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    The Expert Explains

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    ILLEGAL FOREIGNERS – A CATCH 22 SITUATION FOR EMPLOYERS

    There could be several reasons for employers ending up having ‘illegal’ foreigners in their employ. The illegal employment of a foreigner is expressly prohibited by the Immigration Act. What does an employer do if a work permit is due to expire, or has already expired?

    DISMISSAL FOR ILL HEALTH

    Arbitrators will look at the following factors when deciding whether or not a dismissal for ill health was fair.

    EMPLOYEE’S RIGHT TO REMAIN SILENT?

    Much has been said of “the right to remain silent”. It may be raised by a defendant in criminal law, but does it mean anything in the employment relationship?

    PLEA BARGAIN ARRANGEMENTS IN DISCIPLINARY CASES

    The issue of ‘plea bargaining’ arises where there are several perpetrators involved in a disciplinary transgression. The employer needs one or more co-perpetrators to give evidence at the disciplinary hearing. Can one agree to a lesser sanction in return for his testimony against the alleged accomplices?

    FEAR OF SNAKES: A REASON TO REFUSE TO WORK?

    Wilful and persistent refusal to carry out an instruction often results in summary dismissal. It becomes trickier if the employee has a good reason not to follow the instruction. So, what is a good reason to refuse to work?

    EMPLOYEES ON PROBATION: MISCONDUCT AS A BASIS FOR DISMISSAL

    May employees on probation be dismissed for lesser forms of misconduct?

    MOONLIGHTING

    Earning extra money outside of working hours (also referred to as ‘moonlighting’) may sound like a good idea. But what if the employer objects?

    MISCONDUCT OR INCAPACITY – WHEN IN DOUBT?

    Where employees don’t do what is expected of them, the employer is often faced with a practical dilemma: Do I treat this as misconduct or incapacity?

    ZERO TOLERANCE APPROACH TO DISCIPLINE IN THE WORKPLACE

    How high may the employer set the bar when it comes to discipline in the workplace– may a zero tolerance approach be implemented?

    ARE VOLUNTEER WORKERS PROTECTED?

    The assumption is often made that people who do volunteer work are not employees. But are volunteers protected by labour legislation?

    SOCIAL MEDIA – SHOOTING YOURSELF IN THE FOOT

    Social media has become a powerful communication tool, but using it can have far-reaching consequences. Can employees be dismissed for expressing their personal opinions outside the workplace and outside of working hours?

    DO EMPLOYERS REALLY NEED LAWYERS TO DRAFT DISCIPLINARY NOTICES?

    Drafting a proper disciplinary notice can be frustrating. Many employers would simply pass the responsibility to external advisors. Yet, provided a few fundamentals are taken care of, there is no reason why managers could not do it themselves and leave only the most complicated cases for external parties to assist with.

    HIGH LEVEL EMPLOYEES ON PROBATION

    As a rule employers should give newly-appointed employees some time to settle in before deciding on their suitability for the job. But would it be fair to expect an employee appointed to a high level job to ‘hit the ground running’?

    DOES TRAVEL OR ‘WAITING’ TIME FORM PART OF WORKING HOURS?

    Time spent travelling between clients and the workplace during the working day would normally be regarded as working time. But what about time spent travelling to work, or time spent at the workplace before commencing with normal daily tasks?

    PART-TIME EMPLOYMENT CLARIFIED

    Until recently, our labour legislation has made no reference to part-time employment. What has gone almost unnoticed is the specific introduction of the protection of employees that are employed on a part-time basis in contrast to fixed term contracting that has received a lot of publicity recently.

    PHYSICAL SEARCHES, ALCOHOL, DRUG AND POLYGRAPH TESTING-MAY AN EMPLOYER INSIST?

    There is nothing in our law that prevents an employer from adopting a workplace policy that requires employees to submit to tests or allow themselves and their belongings to be searched.

    INSOLENCE AND INSUBORDINATION – WHAT IS THE DIFFERENCE?

    The workplace is not a democracy. One of the implied terms of the contract of employment is that of subordination – the employee has to submit to the authority of the employer provided this is exercised lawfully and reasonably.

