Conditions of Employment

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Table of Contents

Part A -Workplace Discipline and Dismissal

Part B - The Commission for Conciliation, Mediation and Arbitration (CCMA) and Bargaining Councils

Part C: Employment Equity

Part D: Equal Pay/ Remuneration for Work of Equal Value

Part E: Basic Conditions of Employment 

Part F: Human Resources and Common Workplace Challenges 

Part G: Retrenchments 

Part H: Trade Unions 

Part I: Draft Policies & Procedures

Part J: Occupational Injuries and Diseases

Part K: Occupational Health and Safety

 

  

Part A

Workplace Discipline and Dismissal

Table of Contents

Module 1: Introduction

Module 2: What is a dismissal?

  • Definition
  • Unlawful and unfair dismissals

Module 3: The Code of Good Practice on dismissal

  • Introduction
  • Fair reasons for dismissal
  • Disciplinary measures short of dismissal
  • Fair procedure
  • Disciplinary records
  • Dismissals and industrial action
  • Guidelines in cases of dismissal for misconduct
  • Probation
  • Guidelines in cases of dismissal for poor work performance
  • Incapacity: Ill health and injury
  • Guidelines in cases of dismissal arising from ill health or injury

Module 4: Unfair dismissals

  • Unlawful and unfair dismissals
  • Relationship between substantive and procedural fairness
  • A matter of substance

Module 5: Dismissal for misconduct

  • Introduction
  • Guidelines in cases of dismissal for misconduct: Item 7 of the Code
  • Is there a rule?
  • Was the employee aware of the rule?
  • Did the employee contravene the rule?
  • Is the rule or standard a valid or reasonable rule or standard?
  • Was dismissal an appropriate sanction?

 

Module 6: Fair procedure

  • Introduction
  • The right to be informed of the charges
  • The hearing must not be unreasonably delayed
  • The right to a proper opportunity to prepare
  • The employee’s right to be heard and to present a defense
  • The right to be fairly judged
  • Changing the finding of the chairperson on appeal
  • Double jeopardy

Module 7: Substantive fairness

Introduction: substantive fairness

  • Breach of rule
  • Legitimacy of rule
  • Knowledge of rule
  • Consistency
  • Appropriate sanction

Module 8: Specific types of misconduct

  • Introduction.
  • Derivative misconduct
  • Misconduct outside the workplace
  • Absence without leave or permission
  • Abusive language and racist remarks
  • Abuse of sick leave
  • Assault
  • Competing with the employer / conflict of interest
  • Damage to property
  • Negligence
  • Disclosing confidential information
  • Dishonesty
  • Alcohol and drugs
  • The charge
  • Policies and disciplinary codes
  • The contract of employment
  • Falsification
  • Fraud
  • Bringing the employer’s name into disrepute
  • Insolence/insubordination
  • Refusal to work overtime
  • Sexual harassment
  • Sleeping on duty
  • Theft/ unauthorised possession

 

Module 9: Procedural fairness: identify the offence

  • First step - the accused person is an employee of the company
  • Second step - the complaint
  • Third step – disciplinary action
  • May an employer cure procedural defects after the dismissal?

Module 10: Procedural fairness - witness statements

  • How to take down statements?
  • Contamination and completeness

Module 11: Procedural fairness - formulating the charges

  • Deciding on the charges
  • Duplication or splitting of charges
  • When to hold a formal disciplinary hearing?
  • Suspension of the Employee

Module 12: Procedural fairness- notifying the employee

  • The investigation
  • Charging the employee
  • The Disciplinary Hearing
  • Conduct of the Chairperson and Bias
  • Schedule 8

Module 13: Preparing for the disciplinary hearing

  • Final preparation
  • Do’s and don’ts for initiators
  • Must the Police be involved?

