The Department of Employment and Labour’s Draft Regulations for the Employment Equity Amendment Act are open for public comment, and employers must understand the changes.
In April 2023, President Cyril Ramaphosa signed the Employment Equity Amendment Act into law. Although the Bill was introduced a year ago, the commencement date is yet to be promulgated.
To address [more…]
The Department of Employment and Labour has officially unveiled an Occupational Health and Hygiene laboratory as part of exploring new ways of conducting inspections and equipping the inspectorate to adopt a scientific approach to their work.
The laboratory, unveiled by the Chief Directorate of Occupational Health and Safety (OHS) on Monday (25 March), is the first [more…]
The con-arb process is governed by the provisions of section 191(5A) of the Labour Relations Act 66 of 1995 (LRA). Con-arb simply means that that the arbitration hearing is scheduled to take place straight after the conciliation hearing, on the same day, in the event that the parties are not able [more…]
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.
A permanent employment contract endures indefinitely or at least until the date of retirement, subject to [more…]
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…]
‘The employer must give reasons for termination of employment by inserting the applicable code at the bottom of the UI-19 Form.
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…]
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…]
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…]
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…]
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…]
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:
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…]
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…]
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 are a formal [more…]
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…]
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 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…]
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…]
