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SA Labour Guide
S.A. Labour Guide – Labour Law and Employment manual for 2010 – now AVAILABLE
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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:
- Managing Discipline in the workplace
- Managing Poor Performance
- Retrenchments
- Human Resources
- CCMA
- Employment Equity
- Basic Conditions of Employment: A Practical Explanation
- Compensation for Occupational Injuries and Diseases
- Health and Safety
- Draft Policies
- Acts and Regulations
- Codes of Good Practice
- CCMA Referral Forms
- CCMA Information Sheets
- Sectoral Determinations
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
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The manual will only be available until 28 February 2010.
- Price: R 1890-00 incl. Vat and postage
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 ·
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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
- The chairperson
- The complainant
- The interpreter
- Witnesses
- The secretary
- The respondent
- The respondent's representative
- The appointment of the investigator
Chapter 4: Offences and the Disciplinary Code
- Timekeeping offences
- Negligence, loss or damage to, or misuse of the employer's property
- Insubordination or disorderly or unacceptable behaviour
- Sexual harassment
- Disorderly behaviour
- Alcohol and drugs
- Other Offences
- Other Serious Offences
Chapter 5: The Investigation
Chapter 6: The Investigation continues
- Has a rule been broken?
- Was the rule lawful and fair?
- Did the employee know about the rule
- Did the employer have a reasonable expectation of compliance?
- Did the employee understand the rule?
- What about consistency?
Chapter 7: Sources of evidence
- Eye witnesses
- The accused employee
- Accomplices
- Documentary evidence
- Security guards
- Site inspection
- Customers
- Suppliers
- Sub contractors
Chapter 8: Witness Statements
How to take down statements?
- Time and accuracy
- Contamination of completeness
- Be concise
- Objectivity
- Comprehensibility
- Honesty
- Statements made voluntary
- Language
- Sworn statements or statements taken under oath
- The form of the Statement
Chapter 9: Finalising the investigation and charging the employee
- Application of the procedure
- Objectives
- Terminology
- Charging the employee
- When to hold a formal disciplinary hearing
- The informal disciplinary hearing
- Suspension of the employee
Chapter 10: Preparing for the Disciplinary Hearing
· Final Preparation· Do's and Don'ts for Initiators
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B - MANAGING POOR PERFORMANCE
B1 Managing Poor Performance & Procedures (Guide - 30 pages)
Chapter 1: Distinguishing misconduct from incapacity
- Introduction
- Lack of training, qualifications and experience
- Alcohol or drug addiction
- Outside or social influences
- Work related stress
- Incompatibility
- Procedural and Substantive fairness in dismissal
- A fair procedure encompasses
Chapter 2: Dismissals for Incapacity – Poor Work Performance
- Dismissal while on Probation
- Dismissals for incapacity - Poor work performance – after probation
- Performance assessment and evaluation form for probation
Chapter 3: Incapacity due to ill health or injury
- Dismissal for Incapacity - ill-health or injury
Chapter 4: Performance assessment and evaluation form for poor performance evaluation program
- Flowchart
- Assessment documentation
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
- The real reasons for retrenchment
- The synergy between substantive and procedural fairness
- Changes to terms and conditions of employment and retrenchment
- Economic downfall as a requirement
4. Procedural Requirements
- The consulting parties
- The section 189(3) invitation notice
- The consultation process – meaningful joint consensus seeking process in an attempt to reach consensus
- Relationship between outsourcing and retrenchment
- Deadlock in consultations
- Appropriate measures to avoid dismissals.
- Appropriate measures to minimise the number of dismissals to change the timing of the dismissals and to mitigate the adverse effects of the dismissals
- Voluntary packages
- Suitable alternative employment
- The method for selecting the employees to be dismissed.
