It is important to take into account the role labour plays in the work environment and to understand that legislation can be used to the employer’s benefit. Herewith a control/checklist to evaluate the employer’s labour risk:
- Are you registered with the Compensation Commissioner?
- Are you registered with the Unemployment Insurance Fund?
- Does every employee have a signed employment contract? Do these employment contracts comply with all applicable legislation?
- Do you use legislation to your optimum benefit in drafting your employment contracts?
- Do you address the following clearly in your employment contracts:
- Disciplinary code and procedures
- Policies (smoking, harassment, cell phone, internet, etc.) and procedures
- Leave (sick, annual, family responsibility, study, maternity)
- Over time, time off, short time, working time
- Retirement age
- List of duties
- Is documentation regarding the following in place:
- Salary slips that comply with Labour Legislation
- Leave – forms and procedure
- Disciplinary code – is the code relevant and up to date?
- Do you have a copy of the following legislation available in the workplace:
- Basic Conditions of Employment Act
- Employment Equity Act
- Occupational Health and Safety Act
- Personnel files
Do you follow the correct procedure in terms of the following:
- Disciplinary hearing
- Appeal procedure
- Grievance procedure
- Appointing procedure
- Dismissal procedure
- Injury on duty procedure
- Do yo pay at least the applicable minimum wage?
- Do you comply with the Employment Equity Act?
- Do you comply with the Skills Development Act?
- Is there a trade union in your working environment and do you know what your rights are as an employer?
- Do you comply with the Occupational Health and Safety Act?