• 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 Byte Archive »

    List of previous Labour Bytes

    COSATU PROTEST ACTION ON 27 SEPTEMBER 2017

    Cosatu gave notice to Nedlac of their intention to embark on protest action on Wednesday, 27 September 2017. The main thrust of this action relates to so-called state capture.

    RECORDING OF CONVERSATIONS WITHOUT CONSENT

    Question: May face to face conversations be recorded without consent?

    NEW MINIMUM WAGE RATES FOR HOSPITALITY INDUSTRY 2017-2018

    As from 1 July 2017, the new minimum wage rates for the hospitality industry sector are increased.

    NATIONWIDE PROTEST ACTION ON 7 APRIL

    How should employers respond to the call for nationwide protest action on 7 April?

    MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR EFFECTIVE 1 FEBRUARY 2017

    Considering that the previous increase came into effect on 1 March 2016, one may be forgiven for assuming that the implementation date of the new minimum wage rates in the Wholesale and Retail Sector would be 1 March 2017. But the effective date of the increase this year is 1 February 2017.

    DOMESTIC WORKER SECTOR WAGE INCREASE AS FROM 1 DECEMBER 2016

    The minimum wages in the Domestic Worker Sector will increase with effect from 1 December 2016.

    HOW USEFUL ARE CONTRACTUAL NOTICE PERIODS?

    Question: Is a contractual notice period of use to the parties in an employment relationship?

    ADDITIONAL COSTS DUE TO PUBLIC HOLIDAY ON 27 DECEMBER 2016

    This coming festive season we will have three public holidays in succession. First there is Christmas Day which falls on a Sunday. This is followed by the Day of Good Will on Monday, the 26th of December. In addition, we will now also be having a public holiday on 27 December 2016.

    ANNUAL LEAVE ACCRUAL DURING MATERNITY LEAVE

    Question: Does annual leave accrue during maternity leave?

    NEW MINIMUM RATES FOR HOSPITALITY INDUSTRY

    As from 1 July 2016, the minimum wage rates in the hospitality sector are increased

    PROBATION AND FIXED TERM CONTRACTS

    May an employer use a fixed term contract as a substitute for probation?

    TEA AND OTHER BREAKS – ARE THEY PAID?

    Question: Are employees entitled to be paid for tea and other breaks that occur in the working day?

    SICK LEAVE FOR MEDICAL CHECK-UPS

    May an employee who goes for regular medical check-ups with the doctor claim it as paid sick leave?

    NEW MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR

    1 March 2016 is the effective date for an increase in the minimum wage rates in the Wholesale and Retail Sector.

    MUST A FIXED-TERM CONTRACT HAVE AN END DATE?

    Must a fixed-term contract with an employee have an end date?

    AWOL: SET OFF AGAINST ANNUAL LEAVE?

    Question: If an employee is absent without leave or good reason, may an employer reduce the employee’s annual leave entitlement?

    FAR-REACHING DEVELOPMENTS SURROUNDING EMOLUMENT ATTACHMENT ORDERS

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

    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.

    NEW EARNINGS THRESHOLD AS FROM 1 JULY 2014

    The earnings threshold will increase to R 205 433.30 per year with effect from 1 July 2014. This has favourable implications for employees that previously earned in excess of the threshold, but will fall under the threshold as from 1 July 2014.

    EFFECT OF SICK LEAVE ON OVERTIME PAY

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

    FORFEITURE OF ANNUAL LEAVE

    Question: Can annual leave be forfeited?

    THE IMPORTANCE OF PERFORMANCE APPRAISALS

    A study showed that 80% of employees were dissatisfied with the performance appraisal system. Many managers also find it an extremely stressful process, so why not just do away with performance appraisals?

    THE RIGHT TO AN ANNUAL BONUS

    Question: Does an employee have a right to an annual bonus?

    INCORRECT IMPRESSION CREATED BY MEDIA ON SANGOMA SICK CERTIFICATES

    Recent newspaper reports imply that the Labour Appeal Court has now decided that employers have to accept ‘sick’ certificates from sangomas. This is not the case.

    PROPORTIONATE SICK LEAVE

    Question: Is an employee on a fixed term contract only entitled to proportionate sick leave?

    BRIEF ILLNESS – INSISTING ON A MEDICAL CERTIFICATE

    Question: If an employee is absent due to illness for a brief period (no more than 2 days), may the employer insist on a medical certificate?

    MAY EMPLOYER POLICIES BE CHANGED UNILATERALLY?

    Question: May an employer change a policy without the agreement of employees?

    PAYING EMPLOYEES A “FLAT RATE”

    May an employer pay its employees a flat rate (e.g. including pay for overtime worked, work on Sundays and public holidays, sick leave, family responsibility leave)?

    TERMINATION OF A CONTRACT OF TEMPORARY EMPLOYMENT

    Must an employer give notice of termination of the services of an employee who has been employed on a temporary basis?

    THE RIGHT TO ANNUAL INCREASES

    Does an employee have a right to an annual increase?

    THE OBLIGATION TO WORK OVERTIME

    Question: May employees be forced to work overtime? What if they refuse?

    CHANGING HOURS OF WORK

    May an employer increase or decrease agreed working hours of its employees?

    OVERTIME PAY FOR MANAGERS

    May a manager be required to work overtime, on Sundays and public holidays without receiving additional pay?

    SICK LEAVE DURING ANNUAL LEAVE

    Question: If an employee falls ill during annual leave, must the employee get paid sick leave? Or must the employee’s annual leave entitlement be extended?

    WHAT IS A “CASUAL”?

    Question: Does the concept of a “casual” still exist?