Red flags in the workplace

Red flags in the workplace

Red flags in the workplace

The employment relationship between the employer and the employee is based on trust, integrity, mutual benefits and respect. Each workplace is a unique environment and should be evaluated accordingly in terms of labour relations. People are diverse and not all employees have the same ethical values and work ethos. The employer has the responsibility to balance all these differences and create an environment that promotes the business’s profitability and sustainability.
Any activity that negatively affects the relationship of trust between the employer and the employee is very serious. Negativity in the workplace can also easily spread and affect other employees to the detriment of the business as a whole. Employers must be alert to red flags as warning signs in the workplace of a possible underlying problem in terms of labour relations. Early warning signs are usually identified when there is a change in an employee’s normal conduct and behaviour.
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Red flags as clear warning signs of underlying problems in the workplace should not be left unaddressed – examples include:

  • Refusal to sign an employment contract: When an employment relationship starts of by an employee refusing to sign an employment contract, it is clear that issues are imminent. This is a clear sign of differences or misunderstandings between the employee and the employer;
  • Misconduct: An increase in misconduct by employees such as insolence, fighting, theft and other unacceptable conduct;
  • Absenteeism: Although absence form the workplace can be due to other issues such as transport, personal finances, undisclosed medical issues or just plain misconduct, absenteeism clearly indicates an underlying problem;
  • Decreased productivity: a decrease in quality and/or quantity can also indicate a lack in skills and training, or an unawareness of declaration of duties can quickly escalate to a serious concern;
  • Workplace conflict: Conflict in the workplace is often ignited by emotions, favouritism or discrimination, differences of opinion, culture, religion and a variety of other factors related to the workforce’s diversity.

Be proactive

  • Take care to appoint the right person for the job form the start. Take the time to contact previous employers and also involve other workplace managers during the interview and selection process. The labour environment in South Africa is highly regulated, especially with regards to the termination of the employment relationship.
  • Implement a written employment contract. The written particulars of employment in the form of an employment contract creates clarity and certainty between the employer in managing labour relations, as a verbal agreement’s terms and conditions cannot always be proven.
  • Communicate clearly and often. The lack of communication between the employer and the employee is one of the biggest problems in South Africa’s labour environment. Clear rules and guidelines in the workplace ensures that friction and misunderstanding are kept to a minimum. This in turn, promotes not only productivity but also a positive working environment. When it comes to taking disciplinary action, the focus is on progressive discipline. This aims to take reasonable steps in order to change or correct the behaviour of employees, through the systematical issuing of warnings, as well as holding consultations.

It is important that employers deal with issues in the workplace as quickly and effectively as possible. Employers should also take care to act objectively and consistently. Labour risk is a huge business risk. To ensure the sustainability and profitability of your business, labour risk needs to be managed proactively. Not following the correct procedures can lead to dire consequences with a huge financial impact.

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LWO op RSG Landbou – Indiensnemingskontrak

LWO op RSG Landbou – Indiensnemingskontrak

LWO op RSG Landbou – Indiensnemingskontrak

Die LWO Werkgewersorganisasie het op RSG Landbou gesels oor ‘n indiensnemingskontrak

Daar word gefokus op wat die wet vereis asook wat in die indiensnemingskontrak ingesluit moet word.

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Employment relationship – have it in writing!

Employment relationship – have it in writing!

Employment relationship – have it in writing!

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.

Recording the employment relationship

The employment contract is the basis of the relationship between the employer and the employee. It records and confirms the terms and conditions of the employment as agreed upon. It is vital, as with any agreement, that this contract is recorded in writing. A common myth is that the employee is not a permanent employee if there is no employment contract. This is not true, as the employment relationship is effective form the moment an employee commences work, irrespective of how the relationship is recorded – via verbal agreement. The major benefit of having the employment contract in writing, is that you have proof of the agreement itself. You also have proof of the terms and conditions of employment as agreed upon.

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Monitoring the employment relationship

Monitoring the employment relationship is an ongoing process with regards to duties, rules in the workplace, enforcing discipline, solving grievances and maintaining a fixed standard in terms of quality and quantity. Employers must take care to record the following in writing:

  • The employment contract
  • Declaration of duties
  • Rules – the employer must be able to prove that the employees are informed and aware of the workplace’s rules and policies.
  • Disciplinary code – employers must have an up to date disciplinary code that lists offences with the appropriate sanctions to use when rules and procedures are not followed.
  • Disciplinary action –  the CCMA mainly looks at two elements when and employee refers a dispute:
    • substantive fairness (a valid and fair reason for the sanction imposed), and
    • procedural fairness (the required legal procedure before imposing a sanction).

Refusal to sign documents

When an employee refuses to sign a document, the employer must explain the document in the presence of a witness and the witness can then sign the document as proof that it was explained to the employee. Video footage can also be used as proof.

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