Labour Bytes

THE RIGHT TO AN ANNUAL BONUS

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

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SKILLS DEVELOPMENT MANDATORY GRANTS DEADLINE 30 JUNE 2013

We wish to remind employers that the 30 June 2013 deadline for the submission of your Annual Training Report (ATR) and Workplace Skills Plan (WSP) to the relevant SETA’s is fast approaching.

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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?

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THE RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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NEW MINIMUM WAGE INCREASE AND OTHER AMENDMENTS IN WHOLESALE & RETAIL SECTOR

The minimum wage rates in the Wholesale and Retail are increased as from 1 February 2013. There are also a few other amendments to the Sectoral Determination that employers need to note.

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Latest Articles

MAY AN EMPLOYEE WITHDRAW A RESIGNATION?

May an employee withdraw a notice of termination and must the employer accept the withdrawal? And is there a distinction between desertion and resignation without proper notice?

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CLAIMING FOR SKILLS DEVELOPMENT CLARIFIED

It is a misconception that companies can only be reimbursed for training provided by external SETA-registered institutions. Companies can in fact also be reimbursed for structured internal, day to day training as well as Learnerships offered.

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IMPACT OF AMENDMENTS TO THE EMPLOYMENT EQUITY ACT

The Bill seeks to rectify anomalies and clarify uncertainties that have arisen out from the interpretation of the EEA in the past decade. We will also see the expansion of the powers of the Labour Inspectorate and the jurisdiction of the CCMA.

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SIGNIFICANT CHANGES COMING TO BBBEE LEGISLATION

The DTI recently published a number of proposed amendments to the Broad Based Black Economic Empowerment Act for comment, which if implemented will have a significant impact on organisations, making it more onerous to retain or improve their ratings.

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EMPLOYEES WHO REFUSE TO SIGN A CONTRACT

Generally an employee may not be dismissed for refusing to sign a contract of employment. But are there circumstances where the employer can take stronger action short of dismissal?

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HIGHLIGHTS OF THE LRA AMENDMENT BILL

Finally we have clarity about the nature of the forthcoming amendments to the LRA and BCEA.

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HOW SERIOUS IS THE TRADE UNION THREAT?

When a trade union approaches an employer with the news that its employees have joined the union, one can understand that some employers might experience a sense of betrayal. But is it as bad as it seems?

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RETIREMENT AGE – THE EMPLOYER’S CHALLENGE

Our law does not provide for a national or general age at which employees have to, or may retire. Contracts of employment may of course contain an agreed retirement age, in which case the employer may ask the employee to leave employment once he or she has reached the agreed age. This is obviously subject [...]

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TRASHING YOUR BOSS ON FACEBOOK

Social networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer.

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PROTECTING WITNESSES IN DISCIPLINARY HEARINGS

What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?

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Labour Byte Archive »

List of previous Labour Bytes

SKILLS DEVELOPMENT MANDATORY GRANTS DEADLINE 30 JUNE 2013

We wish to remind employers that the 30 June 2013 deadline for the submission of your Annual Training Report (ATR) and Workplace Skills Plan (WSP) to the relevant SETA’s is fast approaching.

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?

NEW MINIMUM WAGE INCREASE AND OTHER AMENDMENTS IN WHOLESALE & RETAIL SECTOR

The minimum wage rates in the Wholesale and Retail are increased as from 1 February 2013. There are also a few other amendments to the Sectoral Determination that employers need to note.

PAYMENT FOR 16 AND 17 DECEMBER 2012

Costly payment obligation for the public holiday on Sunday 16 December 2012, especially for employers who have employees working on both 16 and 17 December 2012.

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?

FORFEITURE OF ANNUAL LEAVE

Question: Can annual leave be forfeited?

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?

NEW MINIMUM WAGES FOR THE HOSPITALITY INDUSTRY APPLICABLE FROM 1 JULY 2012

As from 1 July 2012, the minimum wage rates in the hospitality sector are increased

NEW EARNINGS THRESHOLD AS FROM 1 JULY 2012

The proposed increase in the earnings threshold will result in additional expenses for the employer.

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?

MINIMUM RATES FOR WHOLSALE & RETAIL SECTOR: 2012

As from 1 February 2012, the minimum wage rates in the Wholesale and Retail have been increased by approximately 6,38%.

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?

NEW MINIMUM RATES FOR THE HOSPITALITY INDUSTRY

As from 1 July 2011, the minimum wage rates in the hospitality sector are increased by 5,2%

NEW EARNINGS THRESHOLD: ADDITIONAL EXPENSE FOR EMPLOYERS

Certain provisions of the Basic Conditions of Employment Act of 1997 (the BCEA) pertaining to working time do not apply to senior managerial employees or employees who earn in excess of certain amount per year (the “earnings threshold”).

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?