Labour

DYK – Domestic Workers Must Be Registered With The Compensation Fund?

DYK – Domestic Workers Must Be Registered With The Compensation Fund?

As of 10 March 2021, new regulations in terms of Domestic workers have been gazetted. This means that all employers who employ a Domestic Worker must be registered with the Compensation Fund and have to submit an annual return of earnings. This means that Domestic Workers will be entitled to compensation if they suffer an injury on duty. This was confirmed by the Constitutional Court case of Mahlangu and Another v Minister of Labour and Others [2020] ZACC 24. According to the Basic Conditions...

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The Progression Of The National Minimum Wage

The Progression Of The National Minimum Wage

By now, all employers in South Africa will know the National Minimum Wage Act, seeing as this Act determines the minimum payment for various employees across South Africa. The National Minimum Wage Act was first introduced in January 2019 and regulates payments for different Sectors such as Wholesale and Retail, Farmworkers, and Domestic Workers, to name a few. The National Minimum Wage Commission should annually assess and review the national minimum wage. The Minister of Employment and...

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Episode 106: The Principle Of Double Jeopardy & Whether An Employer May Recover Damages From The Accused Employee

Episode 106: The Principle Of Double Jeopardy & Whether An Employer May Recover Damages From The Accused Employee

SEESA Legal Advisors, Ryan King and Johan du Plessis discuss the principle of Double Jeopardy and whether an employer may recover damages from the accused employee. When an employee causes damage to the property of the employer, or the employee's misconduct causes his employer to suffer loss, the employer may implement disciplinary action against the employee but may also recover the costs from the employee for the actual loss incurred. Taking both actions against the employee will not...

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Can Business Owners Expect A Visit From The Department Of Labour This Year?

Can Business Owners Expect A Visit From The Department Of Labour This Year?

The Department of Labour often embarks on labour inspections during the course of each new year. The inspector’s functions include advising employees on their rights and obligations in terms of employment legislation and employment contracts, ensuring business owners comply with the rights and obligations imposed on them in terms of The Basic Conditions of Employment Act and investigating any employee complaints.   With the recent developments on the Zimbabwean Exemption Permits...

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A Closer Look At Absenteeism, Abscondment And Desertion

A Closer Look At Absenteeism, Abscondment And Desertion

With employers reopening for business after a well-deserved break during the December closure, many employers are faced with employees failing to report for duty. Most employers would agree that there are disruptions in operation due to employees failing to report for duty. The courts have endorsed the concept of corrective or progressive discipline, especially regarding less serious misconduct. In terms of Codes of Good Practice, employers should make the necessary efforts to correct...

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Absence Does Not Automatically Justify A Dismissal

Absence Does Not Automatically Justify A Dismissal

It is important to note that all disciplinary measures taken against employees should satisfy procedural and substantive fairness requirements as stipulated in the Labour Relations Act 66 / 1995. Employers should be cautious and avoid the pitfalls of terminating an employee's employment due to prolonged absence from work as a result of their incarceration. In the event that there is no evidence that the employee occupied a key position in the company that it necessitated his dismissal after...

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The Way Forward With Zimbabwean Employees And Zimbabwean Exemption Permits (Zep’s)

The Way Forward With Zimbabwean Employees And Zimbabwean Exemption Permits (Zep’s)

It is common to find foreigners employed within a workplace in South Africa, specifically Zimbabwean Nationals.  Business Owners were recently confronted with the impact the Governments’ recent decision to revoke Zimbabwean Exemption Permits (ZEP’s) for Zimbabwean Nationals has on their business. ZEP’s, previously known as ZSP (Zimbabwean Special Dispensation Permits,) were implemented by Cabinet during 2009 in an attempt to assist and aid Zimbabwean Nationals in their quest to seek...

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DYK – The National Minimum Wage Commission Made A New Proposal To Increase The National Minimum Wage?

DYK – The National Minimum Wage Commission Made A New Proposal To Increase The National Minimum Wage?

The National Minimum Wage Commission proposed increasing the National Minimum Wage to R23.10 per hour. If the proposal is to be gazetted and approved, domestic workers earn R23.10 per hour. The National Minimum Wage Commission ill consider the above proposal, and if agreed upon, it will be gazetted and enforced on the date as per the Government Gazzette’s stipulations. SEESA will keep you updated regarding the approval of the new National Minimum Wage. To find out how SEESA can help your...

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Does An Offer Of Employment Constitute A Binding Contract Of Employment?

Does An Offer Of Employment Constitute A Binding Contract Of Employment?

The South-African Labour law does not deal with the situation where an applicant was offered a specific position or employment opportunity by an Employer of which the offer was accepted, but only to be taken away before the commencement date or undersigning of the official Contract of Employment. Does the offer of employment constitute a legally binding contract, and will this piece of paper be worth its weight in gold if one wishes to take it to the altars of Justice? In short, yes, any type...

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Must I issue each employee with a Contract of Employment?

Must I issue each employee with a Contract of Employment?

Yes, each employee employed in your business must be given a Contract of Employment. According to Chapter 4 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), all employees that work more than 24 hours a month, must be provided with written particulars of their employment. Section 29(1) of the BCEA provides employers with a list of particulars to be given to the employee.  However, employers should contact their nearest SEESA office to assist with drafting these contracts to...

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