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Suspect an Employee isn’t medically fit for work? Start Here
The content emphasizes the complexities of managing medical incapacity in South Africa for employers. It highlights the importance of obtaining credible medical information and following lawful procedures when addressing employee health issues that affect job performance. A template for a Fit for Duty Investigation letter is provided to streamline this process and ensure compliance.
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Maternity Leave Contract Clause
Contracts of employment should contain a maternity leave clause. In my experience when the Department of Labour has audited contracts of employment the inspector has not been satisfied with contracts that include leave in the following way: “Maternity leave will be granted in accordance with the Basic Conditions of Employment Act“. Employers who use contracts…
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New Earnings Threshold – 2021
Some provisions of the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act are only applicable to employees who earn below the earnings threshold as set by the Minister of Labour from time to time. The previous earnings threshold was R205 433.30 per year. The new earnings threshold as of…
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A new document has been added – Probationary Period Contract Clause
In anticipation of our upcoming video, I have loaded a new document to assist Employers – a word document containing my recommended probationary period clause. This clause contains five sections that summarize the requirements of both Employers and Employees during the probationary period. It is my belief that contracts of employment should provide clarity on…
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Can Employers deduct notice of termination from Employees who do not resign with sufficient notice?
Employers and Employees are required to give notice of termination as per the Basic Conditions of Employment. You can watch my video on Notice of Termination HERE. In that video I discuss what needs to happen if an Employer does not give sufficient notice of termination. In the latest video I answer the question “What…
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Written Particulars of Employment
In the video about contracts of employment I address the question: Do ALL employees NEED to have a contract of employment. The answer is no and the technicalities are discussed in the video. The information, according to Section 29 of the Basic Conditions of Employment, that must be given to the Employee in writing is…
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Is your retrenchment Section 189 or Section 189A?
It is important for both Employers and Employees to know whether their retrenchment falls under Section 189 or Section 189A. Section 189A is commonly referred to as a large scale retrenchment. This article will help you determine whether yours is a Section 189 or Section 189A. A retrenchment is considered a Section 189A, when: Firstly…
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Who to consult with in a Section 189 Retrenchment / Who represents the Employees?
When an Employer contemplates dismissing one or more Employees for reasons based on the Employer’s operational requirements (i.e. retrenchment), the Employer must consult with….. Firstly – Any person whom the employer is required to consult with in terms of a collective agreement (this is usually in the case where an Employer belongs to a bargaining…
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How to calculate the Earnings Threshold
Some provisions of the Basic Conditions of Employment Act are not applicable to Employees who earn above the earnings threshold set by die Minister of Labour (currently R205 433.30 per year). But exactly how is this amount calculated and what is included and what is excluded? The amount is before any deductions such as income…
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A New Document has been added – OVERTIME agreement
In anticipation of today’s video – a new document has been added for Employers to use to correctly implement overtime as per Section 10 of the Basic Conditions of Employment Act. If I must say so myself, this document is well drafted and comprehensive, and can prevent a lot of unnecessary labour disputes and ensure…