What rights do smokers have?

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Smoking in the workplace
by Derek Jackson

The Tobacco Products Control Act provides for the protection of non-smokers - it does not provide any benefit or protection for smokers.

Different types of leave

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by Tinus Boshoff
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The South African Labour Guide

SA Labour Guide
Your guide to labour law in South Africa
27 September 2010



Types of Leave.

Annual leave.

Basic Conditions of Employment: Various types of Leave.

The Basic Conditions of Employment Act, section 19 onwards in Chapter 3, covers employee’s rights with respect to all types of leave. The provisions regarding all types of leave do not apply to employees who work less than 24 hours per month.

Annual Leave

These conditions also apply to domestic employees.

The employee is entitled to 15 working days per annum on full pay. The Act states “21 consecutive days” (section 20 (2) (a) of the Act) and reference to a calendar will show that 21 consecutive days is 15 working days based on a 5 day week, or 18 working days based on a 6 day week. Therefore those employees who work a 6 day week are fortunate because they actually score 3 days over their “5 day week” compatriots.

Reporting of Work Related Incidents

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The Occupational Health and Safety Act (OHS Act) is minimum standard legislation providing among others for the health and safety of persons at work, and for the health and safety of persons in connection with the use of plant and machinery.