Compliance & Policies
A guide to the Unemployment Insurance Fund
The Unemployment Insurance Fund (UIF) acts as a temporary safety net for employees who are retrenched or unable to work due to illness or maternity leave. You have a moral and legal obligation to register with this fund and contribute on behalf of your employees. It's not as complicated or costly as you might think. The attached guide will help you navigate the steps you need to follow in order to register and pay the UIF.
Amendments to the Employment Equity Act 2012
The Employment Equity Amendments Bill published on 19 October 2012 (‘the Bill’) signifies the first amendments to the Employment Equity Act (‘the EEA’).
Contracting workers outside of the Labour Relations Act
Imagine a situation where an employer does not have a 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? This article explores this question by looking at a CCMA case involving the owner of a small business.
Four common employee misconducts on social media that are hurting your business
Although social media is a growing source of business and marketing for companies, challenges arise when employees post remarks about their employers or customers or colleagues on social media platforms such as Facebook and Twitter. Not only can it result in disciplinary action, but for many, it has ended in dismissal for social media misconduct. Here are four common employee misconducts on social media that may be hurting your business.
Frequently asked questions about labour law
Find out the answers to some of the most commonly asked questions about labour legislation. These questions include: What should I do when an employee leaves before their notice period is up? Should the employee be notified before the contract expires? When an employee resigns on 24 hours notice, is the company entitled to set off the notice period as prescribed by the Basic Conditions of Employment Act or the contract that the employee signed? And more.
Frequently asked questions about leave
These questions and answers should clarify what the rules are with regards to the various types of leave.
Frequently asked questions: contracting in the Digital Age
A look at some commonly asked questions about electronic communications and how legally binding they are.
Frequently asked questions: Social media and employees
This article looks at how to deal with social media in the workplace by answering some frequently asked questions. These questions include: Why do I, as an employer, need a social media policy for my business? My employer has blocked my access to Facebook on my work computer, and banned use of any social media during working hours. Is this not an infringement on my freedom of speech and right to privacy? I have a co-worker sending racist and sexist comments to me on e-mail. I have reported the incidents to my employer but no action has been taken. What can I do? Find out the answers here.
HR for SMEs – do you really need it?
Many SMEs do not have an HR function, which is understandable in organisations with few employees. A full-time HR person would be costly and probably not fully utilised if the headcount does not warrant it. As Human Resources is ultimately a management responsibility, management should bear the full brunt of this in an SME. However, many managers are not well versed in the full HR functions, and HR mistakes due to a lack of understanding of the current HR environment can be costly and time-consuming. These HR functions are critical to any business, regardless of size.
Insubordination vs disrespect
South African employees are so heavily protected by the Constitution of the Republic of South Africa, by Labour Legislation, by the Commission for Conciliation, Mediation and Arbitration (CCMA), as well as trade unions, that they are often not afraid to defy the employer’s instructions. For the employer the resulting insubordination is a nightmare. This is especially so where the employer or line management is ill-equipped to deal with the insubordinate employee and fails to understand what insubordination is and how it differs from disrespect. Find out these differences here.
Issuing an employee with a written warning
There are procedures to follow when issuing an employee with a written warning.
Know the difference between fair and unfair dismissal
If you have the unpleasant task of firing an employee, you need to know what is considered fair and unfair according to Labour Law. Even if you have due cause for the dismissal, not following the correct procedures can see you paying a very costly visit to the CCMA. This article looks at the differences between fair and unfair dismissal, according to the Labour Relations Act.
Labour Guide
The South African Labour Guide is an online guide to labour law in South Africa. The guide provides information and resources on 24 hour notices; absenteeism; alcoholism in the workplace; bonuses; constructive dismissal; the Consumer Protection Act; employment contracts; derivative misconduct; desertion; dismissals; inconsistency relating to the disciplinary sanctions; insubordination; poor performance; probation; resignations; and much more.
Leave accrual – the first four months
Is an employee who leaves employment within the first four months entitled to be paid for annual leave accrued during that period? The short answer is: no. In the absence of any agreement or law to the contrary, an employee is only entitled to a leave pay-out if the employee has been employed for more than 4 months. Here is a brief explanation about why this is the case, based on the Basic Conditions of Employment Act (BCEA).
Leave outside the Basic Conditions of Employment Act (BCEA)
Employees enjoy certain types of leave under the BCEA, namely annual, sick, family responsibility and maternity leave. Each category of leave is specific.
Minimum wages
Minimum wages are set as part of the overall conditions of service in the identified sectors or areas.
Recovering debt from an employee
Sometimes people resign from a business and due to a number of different circumstances, they still owe money to their previous employer. It would be ideal to make a clean break with departing employees. Alas, it is not always so, especially when the trust relationship has been completely destroyed. Here are a few guidelines to help you with the recovery of employee debt.
Reviewing Employment Equity compliance
Employment equity (EE) has become a common feature of employment practices.
Sample Emergency Instructions
As a manager, are you prepared to deal with an emergency situation at the workplace? Do you have an emergency plan? Get help with emergency procedures here.