The employment relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum. This in turn promotes not only productivity but also a positive working environment.
Compliance with legislation can be intimidating, especially for business owners without a legal background. Labour law is not negotiable and compliance requires specialist knowledge. This poses a business risk to the employer. To comply with legislation is not a luxury, it is a must and can be overwhelming and extremely time consuming. Employers should however realise that legislation can also be used to protect your business and minimize risk by proactively positioning the business with regards to possible future disputes. Read more →
Labour legislation is not negotiable and non-compliance holds huge business risk for employers. The employer can greatly contribute towards the business’s sustainability and profitability by addressing labour risk proactively. This also ensures a working environment with reduced conflict, friction and misunderstanding. In turn, this will also create a structured environment receptive for growth. Labour legislation is applicable to all employers and employees. It aims to regulate labour relations ensuring fairness in the workplace. Read more →
A bargaining council is a body that is established by one or more employers’ organisations and one or more trade unions. It must be registered under the Labour Relations Act for a particular industry. This means that there are restrictions on what kind of dispute specific bargaining councils may hear.
Employers are under the impression that persons who receive old age pension are not allowed to work, or that they forfeit UIF benefits if they do. There are certain specification to receiving certain grants.
Any person, irrespective of age, can be registered as a work seeker, 
even while receiving old age pension. All employees are entitled to UIF benefits, if they make the statutory contributions. However, a person cannot claim UIF and receive the grant at the same time.
Maintaining discipline in the workplace is vital to maintain productivity, as well as a positive working environment. Just as an employee has certain rights, the employer has the right to take disciplinary action against an employee who is in contravention of the employer’s rules, policies or procedures. It is however the employer’s responsibility to take action and enforce discipline.
When it comes to taking disciplinary action, the focus is on progressive discipline. Progressive discipline aims to take reasonable steps in order to change or correct the behavior of employees, through the systematical issuing of warnings, as well as holding consultations.
The issuing of warnings in the workplace must be in line with the employer’s disciplinary code. A disciplinary code is vital to ensure that there are clear rules and procedures in the workplace to be followed by employees. Ensure that your disciplinary code is relevant and up to date regarding offences and appropriate sanctions. Also ensure that all employees are aware of what the disciplinary code entails. Warnings can range from verbal to a written, serious written and a final written warning and must be fair, as well as in line with the seriousness of the offence.
The relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum, which in turn promotes not only productivity but also a positive working environment.
Rules are implemented in the workplace through the employment contract, policies and procedures. The employment contract is the basis of the relationship between the employer and the employee and states the terms and conditions as agreed upon. This cannot be amended without proper consultation with the employee. Therefore the majority of rules in the workplace are implemented through policies and procedures. Read more →
The Occupational Health and Safety Act, Act 85 of 1993, regulates health and safety in the workplace. The aim of this Act is to ensure a safe and risk free working environment. In case of an incident, it is vital to follow correct procedures in handling as well as reporting the incident in order to avoid penalties and fines.
The farm is a challenging environment exposed to various potential health and safety risks created by diesel, vehicles, machinery, chemicals, livestock, the environment (fires, weather, natural disasters, etc.), high voltage, heavy loads, poor etiquette to customers and co-workers and many more. Risk increases in the case of illiterate and unskilled workers. Cost is also a major factor. An injury on duty, absence due to an injury, as well as the employment of a temporary person, are expenses not always budgeted for. Read more →
According to the Employment Equity Act, Act 55 of 1998, designated employers (employers who meet the minimum requirements) are under a legal obligation under Section 20 & 21 of this Act, to annually submit reports (EEA2 and EEA4) to the Department of Labour and to have an Employment Equity plan (EEA13) in place.
Are you a designated employer?
Designated employers are obliged to comply with the requirements set by the Employment Equity Act. The amendment to the Employment Equity Act came into effect on 1 August 2014 and mainly affects who is seen as a designated employer, as well as how often reports must be submitted to the Department of Labour.
An employer is seen as a designated employer when the following is applicable: Read more →
