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So far FefaTech has created 264 blog entries.

What is the difference between permanent, fixed term and part time contracts of employment?

2024-03-12T08:14:12+02:00

Permanent, fixed term and part time employment contracts are governed by both the Labour Relations Act as well as the Basic Conditions of Employment Act, which regulate the employment relationship (including rights, duties and obligations) between the employer and the employee.

Permanent employment contracts

A permanent employment contract endures indefinitely or at least until the date of retirement, subject to [more…]

What is the difference between permanent, fixed term and part time contracts of employment?2024-03-12T08:14:12+02:00

Hiring workers on ad hoc or temporary basis? Avoid the pitfalls

2024-03-01T11:38:05+02:00

Hiring workers on an ad hoc or temporary basis is sometimes necessary for businesses. Some jobs or tasks that crop up just need to be done over a short time only. Not by someone on a permanent basis.

But hiring temps can land you in hot water if certain steps are not taken.

Take a look at [more…]

Hiring workers on ad hoc or temporary basis? Avoid the pitfalls2024-03-01T11:38:05+02:00

When you are requested to state “dismissal” for UIF as the reason for termination, be cautious

2024-03-01T10:50:47+02:00

‘The employer must give reasons for termination of employment by inserting the applicable code at the bottom of the UI-19 Form.

  • Code 11: Retrenched/staff reduction
  • Code 16: Voluntary severance package.

The reason for this differentiation is that if the employer selects Code 11, the employee will qualify for UIF benefits, as it is deemed to be a [more…]

When you are requested to state “dismissal” for UIF as the reason for termination, be cautious2024-03-01T10:50:47+02:00

Employment, Labour Minister announces National Minimum Wage for 2024

2024-03-01T10:51:12+02:00

Employment and Labour Minister Thulas Nxesi has announced a new National Minimum Wage (NMW) determination from R25,42 to R27,58 for each ordinary hour worked.

The new national minimum wage will come into effect from 1 March 2024.

The National Minimum Wage determination also includes the vulnerable sectors of farm workers and the domestic workers – whom since [more…]

Employment, Labour Minister announces National Minimum Wage for 20242024-03-01T10:51:12+02:00

Runaway Employee – Desertion in the Workplace

2024-03-01T10:51:29+02:00

There is a fine line between extended absenteeism and desertion in the workplace. Desertion is often difficult for employers to prove, but they can still terminate a contract of employment by way of repudiation if the correct process is followed.

In many recent cases brought forward, companies are experiencing excessive employee absenteeism in the workplace. There [more…]

Runaway Employee – Desertion in the Workplace2024-03-01T10:51:29+02:00

Disciplinary procedures & progressive discipline

2024-03-01T10:51:50+02:00

What is progressive discipline?

Progressive discipline is a system of discipline where the penalties increase upon repeat occurrences. The concept is embedded in schedule 8 of the Labour Relations Act which states:

“The courts have endorsed the concept of corrective or progressive discipline.

This approach regards the purpose of discipline as a means for employees to know and [more…]

Disciplinary procedures & progressive discipline2024-03-01T10:51:50+02:00

Testing positive for marijuana in the workplace

2024-03-01T10:52:12+02:00

In Marasi v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd [2023] 10 BLLR 1043 (LC), the employee was denied entry to the workplace after he was tested for marijuana and his test was in excess of the tolerance level in the employer’s substance abuse policy. The employee alleged that the marijuana was taken because [more…]

Testing positive for marijuana in the workplace2024-03-01T10:52:12+02:00

Big pay hike for domestic workers coming in 2024 – here’s how much you could be paying

2024-03-01T11:00:21+02:00

The Department of Employment and Labour’s National Minimum Wage Commission is recommending an above-inflation hike to the NMW for 2024, which could see the rate for domestic workers jump to as much as R27.71 an hour.

The commission announced in December 2023 that it was investigating three proposals for the NMW increase for 2024, including:

Big pay hike for domestic workers coming in 2024 – here’s how much you could be paying2024-03-01T11:00:21+02:00

Fathers entitled to 4 months parental leave and to claim UIF during parental leave

2024-03-01T11:00:55+02:00

The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act unconstitutional. The court declared sections of these acts unconstitutional for unfairly discriminating against mothers and fathers, surrogate and adopting parents when it comes to “maternity leave”.

