Notice period: 4 weeks or calendar month?

Employers and employees have different interpretations when it comes to the notice period to terminate the employment relationship.

The Basic Conditions of Employment Act (BCEA) stipulates that an employment contract may be terminated on notice of not less then four weeks if the employee has been with the employer for one year or longer.  Read more →

Tools to effectively manage labour legislation

Labour risk is a huge business risk. To ensure the sustainability and profitability for of your business, labour legislation needs to be managed in a proactive manner. This ensures a working environment with reduced conflict, friction and misunderstanding, which in turn creates a structured environment respective for growth.

Herewith a few tools to assist employers in managing labour relations in their businesses:

Registration

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Bonus – terms and conditions

Labour law applies to all employers and employees and aims to regulate labour relations. As a result, this ensures that fairness and reasonableness prevails in the workplace. Standard procedures, clear rules and guidelines in the workplace ensure that every individual knows what is expected from him/her. Consequently, this promotes proper communication between the employee and the employer. A common misconception in the workplace is that the employees are entitled to an annual bonus and increases. Read more →

Clinic visits – paid sick leave?

A common misconception is that an employee is entitled to paid sick leave to attend a clinic visit to obtain medication.  An employee is only entitled to sick leave when he/she is unfit for work. This is usually as a result of a medical condition.

The specifics:

The employer is not expected to remunerate the employee when he/she requests time off to visit the clinic to obtain medication. This also complies in cases of routine visits to the clinic or doctor. When the employer does grant paid sick leave in these instances, it is solely at the employer’s discretion. It can be viewed as an additional benefit. The employer should however take care to act consistently in granting benefits towards all employees.

Employees must take note that the misuse of sick leave is a disciplinary offence. Also, the offence could lead to dismissal due to an irreparable breach in the trust relationship between the employer and the employee. In the event there is a breach in trust between the employer and the employee the employment relationship cannot continue.

Transport of farm workers

Although employers are under no obligation to transport farm workers, many farmers do provide transport. Farm workers can find it difficult to get to work because of the remote location of the farm, the lack of public transport, or the level of poverty in the rural area.

On 11 May 2017 it became illegal to transport school children in the goods compartment of any vehicle (for example the back of a bakkie). This is mainly seen as a big stride in the right direction with regards to the safety of our children on public roads. According to Regulation 50 of the National Road Traffic Regulations, no person is allowed to transport any other person in the goods compartment (back of bakkie/trailer) of a motor vehicle for reward. However there is good news for farmers who transport their employees. This regulation does not apply to a vehicle that complies with the provisions of the National Land Transport Act.

What is the risk of transporting farm workers?

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