Compliance & Policies

Sample compliance policies and recommendations for managing employees’ behavior at work, including smoking, telecommuting and occupational safety.

A guide to the Compensation Fund

When you have people working for you, it's not only important to ensure their safety at work, but also to make provisions should an accident or injury occur during the course of their duties. Registering with the Compensation Fund will protect you and your employees in this regard. Besides your legal obligation, a worker injured or disabled at work can be a major (and often unforeseen) expense, but if you belong to the Fund, it will provide the cover and avoid and potential legal action taken against you.

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A guide to the Unemployment Insurance Fund

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.

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Amendments to the Employment Equity Act 2012

The Employment Equity Amendments Bill published on 19 October 2012 (‘the Bill’) signifies the first amendments to the Employment Equity Act (‘the EEA’) since it
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Contracting workers outside of the Labour Relations Act

Imagine a situation where an employer does not have a job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done? This article explores this question by looking at a CCMA case involving the owner of a small business.

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Dismissal related to transfer of business

Sales of businesses are a regular feature of the modern economy. Mergers and acquisitions occur all too often as businesses position themselves for a better share of the market. In all these commercial transactions, the interests of the employees should not be forgotten. This article answers the question: What are the current employees' rights when a business has been sold as a going concern?

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Do employees have to bare the brunt of load-shedding?

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.

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First Aid at work

This article sets out the procedures and legal obligations for an employer to insitute a workplace First Aid policy.

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Fixed Term Contracts – an update

One of the most important changes to the Labour Relations Act is the added protection afforded to employees on fixed term contracts.
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Four common employee misconducts on social media that are hurting your business

Although social media is a growing source of business and marketing for companies, challenges arise when employees post remarks about their employers or customers or colleagues on social media platforms such as Facebook and Twitter. Not only can it result in disciplinary action, but for many it has ended in dismissal for social media misconduct. Here are four common employee misconducts on social media that may be hurting your business.

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Frequently asked questions about labour law

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.

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Frequently asked questions: Social media and employees

This article looks at how to deal with social media in the workplace by answering some frequently asked questions. These questions include: Why do I, as an employer, need a social media policy for my business? My employer has blocked my access to Facebook on my work computer, and banned use of any social media during working hours. Is this not an infringement on my freedom of speech and right to privacy? I have a co-worker sending racist and sexist comments to me on e-mail. I have reported the incidents to my employer but no action has been taken. What can I do? Find out the answers here.

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HR for SMEs – do you really need it?

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.

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Insubordination vs disrespect

South African employees are so heavily protected by the Constitution of the Republic of South Africa, by Labour Legislation, by the Commission for Conciliation, Mediation and Arbitration (CCMA), as well as trade unions, that they are often not afraid to defy the employer’s instructions. For the employer the resulting insubordination is a nightmare. This is especially so where the employer or line management is ill-equipped to deal with the insubordinate employee and fails to understand what insubordination is and how it differs from disrespect. Find out these differences here.

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Know the difference between fair and unfair dismissal

If you have the unpleasant task of firing an employee, you need to know what is considered fair and unfair according to Labour Law. Even if you have due cause for the dismissal, not following the correct procedures can see you paying a very costly visit to the CCMA. This article looks at the differences between fair and unfair dismissal, according to the Labour Relations Act.

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Labour Guide

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.

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Labour.co.za

Labour.co.za is a partnership of independent, highly qualified and experienced South African Labour professionals offering South African solutions to the South African Private and Public Sectors. In particular, Labour.co.za provides solutions in the following areas: labour law support and advice, human resource management, training and seminars on labour relations, employment contracts, retrenchments, Department of Labour issues, and trade unions negotiations.

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Leave accrual – the first four months

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).

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Letter of warning

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.

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Minimum wages

Minimum wages are set as part of the overall conditions of service in the identified sectors or areas.
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Recovering debt from an employee

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.

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Sample Emergency Instructions

As a manager, are you prepared to deal with an emergency situation at the workplace? Do you have an emergency plan? Get help with emergency procedures here.
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Sample Health and Safety Policy

Having written safety standards for employees ensures workplace safety. Create a formal safety policy for your company using the sample attached.
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Sample Work Rules

To create a good work atmosphere, a business owner must have well-defined rules of conduct for employees. Use these sample work rules for your company’s needs.
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The Commission for Conciliation, Mediation and Arbitration (CCMA)

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.

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The employment contract

Anyone who works for you must receive a document containing certain information regarding the conditions of their employment.
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The law protects pregnant employees

If you have an employee who is pregnant or breastfeeding, it's important to be clear on what your and your employee's rights are regarding her pregnancy.
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Unlocking the legal issues related to your business

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.

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What is the CCMA and what does it do?

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.

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Workplace HIV/AIDS policy statement sample

With the potential effect the mismanagement of HIV/AIDS can have on businesses both big and small, it's important that you have the correct policies in place on how you will deal with HIV/AIDS in your company. This is not only a moral issue, but Labour Law legislates that all companies have a working HIV/AIDS policy. So where do you begin? Statistics show that SMEs are the hardest hit by HIV, with 10-40% of employees being HIV-positive. With that in mind, if you do not have an HIV/AIDS policy, it's time that you face the reality of the situation and find proactive ways of dealing with it, for your employees' sake and to protect the livelihood of your business.

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