- The severance package
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
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D - HUMAN RESOURCES
D1 Managing your Human Resources and General Challenges
(Guide – 227 Pages)
1. How to deal with absenteeism
- The duty of the employee to be at work
- Common Law
- Statute law
- Company Policies, Procedures and Regulations
- Absence from work
- Unrest, violence and strikes
- Deliberate and willful absenteeism
- Desertion
- Absence from overtime work
2. Absenteeism – at what cost?
- Uncontrolled absenteeism
- Warning Signs
- Record-keeping and reviews:
- The Employer's attendance or absenteeism policy
- Salaries – Cost to Company
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
- Unauthorised use of the employer's property
- Assault
- Conflict of interest - unfairly competing with the employer
- Alcohol or drug abuse & drinking on duty
- Fraud
- Insubordination
- Damage to property
- Dishonesty
- Absenteeism, bad attendance or poor timekeeping
- Falsification of records
- Improper conduct
- Incompatibility
- Sexual harassment
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
- Annual leave and shutdown periods
- Annual leave entitlement
- Public holidays falling during a period of annual leave
- When may annual leave be taken?
- Section 20 (4) BCEA (Employer forced to grant leave)
- Annual leave during a period of notice
- Who decides when annual leave can be taken?
- Can I exchange may annual leave for cash?
- Sick leave entitlement
- Medical certificates
- Injury on duty and sick leave
- Maternity leave entitlement
- Accrual of leave during maternity leave
- Family Responsibility leave
- Unpaid leave
- Study Leave
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
- Overtime
- What is "overtime worked"?
- Overtime on short notice
- Remuneration for Sunday and public holiday work
41. Earnings threshold
42. The Earnings Threshold: Discussion Document (Explanatory Notes)
- Employees earning over the threshold amount
43. Unemployment Insurance Fund (UIF) – A comprehensive guide
44. The employment contract: Explanatory notes
45. Employee Status – get it right!
- The 'temp employee: what it should not be
- The Independent Contractor
- A true independent contractor:
- The Fixed Term Contract
- The Employee
- Is there an Employment Relationship?
- Employee vs. Contactor (Also refer to BCEA: Easy to understand)
- Seven factors to determine if a person is an employee or contactor
- Interpreting the definition of an employee
- When does a person becomes an employee?
- Distinguishing between an employee and an independent contractor
- Factors to distinguish a contract of employment (employee) from a contract for services
- The dominant impression test
- Interacting legislation
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)
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E - CCMA
E1 Conducting A Case at the CCMA & Bargaining Council (Guide – 131 pages)
Chapter 1 – The Labour Relations Act – Relevant Chapters
- Defining the employment relationship
- Rights and mutual interest disputes – Jurisdiction
- Unfair dismissal and unfair labour practice disputes
- Schedule 8 – Code of good practice on dismissal
- Unfair Dismissals:
- Automatic Unfair Dismissals
- Disputes about unfair dismissals
- Unfair Labour Practices
- Limits on compensation in the case of unfair dismissals and unfair labour practices
- Retrenchments as a form of dismissal
CHAPTER 2 – DISPUTE PROCEDURES AND PATH IN TERMS OF THE LABOUR RELATIONS ACT
- Referral of disputes in terms of LRA 7.11
- Conciliation
- Con–Arb in terms of CHAPTER 191(5A) – rule 17
- Certificate of outcome - Form 7.12
- Requesting arbitration
- Arbitration
- Pre–dismissal arbitration in terms of CHAPTER 188A
CHAPTER 3 – CCMA RULES AND FORMS
- Applications – Rule 31
- Application for condonation – Rule 12
- Serving and filing of documents
- Calculation of time periods – Rule 3
- Subpoenas and witness fees
- Objections to the same Commissioner and applying for a Senior Commissioner – form 7.14 and 7.15
- Joining or substituting parties – Rule 26
- Taxation of costs
- Objections to jurisdiction
- Representation and appearance during proceedings – Rule 17, 25 and 30
- Settlement at conciliation or arbitrations
- Effect of arbitration awards – CHAPTER 143
- Applications to certify award – Rule 40
- Postponements – rule 23
- Application for costs, cost orders and taxation – Rule 39
- Disclosure of documents – Rule 29
- Recording of proceedings and records – Rule
- Private arbitrations
CHAPTER 4 – ARBITRATION – PREPARATION AND PRESENTATION
- Introduction
- Attending the conciliation meeting
- Preparation for arbitration - planning your case, consultations, collecting information and evidence and preparing witnesses for evidence.
- Procedural fairness
- Substantive fairness
CHAPTER 5 - PRESENTING OR DEFENDING YOUR CASE
- The Role players
- Opening and closing statements
- Evidentiary burden
- Absolution of the instance
- Discussion of sources of evidence, different types of evidence and its admissibility during arbitrations.