Module 14: The disciplinary hearing - role players

  • Who does what?
  • The initiator
  • The appointment of the investigator

 

Module 15: Evidence and findings in disciplinary hearings

  • Leading and testing evidence and versions
  • The opening statement
  • Evidence in chief
  • Cross-examination
  • Re-examination
  • Written statements

Module 16: Evaluating evidence

 

Module 17: Evaluating evidence and making a finding

  • Evidentiary burden
  • Evidence: sources, types and admissibility
  • Site inspections or inspection in loco
  • Customers and suppliers
  • Written statements and affidavits
  • Probative material
  • 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 and circumstantial evidence
  • Entrapment
  • The cautionary rule
  • Admissions
  • Confessions
  • Polygraph tests

Module 18: Finalising the disciplinary hearing and the appeal
  • The reconvening of the hearing
  • Sanctions available
  • Dismissal for misconduct

 

Module 19: Electing a chairperson

Module 20: A step-by-step Checklist for Disciplinary Hearing Chairpersons

  • Labour Relations Act 66 of 1995
  • Labour Relations Amendment Act 6 of 2014
  • Code of Good Practice: Who is an Employee


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 Part B

The Commission for Conciliation, Mediation and Arbitration (CCMA) and Bargaining Councils

Table of Contents

Module 1: Functions, jurisdiction and powers of the CCMA/ Bargaining Councils

  • The CCMA
  • Functions
  • Jurisdiction
  • Bargaining Councils

Module 2: The dispute resolution process

  • Automatically unfair dismissals
  • Misconduct and incapacity dismissals
  • Operational requirements dismissals
  • Unfair labour practice

Module 3: Serving and filing documents

  • How to calculate time periods
  • How to serve and file documents
  • How to apply for condonation for documents delivered late

Module 4 : Conciliation

  • How to refer a dispute to the CCMA
  • Date of dismissal
  • What notice must be given of the conciliation meeting?
  • Representation
  • What happens if a party fails to attend or is not represented at conciliation?
  • Functions and obligations of the commissioner at conciliation
  • Conciliation proceedings may not be disclosed
  • How to determine whether a commissioner may conciliate a dispute
  • Methods that commissioners use to break a deadlock
  • The certificate of outcome

 

Module 5: Con-arb

  • What is a con-arb?
  • What notice must be given of a con-arb hearing?
  • How to object against a con-arb?
  • The procedure which is to be followed when there is an objection
  • The procedure to be followed when there is no objection.

 

Module 6: Arbitration

  • What is the nature of an arbitration and when may an arbitration be conducted?
  • How does a party request the CCMA to arbitrate a dispute?
  • What notice must be given of the arbitration hearing?
  • How to postpone an arbitration

 

Module 7: The pre-arbitration conference

  • What should be considered at a pre-arbitration conference
  • When should a pre-arbitration conference be held?Gathering of information

 

Module 8: Other procedures

  • How to join or substitute parties to proceedings
  • How to correct the citation of a party
  • When the Commissioner may consolidate disputes
  • How to have a subpoena issued
  • Expert witnesses
  • Witness fees and travel and subsistence expenses
  • Cost orders in an arbitration

Module 9: Preparing for arbitration

  • Determine the onus of proof
  • Consider the evidence: types and admissibility.
  • Identify and preparing your witnesses
  • Examine the merits of your case
  • Preparing a bundle of documents

 

Module 10: Arbitration – presenting your case

  • Representation
  • Settlement agreements
  • Preliminary and interlocutory applications
  • Narrowing the issues in dispute
  • Opening statements
  • Evidence-in-chief/examination-in-chief .
  • Cross-examination
  • Re-examination
  • How to deal with the hostile witness
  • Closing arguments

 

Module 11: Rescissions and variations

  • Rescissions and variations
  • How to apply for a rescission of the award or ruling

 

Module 12: Enforcement of settlement agreements and arbitration awards

  • Guidelines on Misconduct Arbitrations
  • Tariff of Fees
  • Rules for the Conduct of Proceedings before the Commission for Conciliation
  • Mediation and Arbitration (CCMA)
  • Commission for Conciliation Mediation and Arbitration (CCMA): Code of Conduct for Commissioners
  • Section 14 Manual for the Commission for Conciliation, Mediation and Arbitration
  • Referral Forms
  • Regional Offices of the CCMA
  • Addresses of the Department of Labour
  • Bargaining Councils Accredited to Conduct Conciliations and Arbitrations
  • Registered Private Sector Bargaining Councils

