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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”).

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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%.

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THE RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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THE OBLIGATION TO WORK OVERTIME

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

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OVERTIME PAY FOR MANAGERS

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

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Latest Articles

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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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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ACCOMODATING CULTURAL BELIEFS AND INDIGENOUS CUSTOMS

Should an employer try to accommodate an employee’s request for leave of absence to be trained as a traditional healer, where the period of absence may be as long as one month or longer? Or to grant leave in excess of the family responsibility leave available to an employee so that she can fulfil her obligation to arrange for a family member’s funeral?

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QUO VADIS FIXED TERM CONTRACTS?

Just as we think that the law pertaining to fixed term contracts has settled, something changes. While the latest development regarding the expectation of renewal of a fixed term contract may be welcomed by employers, there is no reason to celebrate.

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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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DEALING WITH DESERTION

When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself.

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Forms

Forms to guide you in managing your labour relations and protect you against unfair dismissal or unfair labour practice claims. Click on your chosen area of interest below to download.

UNIONS AND STRIKES – NEGOTIATING WITH UNIONS

Negotiating with unions

UNIONS AND STRIKES – PROTECTED STRIKES

Code of Good Practice.Picketing.1998.05
Form 8.1 Preparing for a strike
Form 8.2 Checklist during the strike
Form 8.3 Checklist after the strike
Form 8.3 Checklist after the strike2
Form 8.4 Draft picketing agreement
Form 8.5 Strike flow chart

UNIONS AND STRIKES – UNPROTECTED STRIKES

Form 9.1 Notice in anticipation of strike
Form 9.2 Notice after commencement of Unlawful Strike
Form 9.3 Further notice during Unlawful Strike
Form 9.4 Unlawful Strike: Ultimatum
Form 9.5 Unlawful Strike: Notice of Dismissal
Form 9.6 Unlawful Strike: Notice of Disciplinary Action

EMPLOYMENT EQUITY – AFFIRMATIVE ACTION

Code of Good Practice.Preparation, implementation & monitoring of EE plans.1999.11
Employment Equity Regulations 2009.07.14
Form 14.1 Turnover threshold
Form 14.2 Fines for EE transgressions

EMPLOYMENT EQUITY – DISCRIMINATION

Code of Good Practice.Employment of People with Disabilities.2002.08.1919

BASIC CONDITIONS – SPECIFIC SECTORS – HOSPITALITY TRADE

Sectoral Determination 14: Hospitality Sector
Hospitality Trade – Minimum wages 2009 – 2010
Hospitality Trade – Contract of employment

BASIC CONDITIONS – SPECIFIC SECTORS – WHOLESALE/RETAIL

Sectoral Determination 9 – Wholesale and Retail Sector
Wholesale & Retail – Minimum wages 2010-2011
Wholesale & Retail – Contract of employment: Permanent
Wholesale & Retail – Contract of employment: Fixed
Wholesale & Retail – Explanatory notes
Annexure A: Proof of employment
Annexure B: Attendance register
Annexure C: Payslip

BASIC CONDITIONS – SPECIFIC SECTORS – DOMESTIC WORKERS

Sectoral Determination 7: Domestic Worker Sector
Domestic worker – Minimum wages 2010-2011
Domestic worker – Contract of employment
Domestic worker – Explanatory Note
Domestic worker – Time and Wage record
Domestic worker – Certificate of service
Domestic worker – Sectoral Determination Summary

Huiswerker – Dienskontrak
Huiswerker – Tyd en loon rekord
Huiswerker – Dienssertifikaat

BASIC CONDITIONS – SPECIFIC SECTORS – FARM WORKERS

Sectoral Determination 8: Farm worker
Farm workers – Minimum wages 2010 – 2011
Farm workers – Contract of employment
Farm workers – Explanatory notes
Farm workers – Accommodation addendum