Episode 48: A Practical Approach To Comply With The POPIA
The Protection of Personal Information Act promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting, processing, storing and sharing personal information. Organisations must actively demonstrate compliance with the POPI Act by implementing appropriate and reasonable measures. In this podcast, SEESA CP & POPI Legal Advisors, Damian Bothma and Melinda van der Merwe discuss how a business can take...
Short Time: An Alternative To Avoid Retrenchment Due To The Impact Of COVID-19.
Due to the impact of COVID-19, many employers found themselves in financial distress and as such, had no alternative but to implement retrenchments to reduce personnel for the business to survive. If the circumstances are of such a nature that the business will most probably improve systematically as the levels of the national lockdown decreases and there is currently still workload to attend to, then the employer can rather implement a system of reduced working hours namely short time to...
FAQ – What Permit Do I Need If I Have To Work After The 12 PM Curfew Under Alert Level 1?
If you need to be outside your place of residence between 12 PM and 4 AM to perform a service permitted under Alert Level 1, then you need to carry a permit with you. The permit is in the form of Form 7 – “ Permit to travel to perform a service", Regulations 66. Who can fill in Form 7? This form is to be completed by the head of an institution (or a person designated by him or her). “Head of the institution” is defined by the Regulations as the accounting officer of a public institution and...
FAQ – Can We Submit a Claim to The COVID-19 TERS Fund If We Paid Our Employees’ Salaries In Full?
Employers are reminded that the intention of the COVID-19 TERS fund has always been to assist employees who have lost income because of COVID-19 and the regulations limiting economic activity during the different lockdown levels. The purpose of TERS is not to supplement the employer’s payroll. If it was possible to pay employees, you will not be able to claim TERS now to be reimbursed. You might claim for June to September but you must realise that if UIF conducts an audit and find that you...
Did You Know ?– A Company needs to submit a WSP (Workplace Skills Plan) and ATR (Annual Training Report ) in order to earn points under the Skills Development Element.
These documents are key to establishing and developing a demand-led skills development system within your business. They help outline how the business will address its skills development needs in relation to the challenges of the South African workplace. To find out how SEESA Skills Training can help your business, visit our website for more: http://www.seesa.co.za/
New Proposed BEE Rules For The South African ICT Sector
South African ICT companies must take note of the new BEE rules that the Independent Communications Authority of South Africa (ICASA) is planning to introduce before the end of the 2020/2021 financial year. During a Virtual parliament meeting on 18 June 2020, President Cyril Ramaphosa reiterated that measures need to be taken and put in place to strengthen the economy, including Broad-Based Black Economic Empowerment (B-BBEE). For now, it is clear that South African businesses will...
Episode 47. Understanding The Property Sector Code And Its Scope Of Application
In this episode, SEESA BEE Legal Advisors, Phillip van der Merwe and Tibely Ebersohn discuss how to determine the thresholds of the various categories within the Property Sector Code, including the important factors to consider when establishing compliance. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with the Property Sector Code or any BEE related queries you might have alternatively, SMS "SEESA" to 45776 for an expert legal advisor to contact...
Unfair, Unreasonable And Unjust Contract Terms And The Consumer Protection Act
When stipulating the terms and conditions in the contract and/or agreements between suppliers and consumers the Consumer Protection Act clearly stipulates in Section 48 that unfair, unreasonable and unjust contract terms are strongly prohibited. The Consumer Protection Act 68 of 2008 was drafted and implemented to ensure that South Africa establish a legal framework that ensures social and economic welfare for consumers. In its objective (Section 3) the act emphasises the importance to protect...
FAQ – What Process Must An Employer Follow When An Employee Deserts His Post?
An employee is regarded as deserted once he has been absent without permission or communication to his employer for 5 consecutive working days without good reason or notification and with the employee’s intention unknown to the employer. Once this has happened the employer needs to do the following: Complete the Desertion Diary by attempting to contact and find the employee, personal contact, questions to co-employees and correspondence on company letterhead. Send correspondence/letter to the...
FAQ – What Is The Impact Of Level 1 on Our Business
The President of the Republic announced on 18 September 2020 that the country will go down to Level 1 of the lockdown regulations. This came into effect on 21 September 2020. Under level 1, all businesses except for a minor few may resume their regular activities. It is however still not business as usual. Operation of the economic sector: All Businesses may operate except for: Night vigils;Nightclubs;Initiation practices;Passenger ships for international leisure purposes;Attendance of...