    THE IMPORTANCE OF SKILLS DEVELOPMENT AND THE NEW BBBEE CODES

    How will an organisation’s upcoming skills development submission impact on its future BBBEE ratings and what steps can be taken to maximise their scores in this element?

    EMPLOYER RIGHTS PERTAINING TO PREGNANCY AND MATERNITY LEAVE

    Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who, at the time of appointment, failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine reasons relating to performance, disciplinary action or redundancy?

    FIXED TERM CONTRACTS: Changes effective 1 Jan 2015

    One of the most important changes to the Labour Relations Act , which came into effect on 1 January 2015, is the added protection afforded to employees on fixed term contracts. While some employers and employees are not directly affected, the impact will be far reaching and employers are encouraged to review their current contracts and practices to ensure compliance.

    TERMINATING AN EMPLOYEE’S SERVICES BY AGREEMENT

    Is it always necessary to go through onerous disciplinary or incapacity procedures before terminating an employee’s service? The short answer is no. Unfair dismissal protection only applies when an employee is dismissed.

    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.

    CONTRACTING OUT OF THE LABOUR RELATIONS ACT

    Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

    CHANGING A DISCIPLINARY SANCTION

    Does it make any difference if the employer’s disciplinary procedure makes specific provision for management’s power to overrule a chairperson’s decision? Or if it states that the chairperson’s findings are just recommendations and not final decisions?

    MEDICAL CERTIFICATES BY TRADITIONAL HEALERS

    Do medical certificates issued by traditional healers have to be accepted by employers? While there does not appear to be an obligation to do so at present, indications are that it will be soon become a reality.

    THE RELEVANCE OF LAPSED DISCIPLINARY WARNINGS

    Can lapsed warnings be taken into account when an employee faces disciplinary action?

    EMPLOYMENT EQUITY ACT AMENDMENTS EFFECTIVE FROM 1 AUGUST 2014

    The Employment Equity Amendment Act of 2013 has finally come into effect on 1 August 2014. Not only large employers are effected and some provisions apply to all employers, irrespective of their size. The Department Labour is likely to be very active in assessing employers’ compliance in the months to come.

    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?

    ZERO TOLERANCE FOR ALCOHOL AND DRUGS IN THE WORKPLACE

    Dealing with alcohol and drug abuse in the workplace is not easy. At the one extreme you might have a driver who drinks heavily on a particular occasion while on duty, and then drives and crashes a company vehicle while under the influence of alcohol. At the other extreme, you might have a clerk who occasionally smells of alcohol at the workplace, but approaches the employer of his own free will for assistance with alcohol dependency. While these situations clearly require different approaches, there could be a number of situations in between that each requires a slightly different approach.

    EARLY TERMINATION OF FIXED TERM CONTRACT BY BALEKA MBETE

    When employers want to terminate a fixed-term contract before the expiry date, it would seem to make sense that this could be done as long as they pay the employee for the balance of the term. However, a recent Labour Court case involving the Office of the Presidency has highlighted the fact that premature termination of employment may amount to an unfair dismissal.

    TAKING ADVANTAGE OF THE “YOUTH WAGE SUBSIDY”

    With effect from 1 January 2014 employers can take advantage of the Employment Tax Incentive (often referred to as the “youth wage subsidy”). It appears to be a very simple process, essentially administered by SARS.

    SKILLS DEVELOPMENT AND THE NEED TO PLAN FOR THE 2014/2015 SUBMISSIONS

    The date by which employers have to submit their Workplace Skills Plan (WSP) and the Annual Training Report (ATR) to their SETA’s is fast approaching. It has been brought forward to 30 April 2014 (having previously been 30 June of each year).

    FORFEITURE OF ANNUAL LEAVE

    Question: Can annual leave be forfeited?

    TAKING ADVANTAGE OF THE “YOUTH WAGE SUBSIDY”

    With effect from 1 January 2014 employers can take advantage of the Employment Tax Incentive (ETI), often referred to as the “youth wage subsidy”. It appears to be a very simple process, essentially administered by SARS.

    “PIEMPING” ON A FELLOW EMPLOYEE

    What if a fellow employee does something that causes the employer harm – is there an obligation on his/her collegues to report this to the employer?

