The amendments to the Employment Equity Act (EEA) were expected to come into effect on 1 September 2023, in which event companies with fewer than 50 employees would no longer have been obliged to comply with the affirmative action provisions of the EEA. So why the delay, and what are the consequences?
EQUAL LEAVE FOR ALL PARENTS?
In a groundbreaking judgement handed down on 25 October 2023, the Gauteng High Court found that the existing parental leave provisions are unconstitutional as they unfairly discriminate between different categories of parents. So, what should employers do?
PAY FOR SUNDAY (24 SEPTEMBER) AND MONDAY (25 SEPTEMBER)
This year 24 September (Heritage Day) falls on a Sunday. This means that Monday, 25 September, is also a public holiday. The question has again arisen what employees should be paid.
TAXI STRIKE – NO TRANSPORT, NO PAY?
The taxi strike has given rise to several questions surrounding an employer’s responsibility towards its employees. Do employers have an obligation to provide transport or to pay employees? What about the employer’s obligations in terms of occupational health and safety legislation?
EXTENSION FOR ZIMBABWEAN WORKERS IN SOUTH AFRICA
The Minister of Home Affairs has granted Zimbabwe Exemption Permit (ZEP) holders a further extension, i.e. until 31 December 2023, for their alternative visa or waiver applications to be processed (the previous deadline was 30 June 2023).
VISA REPRIEVE FOR FOREIGN NATIONALS IN SOUTH AFRICA
On Wednesday, 29 March 2022, the Director General of Home Affairs made an announcement that would be good news to many foreign nationals. Certain applicants whose visa or waiver application outcomes are still pending have been given a temporary extension until 31 December 2023 to make the necessary arrangements to validate their right to live and work in South Africa.
MINIMUM WAGE INCREASE FROM 1 MARCH 2023
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2023.
NEW EARNINGS THRESHOLD AS FROM 1 MARCH 2023
Employees who earn in excess of certain amount per year (the “earnings threshold”), do not enjoy the same protection as lower earning employees. Working time is also regulated differently for senior managerial employees even if they earn less than the earnings threshold. How does this work, and are there other implications?
LOAD SHEDDING – NO POWER, NO PAY?
Due to persistent load shedding since the end of 2022, the question of payment has again been raised: Do employers have to pay employees during periods that they cannot work as a consequence of load shedding?
27 DECEMBER 2022 DECLARED A PUBLIC HOLIDAY
The President has declared the 27th of December 2022 to be public holiday in terms of Section 2A of the Public Holidays Act (PHA). READ MORE…
WILL 27 DECEMBER 2022 BE A PUBLIC HOLIDAY?
Although the festive season is still some way off, the question has been raised whether the 27th of December 2022 would be regarded as a public holiday. READ MORE…
FURTHER REPRIEVE FOR ZIMBABWEAN WORKERS IN SOUTH AFRICA
On Friday, 2 September 2022, the Minister of Home Affairs granted Zimbabwe Exemption Permit (ZEP) holders a further extension to obtain alternative work permits/visas. READ MORE…
FACE MASKS IN THE WORKPLACE?
Now that the Covid regulations issued in terms of the National Health Act have been repealed, the wearing of masks is no longer required in “indoor public places”. What about the workplace?
PAYMENT FOR SUNDAY 1 MAY AND MONDAY 2 MAY 2022
This year 1 May (Workers’ Day) falls on a Sunday. This means that Monday, 2 May, is also a public holiday. The question has again arisen what employees should be paid. Read more…
NEW EARNINGS THRESHOLD FROM 1 MARCH 2022
The regulation of working time for employees who earn in excess of certain amount per year (the “earnings threshold”), is different to that of lower earning employees. Working time is also regulated differently for senior managerial employees even if they earn less than the earnings threshold. How does this work, and are there other implications?
MINIMUM WAGE INCREASE FROM 1 MARCH 2022
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2022.
PAIA MANUAL DEADLINE: 31 DECEMBER 2021
All ‘private bodies’ that have not already done so, have until 31 December 2021 to compile a manual in terms of the Promotion of Access to Information Act of 2000 (PAIA).
