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?
Read more...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.
Read more...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.
Read more...
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?
[...]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.
[...]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.
[...]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.
[...]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?
[...]Finally we have clarity about the nature of the forthcoming amendments to the LRA and BCEA.
[...]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?
[...]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 [...]
[...]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.
[...]What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?
[...]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
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
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
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
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
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
Contents
1. ANNUAL LEAVE AND LEAVE PAY
2. SICK LEAVE
3. MATERNITY LEAVE
4. FAMILY RESPONSIBILITY LEAVE
5. OCCASIONAL LEAVE
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
Contents
1. NOTICE PERIODS
2. PAYMENT IN LIEU OF NOTICE
3. EMPLOYEES IN ACCOMMODATION PROVIDED BY THE EMPLOYER
4. SEVERANCE PAY
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 [...]
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 [...]
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
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
