B-BBEE And Your Trading License
In recent times we have seen many changes, not only in the way that business is done with most businesses going electronic but also with this new era of operating, some “old” requirements in some sectors have become “new” requirements in others. One does not always appreciate the effect that non-compliance will have on you and your company, as most believe that a B-BBEE level is used only for procurement purposes. However, in recent times one has seen a change to this as many sectors now...
FAQ – Is your business required to contribute to the B-BBEE ICT Sector Council fees?
The B-BBEE ICT sector council has made the decision that as from 1 December 2020, all ICT entities who obtains a B-BBEE certificate or affidavit, will need to contribute to the annual fees of the ICT sector council. If an entity, therefore, falls under the B-BBEE ICT sector, they will be required to provide proof of payment to the verification agency as well as confirmation from the ICT sector Council that the entity is up to date with their fees. The implication of non-contribution to the...
Did you know? – A construction company with 0% of black ownership can obtain a B-BBEE Level better than Level 4
If the enterprise’s turnover does not exceed the annual threshold of R10mil per annum, it will be exempt from complying with any of the prescribed elements and will only qualify for an automatic level 6. If the maximum points were reached for skills development and supplier development, this level 6 can be enhanced to a level 3 B-BBEE recognition level that can be obtained without having any black ownership. All that an entity needs to do is to get the correct advice in this regard. To find...
B-BBEE – Reasons why your business might drop a level
When you are a Qualifying Small Enterprise (QSE) or a Generic Company, you are normally required to spend a certain amount of money to obtain full points on specific elements on a scorecard (This excludes automatic BEE levels that you obtain because you have more than 51% black ownership). It happens that companies spend a lot of money and still drop a level, which sometimes leads to a non-compliant certificate. How does it work? In the normal B-BBEE Codes of Good Practice, there are 3...
Episode 75: Amendments Within The Construction Sector Codes Effective from 1 December 2021
SEESA BEE Legal Advisors, Phillip van der Merwe and Johan Oosthuizen discuss the amendments within the Construction Sector Codes effective from 1 December 2021. This is in line with the amendments that came into effect on the Skills Development element on 01 December 2020. They also focus on the aspects in terms of the Socio-Economic Development which differ from the Codes of Good Practice. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with...
Short-time in the workplace during the COVID-19 pandemic
The code of good practice states that dismissal must be a last resort. However, we cannot shy away from the effects of the ongoing global pandemic, coronavirus, within the scope of industrial relations. It can be stated that after the hard lockdown most employers are breathing through the wound since there is a shortage of work, lack of business, just to mention a few. The unprecedented financial havoc caused by a shortage of work and lack of business has resulted in most businesses running a...
FAQ – Can an employee claim sick leave when a spouse tested positive for COVID-19?
This article assumes that the employee does not exhibit any COVID-19 symptoms. Sick leave is regulated by the Basic Conditions of Employment Act (BCEA). According to the BCEA, an employee is entitled to sick leave when the “employee was unable to work for the duration of the employee's absence on account of sickness or injury”. The BCEA clearly does not include an employee whose spouse tests positive for COVID-19 as a valid reason for taking sick leave.In the current situation with the world...
Did you know? – Cybercrime is at an all-time high and your business is at risk
During 2019, the South African Banking Risk Information Centre reported that South Africa had the third-highest number of cybercrime victims worldwide with the country losing an estimated R2.2 billion to cyber-attacks. Cyber-attacks spiked during the COVID-19 Level 5 lockdown as many employees adopted remote working. During 2020, and at the SMME level, cyber threats came largely in the form of phishing. In light of this and the imminent Protection of Personal Information Act 4 of 2013 (POPI),...
The importance of an impartial Chairperson
“Nemo Iudex in Causa Sua” – A decision-maker must be impartial and have no interest in the case.[1] A chairperson must therefore ensure that he or she is impartial when conducting a disciplinary hearing. The chairperson must weigh all the evidence for and against the employee and then make an informed and well thought out decision.[2] This requires that the chairperson must be impartial in the facts of the matter and that there must be no grounds to suspect that the decision of the chairperson...
Episode 74: Can An Employee Resign With Immediate Effect To Avoid Disciplinary Action?
SEESA Labour Law experts, Siseko Nosenga and Werner van Vuren, provides guidelines on the age-old debate of whether employees have the right to resign with immediate effect. They elaborate on why employers may refuse immediate resignations pending disciplinary action and whether employees may be compelled to work their contractual notice period. Click play to listen to our podcast! Contact your SEESA Legal Advisor to assist your business with disciplinary action or any labour related queries...