 

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Part C

Employment Equity

 

Table of Contents

Module 1: Overview of the Employment Equity Act

  • Understanding the Employment Equity Act
  • Definitions, purpose, interpretation and application of the Employment Equity Act

 

Module 2: Prohibition of unfair discrimination

  • Understanding unfair discrimination
  • Differentiation / discrimination
  • Unfair / fair discrimination
  • Direct and indirect discrimination
  • Discrimination “based on” one or more prohibited grounds
  • Grounds of discrimination
  • Jurisdiction of the CCMA
  • Employment applicants, job analysis and inherent requirements of the job
  • Discrimination in employment policies and practices
  • Medical testing
  • HIV testing
  • Voluntary/anonymous testing
  • Drug and alcohol testing
  • Psychometric testing

 

Module 3: Employment Equity and Affirmative Action

  • Understanding affirmative action
  • The duties of designated employers and voluntary compliance
  • The requirements of disclosure of information
  • Employment Equity Plans: duty to inform and the requirements for keeping records

 

Module 4: The Employment Equity Committee: roles and functions

  • Consultation
  • Quantitative analysis: snapshot of the workforce profile
  • Benchmarking best practices
  • Monitoring
  • Frequency and content of committee meetings


Module 5: Analysis

  • Employment Equity Act 55 OF 1998
  • Employment Equity Amendment Act 47 of 2013
  • Employment Equity ACT 55 OF 1998: Repeal Of Employment Equity Regulations
  • Summary of the Employment Equity Act 55 of 1998 as Amended Issued in Terms of Section 25 (1)
  • Code of Good Practice: Preparation, Implementation and Monitoring of Employment Equity Plans
  • Code of Good Practice on the Employment of People with disabilities
  • Code of Good Practice on Key Aspects of HIV/ Aids and Employment
  • Code of Good Practice on the Integration of Employment Equity into
  • Human Resource Policies and Practices

 

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Part D

Equal Pay/ Remuneration for Work of Equal Value

 

Table of Contents

Module 1: Introduction to the Code of Good Practice on equal pay/remuneration for work of equal value

  • Introduction
  • Glossary of legal terms, words & phrases

Module 2: Objectives, scope and legal principles

  • Objectives
  • Scope
  • Legal framework and principles
  • Compliance with the Constitution and the International Labour Organisation (ILO) Equal Remuneration Convention

Module 3: Eliminating Unfair Discrimination in respect of Pay/Remuneration

  • Eliminating unfair discrimination
  • Eliminating unfair discrimination in respect of pay/remuneration
  • Discrimination on an arbitrary ground
  • Remuneration: what constitutes pay?
  • Equal pay for work of equal value criteria
  • Meaning of work of equal value
  • Work that is the same
  • Work that is substantially the same
  • Work that is of the same value .
  • Determining equal value claims

 

Module 5: Evaluating jobs

  • The requirement of an objective assessment of actual duties

 

Module 6: Job Analysis and Job Descriptions

  • Scope
  • Impact on Employment Equity
  • Policy and Practice
  • Assessing whether work is of equal value
  • Work of equal value as assessed by the employer
  • The principle of consistent criteria under comparable circumstances
  • Factors justifying differentiation in pay/remuneration

Evaluating jobs for the purpose of equal pay for work of equal value

Comparing and evaluating male- and female-dominated jobs

 

Module 7: Exercise

Module 8: Revisiting HR Policies and Practices

Module 9: Case Law

  • Practical analysis of current and previous case law
  • Mangena & others v Fila South Africa (Pty) Ltd & others [2009] 12 BLLR 1224 (LC)
  • Louw v Golden Arrow Bus Services (Pty) Ltd [2000] 3 BLLR 311 (LC

 

Code of Good Practice on Equal Pay/ Remuneration for Work of Equal Value


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 Part E

Basic Conditions of Employment

 

