Labour Bytes

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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FORFEITURE OF ANNUAL LEAVE

Question: Can annual leave be forfeited?

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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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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 RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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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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Guidelines »

Dismissal for misconduct, incompetence, medical incapacity and retrenchment, employment contracts, unions, disputes, strikes, ccma, conciliation, arbitration, employment equity and affirmative action. Get to know the south african labour laws: basic conditions of employment act, labour relations act, employment equity act, occupational health and safety. Be informed about all facets of labour relations.

WHOLESALE / RETAIL

Downloadable Forms Click here to access these documents in the Forms section

Sectoral Determination 9 – Wholesale and Retail Sector
Wholesale & Retail – Minimum wages 2011-2012
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

HOSPITALITY TRADE

Downloadable Forms Click here to access these documents in the Forms section

Sectoral Determination 14: Hospitality Sector
Hospitality Trade – Minimum wages 2011 – 2012
Hospitality Trade – Contract of employment

DOMESTIC WORKERS

Downloadable Forms Click here to access these documents in the Forms section

Sectoral Determination 7: Domestic Worker Sector
Domestic worker – Minimum Wages 2011-2014
Domestic worker – Contract of employment
Domestic worker – Explanatory Notes
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

FARM WORKERS

Downloadable Forms Click here to access these documents in the Forms section

Sectoral Determination 8: Farm workers
Farm workers – Minimum wages 2012 – 2013
Farm workers – Contract of employment
Farm workers – Explanatory notes
Farm workers – Accommodation addendum

PURPOSE AND APPLICATION

Contents

1. WHAT IS THE PURPOSE OF THE ACT?
2. TO WHOM DOES THE ACT APPLY?
2.1. Generally
2.2. Casual Employees
2.3. Temporary Employees
2.4. Temporary employment services (Labour Brokers)
2.5. Independant contractors?
3. CONTRACTING OUT OF THE BCEA

Downloadable Forms Click here to access these documents in the Forms section

BCEA 2: Wages register
BCEA 3: Attendance register
BCEA 4: Payslip
BCEA 5: Certificate of service

WORKING HOURS

Contents

1. ORDINARY HOURS OF WORK
1.1 Daily hours
1.2 Weekly hours
1.3 Emergency work
2. OVERTIME
3. COMPRESSED WORKING WEEK
4. AVERAGING OF HOURS
5. MEAL INTERVALS
6. REST PERIODS
7. SUNDAYS AND PUBLIC HOLIDAYS
8. NIGHT WORK

LEAVE

Contents

1. ANNUAL LEAVE AND LEAVE PAY
2. SICK LEAVE
3. MATERNITY LEAVE
4. FAMILY RESPONSIBILITY LEAVE
5. OCCASIONAL LEAVE

EMPLOYMENT CONTRACTS

Contents

1. WRITTEN PARTICULARS OF EMPLOYMENT TO BE KEPT
2. EMPLOYEES TO BE INFORMED OF THEIR RIGHTS
3. KEEPING OF RECORDS
4. INFORMATION ABOUT REMUNERATION
5. CERTIFICATE OF SERVICE
6. REMUNERATION: CALCULATION, PAYMENT AND DEDUCTIONS

TERMINATION OF EMPLOYMENT

Contents

1. NOTICE PERIODS
2. PAYMENT IN LIEU OF NOTICE
3. EMPLOYEES IN ACCOMMODATION PROVIDED BY THE EMPLOYER
4. SEVERANCE PAY

EMPLOYMENT OF CHILDREN

The Act prohibits the employment of children who are under school-leaving age. In terms of the Schools Act of 1996, children must attend school until the last day of the year in which they turn 15 or the ninth grade, whichever is first. In any event, children over that age may also not be employed [...]

SECTORAL DETERMINATIONS

The starting point in considering what basic conditions of employment apply to your business, is the Basic Conditions of Employment Act of 1997 (BCEA). It is, however, just as important determine in what industry your business is, because there may be some variations to the BCEA that apply to you. This can be as a [...]

DISMISSAL: MISCONDUCT

Contents

1. OVERVIEW: DISMISSAL FOR MISCONDUCT
2. THE NATURE OF DISCIPLINE
2.1 There must be a rule or standard
2.2 The rule must be valid
2.3 The rule must be consistently applied
2.4 The employee must be aware of the rule
2.5 Corrective approach
3. THE DISCIPLINARY HEARING
3.1 Preparation for disciplinary hearing
3.2 Conducting the disciplianry hearing
3.3 Administration after the hearing

Downloadable Forms Click here to access these documents in the Forms section

1A1 Notice of Disciplinary Enquiry
1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 1.1 Disciplinary Code & Procedure
Form1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing & suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines. Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service

