Section 31 of the Basic Conditions of Employment Act, Act 75 of 1997 (as amended) requires the employer to keep records of payments made to employees for three years. Section 29 of the Tax Administration Act, Act 28 of 2011 (as amended), however, requires the employer to keep records regarding its employees for five years. To find out how SEESA can help your business visit our website at: www.seesa.co.za #TeamSEESA

A domestic worker, in terms of the Basic Conditions of Employment Act, is defined as any employee who performs domestic work in their employer’s home. This includes gardeners, a person employed as a driver and or a person who takes care of children, the aged, frail or the disabled. In a landmark decision, the Constitutional Court in Mahlangu and Another v Minister of Labour and Others 2020, ZACC 24, declared the exclusion of domestic workers under COIDA as unconstitutional. This finding has...

Few employers are aware of a Ministerial Determination made in 1999, which relaxes some of the Basic Conditions of Employment Act provisions for small businesses. One of these concessions is regarding Family Responsibility Leave. Usually, an employee who works over four months for an employer and works for more than four  days a week is entitled to three (3) days paid leave per year for the illness of a child or in the event of the death of the employee’s spouse, life partner, parent,...

Some employers think that casual employees are not entitled to annual leave. However, this is not correct. In terms of the Basic Conditions of Employment Act 1997, all employees are entitled to annual leave irrespective of their job description and whether they are permanently employed or not. A casual worker is regarded as an employee who works per roster when required by the employer. A casual employee is entitled to one day leave for every 17 days worked, alternatively calculated 1 hour for...

DYK - If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment. According to the Directive of the CCMA drafted in terms of Section 138(5)(a) of the Labour Relations Act, the Commissioner must decide whether the Applicant who refers a matter for re-enrollment has satisfactorily explained his failure to attend the arbitration and has taken reasonable and timeous steps to have the matter re-enrolled. The Directive...