Table of Contents

Part 1: Regular and popular concerns within the BCEA

Module 1: The payment of bonuses

Module 2: The earnings threshold - explanatory notes

Module 3: Hours of work and overtime

  • Overtime
  • Overtime in practice

 

Module 4: Religious holidays

Module 5: Public holidays – useful information

Module 6: Public holidays – two holidays or one

Module 7: Public holidays that fall on Sundays

Module 8: Leave: A comprehensive guide

  • Annual leave
  • Easy Guide to Annual leave

Module 9: Sick leave

Module 10: Maternity leave

Module 11: Family responsibility leave

Module 12: Unpaid leave

Module 13: Study leave

Module 14: Proof of incapacity

Module 15: Medical certificates – what constitutes a 'valid' medical certificate?

Module 16: Medical certificates – validity of a medical certificate as evidence

Module 17: Payment of annual leave on termination of service

 

Part 2: Basic Conditions of Employment – A Practical Explanation

 

Module 1: Conditions of employment

 

Chapter 1: Definitions, purpose and application of the Act

Section 1: Definitions

Section 2: Purpose of the Act

Section 3: Application of this Act

Section 4: Inclusion of provisions in contracts of employment

Section 5: This Act not affected by agreements

 

Chapter 2: Regulation of working time

Section 6: Application of this chapter

Section 7: Regulation of working time

Section 8: Interpretation of day

Section 9: Ordinary hours of work

Section 10: Overtime

Section 11: Compressed working week

Section 12: Averaging of hours of work

Section 13: Determination of hours of work by Minister

Section 14: Meal intervals

Section 15: Daily and weekly rest period

Section 16: Pay for work on Sundays

Section 17: Night work

Section 18: Public holidays

 

Chapter 3: Leave

Section 19: Application of this chapter

Section 20: Annual leave

Section 21: Pay for annual leave

Section 22: Sick leave

Section 23: Proof of incapacity

Section 24: Application to occupational accidents or diseases

Section 25: Maternity leave

Section 26: Protection of employees before and after birth of a child

Section 27: Family responsibility leave

 

Chapter 4: Particulars of employment and remuneration

Section 28: Application of this Chapter

Section 29: Written particulars of employment

Section 30: Informing employees of their rights

Section 31: Keeping of records

Section 32: Payment of remuneration

Section 33: Information about remuneration

Section 34: Deductions and other acts concerning remuneration

Section 34A: Payment of contributions to benefit funds

Section 35: Calculation of remuneration and wages

 

Chapter 5: Termination of employment

Section 36: Application of this Chapter

Section 37: Notice of termination of employment

Section 38: Payment instead of notice

Section 39: Employees in accommodation provided by employers

Section 40: Payments on termination

Section 41: Severance pay

Section 42: Certificate of service

 

Chapter 6: Prohibition of employment of children and forced labour (overview)

Section 43: Prohibition of employment of children

Section 44: Employment of children of 15 years or older

Section 45: Medical examinations

Section 46: Prohibitions

Section 47: Evidence of age

Section 48: Prohibition of forced labour

 

Chapter 7: Variation of basic conditions of employment (overview)

Section 49: Variation by agreement

Section 50: Variation by Minister

 

Chapter 8: Sectoral determinations (overview)

Section 51: Sectoral determination

Section 52: Investigation

Section 53: Conduct of investigation

Section 54: Preparation of report

Section 55: Making of sectoral determination

Section 56: Period of operation of sectoral determination

Section 57: Legal effect of sectoral determination

Section 58: Employer to keep a copy of sectoral determination

 

Chapter 9: Employment Conditions Commission (overview)

Section 59: Establishment and functions of Employment Conditions Commission

Section 60: Composition of Commission

Section 61: Public hearings

Section 62: Report by Commission

 

Chapter 10: Monitoring, enforcement and legal proceedings (overview)

Section 63: Appointment of labour inspectors

Section 64: Functions of labour inspectors

Section 65: Powers of entry

Section 66: Powers to question and inspect

Section 67: Co-operation with labour inspectors

Section 68: Securing an undertaking

Section 69: Compliance Order

Section 70: Limitations

Section 71: Objections to compliance order

Section 72: Appeals from order of Director-General [REPEALED]