UIF C19TERS EXTENDED TO 25 JULY 2021
The directive published 15 July 2021, extends UIF C19 TERS from 16 March 2021-25 July 2021. The scope remains limited to specified sectors (listed in annexures) – very beneficial to those who qualify.
The upside of POPI
Reflect on the positives of POPI and how to turn this additional “burden” to a benefit
UNEMPLOYMENT INSURANCE CONTRIBUTIONS CEILING RAISED
The maximum amount on which unemployment insurance fund contributions are calculated has been raised to R17712.00 (The previous maximum was R14872.00 per month). The change is effective from 1 June 2021.
Guide to UIF and other Covid-19 options
Much confusion has arisen with the introduction of the Covid-19 temporary employee / employer relief scheme (C19 TERS)
UIF – NEW “NATIONAL DISASTER BENEFIT”
According to an “Easy – Aid Guide for Employers”, the UIF has added a R3500 per month flat rate benefit to the existing relief measures, which it refers to as a “National Disaster Benefit”.
WHO PAYS SALARIES DURING 21-DAY LOCK-DOWN?
In a drastic measure to curb the spread of COVID-19, the SA Government has declared a lock-down as from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020. This will be enacted in terms of the Disaster Management Act. During this period all employees, with the exception of a few categories, will have to stay at home. Who pays their salaries? What happens after the 21-day lock-down?
UIF OPTIONS IN CORONAVIRUS CONTEXT
Here are the announced measures by Minister of Employment and Labour to facilitate a variety of UIF claims relating to the Coronavirus.
COVID-19 & UIF – SHORT TIME & TEMPORARY LAY-OFF
Some businesses are under severe strain as a consequence of the severe measures implemented due to the COVID-19 having been declared a national disaster. They are resorting to emergency measures such as short time & temporary lay-off. A fairly recent amendment to the Unemployment Insurance Act of 2001 is likely to bring much needed relief to affected employees.
CORONAVIRUS IMPACT IN THE WORKPLACE
Now that the World Health Organisation has declared the Coronavirus (COVID-19) outbreak a pandemic and the President has declared it a national disaster, employers are under increased pressure to take action: What precautionary measures should be taken, what forms of leave apply, how must employees be accommodated, quarantine, how does one deal with a slowdown in business, etc?
MINIMUM WAGE INCREASE FROM 1 MARCH 2020
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2020.
FIXED-TERM CONTRACTS AND SEVERANCE PAY
Is an employee whose fixed-term contract comes to an end entitled to severance pay?
MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR – CORRECTION
The minimum wages for the Wholesale & Retail that were published in the Government Gazette on 2 August 2019 were incorrect. These have now been corrected in a ‘Correction Notice’ dated 14 October 2019. The corrections have retrospective effect from 2 August 2019.
PAYMENT FOR SUNDAY 16 JUNE & MONDAY 17 JUNE
This year 16 June (Youth Day) falls on a Sunday. This means that Monday, 17 June, is also a public holiday. The question has again arisen what employees should be paid.
ELECTION DAY LIKE ANY OTHER PUBLIC HOLIDAY
Employers are reminded that the upcoming Election Day on Wednesday, 8 May 2019, has been declared a public holiday throughout the Republic of South Africa and that it should be treated the same as any other public holiday.
MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR (MARCH 2019)
Employers were expecting the minimum wage rates in the Wholesale and Retail Sector to be increased with effect from 1 March 2019 – this did not happen.
DOMESTIC WORKER MINIMUM WAGE EFFECTIVE 3 DECEMBER 2018
The minimum wages in the Domestic Worker Sector will increase with effect from 3 December 2018.
NATIONAL MINIMUM WAGE EFFECTIVE 1 JANUARY 2019
The national minimum wage (NMW) has been signed into law. Effective 1 January 2019. What exactly does this mean to employers and employees?
NEW MINIMUM RATES FOR HOSPITALITY – WHAT ABOUT THE NATIONAL MINIMUM WAGE?
The minimum wage rates in the hospitality sector have been increased with effect from 1 July 2018. The minimum rates are still below the National Minimum Wage (NMW) which is expected to be implemented during the course of 2018. How will employers be affected?
