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...
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...
Did You Know? – Employees On Fixed Term Contracts For Longer Than 3 Months Are Deemed, Permanent Employees.
The Labour Relations Act, in section 198B, provides for employees being employed on fixed-term contracts for longer than 3 months to be deemed, permanent employees. This section of the Act does not apply to. • Employees earning in excess of the remuneration threshold set by the Minister in terms of section 6(3) of the BCEA – currently R 205 433.30 per annum; • an Employer that employs less than 10(ten) Employees; or • that Employers less than 50(fifty) Employees and whose business has been in...
The Importance Of The Workplace Skills Plan And Annual Training Report For B-BBEE
During the submission period of verification packages on financials not older than 18 months, it came to light that a lot of companies do not comply with having a Workplace Skills Plan (WSP) or Annual Training Report (ATR) in place within their working environment. With new developments occurring on a regular basis in certain industries, the submission of the Workplace Skills Plans (WSP) and Annual Training Report (ATR) needs to be updated annually to regulate the workplace and eliminate...
Episode 46: How To Legally Dismiss An Employee?
We often get requests from businesses to assist with dismissing employees immediately. It is however not that simple. There are only three grounds in terms of which the termination of employment will be legitimate. In today's podcast, SEESA Legal Advisors, Carla Theron and Stefan Tickner discuss the requirements and the procedures to be followed for a dismissal to be fair. Click play to listen to our podcast! Need assistance with dismissals? Contact your nearest SEESA office, alternatively...
The Misconception About Fixed Term Contracts
Much like the COVID-19 pandemic, the misconception that employers can hold their employees to successive fixed-term employment contracts is going nowhere in a hurry. Legal Advisors often hear one or more of the following scenarios: The employer wants to see if the employee is the ‘right fit’ for the workplace;The employer wants to see if the employee is truly capable of performing the job that he/she was hired for; and most oftenThe employee’s performance is not up to standard, therefore...
FAQ – If An Employee Works For Two Companies, Can TERS Be Claimed For Both Companies?
Technically, both employers should be able to claim TERS for the same employee for the portion of remuneration each paid to the particular employee. Unfortunately, the TERS system works on the employee’s ID number. If a second employer want’s to register for a claim on the same ID number, the system will reject the registration. To find out how SEESA can help your business visit our website for more: https://bit.ly/331N30e
Did You Know – You May Still Need a B-BBEE Certificate Even If Your Annual Turnover Is Under R10million
In some cases, although your annual turnover is under R10 million you may still need a B-BBEE certificate and will not qualify for a B-BBEE affidavit? Depending on the specific industry that your business operates in, different B-BBEE sector codes will apply which have different requirements and obligations which would vary the turnover threshold for when you would qualify for an affidavit or whether you will need to be formally scored on the relevant B-BBEE scorecard and obtain a formal...
The Obligations Of Employers Regarding Substance Addiction And Abuse In The Workplace.
Employers are often faced with employees being addicted to drugs or alcohol while in employment. What are their responsibilities toward those employees and how should the problem be handled? Alcoholism and substance dependence is a kind of incapacity and not misconduct There are several South African Acts legislating how addiction and abuse should be handled in the workplace: The Constitution of the Republic of South Africa (108 of 1996);The Prevention of and Treatment for Substance Abuse Act...
Episode 45: The Supplier’s Obligation To The Consumer In Terms Of Good Quality Goods And Services
In this podcast, SEESA Consumer Protection & POPI legal advisors, Carmen Ronne and Ashlin Naidoo discuss the consumer's rights to safe, good quality goods and the impact thereof for suppliers when dealing with the implied warranty in terms of Section 55. Further to this, they also discuss the impact of returns in terms of Section 20. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with its terms and conditions or any CP/POPI related queries....