DISMISSAL: MEDICAL INCAPACITY

Contents

1. WHAT IS MEANT BY MEDICAL INCAPACITY?
2. HOW DOES THE EMPLOYER BECOME AWARE OF THE PROBLEM?
3. WHAT PROCEDURES MUST BE FOLLOWED?
4. NOTIFICATION
5. ASSISTANCE / REPRESENTATION
6. CONSIDERATIONS OF FAIRNESS
7. CONFIDENTIALITY
8. THE TEST – LABOUR RELATIONS ACT OF 1995

Downloadable Forms Click here to access these documents in the Forms section

Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 3.1 Checklist
Form 3.2 Consent to disclose medical condition
Form 3.3 Notice of investigation
Form 3.4 Notice of dismissal

DISCRIMINATION

Contents

1. ELIMINATION / PROHIBIBTION OF UNFAIR DISCRIMINATION
2. WHERE DOES DISCRIMINATION ARISE?
3. MEDICAL TESTING
4. PSYCHOLOGICAL TESTING & SIMILAR ASSESSMENTS
5. DISPUTES ABOUT UNFAIR DISCRIMINATION

UNION RIGHTS

Contents

1. WHEN DO TRADE UNIONS HAVE RIGHTS?
2. TRADE UNION ACCESS
3. DEDUCTION OF SUBSCRIPTIONS OR LEVIES
4. LEAVE FOR TRADE UNION ACTIVITIES
5. TRADE UNION REPRESENTATIVES (SHOP STEWARDS)
6. DISCLOSURE OF INFORMATION
7. TRADE UNION APPROACH AND DISPUTES

Downloadable Forms Click here to access these documents in the Forms section

Form 6.1 Authorisation to deduct
Form 6.2 Notice of revocation
Form 6.3 Draft Recognition agreement

DESERTION & RESIGNATION

Contents

1. DESERTION
1.1. Meaning of desertion?
1.2. How to dismiss a deserter
1.3. How to dismiss a deserter
1.4. What if the deserter returns?
2. RESIGNATION
2.1. Meaning of resignation
2.2. How to deal with resignation
2.3. What if the person withdraws the resignation?

Downloadable Forms Click here to access these documents in the Forms section.

Form 5.1 Desertion letter

GRIEVANCES AND DISPUTE RESOLUTION

Contents

1. MANIFESTATIONS OF CONFLICT
2. THE NEED FOR A GRIEVANCE PROCEDURE
2.1. Definition
2.2. Why a Grievance Procedure ?
2.3. Group vs. Individual Grievance
2.4. Causes of grievances
2.5. Grievances vs. collective bargaining
2.6. Grievances vs. Discipline
3. PARTICIPANTS IN THE GRIEVANCE PROCEDURE
3.1. The Employee(s)
3.2. The Representative
3.3. The Supervisor
3.4. Management
4. CONDUCTING THE GRIEVANCE HEARING
4.1. Underlying principles
4.2. Always lend an ear
4.3. Consequences of badly handled grievances / no grievance procedure
4.4. Awareness of employees
4.5. Time scale
4.6. Record keeping
4.7. Do’s and Don’ts of grievance handling

Downloadable Forms Click here to access these documents in the Forms section

10A Grievance Notification
10B Grievance Hearing
10C Employee Information Document: Grievance Procedure

DISMISSAL: POOR WORK PERFORMANCE

Contents

1. POOR WORK PERFORMANCE: WHERE DOES IT FIT IN ?
2. MEANING OF POOR WORK PERFORMANCE
3. DEALING WITH POOR WORK PERFORMANCE
4. WHO SHOULD BE INVOLVED ?
5. INVESTIGATION THAT MAY LEAD TO DISMISSAL
6. THE TEST – LABOUR RELATIONS ACT
7. PROBATIONERS

Downloadable Forms Click here to access these documents in the Forms section

Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 2.1 Poor performance counselling
Form 2.2 Poor performance Notice of Investigation
Form 2.3 Poor performance Investigation guidelines
Form 2.4 Poor performance Notice of dismissal

AFFIRMATIVE ACTION

Contents

1. INTRODUCTION
2. THE EMPLOYMENT EQUITY ACT APPLIES TO “DESIGNATED EMPLOYERS”
3. THE OBLIGATION TO CONSULT
4. MAIN OBLIGATIONS OF THE EMPLOYER
4.1 Analysis
4.2 Employment Equity Plan (EEP)
4.3 Report on Employment Equity progress
5. OTHER DUTIES OF THE EMPLOYER
6. INFORMING THE EMPLOYEES
7. ADDRESSING INCOME DIFFERENTIALS
8. COMPLIANCE
9. STATE CONTRACTS

Downloadble Forms Click here to access these documents in the Forms section

Form 14.1 – Turnover threshold applicable to designated employers
From 14.2 – Possible fines for contravening the Employment Equity Act
Code of Good Practice: Employment Equity Plan
Regulations (including standard reporting forms)

