The BCEA protection band is expanding as the earnings threshold is increased.

by see-wpdev | Mar 12, 2024

From 1 April 2024, the threshold will increase to R254,371.67, up by R13,261.08 from its current level. This effectively means an employee earning more than R21,197.64 monthly will earn over the threshold. What does this mean for you and your workforce? Firstly, what is this earnings threshold all about? It's a crucial determinant outlined in section 6(3) of the Basic Conditions of Employment Act (BCEA). This figure dictates which provisions of the BCEA, the Labour Relations Act (LRA), and the...

Increase in National Minimum Wage (NMW)

by see-wpdev | Feb 6, 2024

The national minimum wage will increase on 1st March 2024. The hourly wage will increase to R27.58 per hour. This marks an increase of 8.5%, which is much higher than the current Consumer Price Index of about 6%. Employees on the Expanded Public Works Program, are entitled to R15.16 per hour. Learnership allowances have also increased, and learners will be entitled to earn between R415.07 and R 2421.13 per week, depending on their level or credits already earned. The minimum wage for...

A Proper Pre-Hearing Investigation Is Essential Before Disciplinary Action

by see-wpdev | Aug 21, 2023

Introduction When an employer dismisses an employee, they must prove the dismissal was fair. This means that the employer must have followed a fair procedure, and the employee was guilty of misconduct. Conducting a proper pre-hearing investigation is one of the most important steps in ensuring a fair disciplinary procedure. The investigation should be done to establish if there is an actual case against the employee. A pre-hearing investigation is, therefore, simply the process whereby...

Why disciplinary codes are essential for every business.

by see-wpdev | Aug 7, 2023

In South Africa, employers are legally required to have a disciplinary code. This code sets out the standards of conduct expected of employees and the consequences for breaches of those standards. A well-drafted disciplinary code can help employers to: Create a fair and consistent workplace. By having clear rules and procedures, employers can ensure that all employees are treated fairly, regardless of their position or seniority. This can help to create a more harmonious and productive...

Times Are Tough! Can I Reduce My Staff’s Working Hours To Save On Salaries?

by see-wpdev | Mar 14, 2023

Many companies and employers have been subjected to difficult economic conditions over the past few months. They are still reeling after the effects of the COVID pandemic and its devastating effect on our economy. Desperate times call for desperate measures, but can an employer reduce the working hours of his employees to decrease his payroll expenses? Should an employer consider reducing hours of work or shift changes, or pay cuts, he should understand that these steps will change working...

DYK – An Employee’s Retirement Age May Not Be Unilaterally Changed By The Employer?

by see-wpdev | Mar 13, 2023

According to Section 187 (f) of the Labour Relations Act (LRA), an employer cannot unfairly discriminate against an employee based on their age. When a retirement age has been agreed upon between the employer and employee in a contract of employment or through a pension/provident fund, it is a condition of employment between the parties. The employer cannot unilaterally change this condition. There has to be a signed written agreement between the parties for a change in employment conditions....

Can My Domestic Worker Join A Trade Union?

by see-wpdev | Mar 9, 2023

Section 21 of the Labour Relations Act describes organisational rights as a trade union’s formal request made in writing to represent employees in a workplace on a variety of selective rights. Section 23 of the Constitution and Section 4(1) Labour Relations Act protect the rights of employees to form and join a trade union and participate in the activities and programs of a trade union. Therefore, the answer is yes, a domestic worker may join a trade union. However, not all organisational...

Must An Employer Consider Alternative Measurers To Avoid Dismissals Because Of Retrenchments?

by see-wpdev | Mar 3, 2023

In a time when the South African economy is in a dire state, and load shedding is constant, many Employers are feeling the financial pressure. Sections 189 and 189A of the Labour Relations Act permits an employer to dismiss employees for operational requirements or reasons. Section 189(2)(a)(i) of the Labour Relations Act states that the Employer and other consulting parties must, during consultations, attempt to reach a consensus on appropriate measures to avoid dismissals. The Labour...

DYK – Decriminalisation Of Cannabis For Private Use Does Not Yet Mean The Legalisation Of Cannabis In The Workplace?

by see-wpdev | Feb 27, 2023

Personal or recreational use of marijuana was declared unconstitutional and decriminalised in terms of South African laws in the case of Minister of Justice v Prince. In terms of the Medicines Act, marijuana (THC) may now, in private and for personal use, be consumed by an adult. However, legalised personal use does not mean that employees are entitled to test positive for the substance, report for duty under the influence, or possess the substance while on duty. NUMSA obo...

Is An Employee Entitled To Payment For Public Holidays During Maternity Leave?

by see-wpdev | Feb 23, 2023

The answer is yes. Section 25 (5)(1) of the Public Holidays Act 36 of 1994 provides that ‘every employee shall be entitled to at least the number of public holidays provided for in this Act. In terms of section 18 of the Basic Conditions of Employment Act (BCEA) provides that (1) An employer may not require an employee to work on a public holiday except under an agreement. (2) If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay – (a) An employee...

Labour

The BCEA protection band is expanding as the earnings threshold is increased.

Increase in National Minimum Wage (NMW)

A Proper Pre-Hearing Investigation Is Essential Before Disciplinary Action

Why disciplinary codes are essential for every business.

Times Are Tough! Can I Reduce My Staff’s Working Hours To Save On Salaries?

DYK – An Employee’s Retirement Age May Not Be Unilaterally Changed By The Employer?

Can My Domestic Worker Join A Trade Union?

Must An Employer Consider Alternative Measurers To Avoid Dismissals Because Of Retrenchments?

DYK – Decriminalisation Of Cannabis For Private Use Does Not Yet Mean The Legalisation Of Cannabis In The Workplace?

Is An Employee Entitled To Payment For Public Holidays During Maternity Leave?

Recent Posts

Categories