Results for Basic Conditions of Employment Act

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North West businesses slapped with non-compliance notices
North West businesses slapped with non-compliance noticesArticle

The IES unit of the labour department has issued 14 businesses with 33 non-compliance notices during a blitz inspection conducted at Tower Mall, Jouberton...

21 Apr 2021

Accidentally overpaid an employee? Here's what to do...
Accidentally overpaid an employee? Here's what to do...Article

How should you address a genuine mistake that has been made resulting in employees receiving payments that they have not earned...?

Janeske Greeff 12 Apr 2021

Remote working - no reason to overlook annual leave
Remote working - no reason to overlook annual leaveArticle

While many employers and employees are fast adapting to an anywhere, always-on workplace, they remain bound by labour laws relating to reasonable regulation of working hours and annual leave...

Melissa Cogger and Leila de Saude 7 Apr 2021

SA Uber drivers move for employee rights in class action suit
SA Uber drivers move for employee rights in class action suitArticle

Uber drivers in South Africa are gearing up for a courtroom battle as they seek recognition as employees - not merely independent contractors...

25 Feb 2021

True cost of labour... and minimum wage non-compliance
True cost of labour... and minimum wage non-complianceArticle

Rui Lopes, managing director at Lopes Attorneys, discusses the impact of the revised National Minimum Wage Act and its potential impact on employers...

Rui Lopes 22 Feb 2021

Labour dispute: choose your words and court wisely
Labour dispute: choose your words and court wiselyArticle

When dealing with a dismissal or unfair labour dispute, the question should be whether the alleged conduct sought to be impugned was fair, not lawful...

Sandile July and Nyiko Mathebula 17 Feb 2021

National Minimum Wage increased to R21.69 per hour
National Minimum Wage increased to R21.69 per hourArticle

The National Minimum Wage (NMW) will increase to R21.69 per hour from 1 March...

10 Feb 2021

It's leave, Karen, not a savings plan
It's leave, Karen, not a savings planArticle

Whenever an employee's services are terminated, or an annual leave cycle ends, there will be at least two people arguing about whether the employee's old, untaken annual leave could be accumulated and paid out...

Johan Botes 10 Dec 2020

SME Recruitment: A guide to employment contracts
SME Recruitment: A guide to employment contractsArticle

The employment contract is a critical document that regulates the terms and conditions of employment between the employer and the employee...

Siobhan Zurnamer 27 Jul 2020

SAA liquidation means financial hardship, DPE warns
SAA liquidation means financial hardship, DPE warnsArticle

In a statement issued on Thursday, the department said SAA stakeholders should realise that business rescue provides a better outcome than liquidation and should be supported for their collective interests...

2 Jul 2020

Coping with less - concerns over month-end salary
Coping with less - concerns over month-end salaryArticle

For many South Africans, the figure for their April salary is a major concern. There are a number of concerns about the UIF processes as well as concern over whether or not paying certain debts will result in a negative for their record...

Devan Moonsamy 28 Apr 2020

3 pressing employee questions regarding Covid-19 lockdown
3 pressing employee questions regarding Covid-19 lockdownArticle

The recent lockdown, which in some cases has been extended in several countries around the world, has proven to pose a number of challenges from a legal perspective...

22 Apr 2020

Update to UIF TERS benefits regarding forced annual leave
Update to UIF TERS benefits regarding forced annual leaveArticle

The Department of Employment and Labour late last week announced an amendment to the Temporary Employee Relief Scheme (TERS) will be of great importance to any employer which has required employees to take compulsory annual leave during the national lockdown...

Bradley Workman-Davies & Jacques van Wyk 20 Apr 2020

Demotion as an alternative to retrenchment during Covid-19 outbreak
Demotion as an alternative to retrenchment during Covid-19 outbreakArticle

As a consequence of the Covid-19 coronavirus pandemic, there are a number of labour law considerations that South African businesses will have to consider...

Kayla Shadiack 25 Mar 2020

You can leave, just not right now...
You can leave, just not right now...Article

An employee is entitled, at any time in an employment relationship, to resign and walk away from his employer...

Bradley Workman-Davies 6 Mar 2020

Spar franchisee ordered to pay workers millions
Spar franchisee ordered to pay workers millionsArticle

A Spar franchisee has been ordered to pay millions of rands to workers for unlawful deductions on earnings, as well as non-compliance with the National Minimum Wage (NMW), said the Department of Employment and Labour...

25 Feb 2020

Government announces new National Minimum Wage rate
Government announces new National Minimum Wage rateArticle

The Department of Employment and Labour says the new rate for the National Minimum Wage (NMW) for each ordinary hour worked will now be R20.76...

