 
    Elective  57712   Further Education and Training Certificate: Generic Management  Level 4  NQF Level 04  Reregistered  2018-06-30  As per Learning Programmes recorded against this Qual 
    Elective  66289   Further Education and Training Certificate: Lumber Milling  Level 4  NQF Level 04  Reregistered  2018-06-30  FPMSETA 
    Elective  48651   Further Education and Training Certificate: Meat Classification  Level 4  NQF Level 04  Reregistered  2018-06-30  AgriSETA 
    Elective  48649   Further Education and Training Certificate: Meat Examination  Level 4  NQF Level 04  Reregistered  2018-06-30  AgriSETA 
    Elective  65029   Further Education and Training Certificate: Music  Level 4  NQF Level 04  Reregistered  2018-06-30  CATHSSETA 
    Elective  66249   Further Education and Training Certificate: New Venture Creation  Level 4  NQF Level 04  Reregistered  2018-06-30  SERVICES 
    Elective  23953   Further Education and Training Certificate: New Venture Creation (SMME)  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2009-05-13  Was SERVICES until Last Date for Achievement 
    Elective  57613   Further Education and Training Certificate: Short-Term Risk Management  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2012-06-30  INSETA 
    Elective  65529   Further Education and Training Certificate: Transport Operations  Level 4  NQF Level 04  Reregistered  2018-06-30  TETA 
    Elective  23976   National Certificate: Local Employment and Skills Development Practices  Level 4  NQF Level 04  Passed the End Date -
    Status was "Registered" 
    2006-08-13  PSETA 
    Elective  20884   National Certificate: New Venture Creation (SMME)  Level 4  NQF Level 04  Passed the End Date -
    Status was "Registered" 
    2005-04-10   
    Elective  24396   National Certificate: Risk Management  Level 4  NQF Level 04  Passed the End Date -
    Status was "Registered" 
    2006-10-08  Was INSETA until Last Date for Achievement 
    Elective  49396   National Certificate: Wholesale and Retail Credit Control  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2008-10-22  Was W&RSETA until Last Date for Achievement 
    Elective  49397   National Certificate: Wholesale and Retail Operations Supervision  Level 4  Level TBA: Pre-2009 was L4  Reregistered  2018-06-30  W&RSETA 
    Elective  79886   National Certificate: Business Advising  Level 5  NQF Level 05  Reregistered  2018-06-30  SERVICES 
    Elective  49119   National Certificate: Craft Operational Management  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2018-06-30  CATHSSETA 
    Elective  59201   National Certificate: Generic Management  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2018-06-30  As per Learning Programmes recorded against this Qual 
    Elective  93993   National Certificate: Labour Relations Practice  Level 5  NQF Level 05  Reregistered  2018-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49743   National Certificate: Manufacturing Management  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2018-06-30  FOODBEV 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. ANGLOGOLD ASHANTI TRAINING AND DEVELOPMENT 
    2. AngloGold Ashanti Training and Development Services 
    3. ArcelorMittal South Africa Ltd (VANDERBIJLPARK) (TP) 
    4. Avisa Academy of Learning(TP) 
    5. BA AND DJ CLEANING AND SECURITY SERVICES 
    6. Bathopele HR and Management Consultants 
    7. Braune Training (Pty) Ltd 
    8. Business Management Training College of Southern Africa 
    9. College of Production Technology 
    10. CORPORATE ASSESSMENTS SOLUTIONS (PTY) LTD T/A CORPORATE ASSESSMENT SOL 
    11. CREATIVE FOUNDATION TRAINING 
    12. DEVELOPMENT INSTITUTE AND TRAINING ACADEMY OF SOUTHERN AFRICA 
    13. Dizani Consulting cc (AMANZIMTOTI) (TP) 
    14. ESKOM HOLDINGS LIMITED 
    15. ESKOM HOLDINGS LIMITED SECURITY RISK MANAGEMENT TRAINING CENTRE 
    16. FALSE BAY SECURITY BK 
    17. FBS SECURITY SERVICES PTY LTD 
    18. FIREARM COMPETENCY ASSESSMENT AND TRAINING CENTRE PORT SHEPSTONE 
    19. HJN TRAINING CC 
    20. HLONGWANE SECURITY CC T/A HLONGWANE SECURITY CC JHB 
    21. HV Consultants (Pty) Ltd (PORT ELIZABETH) (TP) 
    22. Intercept Consulting and Training Solutions 
    23. ISIBONELO SECURITY SOLUTIONS 
    24. ITAGE SECURITY ACADEMY 
    25. JESUA CONSULTANTS (Hartenbos) (WA) 
    26. Jesua Consultants (Pty) Ltd (MOSSEL BAY) (TP) 
    27. KENTANI SECURITY 
    28. LBT Learning 
    29. LEAD TRAINING CONSULTANTS 
    30. Legal Environment Safety & Health Requirements cc 
    31. MacSteel Services Centres SA (WADEVILLE) (TP) 
    32. MAGIC LABOUR HIRE AND SECURITY SERVICES 
    33. Makwedeng Training 
    34. Mercedes Benz South Africa (Pty) Ltd (EAST LONDON) (TP) 
    35. MULELU BUSINESS ENTERPRISES 
    36. Occupation-Defined Learning 
    37. ORGANISATIONAL DEVELOPMENT INTERNATIONAL (PTY) LTD 
    38. PERSAS PROTECTION CC 
    39. PHRONESIS TRAINING ACADEMY GP 
    40. Planet Waves 237 (Pty) Ltd T/A Occupational Learning Centre (OLC) (PRE 
    41. Plastics Federation of South Africa (MAITLAND) (TP) 
    42. Plastics Federation of South Africa (MIDRAND) (TP) 
    43. Plastics Federation of South Africa (WESTMEAD) (TP) 
    44. PRASA T/A Metrorail KwaZulu Natal 
    45. Production Management Institute 
    46. Production Management Institute of Southern Africa 
    47. Production Management Institute of Southern Africa (PMI) 
    48. RAMAZWI SECURITY SERVICES CC 
    49. Rema Tip Top SA (Pty) Ltd (BENONI) (TP) 
    50. Scaw Metals Group (Pty) Ltd T/A Scaw Metals (DINWIDDIE) (TP) 
    51. SHALLYB TRADING CC 
    52. SOUTH AFRICAN SCHOOL OF PARALEGAL STUDIES 
    53. Spilamart cc T/A 1st Safety & Training (SABIE) (TP) 
    54. The Skills College for Development & Training cc (PRETORIA) (TP) 
    55. Training Force (Pty) Ltd 
    56. TRIOTIC PROTECTION SERVICES CC 
    57. VEB CELE & Associates (Pty) Ltd 
    58. Vereeniging Security 
    59. VPK BUSINESS VENTURE C.C 
    60. Western Cape Institute of Foundrymen (ATLANTIS) (TP) 
    61. Wise Training Centre 
    62. WORLD CLASS SECURITY 
    63. Y3K Training cc (CAPE TOWN) (TP) 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.