SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION:

Advanced Diploma in Labour Law

SAQA QUAL ID	QUALIFICATION TITLE
118632	Advanced Diploma in Labour Law
ORIGINATOR
University of the Western Cape
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
-			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Advanced Diploma	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	120	Undefined	NQF Level 07	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Registered		SAQA 137/22	2022-02-03	2025-02-03
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2026-02-03		2029-02-03

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 qualification does not replace any other qualification and is not replaced by any other qualification.

PURPOSE AND RATIONALE OF THE QUALIFICATION

Purpose:
The primary purpose of the Advanced Diploma in Labour Law is to allow for the development of professional knowledge and skills through collaborative practice to improve labour law practice. Furthermore, the implementation of this qualification would allow for capacity building of labour law practitioners to further their professional development.

The qualification is aimed at working professionals in the field of labour law. This qualification is on a learning pathway that underpins a career in the Labour Relations arena. The qualification is aimed at equipping learners with knowledge competencies in mastering, analysing, and interpreting specialised rules and principles of labour law. Many of the competencies developed in the qualification are rooted in actual workplace practice and should lead to greater productivity resulting from the improved performance by the learner through the integration of knowledge and workplace practice in its social and legal context.

The qualification aims to offer a wide range of transferable skills including:

A solution-based approach to problem-solving.

Empowerment strengths-based approach to personal development.

Competence in written and oral communication.

Capacity to assess and implement labour regulations and other related policies

An ability to work independently and as part of a team.

Upon completion of the qualification, qualifying learners will be to:

Provide sound advice on matters regarding labour law to a wide range of clients in society and business.

Assist employers and employees to understand the intricacies of Labour Law.

Promote the principles of fairness and equity in all labour matters.

Rationale:
The qualification is designed to enable individuals to access the Postgraduate qualification and, on the other hand, it seeks to improve practitioners' competencies by way of formal qualifications.

This qualification is designed to enable individuals to develop theoretical competencies and practical skills to operate effectively in the field because knowledge of the application of labour legislation is a business imperative and necessary for the strategic and operational success of any organisation '

The qualification is an introduction to law for labour law practitioners who wish to formalise their qualifications in the specialised field of labour law. The qualification, with the sum of its parts, starts with the general (Introduction to law, Basic legal skills, Basic principles of law) and moves to specifics (Collective labour law, Individual labour law, Labour conflict and dispute resolution, Workplace equality and discrimination, Labour, and social security law).

This qualification will further contribute to growing our labour law qualification for practitioners and building scholarship through practice and sustainability through partnerships. To fulfil a need identified by qualified professionals from different professions as well as labour relations officials to enhance their knowledge and skills of application of labour law and other legislation in the labour environment.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of Prior Learning (RPL):
The institution has an approved Recognition of Prior Learning (RPL) policy which is applicable with regards to equivalent qualifications for admission into the qualification. RPL will be applied to accommodate applicants who qualify. RPL thus provides alternative access and admission to qualifications, as well as advancement within qualifications. RPL may be applied for access, credits from modules and credits for or towards the qualification.

RPL for access:

Learners who do not meet the minimum entrance requirements or the required qualification that is at the same NQF level as the qualification required for admission may be considered for admission through RPL.

To be considered for admission in the qualification based on RPL, applicants should provide evidence in the form of a portfolio that demonstrates that they have acquired the relevant knowledge, skills, and competencies through formal, non-formal and/or informal learning to cope with the qualification expectations should they be allowed entrance into the qualification.

RPL for exemption of modules

Learners may apply for RPL to be exempted for modules that form part of the qualification. For a learner to be exempted from a module, the learner needs to provide sufficient evidence in the form of a portfolio that demonstrates that competency was achieved for the learning outcomes that are equivalent to the learning outcomes of the module.

RPL for credit:

Learners may also apply for RPL for credit for or towards the qualification, in which they must provide evidence in the form of a portfolio that demonstrates prior learning through formal, non-formal and/or informal learning to obtain credits towards the qualification.

Credit shall be appropriate to the context in which it is awarded and accepted.

Entry Requirements:
The minimum entry requirement for this qualification is:

Diploma in Labour Law, NQF Level 6.
Or

Advance Certificate in Labour Law. NQF Level 6.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

This qualification consists of the following compulsory modules at National Qualifications Framework Level 7 totalling 120 Credits.

Compulsory Modules, Level 7,120 Credits:

Introduction to law,15 Credits.