Section 73: Order may be made order of Labour Court

Section 74: Consolidation of proceedings

Section 75: Payment of interest

Section 76: Proof of compliance

Section 77: Jurisdiction of Labour Court

Section 78: Rights of employees

Section 79: Protection of rights

Section 80: Procedure for disputes

Section 81: Burden of proof

 

Chapter 11: General (overview)

Section 82: Temporary employment services

Section 83: Deeming of persons as employees

Section 83A: Presumption as to who is employee

Section 84: Duration of employment

Section 85: Delegation

Section 86: Regulations

Section 87: Codes of Good Practice

Section 88: Minister's power to add and change footnotes.

Section 89: Representation of employees or employers

Section 90: Confidentiality

Section 91: Answers not to be used in criminal prosecutions

Section 92: Obstruction, undue influence and fraud.

Section 93: Penalties

Section 94: This Act binds the State

Section 95: Transitional arrangements and amendment and repeal of laws

Section 96: Short title and commencement

 

  • Basic Conditions of Employment Act
  • Summary to be kept in Terms of Section 30
  • Determination: Earnings Threshold
  • Sectoral Determination 1: Contract Cleaning Sector
  • Sectoral Determination 5: Learnerships.
  • Sectoral Determination 6: Private Security Sector
  • Sectoral Determination 7: Domestic Worker Sector
  • Sectoral Determination: 9 Wholesale and Retail Sector
  • Sectoral Determination 11: Taxi Sector
  • Sectoral Determination 13: Farm Worker Sector
  • Sectoral Determination 14: Hospitality Sector
  • Code of Good Practice on the Arrangement of Working Time
  • Code of Good Practice on the Protection of Employees during Pregnancy and After the Birth of a Child Code of Good Practice for the Employment of Children in the Performance of Advertising, Artistic or Cultural Activities
  • Code of Good Practice for Employment and Conditions of Work for Expanded Public Works Programmes

 

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Part F

Human Resources and Common Workplace Challenges

 

Table of Contents

Module 1: Disclosure of information at interviews

Disclosure of information at interviews

  • Verification of job applicants’ personal information

 

Module 2: Employee status – Employee or independent contractor?

  • Section 29 of the Basic Conditions of Employment Act
  • The definitions of “contract of employment” and “employee”
  • What is an Independent Contractor?
  • Employee or independent contractor
  • Locum – Employee or Independent Contractor?

 

Module 3: The contract of employment

  • Section 198B of the Labour Relations Act and section 29 of the Basic Conditions of employment Act
  • What should be agreed to in the contract?
  • Termination of the employment contract
  • Example of a Fixed Term Contract
  • Example of a Permanent Contract of Employment

 

Module 4: Job Descriptions and Additional Duties

Module 5: Employee and employer rights

  • Employees have the following rights
  • Employee Rights – Basic Conditions of Employment Act
  • Employer rights

 

Module 6: Breach of the employment contract

  • Forms of breach
  • Remedies of the employer
  • Remedies of the employee

 

Module 7: Probation

  • The contract
  • Poor work performance during probation9
  • Dismissal during probation

 

Module 8: “Fixed Term” and “Casual” Employees

  • Fixed term contracts
  • The right of expectation
  • Expectation of permanent employment
  • Termination of fixed term contracts
  • Unjustified exclusion means unfair discrimination
  • Part time employment

 

Module 9: Unsigned employment contracts, what to do

  • Unsigned employment contracts; what to do?

