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.

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THE RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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THE RIGHT TO AN ANNUAL BONUS

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

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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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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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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)

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