Basic legal skills,15 Credits.

Basic principles of labour law,15 Credits.

Collective labour law,15 Credits.

Individual labour law,15 Credits.

Labour conflict and dispute resolution,15 Credits.

Workplace equality and discrimination,15 Credits.

Labour and social security law,15 Credits.

EXIT LEVEL OUTCOMES

1. Develop an understanding of conflict, its dynamics within the workplace and skills required for the prevention, management and resolution of workplace conflict and disputes.
2. Correctly apply advanced theoretical principles of problem identification and solution in the labour dispute resolution field and reflect critically on the application thereof.
3. Demonstrate the ability to develop appropriate processes of information gathering within the field of labour law and the ability to independently access, process, validate and manage the sources of information.
4. Plan and research in relevant fields of labour law, including gathering, analysing, synthesizing, and interpreting rules, utilising appropriate research principles, and reflecting critically on their content.
5. Review the structure of statutes, case law and unwritten customs as well as demonstrate the ability to find, read, summarise, and explain these legal texts.

ASSOCIATED ASSESSMENT CRITERIA

Associated Assessment Criteria for Exit Level Outcome 1:

Apply appropriate skills required for prevention, management, and resolution of different forms of workplace conflict.

Examine and critically evaluate different solutions to a problem pertaining to Labour Law and contemplate the consequences of each solution for future legal development.

Advise on and assist with dispute resolution in the organisation.

Demonstrate a coherent and critical understanding of the context of conflict, negotiation, and collective bargaining.

Analyse and deal with complex and real collective bargaining and negotiation challenges using theory-based principles.

Associated Assessment Criteria for Exit Level Outcome 2:

Evaluate and compare formal and non-formal conflict and dispute resolution processes.

Consult relevant, current sources and authorities to address legal problems related to Labour Law.

Interpret, analyse and explain legal problems pertaining to Labour Law are within different contexts.

Associated Assessment Criteria for Exit Level Outcome 3:

Collect, analyse, synthesise, critically evaluate, and apply information on labour law issues to reach conclusions and make recommendations.

Communicate effectively and efficiently Labour law solutions.

Interrogate organisational communication, theories, models, principles, and macro sources of knowledge for strategically managing and developing a productive workplace.

Associated Assessment Criteria for Exit Level Outcome 4:

Examine and apply the fundamentals of research methods in law.

Integrate and apply strategic labour management principles and practice, specific knowledge of policies and legislation and labour relations strategies to ensure the achievement of business goals.

Associated Assessment Criteria for Exit Level Outcome 5:

Effectively develop legal arguments through writing legal essays and applying referencing techniques, recognising academic integrity and ethical considerations.

Read and interpret legal texts pertaining to Labour Law within a contextual framework.

Reflect upon and critically evaluate and debate views expressed in texts.

INTERNATIONAL COMPARABILITY

The Diploma in Labour Law was developed following international Labour Law standards as set by the International Labour Organisation (ILO). The content and structure are comparable to the following comparable qualifications offered by international institutions:

Country: United Kingdom (UK)
Institution: London Metropolitan University
Qualification Title: Advanced Diploma in Professional Development in Employment Law and Practice
Duration: One-year full time
Entry requirements

A good bachelor's degree (2.2) in any subject or a three-year diploma in business or creative industries.

Work experience in the HR industry or a related field equivalent to experienced middle management.
Learners with HND/HNC may be considered. In certain circumstances, candidates with significant HR and employment law experience at a senior level may also be considered. Interviews are generally required for non-standard entry.

Purpose/Rationale:
This Advanced Diploma in Professional Development in Employment Law and Practice is an executive-level course that provides a University Diploma. It is delivered in London via weekend and evening study and is supported by distance learning. The diploma is specifically designed for those in middle management in the human resources (HR) industry who are involved in employment law and practice in the UK or international markets. Learners will develop an understanding of employment law and practice through engaging in employment law projects.

This qualification addresses key issues in the field of employment law and practice, including an understanding of the legal framework relating to employee relations and human resource management and will enable learners to confidently handle and analyse legal materials. The course will assist learners to analyse developments in employment law, including EC law, and enable learners to identify appropriate sources to keep abreast of developments. Learners will gain skills in identifying problems and issues which arise in employee relations and human resource management and applying the legal principles to those situations and advising on appropriate legal action to be taken in the workplace.

