Compliance & Policies

The Unemployment Insurance Fund (UIF) acts as a temporary safety net for employees who are retrenched or unable to work due to illness or maternity leave. You have a moral and legal obligation to register with this fund and contribute on behalf of your employees. It's not as complicated or costly as you might think. The attached guide will help you navigate the steps you need to follow in order to register and pay the UIF.

The recent power outages have given rise to the question as to whether employees can insist on payment of their salaries or wages for the duration of such outages. In short, employees are normally entitled to payment during a power outage, but employers are not entirely at the mercy of Eskom. They can enter into a contractual arrangement with their employees to mitigate the situation. Here are five applicable principles which underpin why this is.

Find out the answers to some of the most commonly asked questions about labour legislation. These questions include: What should I do when an employee leaves before their notice period is up? Should the employee be notified before the contract expires? When an employee resigns on 24 hours notice, is the company entitled to set off the notice period as prescribed by the Basic Conditions of Employment Act or the contract that the employee signed? And more.

Many SMEs do not have an HR function, which is understandable in organisations with few employees. A full-time HR person would be costly and probably not fully utilised if the headcount does not warrant it. As Human Resources is ultimately a management responsibility, management should bear the full brunt of this in an SME. However, many managers are not well versed in the full HR functions, and HR mistakes due to a lack of understanding of the current HR environment can be costly and time-consuming. These HR functions are critical to any business, regardless of size.

The South African Labour Guide is an online guide to labour law in South Africa. The guide provides information and resources on 24 hour notices; absenteeism; alcoholism in the workplace; bonuses; constructive dismissal; the Consumer Protection Act; employment contracts; derivative misconduct; desertion; dismissals; inconsistency relating to the disciplinary sanctions; insubordination; poor performance; probation; resignations; and much more.

Is an employee who leaves employment within the first four months entitled to be paid for annual leave accrued during that period? The short answer is: no. In the absence of any agreement or law to the contrary, an employee is only entitled to a leave pay-out if the employee has been employed for more than 4 months. Here is a brief explanation about why this is the case, based on the Basic Conditions of Employment Act (BCEA).

This document can be used as a formal letter of warning or final warning for an employee who is not performing or is guilty of misconduct.

Sometimes people resign from a business and due to a number of different circumstances, they still owe money to their previous employer. It would be ideal to make a clean break with departing employees. Alas, it is not always so, especially when the trust relationship has been completely destroyed. Here are a few guidelines to help you with the recovery of employee debt.

The Commission for Conciliation, Mediation and Arbitration (CCMA) was established to provide the country with an accessible, user-friendly and, above all, inexpensive labour dispute resolution system. Workers who have allegedly been unfairly dismissed or the victims of various unfair labour practices are able to approach the CCMA alone or with certain categories of recognised representatives in order to seek redress for workplace wrongs.

Contracts, tax legislation and other Acts relating to your business can be complicated and getting an attorney to help may be very costly. Of course, there is also the question of whether you even know what your legal obligations are. LawUnlocked provides an online tool that may be able to help you assess what your legal obligations are with regards to various aspects of running your business.

A letter from the Commission for Conciliation, Mediation and Arbitration (CCMA) is the last thing any business owner wants to get. But what exactly is the CCMA, how does it operate, and how can you avoid ever having to see the inside of their building? The CCMA was established to provide the country with an accessible, user-friendly and, above all, inexpensive labour dispute resolution system. Read on find out how their services and resources can help you avoid a costly labour dispute.