Commission earning employees are no different from any other employee except for the fact that their remuneration is commission based. Employment conditions are regulated in terms of the Basic Conditions of Employment Act and any applicable Bargaining Council...
Moonlighting is defined in the workplace as working a second job without informing your main employer, and employees earn extra money outside of working hours. A possible concern is that moonlighting may cause a decrease in productivity in the workplace. Data from...
Businesses operate in a challenging environment where the economic climate and other external forces can leave a business with little choice but restructuring: realign, restructure and reorganise to become more competitive or to maintain an existing position in the...
Suspending an employee is a common occurrence in the workplace. Employers must however take care to follow the correct procedures when imposing both precautionary and punitive suspension to avoid putting their business at unnecessary risk.What is precautionary...
In terms of the Labour Relations Act (LRA), an employee’s employment contract is automatically transferred to the new employer when a business is sold as a going concern. Any dismissal associated with such a transfer of business, will be deemed as automatically...
Refusal to vaccinate – A recent arbitration award found that it was substantially fair to dismiss an employee who was opposed to compulsory vaccination in the workplace.There are three recognised grounds for dismissal, namely: misconduct, operational requirements...
Labour legislation applies to all employers and employees. The Basic Conditions of Employment Act (BCEA) defines the minimum terms and conditions of employment on which the parties may contract. However, if a business falls under an industry that is part of a specific...
Sexual harassment is a serious offence and is also deemed a form of unfair discrimination. The Employment Equity Act (EEA) stipulates that an employer violates the law if he/she fails to take the necessary steps in cases of alleged sexual harassment. Section 60(3)...
Every employee has the right, in terms of the Constitution of South Africa, to strike. The Labour Relations Act (LRA) defines a strike as the partial or complete refusal to work, or the retardation or obstruction of work by employees for the purpose of remedying a...
All employers must comply with the Occupational Health and Safety Act. This law requires that employers, as far as is reasonably practicable, provide and maintain a work environment that is safe and without risk to the health of employees, customers, members,...
What is the difference between self-quarantine and isolation? According to the Government Gazette 44700, dated 11 June 2021, the definitions are as follows:ISOLATION – REGULATION 6(4)Isolation takes place when an employee develops COVID-19 symptoms or positively...
The Employment Equity Act (“EEA”) applies to all employers, but a “designated employer” (who meets the minimum requirements) has additional responsibilities. Make sure you know what is expected of YOU and that you comply! The EEA aims to eliminate unfair...
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