- Security guards
- Site inspections or inspection in loco
- Customers and suppliers
- Written statements and affidavits
- Probative material
- Prima facie evidence v conclusive proof
- Admissibility and weight of evidence
- Relevance of evidence
- Character Evidence
- Similar Fact Evidence
- Opinion Evidence
- Expert evidence
- Previous consistent statements
- Hearsay Evidence
- Privileged Evidence
- Illegally obtained evidence
- Direct evidence and circumstantial evidence
- The Cautionary rule
- Admissions
- Confessions
- Polygraph Tests
- Presenting and evaluating evidence
- Consultations during evidence
- Evidence in chief, cross examination and re- examination of witnesses
- Postponements and part heard matters
Chapter 6 – Review – POST SIDUMO
Chapter 7 – Rescissions – Rule 32
Chapter 8 – Check list for preparation for arbitration
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F - EMPLOYMENT EQUITY
F1 Guide to Unfair Discrimination & Affirmative Action (Guide – 71 pages)
Chapter 1
- Introduction to the employment Equity Act
- Application of the employment Equity Act
- Definitions
Chapter 2
- Prohibition of unfair discrimination
- Fair discrimination – two grounds
- Unpacking fair discrimination
- Medical testing
- Psychometric testing
- People with disabilities
- Disputes about unfair discrimination
Chapter 3
- Affirmative action measures
- Consultation
- Matters for consultation
- Collecting information and the analysis
- Employment equity plan
- Report
- Suitably qualified
- General conditions
- Income differentials
- Employment equity commission
- Disputes about chapter 3
- Protection of employee rights
- State contracts
- Temporary employment services
- Liability of employers
- Maximum permissible fines
Chapter 4
- Code of good practice on key aspects of Hiv/aids and employment
- Codes of good practice on the integration of employment equity into human resources policies and practices
- Developing a workforce profile and setting numerical targets for equitable representation
- Consultation
Chapter 5
- Setting up of forums
- Functions in terms of the act and otherwise
- Powers and obligations
- Challenges
G - BASIC CONDITIONS OF EMPLOYMENT
G1 Basic Conditions of Employment – A Practical Explanation (Guide – 100 pages)
Chapter One:
- Definitions, Purpose and Application of This Act
Chapter Two:
- Regulation of Working Time
Chapter 3:
Chapter Four:
- Particulars of Employment and Remuneration
Chapter Five:
- Termination of Employment
Chapter Six:
- Prohibition of Employment of Children and Forced Labour
Chapter Seven:
- Variation of Basic Conditions of Employment
Chapter Eight:
Chapter Nine:
- Employment Conditions Commission
Chapter Ten:
- Monitoring, Enforcement and Legal Proceedings
Chapter Eleven:
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H - COMPENSATION FOR OCCUPATIONAL INJURIES & DISEASES
H1 Compensation for Occupational Injuries & Diseases Act
H2 Comprehensive Guide – COID (Guide - 108 pages)
Chapter 1: Introduction
- Compensation and legislation
- The COIDA
- The compensation fund
- The Compensation Commissioner
- Compensation board
- Aim of the COIDA
Chapter 2: Accidents and occupational disease - right to compensation
- Accidents
- Definition of an accident
- What is an accident?
- On duty
- Travelling to and from work
- Non-scheduled diseases
- Definition of an occupational disease
- Scheduled diseases
- Occupational diseases
Chapter 3: Right to compensation employer obligations
- Who is entitled to receive compensation?
- Employee means
- Employees exclude
- Threats and compulsion
- Dependant of an employee means
Chapter 4: Information applicable to compensation
- Rules for employees involved in accidents outside SA
- Employee temporarily outside - not longer than 12 months
- Employees outside for longer than 12 months
- Application of the Act to seamen and airmen
- Employee requiring constant help
- Special circumstances in which Director-General may refuse award
- Special circumstances in which Director-General may make award
- Accidents during training for or performance of emergency services
Chapter 5: Employers: contributions and registration
- Who contributes to the Fund?
- Employer means
- The following employers are exempted
- Liability for payment of compensation
- Recovery of damages
- Example of the W As 2 form
- Registration of employers
- Mutual Associations
Chapter 6: Assessment fees; return of earnings and rebates
- Assessment Fees
- Calculation of Assessment Fees
- The formula that is used is the following
- Assessment tariffs
- Payments
- Method of payment
- Merit Rebates
- When are employers required to submit their return of earnings?
