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SA Labour Guide S.A. Labour Guide – Labour Law and Employment manual for 2010 – now AVAILABLE Click here to download order form We have received literally hundreds of enquiries asking whether or not we are producing a Labour Law, Employment and Health and Safety Manual for 2010. Due to the heavy demand, we have decided to once again publish the S.A. Labour Guide Labour Law, Employment and Health and Safety Manual for 2010. This year we present a new issue of the extremely popular Manual in CD format. We are therefore this year publishing a new issue of the extremely popular Manual on CD, containing the following folders:
The manual will only be available until 28 February 2010 – place your order now. Price: R 1890-00 incl. Vat and postage To secure your copy, complete the online form or complete the order form on our website and e-mail it to renier@labourguide.co.za or deidre@labourguide.co.za The manual will only be available until 28 February 2010.
For more information contact: · Renier/ Deidre on (012) 666 8284 · Magda/ Peraldo on (012) 661 3208 · Fax (012) 666 8264 or (012) 661 1411 or fax to email 086 547 2636 · deidre@labourguide.co.za; renier@labourguide.co.za; peraldo@labourguide.co.zaClick here to download order form
TABLE OF CONTENTS
SECTIONS: A - MANAGING DISCIPLINE IN THE WORKPLACE A1 Managing Discipline in the Workplace Guide (Guide - 136 pages) Chapter 1: The Code of Good Practice – Dismissal Chapter 2: Defining Dismissal and Fair Procedure Prior to Disciplinary Action Chapter 3: The Role Players in the Disciplinary Process
Chapter 4: Offences and the Disciplinary Code
Chapter 5: The Investigation
Chapter 6: The Investigation continues
Chapter 7: Sources of evidence
Chapter 8: Witness Statements How to take down statements?
Chapter 9: Finalising the investigation and charging the employee
Chapter 10: Preparing for the Disciplinary Hearing · Final Preparation · Do’s and Don’ts for InitiatorsClick here to download order form B1 Managing Poor Performance & Procedures (Guide - 30 pages) Chapter 1: Distinguishing misconduct from incapacity
Chapter 2: Dismissals for Incapacity – Poor Work Performance
Chapter 3: Incapacity due to ill health or injury
Chapter 4: Performance assessment and evaluation form for poor performance evaluation program
C - RETRENCEMENTS C1 Retrenchment Guide (Guide - 60 pages) Chapter 1 – Retrenchment in terms of section 189 of the Labour Relations Act 66 of 1995 1. Introduction 2. The Code of Good Practice on Dismissals based on Operational requirements 3. ETSOS – The substantive requirement
4. Procedural Requirements
5. Disclosure of information 6. Time frame for consultations 7. Remedies and jurisdiction of the labour court and the CCMA. 8. Re-employment after dismissal 9. Single employee dismissals for operational requirements Chapter: 2 Retrenchment in terms of section 189a of the Labour Relations Act 66 of 1995 1. When does the section apply? 2. Procedure in terms of section 189A - The role of the Commission 4. If a facilitator has been appointed (section 189A (7)) 5. If a facilitator is not appointed (section 189A (8)) 6. Strikes for the purpose of section 189A 7. Unfair procedure disputes in terms of section 189A (13) v disputes about substantive fairness 8. General terms 9. Pitfalls Click here to download order form D - HUMAN RESOURCES D1 Managing your Human Resources and General Challenges (Guide – 227 Pages) 1. How to deal with absenteeism
