The principle of fair labour practice is a fundamental right that is guaranteed in the Constitution of the Republic of South Africa which is the supreme law of the land.

Whether you are a small business owner, sole proprietor, partnership or large corporation, if you employ staff you should be equipped with the basics conditions of employment. Should a dispute arise, you must also be informed of the right steps to take. Most importantly, you must know what documentation to keep.

This 6 x part self-study series, wishes to assist the employer and employee with their working relationship and to address all the necessary labour legislations and laws, necessary to run a business while employing and managing staff.

Employment Laws in South Africa

• Employment laws impacting the Employer-Employee relationship in South Africa:
  • The Constitution (Bill of Rights) Labour Relations Act (LRA)
  • Basic Conditions of Employment Act (BCEA)
  • Employment Equity Act (EEA)
  • Occupational Health and Safety Act (OHSA)
  • Compensation for Occupational Injuries and Diseases Act (COIDA)
  • Unemployment Insurance Fund (UIF)
  • South African Qualifications Authority Act (SAQA Act)
  • Skills Development Act (SDA)
  • Skills Development Levies Act (SDLA)

• BCEA: General
  • Temporary employment services
  • Deeming of persons as employees
  • Presumption as to who is employee
  • Duration of employment
  • Codes of Good Practice
  • Confidentiality
• Other
  • Ordinary hours of work
  • Leave Pay
  • Pay for Sick Leave
  • National Minimum Wage
  • Annual Earnings Threshold
  • What employers need to display at the workplace

Entering into & Terminating Employment Contracts

• Contracts of Employment

• Permanent / Full Time
• Part Time / Fixed Term
• Independent Contractor
• Commission Earners
• Probation

• Termination of Employment

• Application
• Notice periods
• Payment instead of notice
• Accommodation provided by Employer
• Payments on termination
• Severance Pay
• Certificate of Service
• Absconding

• Mutual separation agreements

• It is a criminal offence for employers to misrepresent the nature of the reason for termination in order to assist the employee in qualifying for the fund benefits

• Voluntary and Involuntary retrenchment

Basic Conditions of Employment

• Regulation of working time

• Interpretation of day
• Ordinary hours of work
• Daily wage payment
• Overtime
• Compressed working week
• Averaging of hours of work
• Determination of hours of work by Minister
• Meal intervals
• Daily and weekly rest period
• Pay for work on Sundays
• Night work
• Public holidays

• Leave

• Annual leave
• Pay for annual leave
• Sick leave
• Proof of incapacity
• Application to occupational accidents or diseases
• Maternity leave
• Parental leave
• Adoption leave
• Commissioning parental leave
• Protection of employees before and after birth of a child
• Family responsibility leave

• Particulars of Employment and Remuneration

• Written particulars of employment
• Informing employees of their rights
• Keeping of records
• Payment of remuneration
• Information about remuneration
• Prohibited conduct by an employer
• Deductions and other acts concerning remuneration
• Payment of contributions to benefit funds
• Calculation of remuneration and wages

Disputes, Disciplinaries & Dismissals

• Disputes
  • Disputes – Different types of disputes

• Freedom of association;
• Organisational rights;
• Collective agreements;
• Mutual interest issues;
• Unfair dismissals;
• Unfair labour practices; and
• Unfair discrimination

• If you are an employee in dispute with your employer, or vice versa, over a matter such as:

• Dismissal;
• Wages and working conditions;
• Workplace changes;
• Or discrimination you may want to ask the CCMA to conciliate or even arbitrate your dispute.

• A union or employers' organisation may also initiate this action. You do not need the other party's consent before taking a matter to the CCMA

• Speedier dispute resolution process called con-arb

• Disciplinaries

• Disciplinary measures short of dismissal
• verbal warnings for minor transgressions
• written warnings for consistent misconduct
• final warnings for persistent misconduct
• Duration of Warnings

• a verbal warning should remain valid for 3 months
• a written warning should remain valid for 6 months
• a final written warning should remain valid for 12 months
• Dismissals

• Fair reasons for dismissal
• Dismissals for misconduct
• Fair procedure
• Disciplinary records
• Dismissals and industrial action
• Constructive dismissals
• Guidelines in cases of dismissal for misconduct
• Guidelines in cases of dismissal for poor work performance
• Incapacity: Ill health and injury
• Guidelines in cases of dismissal arising from ill health or injury

CCMA

• Tough for labour brokers at arbitration
• You cannot expect justice if you are not there
• You and the CCMA - Has the dispute been properly referred?
• What to do if the Employer refuses to comply with a CCMA award
• There is recourse, if unhappy with CCMA ruling
• There are ways around an arbitration award
• Steps for referring disputes at the CCMA
• Procedural guidelines in arbitration cases
• Fixed contracts can be short cut to the CCMA

Practical & Useful Templates to Use

• Contracts of Employment
  • Permanent / Full Time
  • Part Time / Fixed Term
  • Independent Contractor
  • Commission Earners

• Employee evaluation / review form
• Leave Application Forms
• Disciplinary Code of Conduct and Code of Misconduct
• Employee induction / orientation
• Use of company equipment
• Company Rules and regulations (dress code, standards of behaviour required)
• Internet and e-mail usage policy
• Company Terms and Conditions relating to:

• Bonuses or other incentive schemes paid by the employer
• Performance Reviews
• Staff loans
• Study Leave

All Included:

• Video presented courses
• Downloadable course material
• Certificate of training
• Assessments (optional)
• SAIT Accredited (Verifiable CPD Hours0