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
If you need to be outside your place of residence between 12 PM and 4 AM to perform a service permitted under Alert Level 1, then you need to carry a permit with you. The permit is in the form of Form 7 – “ Permit to travel to perform a service", Regulations 66. Who can fill in Form 7? This form is to be completed by the head of an institution (or a person designated by him or her). “Head of the institution” is defined by the Regulations as the accounting officer of a public institution and...
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...
The President of the Republic announced on 18 September 2020 that the country will go down to Level 1 of the lockdown regulations. This came into effect on 21 September 2020. Under level 1, all businesses except for a minor few may resume their regular activities. It is however still not business as usual. Operation of the economic sector: All Businesses may operate except for: Night vigils;Nightclubs;Initiation practices;Passenger ships for international leisure purposes;Attendance of...
An employee is regarded as deserted once he has been absent without permission or communication to his employer for 5 consecutive working days without good reason or notification and with the employee’s intention unknown to the employer. Once this has happened the employer needs to do the following: Complete the Desertion Diary by attempting to contact and find the employee, personal contact, questions to co-employees and correspondence on company letterhead. Send correspondence/letter to the...
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...
SEESA FAQ - What Options Do We Have If We Can’t Afford For Staff To Come Back From Unpaid Leave? If there is a possibility that further layoff of the staff will place the company in a position to afford the staff again this should be discussed with staff and the company should attempt to reach an agreement with the staff to extend the layoff. If the above is not possible or it will not assist the company and the employer cannot afford staff anymore, they will have to proceed with a...