DOMESTIC WORKER MINIMUM WAGE INCREASE EFFECTIVE 1 JANUARY 2018
The minimum wages in the Domestic Worker Sector will increase with effect from 1 January 2018.
COSATU PROTEST ACTION ON 27 SEPTEMBER 2017
Cosatu gave notice to Nedlac of their intention to embark on protest action on Wednesday, 27 September 2017. The main thrust of this action relates to so-called state capture.
RECORDING OF CONVERSATIONS WITHOUT CONSENT
Question: May face to face conversations be recorded without consent?
NEW MINIMUM WAGE RATES FOR HOSPITALITY INDUSTRY 2017-2018
As from 1 July 2017, the new minimum wage rates for the hospitality industry sector are increased.
NATIONWIDE PROTEST ACTION ON 7 APRIL
How should employers respond to the call for nationwide protest action on 7 April?
MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR EFFECTIVE 1 FEBRUARY 2017
Considering that the previous increase came into effect on 1 March 2016, one may be forgiven for assuming that the implementation date of the new minimum wage rates in the Wholesale and Retail Sector would be 1 March 2017. But the effective date of the increase this year is 1 February 2017.
DOMESTIC WORKER SECTOR WAGE INCREASE AS FROM 1 DECEMBER 2016
The minimum wages in the Domestic Worker Sector will increase with effect from 1 December 2016.
HOW USEFUL ARE CONTRACTUAL NOTICE PERIODS?
Question: Is a contractual notice period of use to the parties in an employment relationship?
ADDITIONAL COSTS DUE TO PUBLIC HOLIDAY ON 27 DECEMBER 2016
This coming festive season we will have three public holidays in succession. First there is Christmas Day which falls on a Sunday. This is followed by the Day of Good Will on Monday, the 26th of December. In addition, we will now also be having a public holiday on 27 December 2016.
ANNUAL LEAVE ACCRUAL DURING MATERNITY LEAVE
Question: Does annual leave accrue during maternity leave?
PROBATION AND FIXED TERM CONTRACTS
May an employer use a fixed term contract as a substitute for probation?
TEA AND OTHER BREAKS – ARE THEY PAID?
Question: Are employees entitled to be paid for tea and other breaks that occur in the working day?
SICK LEAVE FOR MEDICAL CHECK-UPS
May an employee who goes for regular medical check-ups with the doctor claim it as paid sick leave?
NEW MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR
1 March 2016 is the effective date for an increase in the minimum wage rates in the Wholesale and Retail Sector.
MUST A FIXED-TERM CONTRACT HAVE AN END DATE?
Must a fixed-term contract with an employee have an end date?
AWOL: SET OFF AGAINST ANNUAL LEAVE?
Question: If an employee is absent without leave or good reason, may an employer reduce the employee’s annual leave entitlement?
FAR-REACHING DEVELOPMENTS SURROUNDING EMOLUMENT ATTACHMENT ORDERS
Do employers still have to deduct emolument orders from employee salaries?
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?
FORFEITURE OF ANNUAL LEAVE
Question: Can annual leave be forfeited?
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?
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.
PROPORTIONATE SICK LEAVE
Question: Is an employee on a fixed term contract only entitled to proportionate sick leave?
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?
MAY EMPLOYER POLICIES BE CHANGED UNILATERALLY?
Question: May an employer change a policy without the agreement of employees?
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)?
TERMINATION OF A CONTRACT OF TEMPORARY EMPLOYMENT
Must an employer give notice of termination of the services of an employee who has been employed on a temporary basis?
THE RIGHT TO ANNUAL INCREASES
Does an employee have a right to an annual increase?
THE OBLIGATION TO WORK OVERTIME
Question: May employees be forced to work overtime? What if they refuse?
CHANGING HOURS OF WORK
May an employer increase or decrease agreed working hours of its employees?
OVERTIME PAY FOR MANAGERS
May a manager be required to work overtime, on Sundays and public holidays without receiving additional pay?
SICK LEAVE DURING ANNUAL LEAVE
Question: If an employee falls ill during annual leave, must the employee get paid sick leave? Or must the employee’s annual leave entitlement be extended?
WHAT IS A “CASUAL”?
Question: Does the concept of a “casual” still exist?