Can My Domestic Worker Join A Trade Union?
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...
Guidelines When Using WhatsApp Groups For Business Communication Purposes.
Using WhatsApp groups for internal workplace communication and marketing purposes has become very popular. Employers should therefore keep in mind that compliance with the Protection of Personal Information Act (POPIA) must be adhered to when processing personal information on this platform. Things to keep in mind when using WhatsApp as a communication platform: Multiple devices are used for processing information, which information is also stored on each device, such as the employee’s phone...
DYK – Your Business Needs To Have A Privacy Notice?
Section 18 of the Protection of Personal Information Act 4 of 2013 (POPIA), it states that if personal information is collected, the responsible party (The Business) must take practicable steps to ensure that the data subject is aware of specific points. These include: The type of information being collected;The name and address of the business;The purpose for which the information is collected;Is the supply of information voluntary or mandatory;The consequences of failing to provide...
Must An Employer Consider Alternative Measurers To Avoid Dismissals Because Of Retrenchments?
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...
Why Should An Entity Obtain A Non-Compliant Certificate If Being Non-Compliant Has Zero BEE Recognition?
Entities often question the relevance of having a non-compliant BEE certificate when being non-compliant has zero BEE recognition. There are many reasons for opting to obtain a non-compliant BEE certificate. One of the primary reasons for obtaining a BEE certificate, even a non-compliant certificate, is to be registered on large enterprises' vendor databases. Without a valid BEE certificate, your entity cannot do business with these large enterprises, as your entity will not be visible to...
Simplify your payroll process and focus on growing your business.
Our PayRoll software is available to all existing SEESA clients:• Payslips;• Processing of Payroll;• Comprehensive Reports• Complete Payroll Setup;• Unlimited free Training & Support;• Individual Payslips;• No Licensing Fees. Interested in SEESA PayRoll?Please visit our website for more information:https://www.seesa.co.za/Paytime.html
DYK – Decriminalisation Of Cannabis For Private Use Does Not Yet Mean The Legalisation Of Cannabis In The Workplace?
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...
Formulating Numerical Goals And Targets For Your Company’s Employment Equity Plan.
The outcome of the analysis must inform the numerical goals and the annual numerical targets and, according to the EAP (Economic Active Population), weighted more towards under-represented designated groups when conducting their Employment Equity Plan as per requirement by the Department of Labour. As per the Employment Equity Act (EEA), 55 of 1998, as amended, issued in terms of Section 25(1). Designated Groups mean: “Black people, women and people with disabilities who are citizens of the...
Is An Employee Entitled To Payment For Public Holidays During Maternity Leave?
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...
Episode 151: Sexual harassment and how the employer can approach such an offence in the workplace.
SEESA Labour Legal Experts, Larisha Govender and Simone Abrahams discuss sexual harassment in the workplace, which is very often a difficult matter to navigate. They also focus on providing the employer with a guide to effectively approach such an offence and ways to possibly guard against it. Click on the play button below to listen to our podcast! Contact your nearest SEESA office to assist your business with any labour-related queries you might have. Alternatively, please leave your contact...