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?
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?
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.
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?
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).
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.
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect 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?
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?
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…
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…
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…
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?
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…
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?
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2022.
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).
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.
Reflect on the positives of POPI and how to turn this additional “burden” to a benefit
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.
Much confusion has arisen with the introduction of the Covid-19 temporary employee / employer relief scheme (C19 TERS)
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”.
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?
Here are the announced measures by Minister of Employment and Labour to facilitate a variety of UIF claims relating to the Coronavirus.
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.
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?
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2020.
Is an employee whose fixed-term contract comes to an end entitled to severance pay?
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.
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.
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.
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.
The minimum wages in the Domestic Worker Sector will increase with effect from 3 December 2018.
The national minimum wage (NMW) has been signed into law. Effective 1 January 2019. What exactly does this mean to employers and employees?
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?
The minimum wages in the Domestic Worker Sector will increase with effect from 1 January 2018.
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.
Question: May face to face conversations be recorded without consent?
As from 1 July 2017, the new minimum wage rates for the hospitality industry sector are increased.
How should employers respond to the call for nationwide protest action on 7 April?
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.
The minimum wages in the Domestic Worker Sector will increase with effect from 1 December 2016.
Question: Is a contractual notice period of use to the parties in an employment relationship?
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.
Question: Does annual leave accrue during maternity leave?
May an employer use a fixed term contract as a substitute for probation?
Question: Are employees entitled to be paid for tea and other breaks that occur in the working day?
May an employee who goes for regular medical check-ups with the doctor claim it as paid sick leave?
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 with an employee have an end date?
Question: If an employee is absent without leave or good reason, may an employer reduce the employee’s annual leave entitlement?
Do employers still have to deduct emolument orders from employee salaries?
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.
How does an employee’s absence due to illness affect overtime pay?
Question: Can annual leave be forfeited?
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?
Question: Does an employee have a right to an annual bonus?
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.
Question: Is an employee on a fixed term contract only entitled to proportionate sick leave?
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?
Question: May an employer change a policy without the agreement of employees?
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)?
Must an employer give notice of termination of the services of an employee who has been employed on a temporary basis?
Does an employee have a right to an annual increase?
Question: May employees be forced to work overtime? What if they refuse?
May an employer increase or decrease agreed working hours of its employees?
May a manager be required to work overtime, on Sundays and public holidays without receiving additional pay?
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?
Question: Does the concept of a “casual” still exist?