2. Absenteeism – at what cost?
3. Abuse of sick leave, unauthorised absenteeism, abscondment and desertion 4. Insubordination vs. Misconduct 5. How to deal with Insubordination 6. Job Descriptions & Extra duties 7. The importance of investigating allegations of misconduct in the workplace – or outside the workplace 8. The importance of having properly trained chairpersons and chairing disciplinary in a fair and consistent manner 9. The minimum requirements for a fair disciplinary hearing 10. Specific types of misconduct
11. Grievance Procedure 12. Guideline on holding suspensions and discussion 13. Suspension pending disciplinary hearings and Suspension as a penalty during disciplinary hearings 14. Dishonest job applications 15. Warnings 16. Theft – the requirements for dismissal 17. Polygraph testing – What to do? Can you send all your employees for a polygraph test? 18. Guideline for employers on polygraph testing 19. The Payment of Bonuses 20. Re-locating the business: What about the employees 21. Medical Certificates – What constitutes a 'valid' medical certificate? 22. Medical Certificates- Validity of a medical certificate as evidence 23. Unilateral changes to terms and conditions of employment 24. Company dress codes 25. Office gossip can land you in the compost heap 26. Alcoholism and the workplace 27. Leave: A Comprehensive Guide
28. Sick leave: Overview 29. Proof of Incapacity 30. The payment of annual leave on termination of service 31. Leave Entitlement: Explanatory Notes 32. Unfair discrimination – pregnancy 33. Religious Holidays 34. Resignation before Disciplinary action 35. Termination of fixed term contracts 36. 24-hour notices 37. Public holidays – useful information 38. Public holidays – Two holidays or one? 39. Public holidays that falls on Sundays 40. Hours of Work and Overtime
41. Earnings threshold 42. The Earnings Threshold: Discussion Document (Explanatory Notes)
43. Unemployment Insurance Fund (UIF) – A comprehensive guide 44. The employment contract: Explanatory notes 45. Employee Status – get it right!
46. Unilateral changes to terms and conditions of employment 47. Unjustified exclusion means unfair discrimination 48. Smoking in the workplace– Including the smoke of the “ecigarette”. 49. The "Balance of Probability" 50. Frequently asked questions and answers: The Basic Conditions of Employment Act. (BCEA) Click here to download order form E - CCMA E1 Conducting A Case at the CCMA & Bargaining Council (Guide – 131 pages) Chapter 1 – The Labour Relations Act – Relevant Chapters
CHAPTER 2 – DISPUTE PROCEDURES AND PATH IN TERMS OF THE LABOUR RELATIONS ACT
CHAPTER 3 – CCMA RULES AND FORMS
CHAPTER 4 – ARBITRATION – PREPARATION AND PRESENTATION
CHAPTER 5 - PRESENTING OR DEFENDING YOUR CASE
Chapter 6 – Review – POST SIDUMO Chapter 7 – Rescissions – Rule 32 Chapter 8 – Check list for preparation for arbitration Click here to download order form F - EMPLOYMENT EQUITY F1 Guide to Unfair Discrimination & Affirmative Action (Guide – 71 pages) Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
G - BASIC CONDITIONS OF EMPLOYMENT G1 Basic Conditions of Employment – A Practical Explanation (Guide – 100 pages) Chapter One:
Chapter Two:
Chapter 3:
Chapter Four:
Chapter Five:
Chapter Six:
Chapter Seven:
Chapter Eight:
Chapter Nine:
Chapter Ten:
Chapter Eleven:
Click here to download order form H - COMPENSATION FOR OCCUPATIONAL INJURIES & DISEASES H1 Compensation for Occupational Injuries & Diseases Act H2 Comprehensive Guide – COID (Guide - 108 pages) Chapter 1: Introduction
Chapter 2: Accidents and occupational disease - right to compensation
Chapter 3: Right to compensation employer obligations
Chapter 4: Information applicable to compensation
Chapter 5: Employers: contributions and registration
Chapter 6: Assessment fees; return of earnings and rebates
Chapter 7: Contractors; recovery of damages and compensation paid from third parties
Chapter 8: Notices; reporting and recording of accidents
Chapter 9: Calculating earnings checklist for compensation problems
Chapter 10: Types of compensation that could be claimed
Chapter 11: Repudiation of claims
Chapter 12: Legal prescriptions relating to compensation
Chapter 13: Claiming procedure