24 Feb 2020

New leave laws may increase mine employee costs
New leave laws may increase mine employee costsArticle

The implementation of the Labour Laws Amendment Act from 1 January 2020 is welcome from an equality perspective but may have cost implications for mining companies...

Lizle Louw 7 Feb 2020

Myrna Sachs
What you need to know about sick notesArticle

The validity of sick notes has come under the spotlight this week, but it is not a new issue, rather one which employers have been grappling with for a long time...

Myrna Sachs 6 Feb 2020

New parental leave laws and UIF benefits: dispelling the confusion
New parental leave laws and UIF benefits: dispelling the confusionArticle

Following a period of legal limbo, the government notified employers that the parental leave laws that were promulgated in November 2018 would take effect from 1 January 2020...

Rob Cooper 5 Feb 2020

Employee rights proposed for film and TV industry workers
Employee rights proposed for film and TV industry workersArticle

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of South Africa's employment law...

Johan Botes 24 Jan 2020

Planning for public holidays and your business in 2020
Planning for public holidays and your business in 2020Article

South Africa has 13 official public holidays and in 2020, enjoys 14 as one falls on a Sunday. Employers should consider the effect on the workplace and implement measures to address the impact on work...

Faan Coetzee 17 Jan 2020

Inputs sought on document to improve film, TV workers' rights
Inputs sought on document to improve film, TV workers' rightsArticle

Major improvements are in the pipeline for the rights of workers in the film and television industry...

13 Jan 2020

UIF parental benefits effective... but what about paternity leave?
UIF parental benefits effective... but what about paternity leave?Article

On 29 October 2019, a proclamation was published in terms of which sections 8(a)(cA), 11, 15 and 16 of the Labour Law Amendment Act 10 of 2018 (LLAA) become effective as of 1 November 2019...

Jacques van Wyk 4 Nov 2019

UIF to start process claims for new parental benefits
UIF to start process claims for new parental benefitsArticle

The Unemployment Insurance Fund (UIF) will start processing claims for the new parental benefits from 1 November 2019 to contributing and qualifying UIF beneficiaries...

1 Nov 2019

Distinguishing the line between employer and its employee retirement fund
Distinguishing the line between employer and its employee retirement fundArticle

Employers currently have no legal obligations to give an employee any retirement benefits, and very often the employee is left to make his own arrangements...

Bradley Workman-Davies 15 Oct 2019

Labour investigates trucking industry employment complaints
Labour investigates trucking industry employment complaintsArticle

The Department of Employment and Labour has conducted inspections in the road freight and logistics industry amid complaints that South African drivers were losing out due to truck companies employing foreign nationals...

11 Sep 2019

New parental leave legislation enters last stretch
New parental leave legislation enters last stretchArticle

The much anticipated amendments to the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund Act (UIFA) are nearing implementation...

10 Sep 2019

Making unlimited leave policies work for you
Making unlimited leave policies work for youArticle

Even though unlimited leave is not a new concept internationally, the news that local specialist banking group, Investec, has embraced it has raised a few eyebrows. Nicol Myburgh, head of the HR Business Unit at CRS Technologies, says this approach necessitates a radical change in thinking from corporate policy-makers...

20 Aug 2019

Brits farmers, retailers slapped with labour penalties
Brits farmers, retailers slapped with labour penaltiesArticle

Farmers, retailers and operators in the hospitality sector in Brits, North West, have been slapped with labour penalties following a two-day blitz inspection by the Employment and Labour Department...

12 Aug 2019

Image source: Getty/Gallo
When do the parental, adoption and commissioning parental leave kick in?Article

The Labour Laws Amendment Act (LLAA) and the Unemployment Insurance Amendment Act make provision for parental, adoption and commissioning parental leave, but when do these come into effect?

John Botha 11 Jul 2019

Employers get lessons on NMW Act
Employers get lessons on NMW ActArticle

The Inspection and Enforcement Services (IES) will meet with the Chinese business community in the North West - on the implementation of the National Minimum Wage Act (NMW)...

19 Jun 2019

Legal remedies and recourse for workplace bullying
Legal remedies and recourse for workplace bullyingArticle

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices...

Bradley Workman-Davies 18 Jun 2019

A win for domestic employees in South Africa
A win for domestic employees in South AfricaArticle

According to the International Labour Organisation, there is an estimated 1.1 million domestic employees in South Africa working in private households...

Fiona Leppan and Mayson Petla 13 Jun 2019

Evolution of employee leave - from paternity to pawternity
Evolution of employee leave - from paternity to pawternityArticle

The Basic Conditions of Employment Act (BCEA) offers clear guidelines regarding employee leave, however employers also need to be aware of emerging trends among progressive businesses, the latest being pawternity leave...