The qualification is delivered by experts in the field of employment law and will enhance the practical work experience and career prospects as learners engage in the production of an employment law work-based project proposal. This presents an extremely valuable opportunity to engage in real-world practical research, framed by academic thinking, thus developing the competencies in a business environment. This qualification also offers the opportunity to engage with an Employment Tribunal site visit and experts from the employment law field who will be involved in class-based delivery of teaching and learning.

Qualification structure:
Year 1 modules include:

Employment Law and Practice (core, 20 credits).
This module will enable learners to critically analyse contemporary employment law issues, keep abreast of legal developments and appreciate the practical implications of employment law disputes.

Assessment: The module is assessed by 100% coursework. It consists of two pieces of written coursework weighted 75% and 25%.

Employment Law and Practice: Advanced Project (core, 20 credits)
This module introduces learners to research methods, relevant research resources and real-world ELP projects and is designed to enable participants to prepare, design and present their own ELP project. This module provides a focal point around which research projects can be instituted to explore the subject of ELP in depth.

Module participants may be engaged in working on, or in planning, actual projects which can be used as a basis for their work on this module. This module will require a reflective approach to learning and continuous professional development.

Assessment
The first module entitled Employment Law and Practice aims to provide learners with an understanding of this complex area of law and the importance of law and legal developments in the employment field. It will enable learners to keep abreast of legal developments and to critically analyse the law and evaluate the implications for employment practice.

The qualification will be assessed by coursework that integrates and ensures coverage of the module's learning outcomes. The module is assessed by 100% coursework. It consists of two pieces of written coursework weighted at 75% and 25%.

The second module entitled Developing a Project Proposal for Employment Law and Practice will be assessed by two pieces of coursework. The first will comprise a research proposal (approx. 1,000 words) to be submitted online in week five. The second assessment will comprise an Employment Law and Practice project proposal and reflection (approx. 4,000 words). This will be submitted online in week 15.

Comparison:
The qualification has similarities with the new qualification in terms of the rationale, content and assessment methods.

Country: India
Institution: Banaras Hindu University
Qualification Title: Diploma in Labour Law
Duration: One year
Purpose:
The Diploma in Labour Law is designed to impart basic knowledge about the labour law system. The qualification is intended for learners who aspire to become successful lawyers in future. Good communication skills, excellent computer skills, and good observation skills are some of the desirable traits of this qualification. Learners pursuing the qualification learn about the legal skills and practices prevailing in the field. The qualification deals with various laws and statutes established to regulate the working condition of labourers in the country. The qualification focuses on both the theoretical as well as on practical aspects of the subject. Its curriculum incorporates various assignments, presentations and internships which provide a hands-on industrial experience and in-depth knowledge about the subject.

Qualification structure:
The Diploma in Labour Law is a one-year qualification. The qualification is divided into several modules comprising of the following.

Law relating to Industrial Relations.

Law relating to Wages and Monetary benefits.

Law relating to Social Security and safety measure.

Law relating to trade unions, labour welfare.

Principles of administrative law.

Law relating to administrative tribunals.

Dissertation.

Viva-voce.

Projects.

Assessment:
The assessment of learners is usually done at the end of each module. The qualification curriculum incorporates various assignments, presentations, and internships.

Conclusion:
In general, this qualification compares well with its international counterparts. The only major differences are in formatting and scope of coverage or focus. There are similar international qualifications, but individual institutions have unique offerings which may or may not articulate this qualification entirely. There is undoubtedly synergy in courses with variations ranging from slight to extreme synergy depending on the institution.

ARTICULATION OPTIONS

This qualification allows possibilities for both vertical and horizontal articulation.
Horizontal Articulation:

Bachelor of Social Sciences in Industrial Sociology and Labour Studies, NQF Level 7.

Bachelor of Arts in Law, NQF Level 7.

Bachelor of Commerce in Law, NQF Level 7.

Vertical Articulation:

Postgraduate Diploma in Labour Law, NQF Level 8.

Postgraduate Diploma in Labour Law Practice. NQF Level 8.

Bachelor of Arts Honours: Industrial: Organisational and Labour Studies, NQF Level 8.

Bachelor of Social Science Honours: Industrial: Organisational and Labour Studies, NQF Level 8.

MODERATION OPTIONS

N/A

CRITERIA FOR THE REGISTRATION OF ASSESSORS

N/A

NOTES

N/A

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

NONE

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION:

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.

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