DYK – Casual Employees Are Also Entitled To Annual Leave?
Some employers think that casual employees are not entitled to annual leave. However, this is not correct. In terms of the Basic Conditions of Employment Act 1997, all employees are entitled to annual leave irrespective of their job description and whether they are permanently employed or not. A casual worker is regarded as an employee who works per roster when required by the employer. A casual employee is entitled to one day leave for every 17 days worked, alternatively calculated 1 hour for...
Episode 131: Introducing the Draft Legal Sector Codes – What You Should Know
SEESA BEE Legal Advisors Chante Hobbs and Katleho Mini discuss the Draft Legal Sector Codes. They focus on the differences between the Amended Codes of Good Practice and the Draft Legal Sector Codes. Click on the play button below to listen to our podcast! ☎️ Want to know more about the Draft Legal Sector Codes? Contact your SEESA BEE Legal Advisor or leave your contact details on our website at www.seesa.co.za for a SEESA representative will contact you. #TeamSEESA
Family Responsibility Leave – What Is Family Responsibility Leave, And When Does It Apply?
Family responsibility leave is governed by section 27 of Basic Conditions of Employment Act 1997. Employees are entitled to 3 days of family responsibility leave per year, should the employee meet certain criteria: The employee must be a full-time or permanent employee;The employee must work over four days per week;The employee is only entitled to family responsibility leave after four months of employment. However, an employer and employee may contractually agree that over three family...
What Are The Requirements For A Mentorship On The Construction Generic Scorecard?
The Mentorship programme applies to the Construction sector code. Each Measured Entity must have one person in the business responsible and accountable for mentoring, called the mentor champion. The criteria for the programme must include the objectives and desired outcome of the programme, the structure of the programme, methods of how the protégés and mentors will be selected and matched and the time frames for implementing the programme. There must be a general portfolio of evidence...
The Supplier Development Requirements For A Generic Construction Sector Entity
The Amended Construction Sector applies to all entities that fall within the Construction Sector. It is important to note that there are two sub-sectors within the Construction Sector, namely, BEP (Built Environment Professional) andConstruction Contractor, which also includes Construction Suppliers. The significant difference between both sub-sectors is that BEPs conduct the planning, designing and costing of construction projects, whereas the Construction Contractor sub- sector conducts the...
DYK – Your Online Store May Have To Comply With The Requirements Of ECTA?
When selling goods online, a Supplier must assess whether it is required to comply with the requirements of the Electronic Communications and Transaction Act 2 of 2002 ("ECTA)". Suppliers, which sell goods online to natural persons who are the end users of said goods, unless specifically excluded from doing so, must comply with the requirements set out in sections 43-49 of ECTA. The aforementioned sections regulate lawful compliance insofar as the disclosure of cooling-off periods,...
Episode 130: Unfamiliar with The Code of Good Practice on The Prevention and Elimination of Harassment in the Workplace?
On the 18th of March 2022, The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace came into effect. SEESA Legal advisors Elsje-Marie van Zyl and Martin Engelbrecht discusses the implications of the new code on businesses and how it affects dealing with harassment in the workplace going forward. 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....
Direct Marketing
Direct marketing through unsolicited communications remains the Information Regulator’s most complained about grievance since the establishment of the Information Regulator. The People’s right to privacy, as now supplemented and extended in terms of the POPI Act, continues to be neglected by pestering business communications to market an unwanted good or service. To combat this sales tactic, Section 69 of the POPI Act attempts to regulate direct marketing through unsolicited electronic...
Can A Polygraph Test Be Used As Evidence In A Disciplinary Hearing?
Yes, however, the results of a polygraph test alone are not enough to prove an employee's misconduct/guilt, as the accuracy of the test has been questioned over the years. Polygraph tests are considered circumstantial evidence, i.e. they can only draw inferences about a series of events. An initiator should only use this type of evidence with supporting evidence. An Employee must give their written consent to undergo a polygraph test as the test may infringe on two constitutional rights, which...
Serving Of Notice Periods
Termination of the employment relationship can take place in different ways. A few to mention may be in the event of a death of an employee, by the employee’s dismissal, when an employee retires, by mutual agreement or on the instance of an employee. If an employee resigns, the employee would have to provide an advanced notice period to the employer. The notice period is, however, dependent on several factors: First, if there is no contract of employment between the employer and employee...