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Employees Facing Criminal Charges Can Still Be Disciplined by Their Employers

Employees Facing Criminal Charges Can Still Be Disciplined by Their Employers

Several workplace misconducts are also criminal acts. Two of the most apparent ones are theft and assault. When an employee is accused of one of these misconducts, it is common for employers to also lay criminal charges against the employee. This can create a dilemma for the employee, who may be concerned about incriminating themselves in the criminal case by giving evidence during the disciplinary hearing. The result is that employees often insist that workplace discipline be postponed until...

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Shrinkage due to employee theft

Shrinkage due to employee theft

Business owners often struggle with shrinkage, also known as stock loss.  Although shrinkage itself is easy to prove, it is usually difficult to conclusively prove the cause of the shrinkage. Due to this difficulty in proving the guilt of individual employees, employers sometimes charge a group of employees with team misconduct.  With team misconduct, the employer alleges that the blame for the misconduct is shared amongst a group of employees. The legal justification for this...

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Resignation without notice: What are the employer’s remedies?

Resignation without notice: What are the employer’s remedies?

Introduction There is an increasing trend of employees that resign with immediate effect ignoring their legal obligation to give the employer notice. When an employee resigns, the employer has no choice but to find and train a replacement employee. The purpose of the prescribed notice period is to give the employer the time he needs to arrange a smooth handover process. An employee's resignation without notice may frustrate this process and make the employer feel helpless. The question is,...

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The B-BBEE Draft Policy for the issuance of licences as per Section 22C of the Medicine Act has been published by SAHPRA.

The B-BBEE Draft Policy for the issuance of licences as per Section 22C of the Medicine Act has been published by SAHPRA.

The objectives of the policy are to integrate all the elements of B-BBEE into the relevant authority’s activities in relation to its function of issuing licenses as envisaged in section 22C of the Medicines Act. Stakeholders are encouraged to comment on the draft policy by 31 August 2023 on the SAHPRA website. Draft-B-BBEE-Policy-on-Issuance-of-Licences-22-June-2023Download Submissions may be directed to SAHPRA through the 'Contact Us' page on their website. Please click here for the link:...

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Are you claiming back your SDL from SARS?

Are you claiming back your SDL from SARS?

Does your business have an annual payroll of above R 500 000? If so, then every month, 1% of your payroll expenditure goes to SARS in the form of a tax called the Skills Development Levy (SDL). The SDL is a tax on employers in South Africa, that funds employee training and development programs. The levy is intended to help employers improve the skills of their workforce, which can lead to increased productivity and competitiveness. How do you claim back a part of this SDL from SARS? Claims are...

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Skills Development for Youth Employment

Today, we're diving into an exciting topic about empowering the next generation of South African workers. We're talking about skills development for youth employment, and indeed, it is a real game-changer. So, my fellow South Africans, buckle up and get ready to be inspired. Finding employment can be as challenging as navigating a busy intersection during rush hour in this fast-paced world. South Africa has been grappling with high levels of unemployment, with the youth being one of the...

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Beneficial Ownership

Beneficial Ownership

The Financial Action Task Force (FATF) is an intergovernmental body that develops and promotes policies to protect the global financial system. The FATF identified certain areas of deficiency in South Africa that had the effect of South Africa being grey-listed in March 2023. One of the areas of strategic deficiencies identified by the FATF requires South Africa to ensure that competent authorities have timely access to accurate and up-to-date Beneficial Ownership information on legal persons...

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President assents to the Employment Equity Amendment Bill.

President assents to the Employment Equity Amendment Bill.

President Cyril Ramaphosa signed into law the Employment Equity Amendment Bill of 2020 on the 12th of April, 2023. The Amendment Bill seeks to advance the transformation of South Africa’s workforce by setting equity targets for economic sectors and geographical regions and requiring enterprises to develop transformation plans. The Bill amends the Employment Equity Act of 1998 (Act No 55 of 1998) with new measures to promote diversity and equality in the workplace. No regulations have yet been...

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SEESA Compliance and Transparency

SEESA Compliance and Transparency

Are you aware of the latest developments regarding Beneficial Ownership in terms of the Companies Act? SEESA Compliance and Transparency will be able to assist with the following: • Telephonic advice regarding Beneficial Ownership matters; • Updates regarding and assistance with Beneficial Ownership verification; • Assistance with a Beneficial Ownership register. Apart from the above, SEESA Compliance and Transparency will also provide you with access to the following services: • Guidance on...

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Do All Companies Need To Pay Skills Development Levies?

Do All Companies Need To Pay Skills Development Levies?

Skills Development Levy (SDL) is a levy paid by employers who are registered for this levy by SARS and are thereby registered with their allocated Seta. These funds are used to contribute to developing their employees by conducting training. This assists the employees in developing the skills they require and to advance in their career. All companies who have an annual payroll equal to or exceeding R500 000 per annum are liable to register for SDL with SARS, and they will then pay this...

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