labour law south africa
-
Is your pay slip compliant with the legislation?

Ensuring that employees receive accurate and compliant pay slips is not just a matter of good practice—it’s a legal requirement. Pay slips are essential documents that provide a detailed breakdown of an employee’s earnings and deductions, ensuring transparency and fostering trust between employers and their staff. However, beyond their functional role, pay slips must adhere…
-
How to inform your employer of your maternity leave

For information about when you need to inform your employer and other important information about maternity leave – please see the full video posted to my Youtube Channel. Herewith some suggested wording to inform your employer of your maternity leave: Dear (insert your Employer or Manager’s name here) As you are aware I am currently…
-
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…
basic conditions of employment act, CCMA, employment relations, example of maternity leave in contract, industrial relations, is maternity leave paid, labour law south africa, labour relations, maternity leave, maternity leave benefits, maternity leave contract clause, maternity leave entitlement in south africa -
Earnings Threshold – 01 March 2023

The new earnings threshold from 01 March 2023 is R241 110.59 per annum. Want to know what it means to earn above or below the earnings threshold? I made a Youtube video detailing this information. Want to know what is included and what is excluded when calculating the earnings threshold? I wrote a blog piece…
-
How long does a disciplinary hearing take?

Today I chaired a hearing that took 2 hours. That is not the usual, but it is also not that uncommon. If I were to estimate I would say that the average time for a hearing is between 30mins to an hour. But, here are some factors I consider when it comes to the time…
-
Suspending an Employee before a Disciplinary Hearing

Is the suspension before a disciplinary hearing paid? Yes, if you are suspending an employee before a disciplinary hearing, the suspension is with pay. “But they stole from the business” or “But they assaulted someone” I completely understand the frustration that comes with suspending an employee with pay before a disciplinary hearing, however, the purpose…
carmen fourie, CCMA, disciplinary hearing, employment documentation, employment relations, fair labour relations, fair suspension, how to suspend an employee, labour law, labour law south africa, notice disciplinary hearing, serious misconduct, south african labour law, suspending an employee, suspension from work, suspension letter, suspension template -
What is an Employee paid when they are Retrenched?

In this week’s video I discuss all the various payments an employee is entitled to when they are retrenched. I start by discussing payments due when the employment relationship terminates (through the contract ending, resignation or dismissal), then payments due specifically when an employee is dismissed and then payments due when an employee is retrenched.…
annual leave pay out, Basic conditions of employment, calculating final payment, carmen fourie, CCMA, how a retrenchment works, how to calculate payment, labour law, labour law south africa, labour relations, notice of retrenchment letter, notice of termination for retrenched employees, retrenchment, retrenchment letter template, retrenchment package, retrenchment south africa, section 189, section 189(3) letter, severance pay, south african labour law, what do I get paid if I am retrenched, what to pay an employee who is retrenched -
2022 Earnings Threshold

What does it mean if an employee earns below or above the earnings threshold? In the latest Employment Relations video, I share the new earnings threshold for the labour legislation of South Africa, as well as what it means to earn above or below the threshold. The earnings threshold from 01 March 2022 is R224…
2022 earnings threshold, BCEA, contracts of employment, earnings threshold, earnings threshold BCEA, fixed term contracts, how to calculate the earnings threshold, labour brokers, labour law south africa, Labour relations act, night shift allowance, night work, overtime, part time employees, pay for work on public holiday's, terms and conditions of employment, what does it mean to earn above the earnings threshold, what does it mean to earn below the earnings threshold, work on sundays, working hours -
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…
-
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…