- Failure to Pay
Chapter 7: Contractors; recovery of damages and compensation paid from third parties
- Contractors
- Letter of good standing
- Recovery of damages and compensation paid from third parties
Chapter 8: Notices; reporting and recording of accidents
- Notice of accidents
- Type of accidents or diseases that must be reported
- Notice of accident by an employee to the employer
- Notice of accident by employer to the commissioner
- Notice of an occupational disease and claim
- Reporting and recording of occupational injuries and diseases under the OHSA
- Procedure for reporting of section 24 incidents
- Employers are obligated to report certain incidents to the Department of Labour
- Record keeping
- Procedure for reporting of Occupational Diseases
- Reporting of Occupational Diseases
Chapter 9: Calculating earnings checklist for compensation problems
- Manner of calculating earnings of an employee
- Earnings exclude
- Earnings include
Chapter 10: Types of compensation that could be claimed
- Type of compensation that may be claimed
- Disablement
- Permanent disability
- Death benefits
- Temporary disability
- Medical expenses and conveyance of injured employee
- Increased compensation
Chapter 11: Repudiation of claims
- When will the fund not make a payment?
- Laps of right to benefit
- Booked of for less than three days
- False statements
- Refusal to submit to medical examination or treatment
- Serious and wilful misconduct
Chapter 12: Legal prescriptions relating to compensation
- Legal rules relating to compensation
- Compensation may not form part of an estate
- Inquiry by the Commissioner into an accident
- Fines and penalties
- Objection against decision of Commissioner
- Penalties
- Notice of formal hearing
- Percentage fine - Failure to pay assessment or other moneys
Chapter 13: Claiming procedure
- Injuries on duty (IOD)
- Claiming procedure for an injury on duty (IOD)
- Payments for Injuries on Duty (IOD)
- Occupational diseases
- Submission of forms
- When to submit a claim for an Occupational Disease
- Claiming procedure for an Occupational Disease
- The types of compensation paid to employees for diseases
Chapter 14: Claims, medical expenses and directions to medical the practitioner/chiropractor/hospital
- Medical examinations
- Medical expenses
- Claims with the compensation fund
- Tariff of Fees in respect of Medical Aid
- The Employee and the Doctor
- Directions to medical practitioner/chiropractor/hospital
Chapter 15: Applicable reports and notices
Chapter 16: Checklists for compensation problems information applicable to compensation
- Checklist for injuries on duty (IOD)
- Checklist for Occupational Diseases
Chapter 17: Reporting, recording and investigation of incidents
- Correct reporting procedures
- Who should conduct the investigations
- Practical application
- Prescribed time frame for formal investigation
- Reporting of Occupational Injuries and Diseases
- Annexure 1 (GAR 9) OHSA
- Reasons for the investigation of incidents
Chapter 18: Poor performance procedures in cases of injuries on duty
- Incapacity: ill health or injury
- Dismissal for incapacity - ill health or injury
- Guidelines in cases of dismissal arising from ill health or injury
Chapter 19: New amendments to the COIDA
H3 Prescribed SchedulesH4 Documentation - Occupational DiseasesH5 Documentation - Injuries on DutyH6 Industry ClassificationsH7 Classes Subclasses and Assessment TariffsH8 Was 178T Standard Rates for Earnings 2009H9 Documentation - Request for Reopening a ClaimH10 W.As.2 - Registration of EmployersH11 Details - Compensation CommissionerH12 Circular InstructionsH13 Basic Guides DoLH14 Documentation - Death of an EmployeeH15 Documentation - Medical AccountsH16 Instruction Regarding Aggravated AsthmaH17 Regulation HIV InstructionH18 Documentation – NIHLH19 WRULDSH20 Dermatological ReportH21 Documentation – PTSAH22 Other Forms
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I - HEALTH & SAFETY
I1 Occupational Health and Safety ActI2 Explaining Health & Safety (Compliance Checklist) (Guide - 54 pages)
Chapter 1: Introduction and aim
- The Aim and Scope of the OHS Act
- The Department of Labour
- Inspections
- Powers of inspectors
- Prohibition notices
- Contravention notices
- Improvement notices
- Other powers
- Important principles
- Checklist 1: Self evaluating checklist on important principles
Chapter 2: Sections of the act
Section 1:
- Significant term and Definitions
- Safety risk assessment
- Checklist 2: Self evaluating checklist on significant terms and definitions
Section 7: Health and safety policy
- Checklist 3: Self evaluating checklist on health and safety policy
Section 8: General duties of employers to their employees
- Checklist 4: Self evaluating checklist general duties of employers to their employees
