As an employer you have a duty to ensure a safe working environment for your employees - this includes protecting your employees against potential sexual harassment. The Employment Equity Act No 55 of 1998 (EEA) classifies harassment based on sex or gender as unfair discrimination which is strictly prohibited in the workplace. The legislature introduced the Code of Good Practice on Sexual Harassment which is aimed at assisting employers in combating sexual harassment in the workplace. The code...
Labour
New Construction Codes implemented
The amended Broad-based Black Economic Empowerment (B-BBEE) Construction Codes have been gazetted on 1 December 2017 by the Department of Trade and Industry and will be implemented with immediate effect. Let’s have a look at the amended Construction Codes, especially the new regulations regarding Exempted Micro Enterprises (EMEs) and Qualifying Small Enterprises (QSEs) with 51% or more Black Ownership. The table below indicates the B-BBEE level that will be allocated to entities with the...
Gay couples soon entitled to maternity leave
The Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act provides only for protection of maternity and parental rights of biological parents and female employees. Currently, fathers are only entitled to 3 days of family responsibility leave at the birth of their children. Biological mothers are entitled to at least 4 months’ maternity leave. The lack of extensive parental leave provisions in South African law came to the fore in the labour court case of MIA v...
Hiring right the first time – the importance of job interviews
Managers conduct job interviews to determine whether a candidate is the right person for the job. The aim is to make an informed decision. If you employ somebody that fits well in your team it increases general morale, reduces training costs and service errors, and it inevitably leads to greater customer satisfaction. It is therefore critical to the success of the team and the business to employ the right person. Follow these guidelines with basic steps to ensure you hire right the first time....
Implementing a system of “Lay-off” As An Alternative to Retrenchments
As we pass the 100-day mark since the announcement of the unprecedented nationwide lockdown, employers are faced with fighting for survival in a bleeding economy. Employers may find themselves in situations where little or no work is available for employees to do and subsequently unable to pay employees indefinitely during this period. Employers may consider implementing a system of temporary lay-off (commonly known as the “no work, no pay” principle) as a measure to avoid retrenchments of...
Did You Know?- If a company does not have all relevant policies in place they may be open to contravention of the EE Act
Chapter II applies to all employers and employees. This section of the Act strives to promote the prohibition of unfair elimination in terms of any policy, procedure or practice which a company may implement. There are four policies which are detailed in this Act as follows: • Prohibition of unfair discrimination; • Equal pay for work of equal value; • Medical Testing; • Psychometric Testing; If a company does not have all relevant policies in place, they may be open to contravention of the EE...
