QUO VADIS FIXED TERM CONTRACTS?

In Article Archive, Private by Jan Truter10 Comments

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.

ACCOMODATING CULTURAL BELIEFS AND INDIGENOUS CUSTOMS

In Article Archive, Private by Pieter2 Comments

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?

TRASHING YOUR BOSS ON FACEBOOK

In Article Archive, Private by Jan TruterLeave a Comment

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

In Glossary, Private by Pieter2 Comments

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

In Article Archive, Private by Barney JordaanLeave a Comment

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

In Article Archive, Private by Jan Truter4 Comments

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?

WHOLESALE / RETAIL

In Basic conditions - specific sectors, Private by Pieter4 Comments


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

In Article Archive, Private by Barney JordaanLeave a Comment

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 …

UNFAIR DISMISSAL – DISMISSAL FOR MISCONDUCT

In Forms, Private by Pieter6 Comments


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 – POOR WORK PERFORMANCE

In Forms, Private by Pieter2 Comments


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

In Forms, Private by PieterLeave a Comment


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

LABOUR LAWS

In Labour laws by PieterLeave a Comment


Labour Relations Act No. 66 of 1995 (as amended)

Basic Conditions of Employment Act No. 75 of 1997 (as amended)

National Minimum Wage Act 2018

Employment Equity Act No. 55 of 1998 (as amended)

Skills Development Act No. 97 of 1998 (as amended)

Public Holidays Act No. 36 of 1994

The Constitution of the Republic of South Africa

Compensation for Occupational Injuries and Diseases Act 130 of 1994 (as amended)

Occupational Health & Safety Act No.85 of 1993 (as amended)

DOMESTIC WORKERS

In Basic conditions - specific sectors by Pieter15 Comments


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

Sectoral Determination 7: Domestic Worker Sector
Domestic worker – Minimum Wages 2018-2019
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

UNIONS AND STRIKES – PROTECTED STRIKES

In Forms, Private by Pieter2 Comments


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

In Forms, Private by PieterLeave a Comment


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

PURPOSE AND APPLICATION

In Basic conditions of Employment Act, Private by PieterLeave a Comment


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

EMPLOYMENT EQUITY – DISCRIMINATION

In Forms, Private by Pieter2 Comments


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

BASIC CONDITIONS – SPECIFIC SECTORS – WHOLESALE/RETAIL

In Forms, Private by Pieter6 Comments


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

BASIC CONDITIONS – SPECIFIC SECTORS – DOMESTIC WORKERS

In Forms by Pieter6 Comments


Sectoral Determination 7: Domestic Worker Sector
Domestic worker – Minimum wages 2018-2019
Domestic worker – Contract of employment
Domestic worker – Explanatory Note
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

DISMISSAL: MISCONDUCT

In Private, Unfair dismissals by Pieter8 Comments


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

DISMISSAL: MEDICAL INCAPACITY

In Private, Unfair dismissals by Pieter2 Comments


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

DISCRIMINATION

In Employment equity, Private by PieterLeave a Comment


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

UNION RIGHTS

In Private, Unions and strikes by PieterLeave a Comment


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

GRIEVANCES AND DISPUTE RESOLUTION

In Disputes, Private by Pieter2 Comments


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

DISMISSAL: POOR WORK PERFORMANCE

In Private, Unfair dismissals by Pieter4 Comments


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

AFFIRMATIVE ACTION

In Employment equity, Private by PieterLeave a Comment


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)

NEGOTIATING WITH UNIONS

In Private, Unions and strikes by Pieter2 Comments


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

CONCILIATION

In Disputes, Private by PieterLeave a Comment


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

PROTECTED STRIKES

In Private, Unions and strikes by PieterLeave a Comment


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

RETRENCHMENT <50 EMPLOYEES

In Private, Unfair dismissals by PieterLeave a Comment


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

UNPROTECTED STRIKES

In Private, Unions and strikes by PieterLeave a Comment


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

DEALING WITH DESERTION

In Article Archive, Private by Jan Truter16 Comments

When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself.