What Is The Difference Between A “Probation Period” And An “Acting Position Period”
A "Probation Period" is commenced at the start of an employment relationship and usually runs for three months from the date of employment. This period allows an employer to evaluate a new employee’s skills and to ensure that they meet the required performance/skills incumbent to perform the position in a permanent capacity. It can be extended should the employer wish to do so, alternatively waived, provided that the employer follows the poor work performance process. An "Acting Position...
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)...
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...
Discipline In The Workplace- Consistency Is Key!
This concept may sound like an obvious statement to many. However, employers still overlook this when implementing discipline in the workplace. For that reason, this article aims to detail the pitfalls of not consistently applying discipline in the workplace. Firstly, the following steps are critical to achieve consistency in the workplace: Establish and implement a clear disciplinary code in the workplace ensuring all staff understand and are aware of the code;Ensure adherence to the...
“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,...