NEGOTIATING WITH UNIONS

Contents

1. INTRODUCTION
2. RECOGNITION OF TRADE UNIONS
2.1 When to Recognise a Trade Union
2.2 The Recognition Agreement
3. BARGAINING STRUCTURES
3.1 Bargaining Units
3.2 Levels of Collective Bargaining
3.3 Bargaining Forums
4. WAGE NEGOTIATIONS
4.1 Preparing for Wage Negotiations
4.2 Conducting Wage Negotiations
4.3 Agreement and Implementation
5. COMMUNICATION WITH EMPLOYEES
6. COLLECTIVE AGREEMENTS
6.1 Types of Collective Agreement
6.2 Legal Effect of Collective Agreements
6.3 Disputes about Collective Agreements
6.4 Termination of Collective Agreements

Downloadable Forms Click here to access these documents in the Forms section

Form 7 Negotiating with unions

CONCILIATION

Contents

1. WHAT IS CONCILIATION?
2. WHEN CAN A DISPUTE BE REFERRED TO CONCILIATION?
3. WHO LEADS THE CONCILIATION PROCESS?
4. TIME LIMIT
5. THE CONCILIATOR
6. WHO ATTENDS CONCILIATION?
7. LEGAL REPRESENTATION AT CONCILIATION
8. WHAT HAPPENS IF THE PARTIES DON’T SETTLE?
9. HOW TO PREPARE
10. EFFECT OF CONCILIATION

Downloadable Forms Click here to access these documents in the Forms section

Form 11.1 – Dispute resolution bodies and processes
Form 11.2 – Disputes and their processes
Form 11.3 – Guidelines: Preparation for Conciliation

PROTECTED STRIKES

Contents

1. INTRODUCTION
2. WHAT IS STRIKE ACTION ?
3. THE RIGHT TO STRIKE
4. SECONDARY (SYMPATHY) STRIKES
5. DEALING WITH AN UNLAWFUL STRIKE
6. DEALING WITH A LAWFUL STRIKE
6.1 Before the strike
6.2 During the strike
6.3 After the strike
7. PICKETING
8. PROTEST ACTION

Downloadable Forms Click here to access these documents in the Forms section

Form 8.1 – Checklist: Preparing for a strike
Form 8.2 – Checklist: During the strike
Form 8.3 – Checklist: After the strike
Form 8.4 – Draft Picketing Agreement
Form 8.5 – Flowchart: Procedure for Strike/Protest action

ARBITRATION AT THE CCMA

Contents

1. WHAT IS ARBITRATION?
2. WHEN CAN A MATTER BE REFERRED?
3. HOW IS A DISPUTE REFERRED?
4. TIME LIMIT
5. THE ARBITRATOR
6. LEGAL REPRESENTATION AT ARBITRATION
7. WHAT HAPPENS AT ARBITRATION?
8. AWARDS IN UNFAIR DISMISSAL DISPUTES

Downloadable Forms Click here to access these documents in the Forms section

Form 12.1 – Outline: Arbitration process
From 12.2 – Arbitration/Adjudication awards

RETRENCHMENT <50 EMPLOYEES

Contents

1. MEANING OF RETRENCHMENT
2. WHEN CAN EMPLOYEES BE RETRENCHED
3. THE DUTY TO CONSULT
3.1 Who to consult with
3.2 What to consult about
3.3 Disclosure of information
3.4 What does “consult” mean
4. SELECTION CRITERIA
5. AVOIDING/MINIMISING RETRENCHMENT
6. TIMING OF RETRENCHMENT
7. MITIGATING THE ADVERSE EFFECTS OF RETRENCHMENT
8. SEVERANCE PAY
8.1 The amount
8.2 Where there is no obligation to pay

Downloadable Forms Click here to access these documents in the Forms section

Code of Good Practice. Dismissal for operational requirements.1999.07
Form 4.1 Retrenchment checklist
Form 4.2 Invitation to consult
Form 4.3 Letter to employees
Form 4.3 Retrenchment Agreement
Form 4.4 Final decision confirmation
Form 4.5 Final consultation (individual employee)
Form 4.6 Notice of termination
Form 4.7 Reference letter

RETRENCHMENT >50 EMPLOYEES

Contents

1. RETRENCHMENT: EMPLOYERS WITH MORE THAN 50 EMPLOYEES
1.1. Introduction
1.2. Facilitator
1.3. 60 days allowed for consultation/facilitation
1.4. Consultation
1.5. After the 60 days

UNPROTECTED STRIKES

Contents

1. COLLECTIVE MISCONDUCT
2. WHEN CAN DISCIPLINARY ACTION BE TAKEN?
3. HOW TO TAKE DISCIPLINARY ACTION
4. DISCIPLINARY ACTION IF EMPLOYEES RETURN FROM WORK

Downloadable Forms Click here to access these documents in the Forms section

Form 9.1 – Notice in anticipation of possible Unlawful 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