Section 9: General duties of employers and self employed persons
- Checklist 5: Self evaluating checklist general duties of employers and self employed persons
Section 10: General duties of manufacturers
- Checklist 6: Self evaluating checklist on general duties of manufacturers
Section 13: Duty to inform
- Checklist 7: Self evaluating checklist on duty to inform
Section 14: General duties of employees
- Checklist 8: Self evaluating checklist on general duties of employees
Section 15: Duty not to interfere
- Checklist 9: Self evaluating checklist on duty not to interfere
Section 16: Chief executive officer
- Checklist 10: Self evaluating checklist on Chief executive officer
Section 17: Health and safety representatives
- Checklist 11: Self evaluating checklist on health and safety representatives
Section 18: Functions of health and safety representatives
- Checklist 12: Self evaluating checklist on Functions of health and safety
Section 19: Health and safety committee
- Checklist 13: Self evaluating checklist on Health and safety committee
Section 20: Functions of health and safety committees
- Checklist 14: Self evaluating checklist on functions of health and safety committees
Section 22: Sale of certain articles prohibited
- Checklist 15: Self evaluating checklist on sale of certain articles prohibited
Section 23: Certain deductions prohibited
- Checklist 16: Self evaluating checklist on certain deductions prohibited
Section 24: Reporting to Inspector regarding certain incidents
- Procedure for reporting
- Prescribed documentation
- Checklist 17: Self evaluating checklist on reporting to Inspector regarding certain incidents
Section 25: Report to Chief Inspector regarding occupational diseases
- List of reportable diseases
- List of stress sectors
- Checklist 18: Self evaluating checklist on 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 RegulationsI4 Legal Appointment LettersI5 Sec 37(2) Contractors AgreementI6 H&S PolicyI7 PPE PolicyI8 H&S Rep ChecklistI9 Basic Risk AssessmentI10 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
- Who?
- What?
- When?
- Where?
- Why?
- How?
Chapter 2: Incident Investigation Process
Step1: Investigate the incident
- Initial response
- Collecting the facts
- Physical evidence
- Eyewitness Accounts
- Conducting the interview
- Developing the narrative (sequence of events)
Step2: Indentify the causes of the incident
- Factors that may contribute to incidents
- Determining Causes
Step3: Report the findings
- Analyze the facts
- Write the report
Step4: Take corrective action
- Identify corrective actions
- Corrective actions
- Information obtained
Step 5: Implementation
- Implementation of the recommendations
Step 6: Evaluate effectiveness
- Follow up of corrective measures
I11 General OHS Checklists I12 Symbolic SignsI13 Safety Plan ConstructionI14 Certificate of disposal I15 Basic Safety Rules for the WorkplaceI16 Basic Guides DoL
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J - DRAFT POLICIES
J1 Draft Policies, procedures and contracts of employment
- Absenteeism or Attendance Policy
- Alcohol or Drug Abuse Policy
- Fixed term contract of employment
- HIV & AIDS Policy
- Insubordination Policy
- Maternity & Family Responsibility Leave Policy
- Overtime and the Earnings Threshold
- Permanent Contract of Employment
- Overtime Working & Payment
- Poor Work Performance Procedure
- Sick leave Policy
- Smoking Policy
- Unfair Labour Practice Policy
J2 Examples
- Verbal Warning, written warning, final written warning
- Notice to attend a disciplinary hearing
- Letter of suspension as alternative to dismissal
- Letter of suspension pending investigation
- Easy Employment Equity Plan
- Section 189(3) Invitation Letter - Retrenchment
- Retrenchment Final Letter
- Charges in a formal disciplinary hearing
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 1993K12 Tobacco Products Control Amendment Act (Act 63 of 2008K13 Employment Equity General Regulation 32393 of 14 July 2009K14 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 & employmentL2 Code - Integration of Employment Equity into Human Resources Policies & PracticesL3 Code - Arrangement of Working TimeL4 Code - Employment Equity PlansL5 Code - Key aspects on the employment of People with DisabilitiesL6 Code - Guidelines on DisabilitiesL7 Code - Integration of Employment Equity into HR PoliciesL8 Code – PregnancyL9 Amendment code of good practice on the handling of sexual harassment in the workplace.L10 Code - PicketingL11 Code - Who is an EmployeeL12 Code - DismissalL13 Code - Preparation, Implementation and Monitoring of Employment Equity PlansL14 Code - Dismissals based on operational requirements
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.