    DISCIPLINING EMPLOYEES WHO ARE ON SICK LEAVE

    Just before she has to attend a disciplinary hearing, your employee submits a medical certificate stating that she is unable to attend the hearing because of some undisclosed illness. What should you do?

    DISPUTES ABOUT BENEFITS PART 2: DISPUTES OF RIGHT AND DISPUTES OF INTEREST

    In the previous article we discussed recent developments is case law relating to disputes about ‘benefits’. We pointed out that such disputes that would previously have been referred to the Labour Court because it related to remuneration, may now be referred to the CCMA on the basis that the employer has exercised its discretion unfairly. But there is another potential obstacle that needs to be considered – this is the argument that the CCMA does not have the jurisdiction to arbitrate on so-called ‘disputes of interest’.

    DISPUTES ABOUT BENEFITS PART 1: THE DISTINCTION BETWEEN REMUNERATION AND BENEFITS

    Employers have been avoiding liability for unfair labour practice claims relating to “benefits” for some time. It has been argued, often successfully, that the CCMA lacks jurisdiction where a dispute about benefits relates to remuneration. This and other barriers have since been eroded significantly.

    DOCTORS ISSUING SICK CERTIFICATES ON DEMAND

    Employees are not necessarily the only ones to blame for the abuse of sick leave in South African workplaces. It is a known fact that some doctors earn an easy fee by issuing medical certificates without examining the employee. Most employers assume that they simply have to accept medical certificates at face value.

    WORKING AFTER RETIREMENT – BUT HOW DOES ONE TERMINATE EMPLOYMENT?

    It sometimes makes sense for companies to allow certain employees to continue working after the agreed or normal retirement age. The question is this: How does one go about terminating employment during that period?

    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?

    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?

    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.

    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.

    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.

    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.

    PROPORTIONATE SICK LEAVE

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

    ACCOMMODATING RELIGIOUS BELIEFS

    In a society with diverse religious beliefs employers are challenged not only to be tolerant, but also to accommodate that diversity in the workplace. To what extent must religious beliefs and practices of employees be accommodated?

    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?

    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?

    HIGHLIGHTS OF THE LRA AMENDMENT BILL

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

    MAY EMPLOYER POLICIES BE CHANGED UNILATERALLY?

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

    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?

    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)?

    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 […]

    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.

    THE RIGHT TO ANNUAL INCREASES

    Does an employee have a right to an annual increase?

    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?

    THE OBLIGATION TO WORK OVERTIME

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

    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.

    GLOSSARY

    OFTEN USED WORDS AND PHRASES

    The following is a glossary of words and phrases that subscribers might encounter:

    AFFIRMATIVE ACTION: WHERE THE LAW STANDS AT PRESENT

    The recently proposed amendments to the Employment Equity Act (‘EEA’) created much discussion and concern. The concern arose from both the substance of some of the proposals and the poor manner in which they were drafted. For now it would appear that the proposed changes (as well as proposed changes to the LRA and the BCEA) will not be passed in law in their current form. We are likely to see, at some point in the not too distant future, better considered and drafted proposals for change.

    PROSPECTIVE EMPLOYEE’S DUTY TO DISCLOSE INFORMATION

    There is a fair chance that a job seeker has left the employment of the former employer on bad terms. Whatever the circumstances, the applicant is faced with the difficulty that volunteering such information could harm the prospects of getting a new job. The job seeker may get away by being scant on detail in the CV. Being evasive during the job interview is likely to be more problematic. But how far does the duty to disclose go?

    NO EASY WAY OUT FOR LABOUR BROKERS

    Employers engage temporary employment services (‘TES’ or ‘labour brokers’) for various reasons, one being the relative ease with which under-performing or misbehaving placements can be replaced. Unless there is a contractual provision between the client and the TES, which limits the client’s ability to demand replacements, the client is king. As the law stands at […]

    AMENDMENTS TO LABOUR LEGISLATION: WHAT SHOULD EMPLOYERS BE DOING RIGHT NOW?

