• The Expert Explains

    The Expert Explains

    Question: Valid or not?
    "Your hours of work can be changed, provided you are given 12 hours notice of such change"?

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    Labour Bytes

    FORFEITURE OF ANNUAL LEAVE

    Question: Can annual leave be forfeited?

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    TAKING ADVANTAGE OF THE “YOUTH WAGE SUBSIDY”

    With effect from 1 January 2014 employers can take advantage of the Employment Tax Incentive (ETI), often referred to as the “youth wage subsidy”. It appears to be a very simple process, essentially administered by SARS.

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    FAR-REACHING DEVELOPMENTS SURROUNDING EMOLUMENT ATTACHMENT ORDERS

    Do employers still have to deduct emolument orders from employee salaries?

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    EFFECT OF SICK LEAVE ON OVERTIME PAY

    How does an employee’s absence due to illness affect overtime pay?

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    POWER OUTAGES – MUST EMPLOYEES BE PAID?

    The recent power outages have again raised the question as to whether employees can insist on payment of their salaries or wages for the duration of such outages.

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    Latest Articles

    PART-TIME EMPLOYMENT CLARIFIED

    Until recently, our labour legislation has made no reference to part-time employment. What has gone almost unnoticed is the specific introduction of the protection of employees that are employed on a part-time basis in contrast to fixed term contracting that has received a lot of publicity recently.

    [...]

    PHYSICAL SEARCHES, ALCOHOL, DRUG AND POLYGRAPH TESTING-MAY AN EMPLOYER INSIST?

    There is nothing in our law that prevents an employer from adopting a workplace policy that requires employees to submit to tests or allow themselves and their belongings to be searched.

    [...]

    INSOLENCE AND INSUBORDINATION – WHAT IS THE DIFFERENCE?

    The workplace is not a democracy. One of the implied terms of the contract of employment is that of subordination – the employee has to submit to the authority of the employer provided this is exercised lawfully and reasonably.

    [...]

    FIXED TERM CONTRACTS – CHANGES EFFECTIVE FROM 1 JANUARY 2015

    One of the most important changes to the Labour Relations Act , which came into effect on 1 January 2015, is the added protection afforded to employees on fixed term contracts. While some employers and employees are not directly affected, the impact will be far reaching and employers are encouraged to review their current contracts and practices to ensure compliance.

    [...]


    WELCOME TO LABOURWISE – The Employer’s Choice

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    We offer advice on labour and employment related matters: labour laws, employment contracts and forms, misconduct, disciplinary hearings, unfair dismissal, retrenchment, labour relations, trade unions, disputes, ccma conciliation and arbitration, case law, strikes and industrial action.

    Full membership includes online, telephonic & email advice.
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    PART-TIME EMPLOYMENT CLARIFIED

    Until recently, our labour legislation has made no reference to part-time employment. What has gone almost unnoticed is the specific introduction of the protection of employees that are employed on a part-time basis in contrast to fixed term contracting that has received a lot of publicity recently.

     

    INSOLENCE AND INSUBORDINATION – WHAT IS THE DIFFERENCE?

    The workplace is not a democracy. One of the implied terms of the contract of employment is that of subordination – the employee has to submit to the authority of the employer provided this is exercised lawfully and reasonably.

     

    THE IMPORTANCE OF SKILLS DEVELOPMENT AND THE NEW BBBEE CODES

    How will an organisation’s upcoming skills development submission impact on its future BBBEE ratings and what steps can be taken to maximise their scores in this element?

     

    EMPLOYER RIGHTS PERTAINING TO PREGNANCY AND MATERNITY LEAVE

    Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who, at the time of appointment, failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine reasons relating to performance, disciplinary action or redundancy?

     

    FIXED TERM CONTRACTS – CHANGES EFFECTIVE FROM 1 JANUARY 2015

    One of the most important changes to the Labour Relations Act , which came into effect on 1 January 2015, is the added protection afforded to employees on fixed term contracts. While some employers and employees are not directly affected, the impact will be far reaching and employers are encouraged to review their current contracts and practices to ensure compliance.

     

    TERMINATING AN EMPLOYEE’S SERVICES BY AGREEMENT

    Is it always necessary to go through onerous disciplinary or incapacity procedures before terminat-ing an employee’s service? The short answer is no. Unfair dismissal protection only applies when an employee is dismissed.

     

    CONTRACTING OUT OF THE LABOUR RELATIONS ACT

    Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

     

    CHANGING A DISCIPLINARY SANCTION

    Does it make any difference if the employer’s disciplinary procedure makes specific provision for management’s power to overrule a chairperson’s decision? Or if it states that the chairperson’s findings are just recommendations and not final decisions?