It found that the provisions discriminate unfairly between mothers and fathers, and between [more…]

Fathers entitled to 4 months parental leave and to claim UIF during parental leave2024-03-01T11:00:55+02:00

Is your sick note valid? 10 things your medical certificate should have

2024-03-01T11:01:17+02:00

When it comes to sick leave and medical certificates, clarity and accuracy are paramount to maintaining a fair and just system.

A valid sick note is a crucial document that provides evidence of an individual’s medical condition and the need for sick leave.

Here are the essential components that constitute a valid medical certificate:

1. Identification and [more…]

Is your sick note valid? 10 things your medical certificate should have2024-03-01T11:01:17+02:00

Disciplinary Hearings in South Africa: What You Need to Know

2024-03-01T11:01:37+02:00

Disciplinary hearings can be a daunting experience for employers and employees in South Africa. It is essential for employers and employees to understand their rights, obligations and the disciplinary procedures that apply in the workplace. In this article, we will explore disciplinary hearings in South Africa.

Disciplinary Hearings: An Overview

Disciplinary hearings are a formal [more…]

Disciplinary Hearings in South Africa: What You Need to Know2024-03-01T11:01:37+02:00

You could be fired because of your co-worker in South Africa

2024-03-01T11:01:58+02:00

South African employees can be fired for the misconduct of their colleagues, however, the decision must be legally fair and just.

According to Jacques van Wyk and Michiel Heyns from Werksmans Attorneys, the retail sector often suffers from stock losses or shrinkage, with employers constantly struggling to identify perpetrators. The employer may then want to charge [more…]

You could be fired because of your co-worker in South Africa2024-03-01T11:01:58+02:00

The consequences of social media conduct on employment relationships

2024-03-01T11:02:18+02:00

With so many people using different platforms to connect and exchange information, social media has become an indispensable component of our personal and professional lives. However, as we have observed more frequently over the past few years, employees must exercise caution in what they post on social media because it may reflect poorly on the [more…]

The consequences of social media conduct on employment relationships2024-03-01T11:02:18+02:00

Termination of Zimbabwean Exemption Permit declared unlawful, unconstitutional and invalid

2024-03-01T11:02:39+02:00

The decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit programme has been declared unlawful, unconstitutional and invalid.

Three judges, sitting as a full bench in the Pretoria High Court, have directed the minister to reconsider the issue “following a fair process” that complies with the relevant laws.

Pending the outcome of [more…]

Termination of Zimbabwean Exemption Permit declared unlawful, unconstitutional and invalid2024-03-01T11:02:39+02:00

Inspections by the Department of Labour – Checklist provided

2024-03-01T11:02:59+02:00

Labour Inspectors of the Department of Labour visit workplaces from time to time to check the level of compliance with labour legislation.

Should you have employees, even if it is only one person, you are required by law to adhere to the requirements of the relevant legislation. To complicate matters, in South Africa labour matters are [more…]

Inspections by the Department of Labour – Checklist provided2024-03-01T11:02:59+02:00

I’m not following SHE legislation – so what?

2024-03-01T11:03:19+02:00

Are you aware how severe health and safety non-compliance penalties can be? Do you know how you are at risk of incurring these penalties, according to the Occupational Health and Safety Act (OHS Act)? Maybe? Maybe not? And here lies the problem. Sometimes, it isn’t willful disobedience of health and safety legislation (although sometimes it [more…]

I’m not following SHE legislation – so what?2024-03-01T11:03:19+02:00

Facing employee retrenchments? Key legal considerations

2024-03-01T11:04:03+02:00

Economists have very recently predicted that South Africa has a 45% risk of entering into a recession. Such a recession would come at the worst time for the country’s economic recovery. The many businesses that are in survival mode and the employees who have been under the constant threat of job losses occasioned by the [more…]

Facing employee retrenchments? Key legal considerations2024-03-01T11:04:03+02:00
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