Are you claiming back your SDL from SARS?
Does your business have an annual payroll of above R 500 000? If so, then every month, 1% of your payroll expenditure goes to SARS in the form of a tax called the Skills Development Levy (SDL). The SDL is a tax on employers in South Africa, that funds employee training and development programs. The levy is intended to help employers improve the skills of their workforce, which can lead to increased productivity and competitiveness. How do you claim back a part of this SDL from SARS? Claims are...
Skills Development for Youth Employment
Today, we're diving into an exciting topic about empowering the next generation of South African workers. We're talking about skills development for youth employment, and indeed, it is a real game-changer. So, my fellow South Africans, buckle up and get ready to be inspired. Finding employment can be as challenging as navigating a busy intersection during rush hour in this fast-paced world. South Africa has been grappling with high levels of unemployment, with the youth being one of the...
Beneficial Ownership
The Financial Action Task Force (FATF) is an intergovernmental body that develops and promotes policies to protect the global financial system. The FATF identified certain areas of deficiency in South Africa that had the effect of South Africa being grey-listed in March 2023. One of the areas of strategic deficiencies identified by the FATF requires South Africa to ensure that competent authorities have timely access to accurate and up-to-date Beneficial Ownership information on legal persons...
President assents to the Employment Equity Amendment Bill.
President Cyril Ramaphosa signed into law the Employment Equity Amendment Bill of 2020 on the 12th of April, 2023. The Amendment Bill seeks to advance the transformation of South Africa’s workforce by setting equity targets for economic sectors and geographical regions and requiring enterprises to develop transformation plans. The Bill amends the Employment Equity Act of 1998 (Act No 55 of 1998) with new measures to promote diversity and equality in the workplace. No regulations have yet been...
May A Data Subject Institute A Claim For Damages Against A Responsible Party For Not Complying With POPI?
Yes, a data subject may institute a civil action for damages in a court having jurisdiction against a responsible party for any breach of any provision of the Act as referred to in Section 73 of POPI, whether or not there is intent or negligence by the responsible party. It is, therefore, a no-fault liability unless the responsible party can prove that the breach was vis major, the data subject consented to the breach, the data subject was at fault, compliance was not reasonably practicable in...
Times Are Tough! Can I Reduce My Staff’s Working Hours To Save On Salaries?
Many companies and employers have been subjected to difficult economic conditions over the past few months. They are still reeling after the effects of the COVID pandemic and its devastating effect on our economy. Desperate times call for desperate measures, but can an employer reduce the working hours of his employees to decrease his payroll expenses? Should an employer consider reducing hours of work or shift changes, or pay cuts, he should understand that these steps will change working...
SEESA Compliance and Transparency
Are you aware of the latest developments regarding Beneficial Ownership in terms of the Companies Act? SEESA Compliance and Transparency will be able to assist with the following: • Telephonic advice regarding Beneficial Ownership matters; • Updates regarding and assistance with Beneficial Ownership verification; • Assistance with a Beneficial Ownership register. Apart from the above, SEESA Compliance and Transparency will also provide you with access to the following services: • Guidance on...
DYK – An Employee’s Retirement Age May Not Be Unilaterally Changed By The Employer?
According to Section 187 (f) of the Labour Relations Act (LRA), an employer cannot unfairly discriminate against an employee based on their age. When a retirement age has been agreed upon between the employer and employee in a contract of employment or through a pension/provident fund, it is a condition of employment between the parties. The employer cannot unilaterally change this condition. There has to be a signed written agreement between the parties for a change in employment conditions....
Can My Domestic Worker Join A Trade Union?
Section 21 of the Labour Relations Act describes organisational rights as a trade union’s formal request made in writing to represent employees in a workplace on a variety of selective rights. Section 23 of the Constitution and Section 4(1) Labour Relations Act protect the rights of employees to form and join a trade union and participate in the activities and programs of a trade union. Therefore, the answer is yes, a domestic worker may join a trade union. However, not all organisational...
Guidelines When Using WhatsApp Groups For Business Communication Purposes.
Using WhatsApp groups for internal workplace communication and marketing purposes has become very popular. Employers should therefore keep in mind that compliance with the Protection of Personal Information Act (POPIA) must be adhered to when processing personal information on this platform. Things to keep in mind when using WhatsApp as a communication platform: Multiple devices are used for processing information, which information is also stored on each device, such as the employee’s phone...