In terms of Section 23 of the South African Constitution, the right to strike is unrestricted. Like any right in the Constitution, the right to strike is however not an absolute right. Section 36 of the Constitution allows the right to strike to be limited in terms of the law of general application. Such a limitation should, however, be reasonable. With regards to labour disputes, substantive limitations prohibit strikes in certain circumstances. Section 213 of the Labour Relations Act (LRA)...

For an offence such as late coming, the company should follow progressive discipline. Therefore, for a first offence, a written warning will be issued, thereafter a final written warning and then a disciplinary hearing can be scheduled. To find out how SEESA Labour can help your business, visit our website for more: https://bit.ly/2FLPuv0

Employers are reminded that the intention of the COVID-19 TERS fund has always been to assist employees who have lost income because of COVID-19 and the regulations limiting economic activity during the different lockdown levels. The purpose of TERS is not to supplement the employer’s payroll. If it was possible to pay employees, you will not be able to claim TERS now to be reimbursed. You might claim for June to September but you must realise that if UIF conducts an audit and find that you...

Technically, both employers should be able to claim TERS for the same employee for the portion of remuneration each paid to the particular employee. Unfortunately, the TERS system works on the employee’s ID number. If a second employer want’s to register for a claim on the same ID number, the system will reject the registration. To find out how SEESA can help your business visit our website for more: https://bit.ly/331N30e

Every female employee is entitled to at least 4 months of maternity leave. It may be shorter if the employee agrees to take less than that. The employer may however not allow or require the employee to work within the 4 weeks before the date of delivery. An employer may also not allow or require the employee to return to work within at least 6 weeks after the date of delivery. The minimum period of maternity leave would therefore be at least 10 weeks. To find out how SEESA can help your...

In the latest Government Gazette No. 43400, (Consolidated Covid-19 Direction on Health and Safety in the Workplace Issued by the minister in terms of Regulation 4(10) of the National Disaster Regulations published on 4 June 2020;    It was clearly stated that the OHSA (Occupational Health and Safety Act), requires the employer to provide and maintain as far as is reasonably practicable a working environment that is safe and without risks to the...

Yes, the employer may still have fixed working hours and the parties can still agree on fixed working hours even if the employee is employed on a commission-only basis. The employer will still have to ensure that the employee is paid at least the minimum wage for hours worked depending on the industry in terms of the National Minimum Wage Act, Bargaining Council or Sectoral Determination. *Question answered by Frans Kriek SEESA Senior Labour Legal Advisor To find out how SEESA can help your...