    While the proposed amendments to labour legislation have attracted significant media attention, many refinements can still be introduced before the amendments reach the statute book. Even so, employers should be mindful that they will be facing far-reaching changes to the current labour law dispensation. So what could and should employers do at this stage to […]

    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 2018-2019
    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

    KEEPING UP WITH EMPLOYMENT EQUITY

    Complying with the Employment Equity Act (EEA) is not merely a mechanical process. There are indeed some procedural requirements, but in assessing compliance consideration must be given to whether ‘sufficient progress’ has been made with the …

    DISMISSING IMPRISONED EMPLOYEES

    When an employee is imprisoned for having committed a crime, there could be more than one reason why the employer might want to terminate employment. The employer might feel that the nature of the crime is such that the employee has become unsuitable as an employee, or that the duration of the imprisonment is unreasonably […]

    ELECTRONIC COMMUNICATIONS AND EMPLOYEE PRIVACY

    When employees send e-mails, they don’t always anticipate where an e-mail might eventually end up. What about their right to privacy?

    UNFAIR DISMISSAL – DISMISSAL FOR MISCONDUCT

    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
    Form 1.2 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

    UNFAIR DISMISSAL – MEDICAL INCAPACITY

    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

    UNFAIR DISMISSAL – DESERTION & RESIGNATION

    Form 5.1 Desertion letter

    UNFAIR DISMISSAL – POOR WORK PERFORMANCE

    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

    UNFAIR DISMISSAL – RETRENCHMENT

    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

    DISPUTES – GRIEVANCE AND DISPUTE RESOLUTION

    Form 10.1 Grievance Procedure
    Form 10.2 Grievance Notification
    Form 10.3 Guidelines for Grievance Hearing

    DISPUTES – CONCILIATION

    Form 11.1 Dispute resolution bodies
    Form 11.2 Disputes and their processes
    Form 11.3 Guidelines for conciliation

    FARM WORKERS

    Farmworkers_Permanent_Fixed Term
    Farmworkers_Accommodation schedule
    Farmworkers_Explanatory notes

    WHOLESALE & RETAIL SECTOR

    Wholesale_Permanent_Indefinite
    Wholesale_Temporary/Fixed term
    Wholesale_Explanatory notes to contract

    HOSPITALITY SECTOR

    Hospitality_Permanent_Indefinite
    Hospitality_Fixed

    BASIC CONDITIONS OF EMPLOYMENT ACT

    Basic Conditions of Employment Act_Permanent
    Basic Conditions of Employment Act_Temporary/Fixed Term
    Basic Conditions of Employment Act_Occasional

    DISPUTES – ARBITRATION AT THE CCMA

    Form 12.1 Guidelines for arbitration process
    Form 12.2 Flowchart for dispute resolution

    HOSPITALITY TRADE

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

    Sectoral Determination 14: Hospitality Sector
    Hospitality Wages 2017 – 2018
    Hospitality Trade – Contract of employment

    BASIC CONDITIONS OF EMPLOYMENT ACT – PURPOSE AND APPLICATION

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

    UNIONS AND STRIKES – UNION RIGHTS

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

    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

    FARM WORKERS

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

    Sectoral Determination 8: Farm workers
    Farm workers – Minimum wages 2014-2016
    Farm workers – Contract of employment
    Farm workers – Explanatory notes
    Farm workers – Accommodation addendum

    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

    NOT ALLOWED TO DISMISS A THIEF?

    In Shoprite Checkers (Pty) Ltd v CCMA & Others the LAC held essentially that theft should be treated like all other forms of misconduct and that mitigating factors must also be taken into account.

    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

    EMPLOYMENT EQUITY – DISCRIMINATION

    Code of Good Practice.Employment of People with Disabilities.2002.08.1919
    Code of Good practice.Handling Sexual Harassment.2005.06.22
    Code of Good Practice.Integration of EE into HR Policies & Practices.2005.08.04
    Form 13.1

    TRANSFERRING YOUR BUSINESS – SIMPLIFIED OR COMPLICATED?

    One of the most significant amendments to the Labour Relations Act that became effective on 1 August 2002, relates to the transfer of business as a going concern. In many respects the law is clarified. But here are some sticky questions.

    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

    BASIC CONDITIONS – SPECIFIC SECTORS – HOSPITALITY TRADE

    Sectoral Determination 14: Hospitality Sector
    Hospitality Trade – Minimum wages 2017–2018
    Hospitality Trade – Contract of employment

    TERMINATION OF EMPLOYMENT

    Contents

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