9 May 2019

Harvesting attention capital and reducing the risks of the frictionless workplace
Harvesting attention capital and reducing the risks of the frictionless workplaceArticle

The evolution of the flexible age means that the business world is desperate to eliminate friction, seeking to remove any obstacles that stand in the way of maximising customer satisfaction, attracting the best talent and improving operational efficiency. This desire for a frictionless environment, however, has given rise to new challenges...

Johan Botes 30 Apr 2019

Temps still need to fight for permanency
Temps still need to fight for permanencyArticle

Despite the Constitutional Court ruling on Temporary Employment Services (TES) of placed workers being deemed employees of the client, employees should not have an automatic expectation of being transferred onto the books of the client...

17 Apr 2019

How maternity/paternity leave structuring impacts your salary
How maternity/paternity leave structuring impacts your salaryArticle

Despite years of progress and an increased awareness surrounding gender equity in the workplace and society in general, women bare a disproportionate responsibility when it comes to childcare...

Muhammed Goolab 16 Apr 2019

Shedding some light on an employer's obligations during load shedding
Shedding some light on an employer's obligations during load sheddingArticle

It is no secret that the intensified load shedding has had a devastating economic effect on many companies. Without electricity, many businesses cannot function, and in those instances, employees are unable to work...

Aadil Patel and Dylan Bouchier 8 Apr 2019

Keep up to date with the changing labour landscape
Keep up to date with the changing labour landscapeArticle

The South African labour landscape continues to shift with numerous changes to legislation effective 1 January 2019, requiring employers to bring themselves up to date to ensure compliance...

Issued by LexisNexis 19 Mar 2019

National Minimum Wage defaulters warned
National Minimum Wage defaulters warnedArticle

Government has reiterated its commitment to clamp down on the growing practice of deliberately dodging labour laws, especially the National Minimum Wage (NMW) Act...

13 Mar 2019

#RecruitmentFocus: Minimum Wage Commission appointed
#RecruitmentFocus: Minimum Wage Commission appointedArticle

The Department of Labour has appointed a National Minimum Wage Commission, with its first meeting set to take place in February...

30 Jan 2019

Gideon Gerber
Amendments to labour relations legislation - National minimum wage, parental and adoption leaveArticle

As you may have noted in recent media reports, the President of South Africa, Cyril Ramaphosa, signed the new national minimum wage statute into law effective from 1 January 2019...

Gideon Gerber, Issued by SERR Synergy 22 Jan 2019

#RecruitmentFocus: What you need to know about the new National Minimum Wage Act
#RecruitmentFocus: What you need to know about the new National Minimum Wage ActArticle

The National Minimum Wage Act came into effect on 1 January 2019, and provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission...

Jacques van Wyk 9 Jan 2019

How SA's new parental leave law compares internationally
How SA's new parental leave law compares internationallyArticle

Since 2014, a Cape Town father, Henri Terblanche has been campaigning for more parental leave for fathers. Fathers were only entitled to three days family responsibility leave as stated in the Basic Conditions of Employment Act...

11 Dec 2018

#RecruitmentFocus: What deductions can be made from an employee's salary when they resign?
#RecruitmentFocus: What deductions can be made from an employee's salary when they resign?Article

The end of the year often brings resignations as employees look to a fresh start in the new year. While employers may think they can dig out whatever they want from an employee's salary or final payment, the reality is there are only certain instances where they can deduct monies...

7 Dec 2018

#RecruitmentFocus: Minimum wage bill is signed into law
#RecruitmentFocus: Minimum wage bill is signed into lawArticle

President Cyril Ramaphosa has officially signed the new - and up till now, much-criticised - National Minimum Wage Bill into law...

23 Nov 2018

#RecruitmentFocus: What do we need to know about the legalities of overtime and after-hours work?
#RecruitmentFocus: What do we need to know about the legalities of overtime and after-hours work?Article

As we head into the holiday season, any number of retail and hospitality employees will be expected to work overtime during this period. So what should they, as well as HR, know about their legal rights in this regard...?

Shan Radcliffe 22 Nov 2018

Cleaning sector minimum wage review underway
Cleaning sector minimum wage review underwayArticle

The Bargaining Forum in the contract cleaning sector has proposed revised wages ahead of the review of the current sectoral determination, said the Department of Labour...

7 Nov 2018

Public Works increases EPWP wage rate
Public Works increases EPWP wage rateArticle

The Department of Works has increased the Expanded Public Works Programme (EPWP) participants' wage rate from R88.00 to R92.31 per day from 1 November...

5 Nov 2018

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