In this Act, unless the context otherwise indicates—

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

"black people"

is a generic term which means Africans, Coloureds and Indians;

"CCMA"

means the Commission for Conciliation, Mediation and Arbitration, established by section 112 of the Labour Relations Act;

"code of good practice"

means a document issued by the Minister in terms of section 54;

"collective agreement"

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand—

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"designated employer"

means—

[Paragraph (d) amended by section 1(a) of Act No. 47 of 2013]

"designated groups"

means black people, women and people with disabilities, who—

[Definition amended by section 1(b) of Act No. 47 of 2013]

"Director-General"

means the Director-General of the Department of Labour;

"dismissal"

has the meaning assigned to it in section 186 of the Labour Relations Act;

"dispute"

includes an alleged dispute;

"employee"

means any person other than an independent contractor who—

and "employed" and "employment" have corresponding meanings;

"employment law"

means any provision of this Act or any of the following Acts—

"employment policy or practice"

includes, but is not limited to—

"family responsibility"

means the responsibility of employees in relation to their spouse or partner, their dependent children or other members of their immediate family who need their care or support;

"HIV"

means the Human Immunodeficiency Virus;

"labour inspector"

means a person appointed in terms of section 63 of the Basic Conditions of Employment Act;

[Definition amended by section 1(c) of Act No. 47 of 2013]

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

"medical testing"

includes any test, question, inquiry or other means designed to ascertain, or which has the effect of enabling the employer to ascertain, whether an employee has any medical condition;

"Minister"

means the Minister of Labour;

"NEDLAC"

means the National Economic, Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No. 35 of 1994);

"organ of state"

means an organ of state as defined in section 239 of the Constitution;

"people with disabilities"

means people who have a long-term or recurring physical or mental impairment which substantially limits their prospects of entry into, or advancement in, employment;

"pregnancy"

includes intended pregnancy, termination of pregnancy and any medical circumstances related to pregnancy;

"prescribed"

means prescribed by a regulation made under section 55;

"public service"

means the public service referred to in section 1(1) of the Public Service Act, 1994 (promulgated by Proclamation No. 103 of 1994), and includes any organisational component contemplated in section 7(4) of that Act and specified in the first column of Schedule 2 to that Act, but excluding—

"reasonable accommodation"

means any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment;

"registered employers' organisation"

means an employers' organisation as defined in section 213 of the Labour Relations Act and registered in terms of section 96 of that Act;

"registered trade union"

means a trade union as defined in section 213 of the Labour Relations Act and registered in terms of section 96 of that Act;

"remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State;

"representative trade union"

means a registered trade union, or two or more registered trade unions acting jointly, that are sufficiently representative of the employees employed by an employer in a workplace;

"Republic"

means the Republic of South Africa as defined in the Constitution;

"serve" or "submit"

in relation to any communication, means either—

[Definition amended by section 1(d) of Act No. 47 of 2013]

"suitably qualified person"

means a person contemplated in sections 20(3) and (4);

"this Act"

includes any regulations made under section 55, but excludes any footnote;

"trade union representative"

means a member of a registered trade union who is elected to represent employees in a workplace;

"workplace forum"

means a workplace forum established in terms of Chapter V of the Labour Relations Act.