Episode 145: Legal Update For Employers / Business Owners Concerning Zimbabwean Nationals Working Within SA
SEESA's Legal Advisors, Charl Vollgraaff and Meggan Watson, provide a basic summary of the latest legal developments concerning Zimbabwean Nationals who are current ZEP holders living and working within South Africa. They inform Employers/Business Owners about the further extension of the grace period for these current ZEP holders to prevent the spread of misinformation and possible unfair labour practices towards these workers. Click on the play button below to listen to our podcast! Should...
DYK – An Employee Must Be 15 To Be Legally Employed?
The Basic Conditions of Employment Act of 1997 (the BCEA) states the following: Section 43 - Prohibition of employment of children: Who is under 15 years of age; orWho is under the minimum school-leaving age in terms of any law, if this is 15 or older.That is inappropriate for a person of that age;That places the child’s well-being, education, physical or mental health, or spiritual, moral or social development at risk. A person who employs a child in contravention of subsection (1) or (2)...
“Knock” “Knock” – You Have A Labour Inspection
Many employers across South Africa get the “dreaded” inspection from the Department of Labour every year. For some employers, these inspections create a state of panic, seeing as these employers do not know what to expect. In this article, we will address the basic aspects that they will inspect. Labour Inspectors of the Department of Labour (DOL) visit workplaces from time to time to check the level of compliance in the workplace in accordance with labour legislation. The Department of Labour...
Can An Enterprise Development Contribution Be Made To A Non-Profit Organisation?
Enterprise Development is monetary or non-monetary contributions to contribute to the development, sustainability and financial and operational independence of those beneficiaries. Non-monetary contributions include any services and/or products that assist the beneficiaries in increasing their financial or operational capacity. Recognition of non-monetary contributions is limited in accordance with the benefit factor matrix. Enterprise Development contributions cannot be made to a –Non-Profit...
Construction Industry: How To Correctly Implement A Supplier Development Program
On 1 December 2017, the Amended Construction Sector Code was published in terms of Government Gazette number 41287. This Sector Code makes provision for Supplier Development Programs on the Generic Construction Sector Code Scorecard. Generic Enterprises are Contractors with an annual turnover above 50 million Rand and BEP’s (Built Environmental Professionals) with an annual turnover above 25 million Rand. What is a Supplier Development Program? A Supplier Development Program is a program where...
DYK – The Protection Of Personal Information Act 4 Of 2013 (POPIA) Prescribes Compulsory Requirements For The Registration Of Information Officers (IO’s) With The Information Regulator (IR)?
The responsible parties and their IO’s must ensure strict compliance with the relevant provisions of the POPIA and PAIA and respective regulations under the above legislation. “Information Officer” means an Information Officer or Deputy Information Officer as contemplated in terms of Sections 1 or 17 of the Promotion of Access to Information Act. “Personal Information” means information relating to an identifiable, living, natural person, or existing juristic person, including biometric...
When Is A Restraint Of Trade Agreement In An Employment Contract Enforceable In Law?
A restraint of trade agreement in an employment contract states that on termination of employment, such employee will be restricted from working in a specific industry, for a specified period and in a certain geographical area. The purpose of a restraint of trade agreement is to protect the employer's business interests to retain its competitive edge (such as trade secrets, confidential information and client base), which a competitor could use to the employer’s detriment. The laws of contract...
POPIA – Code Of Conduct Brings About More Accountability For Sectors
The Information Regulator has on 12 October 2022 approved two codes of conduct, which came into effect on 5 November 2022: Code of conduct from the Credit Bureau Association (CBA); Code of conduct from the Banking Association South Africa (BASA). The Information Regulator has issued these first Codes of Conduct since its establishment to ensure clarity on conditions for the lawful processing of personal information and how these conditions are to be applied and complied with,...
The Code Of Good Practice On The Protection Of Employees Returning To Work After Maternity Leave
In terms of Section 87(2) of the Basic Conditions of Employment Act, 1997, the Minister of Labour, after consulting NEDLAC, has issued under Section 87(1)(b) of that Act a Code of Good Practice on the Protection of Employees during Pregnancy and after the birth of a child. The Schedule (hereinafter referred to as “the code”) protects employees during pregnancy and after the birth of a child. It makes provision for breastfeeding or lactating mothers upon their return to work after maternity...
DYK – A Registered Trade Union’s Failure To Comply With Section 21 Requirements May Justify An Employer’s Refusal To Meet With The Trade Union?
Registered trade unions that wish to obtain any organisational rights in terms of the Labour Relations Act (LRA) 66 of 1995 need to notify the employer of this intention. Section 21(1) and (2) of the LRA states that this notification needs to comply with the following requirements: It needs to be in writing;It must specify the workplace for which the trade union seek to exercise its rights;The representativeness of the trade union and facts relied upon to demonstrate that it is a...