M - CCMA REFERRAL FORMS M1 Condonation Application FormM2 Rescission Application FormM3 LRA 3.12: Referring public service jurisdictional disputes for conciliationM4 LRA 3.13: Referring public service jurisdictional disputes for arbitrationM5 LRA 3.23: Application about demarcation disputeM6 LRA 4.1: Request to establish picketing rulesM7 LRA 4.2: Referring disputes for determination as an essential serviceM8 LRA 4.3: Employer applies for maintenance service determinationM9 LRA 4.6: Subpoena by essential services committeeM10 LRA 4.7: Bargaining council request for essential service investigationM11 LRA 4.8: Request for ratification of collective agreement providing for maintenance of minimum servicesM12 LRA 5.1: Representative trade union applies to establish a workplace forumM13 LRA 5.2: Representative trade unions applies to establish a trade - union based workplace forumM14 LRA 7.1: Council applies for accreditationM15 LRA 7.2: Private Agency applies for accreditationM16 LRA 7.5: Council of private agency applies to amend accreditationM17 LRA 7.6: Council applies to renew accreditationM18 LRA 7.7: Private agency applies to renew accreditationM19 LRA 7.9: Private Agency applies for subsidyM20 LRA 7.8: Council applies for subsidyM21 LRA 7.10: Council or private agency applies for renewal of subsidyM22 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 conciliationM24 LRA 7.13: Request for arbitrationM25 LRA 7.14: Notice of objection to arbitration by same commissionerM26 LRA 7.15: Application to appoint senior commissioner to arbitrateM27 LRA 7.16: SubpoenaM28 LRA 7.18: Application to certify CCMA award and writ of executionM29 LRA 7.17: Request for taxationM30 LRA 7.18A: Application to certify council award and writ of executionM31 LRA 7.19: Request for pre-dismissal arbitrationM32 LRA 7.20: Request for section 189A operational requirementsM33 LRA 7.21: Request for advisory award on whether a person is an employee
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.
N - CCMA INFORMATIONAL SHEETS
N1 CCMA Fees and CostsN2 Collective AgreementN3 Compensation CommissionerN4 Con-ArbN5 ConciliationN6 Constructive DismissalN7 DesertionN8 Disciplinary ProceduresN9 DiscriminationN10 Drunkeness on DutyN11 Employment EquityN12 Essential Service DesignationsN13 Employee v Independent ContractorN14 Essential ServicesN15 HarrasmentN16 Ill Health or InjuryN17 Insolvency and TransfersN18 Late referralsN19 LeaveN20 Ministerial DeterminationN21 MisconductN22 Pensions Fund AdjudicatorN23 Poor Work PerformanceN24 Polygraph TestingN25 Pre-dismissal ArbitrationN26 ProbationN27 Promotion to Access to Information ActN28 Rescission and ReviewN29 RetrenchmentN30 Sectoral DeterminationsN31 Skills DevelopmentN32 Termination of EmploymentN33 Transfer of contractsN34 Unfair Dismissals and Unfair Labour PracticesN35 Unilateral ChangesN36 What is ArbitrationN37 Working TimesN38 Workplace ForumsN39 Written Particulars of Employment
O - SECTORAL DETERMINATIONS
O1 Sectoral Determination 1: Contract Cleaning Sector02 Sectoral Determination 6: Private Security Sector03 Sectoral Determination 7: Domestic Workers04 Sectoral Determination: 9: Wholesale and retail sector05 Sectoral Determination 8: Farm Workers06 Sectoral Determination 14: Hospitality Sector
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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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