Episode 81: Who Can Be Regarded As An Independent Contractor?
SEESA Labour Legal Advisors, Frikkie van Tonder and Johan Bekker discuss the topic of who an independent contractor actually is. They provide clarity for employers when determining whether a person is an independent contractor or an employee in terms of the Labour Legislation. Click play to listen to our podcast! If you have any Labour related queries, contact your SEESA Legal Advisor to assist your business, alternatively leave your contact details on our website....
POPI Act Commences On The 1st of July – Will SME’s Be Affected More/Less Than Larger Corporations?
It is no secret to most South African business that the newly adopted Protection of Personal Information Act (hereinafter referred to as “the POPI Act” or the “Act”) will be coming into full swing on 01 July 2021. In terms of the Act, all South African businesses/organisations are required to comply with this Act or face possible and substantial consequences. [1] We at SEESA CP & POPI often get questions from SME’s asking the following: “We are a small business, surely POPI won’t...
Guidelines for Competition in the South African Automotive Aftermarket
The guidelines will be effective from 01 July 2021 and will have a major effect on the restrictive service and repair plans often brought against consumers in South Africa. As owners of new vehicles, we are often forced into making use of specific vehicle manufacture's service centres, repair shops and service plans. When we, as consumers, use independent service centres, the manufacturers void their warranties. The guidelines as set out by the Competition Commission will allow many changes,...
Resignation With Immediate Effect – What Remedies Does The Employer Have
The issue with employees resigning with immediate effect is a problem that seems to be happening more often. Employees simply send a message or letter stating that they resign with immediate effect and leave the employer helpless. The employee simply ignores the stipulated notice periods in their contracts. The questions constantly arise, what remedies does the employer have? Employees are usually required to give one week notice, should they been employed for less than six months, two weeks...
Episode 80: Registering Your Information Officer and Deputy Information Officer With The Regulator.
SEESA Consumer Protection and POPI Legal Advisors, Remolla Naidoo and Ashlin Naidoo discuss the different ways in which businesses can go about registering their Information Officers and Deputy Information Officer with the Regulator. They also discuss what information businesses are required to furnish to the Regulator when making their application. The deadline for all existing businesses is before the 1st of July 2021. Click play to listen to our podcast! Need assistance with the...
B-BBEE Measured Entities in the Financial Sector and Financial Sector Reporting
B-BBEE has a huge impact on the way we do business. As a company, it is important to know why B-BBEE was introduced, what it means for the country, how it affects your business and how your business can benefit from it. B-BBEE was implemented by Government to restore what has been lost and to contribute to the transformation in South Africa. B-BBEE motivates companies to integrate black people into the workspace, invest in their education, support black businesses, and give back to the poor...
Alcoholism in the workplace: Misconduct or Incapacity?
Years back, during my 3rd year with SEESA, I was confronted with the following facts during a Disciplinary hearing. The barman at the hotel consumed alcohol whilst on duty that belonged to the company. I immediately thought, after listening to the employer’s statement along with the evidence submitted, that this would justify a dismissal. The employee, however, presented his case, and it was discovered that the employee was a recovered alcoholic who has been sober for 18 years (The company was...
Did You Know? Employees are now entitled to Parental Leave.
According to the Basic Conditions of Employment Act, as amended, employees are entitled to 10 consecutive days of Parental Leave for the birth of a child or upon an adoption order being granted. Previously employees were entitled to claim three days of Family Responsibility leave which they could use for a birth of a child. However, now employees are entitled to ten consecutive days of Parental Leave. These ten days of Parental Leave will be unpaid, and the employee will be entitled to claim...
THERE ARE LESS THAN 30 DAYS LEFT BEFORE THE POPI ACT COMMENCES!
Registration of your Information Officer with the Information Regulator is a compulsory requirement set out in the Protection of Personal Information Act. The Information Officer’s responsibilities include but is not limited to: • Developing a PAIA manual; • Developing a compliance framework; and • Doing personal information impact assessments. Registration of Information Officers must be done via: • The online portal on the Information Regulator’s website; or • Submitted manually via the...
Episode 79: The Importance Of Having Regular Employment Equity Committee Meetings
SEESA Skills Development Facilitators, Monray Fivaz and Kayla Fourie discuss the importance of having regular Employment Equity Committee meetings based on the legal requirements and the benefits to your business. They elaborate on what should be discussed after the initial Employment Equity Committee meeting and why it should be done. Click play to listen to our podcast! Contact your SEESA Skills Development Facilitator to assist your business with Employment Equity Committee meetings....