Labour

FAQ – What Is The Minimum Allowed Period For Maternity Leave?

FAQ – What Is The Minimum Allowed Period For Maternity Leave?

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...

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Disciplinary Hearing – Do I Have A Case?

Disciplinary Hearing – Do I Have A Case?

I have seen on numerous occasions how employers couldn’t prove a case because they don’t know what evidence they may use in a disciplinary enquiry. Employers don’t investigate the incident well enough and often don’t have answers when confronted with questions regarding facts in a disciplinary hearing. This often leads to a case being lost by the employer.  Part of knowing whether you have a case against an employee is to advise your disciplinary code. Measure the employees conduct against the...

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Episode 43. A Trade Union’s Constitution And Their Scope Of Operations

Episode 43. A Trade Union’s Constitution And Their Scope Of Operations

In today's podcast, SEESA Labour Law experts, Ryan King and Johan du Plessis discuss the recent constitutional court's ruling on whether or not a trade union can ignore their defined scope of eligibility of their members set out in its own constitution and demand organisational rights from employers whose industries falls outside of the union's constitution. Click play to listen to our podcast! Contact your SEESA Legal Advisor to assist you with any labour related queries. #TeamSEESA...

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What Happens When Your Employee’s Driver’s Licence Expires?

What Happens When Your Employee’s Driver’s Licence Expires?

If your employee or employees require their driver’s licence to perform their job, and their licence expires without timeous renewal, the employee is driving without a valid driver’s licence. Does your employment contract make provision for this eventuality and the responsibility of the employee to ensure that their driver’s licence is renewed timeously? If not, contact your SEESA labour advisor, and we will assist with the relevant employment contract provisions and or disciplinary process....

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Are Employees Entitled To An Annual Increase?

Are Employees Entitled To An Annual Increase?

With the financial difficulties that most companies are currently experiencing and with the end of the year approaching, the question on everyone’s minds is “Do I have to give my staff an increase this year?”. Salary increases are not regulated by Labour legislation, but whether an employee is entitled to an annual increase is determined by various factors. Collective agreement/Sectoral determination: If your company falls within the jurisdiction of a bargaining council/sectoral determination,...

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FAQ – What Are The Consequences of Non-Compliance In Terms Of A COVID-19 Risk Assessment?

FAQ – What Are The Consequences of Non-Compliance In Terms Of A COVID-19 Risk Assessment?

A risk assessment is a legal requirement as per the Occupational Health and Safety Act, 85 of 1993 with which helps business to identify, evaluate and control the health risks associated with COVID-19 in the workplace in a structured way. The consequences of not having a risk assessment in place are as follows: • Business will not be complying with OHS Act, Disaster Management Act and OHS directives from the Department of Employment and Labour. • The risk associated with COVID 19 at the...

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Did You Know – Is Loss Of Taste Or Smell Included In Your COVID-19 Screening Register

Did You Know – Is Loss Of Taste Or Smell Included In Your COVID-19 Screening Register

Are you compliant with the new COVID-19 OHS Screening Requirements? According to the Guidelines for symptom monitoring and management of workers for SARS-CoV-2 infection (version 5: 19 August 2020)–the loss of taste or the loss of smell must also now be included as a key symptom on the screening questionnaire. SEESA Clients can now access the updated screening register in the complete COVID-19 OHS Guide on ProFile's dashboard. Visit profile.seesa.co.za to access the guide today! "SMS" the word...

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Procedural Fairness Regarding Simultaneous Attendance Of Accused Employees At A Collective Disciplinary Hearing

Procedural Fairness Regarding Simultaneous Attendance Of Accused Employees At A Collective Disciplinary Hearing

Collective disciplinary hearings are conducted when employees act collectively and are therefore collectively associated and charged with misconduct. Conducting various individual hearings is challenging and a collective hearing is a practical solution, however, it poses certain procedural uncertainties. Particularly whether collectively accused employees should remain in each other’s, as well as witnesses’, presence throughout the hearing or whether the employees can be separated at times,...

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Level 2 Lockdown Business Guidelines

Level 2 Lockdown Business Guidelines

The President announced on the 15th of August 2020 that the country will go down to Level 2 of the lockdown regulations. This came into effect on 18 August 2020. Under level 2, almost all businesses may resume their regular activities. It is however not necessarily business as usual.  Many of the restrictions that applied to the previous levels of the lockdown remain in place. What is now allowed? Travelling between the hours of 04:00 to 22:00 is allowed. Travelling between the hours of...

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Did You Know –  The Validity Of Lawfully Issued Visas And Permits Has Been Extended To 31 October 2020?

Did You Know – The Validity Of Lawfully Issued Visas And Permits Has Been Extended To 31 October 2020?

The Minister of Home Affairs issued directions on the 3rd of July 2020, in line with the National State of Disaster Regulations, which extended the validity period of legally issued visas which expired during the lockdown period to 31 October 2020. This means that lawfully issued visas which expired from 15 February and during the period of the lockdown are deemed to be valid until the end of October 2020. To find out how SEESA can help your business visit our website for more "SMS" the word...

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