Chapter 14: Claims, medical expenses and directions to medical the practitioner/chiropractor/hospital
Chapter 15: Applicable reports and notices
Chapter 16: Checklists for compensation problems information applicable to compensation
Chapter 17: Reporting, recording and investigation of incidents
Chapter 18: Poor performance procedures in cases of injuries on duty
Chapter 19: New amendments to the COIDA H3 Prescribed Schedules H4 Documentation - Occupational Diseases H5 Documentation - Injuries on Duty H6 Industry Classifications H7 Classes Subclasses and Assessment Tariffs H8 Was 178T Standard Rates for Earnings 2009 H9 Documentation - Request for Reopening a Claim H10 W.As.2 - Registration of Employers H11 Details - Compensation Commissioner H12 Circular Instructions H13 Basic Guides DoL H14 Documentation - Death of an Employee H15 Documentation - Medical Accounts H16 Instruction Regarding Aggravated Asthma H17 Regulation HIV Instruction H18 Documentation – NIHL H19 WRULDS H20 Dermatological Report H21 Documentation – PTSA H22 Other FormsClick here to download order form I - HEALTH & SAFETY I1 Occupational Health and Safety Act I2 Explaining Health & Safety (Compliance Checklist) (Guide - 54 pages) Chapter 1: Introduction and aim
Chapter 2: Sections of the act Section 1:
Section 7: Health and safety policy
Section 8: General duties of employers to their employees
Section 9: General duties of employers and self employed persons
Section 10: General duties of manufacturers
Section 13: Duty to inform
Section 14: General duties of employees
Section 15: Duty not to interfere
Section 16: Chief executive officer
Section 17: Health and safety representatives
Section 18: Functions of health and safety representatives
Section 19: Health and safety committee
Section 20: Functions of health and safety committees
Section 22: Sale of certain articles prohibited
Section 23: Certain deductions prohibited
Section 24: Reporting to Inspector regarding certain incidents
Section 25: Report to Chief Inspector regarding occupational diseases
Section 37: Acts or omissions Section 38: Offences and penalties Section 39: Proof of certain facts I3 20 sets of OHS Regulations I4 Legal Appointment Letters I5 Sec 37(2) Contractors Agreement I6 H&S Policy I7 PPE Policy I8 H&S Rep Checklist I9 Basic Risk Assessment I10 Incident/ Accident Investigation Guide (Guide - 22 pages)Chapter 1 a) Type of workplace incidents b) Who should conduct the investigations? c) Prescribed time frame for formal investigation d) Reporting of Occupational Injuries and Diseases e) Correct reporting procedures f) Proper recording of incidents g) The six key questions
Chapter 2: Incident Investigation Process Step1: Investigate the incident
Step2: Indentify the causes of the incident
Step3: Report the findings
Step4: Take corrective action
Step 5: Implementation
Step 6: Evaluate effectiveness
Click here to download order form J - DRAFT POLICIES J1 Draft Policies, procedures and contracts of employment
J2 Examples
The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour. K - ACTS & REGULATIONS K1 Basic Conditions of Employment Act (Act 75 of 1997) K2 Compensation for Occupational Injuries & Diseases Act (Act 130 of 1993) K3 Employment Equity Act (Act 55 of 1998) K4 Labour Relations Act (Act 66 of 1995) K5 National Credit Act (Act 34 of 2005) K6 Occupational Health & Safety Act (Act 85 of 1993) K7 Skills Development Act (97 of 1998 Act) K8 Skills Development Levies Act (Act of 1999) K9 Unemployment Insurance fund Act (2001) K10 Unemployment Insurance Contributions Act (Act 4 of 2002) K11 Tobacco Products Control Act (Act 83 of 1993 K12 Tobacco Products Control Amendment Act (Act 63 of 2008 K13 Employment Equity General Regulation 32393 of 14 July 2009 K14 Protected Disclosures Act (Act 26 of 2006) K15 Summary of Protected Disclosures Act (Act 26 of 2006)The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour. L - CODES OF GOOD PRACTICE L1 Code - Key aspects on HIV/AIDS & employment L2 Code - Integration of Employment Equity into Human Resources Policies & Practices L3 Code - Arrangement of Working Time L4 Code - Employment Equity Plans L5 Code - Key aspects on the employment of People with Disabilities L6 Code - Guidelines on Disabilities L7 Code - Integration of Employment Equity into HR Policies L8 Code – Pregnancy L9 Amendment code of good practice on the handling of sexual harassment in the workplace. L10 Code - Picketing L11 Code - Who is an Employee L12 Code - Dismissal L13 Code - Preparation, Implementation and Monitoring of Employment Equity Plans L14 Code - Dismissals based on operational requirementsThe Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour. M - CCMA REFERRAL FORMS M1 Condonation Application Form M2 Rescission Application Form M3 LRA 3.12: Referring public service jurisdictional disputes for conciliation M4 LRA 3.13: Referring public service jurisdictional disputes for arbitration M5 LRA 3.23: Application about demarcation dispute M6 LRA 4.1: Request to establish picketing rules M7 LRA 4.2: Referring disputes for determination as an essential service M8 LRA 4.3: Employer applies for maintenance service determination M9 LRA 4.6: Subpoena by essential services committee M10 LRA 4.7: Bargaining council request for essential service investigation M11 LRA 4.8: Request for ratification of collective agreement providing for maintenance of minimum services M12 LRA 5.1: Representative trade union applies to establish a workplace forum M13 LRA 5.2: Representative trade unions applies to establish a trade - union based workplace forum M14 LRA 7.1: Council applies for accreditation M15 LRA 7.2: Private Agency applies for accreditation M16 LRA 7.5: Council of private agency applies to amend accreditation M17 LRA 7.6: Council applies to renew accreditation M18 LRA 7.7: Private agency applies to renew accreditation M19 LRA 7.9: Private Agency applies for subsidy M20 LRA 7.8: Council applies for subsidy M21 LRA 7.10: Council or private agency applies for renewal of subsidy M22 LRA 7.11: Referring a dispute to the CCMA for conciliation (including con-arb) M23 LRA 7.12: Certificate of outcome of dispute referred to conciliation M24 LRA 7.13: Request for arbitration M25 LRA 7.14: Notice of objection to arbitration by same commissioner M26 LRA 7.15: Application to appoint senior commissioner to arbitrate M27 LRA 7.16: Subpoena M28 LRA 7.18: Application to certify CCMA award and writ of execution M29 LRA 7.17: Request for taxation M30 LRA 7.18A: Application to certify council award and writ of execution M31 LRA 7.19: Request for pre-dismissal arbitration M32 LRA 7.20: Request for section 189A operational requirements M33 LRA 7.21: Request for advisory award on whether a person is an employeeThe Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour. N - CCMA INFORMATIONAL SHEETS N1 CCMA Fees and Costs N2 Collective Agreement N3 Compensation Commissioner N4 Con-Arb N5 Conciliation N6 Constructive Dismissal N7 Desertion N8 Disciplinary Procedures N9 Discrimination N10 Drunkeness on Duty N11 Employment Equity N12 Essential Service Designations N13 Employee v Independent Contractor N14 Essential Services N15 Harrasment N16 Ill Health or Injury N17 Insolvency and Transfers N18 Late referrals N19 Leave N20 Ministerial Determination N21 Misconduct N22 Pensions Fund Adjudicator N23 Poor Work Performance N24 Polygraph Testing N25 Pre-dismissal Arbitration N26 Probation N27 Promotion to Access to Information Act N28 Rescission and Review N29 Retrenchment N30 Sectoral Determinations N31 Skills Development N32 Termination of Employment N33 Transfer of contracts N34 Unfair Dismissals and Unfair Labour Practices N35 Unilateral Changes N36 What is Arbitration N37 Working Times N38 Workplace Forums N39 Written Particulars of EmploymentO - SECTORAL DETERMINATIONS O1 Sectoral Determination 1: Contract Cleaning Sector 02 Sectoral Determination 6: Private Security Sector 03 Sectoral Determination 7: Domestic Workers 04 Sectoral Determination: 9: Wholesale and retail sector 05 Sectoral Determination 8: Farm Workers 06 Sectoral Determination 14: Hospitality Sector
Click here to download order form
The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour.
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Contact
numbers: (Training courses, seminars and conferences only)
Pretoria (012) 661 3208, Fax (012) 661 1411
The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za |