Section 34 of the Basic Conditions of Employment Act (BCEA) outlines the prerequisites that must be satisfied before any deductions can be made from an employee’s remuneration.What are the consequences of deducting money from the employee’s remuneration without...
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Embrace remote work
The evolution of the workplace has seen a significant shift in recent years, especially with the increasing acceptance of remote work. Initially born out of necessity during global crises such as the COVID-19 pandemic, working from home has transformed from a...
Employers Duties
An employer must supply an employee, when the employee commences employment, with the following particulars of employment in writing:
Monopoly: Labour Law Edition (South Africa)
In this version of Monopoly, players not only build their business empires but also navigate the complex world of labour laws.
Disciplinary hearings: thorough investigation and expeditious process
When an employee’s alleged misconduct in the workplace comes to the employer’s attention, it is necessary to investigate.
Final payments due upon termination of employment
There are different ways in which an employment contract may terminate. It can either be by way of the employee resigning, reaching the retirement age set in the workplace, the employee being dismissed for misconduct or retrenched due to operational reasons. There are...
Desertion: follow the correct procedure
Employers are often faced with employees who simply stay away from work. The question then, is how to deal with it. If an employee does not report for work, the employer has an obligation to take all reasonable steps to determine why the employee is absent.THE FIRST...
UI-19 certificate: Changing the reason for termination
It is a common occurrence for employers to alter the reason for termination on an employee’s UI-19 certificate in order for them to qualify to claim Unemployment Insurance Fund (UIF) benefits, but is it legal? The UI-19 certificate is a crucial requirement for...
Importance and implementation of a disciplinary code and written policies
Business is conducted in a challenging environment where every workplace is unique. Employees form an integral part of the work environment and are diverse in terms of personality, frames of reference, value systems, culture, motivation, and so on. Misconduct in the...
Warnings and deductions
Labour legislation strictly regulates any deductions made from an employee’s remuneration, and employers must guard against deducting any money without following the correct procedure. Various types of deductions can be made ranging from statutory deductions...
The right to party
South African labour legislation, including the Labour Relations Act, 66 of 1995, and the Basic Conditions of Employment Act, 75 of 1997, place no obligation on the employer to host a year-end function, or for example a Christmas party. Although a year-end...
Vicarious liability
Vicarious liability is indirect liability for the actions of another person, such as an employee.Case study:Mrs X, a receptionist at a busy medical practice, was juggling a high volume of phone calls and patient inquiries. One morning, a caller reached out with...
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