 

Module 10: Unilateral changes to terms and conditions of employment

  • Unilateral changes to terms and conditions of employment

 

 

Module 11: Resignations

  • What is a resignation?
  • The SMS resignation..
  •  Work during notice period
  • When may notice be given?
  • 24 Hours’ notice
  • What is a calendar month?.
  • Too much notice

 

Module 12: Resignation before disciplinary action

Module 13: The payment of annual leave on termination of service

  • Do an employee need to be paid for outstanding leave not taken when he resigns or when the employment is terminated
  • Sacrifice
  • Contractual leave
  • On guard
  • Calculation

 

Module 14: Hours of Work and Overtime

  • Hours of Work and Overtime
  • The Earnings Threshold Explained
  • Employees earning over the threshold amount

 

Module 15: How to deal with absence without leave / permission

  • Duty to render service
  • Common law
  • Modern law
  • Absenteeism
  • Abscondment
  • Desertion
  • Failure to inform the employer of the reasons for absence.
  • Absence from overtime work.
  • Involuntary absence
  • Absenteeism – at what cost?
  • Uncontrolled absenteeism.
  • Warning signs
  • Record-keeping and reviews.
  • The employer's attendance or absenteeism policy
  • Salaries – cost to company

 

Module 16: How to deal with abscondment – step by step

Module 17: Misconduct and insubordination

  • What is insubordination?
  • The instruction must lawful and the employee must be capable of performance
  • The instruction must fall within the ambit of the job
  • The instruction must be reasonable under circumstances
  • Insubordination vs. insolence
  • Insubordination, negligence or refusal to adhere?
  • How do we deal with insubordination?
  • Shop Stewards and Insubordination

 

Module 18: Specific types of misconduct an how do deal with it

  • Bringing the employer's name into disrepute
  • Willful damage to the employer's property
  • Disobeying safety rules and regulations
  • Fraudulent timekeeping, fraud or forgery
  • Falsifying of documents
  • Assault or indecent assault
  • Abusive language, disorderly behaviour, racism or racist comments
  • Insubordination
  • Conflict of interest/dereliction of duty
  • Dishonesty
  • Sexual harassment
  • Refusal to work overtime without a valid reason - despite the fact that reasonable notice was given
  • Unauthorised or unlawful possession of drugs or alcohol, alcohol or drug abuse or being under the influence
  • Unauthorised possession of company property or theft
  • Use of company vehicle/property without permission
  • Under the influence of, or having consumed, alcoholic liquor or drugs off the premises by presenting himself for work, or on the premises after having arrived at work
  • Unauthorised absenteeism from the workplace/ abscondment
  • Abuse of sick leave
  • Collective and derivative misconduct

 

Module 19: The Balance of Probability

  • Deciding guilt or innocence - The "Balance of Probability"

 

Module 20: Consistency in disciplinary matters

  • Item 3(6) of the Code of Good Practice
  • Historical and contemporaneous inconsistency

 

Module 21: Fair disciplinary procedure

Module 22: The severity of the sanction can the chairperson be overruled?

Module 23: Incapacity - Poor Work Performance

  • Introduction
  • Procedural and Substantive fairness in dismissal
  • Incapacity: Poor work performance
  • Dismissals for incapacity - Poor work performance
  • Senior Managerial employees - Poor work performance
  • Dismissal for Incapacity - ill health or injury
  • Poor Work Performance Procedure – other than ill health or injury
  • Incapacity: Ill health or injury
  • Guidelines in cases of dismissal arising from ill health or injury

 

Module 24: Medical Certificates – What constitutes a 'valid' medical certificate?

  • Medical Certificates – What constitutes a 'valid' medical certificate?

 

Module 25: Medical Certificates – Validity of a medical certificate as evidence

  • Medical Certificates- Validity of a medical certificate as evidence

 

Module 26: Disciplinary sanctions – warnings

  • Disciplinary sanctions – warnings
  • Validity of warnings and accumulative final written warnings
  • Consistency in applying progressive discipline
  • Frequently Asked Questions – Warnings

 

Module 27: Polygraph tests

  • The value of polygraph test results
  • Refusal to undergo a polygraph test
  • Truth or dare? What lies beneath the polygraph test?
  • Polygraph Testing

 

Module 28: Entrapment

Module 29: Constructive Dismissals

  • Constructive Dismissals
  • Guidelines on dealing with grievances


Module 30: Double jeopardy

  • What is double jeopardy?
  • Can we have a second hearing if the employee was found not guilty?
  • Can the employer appeal against a sanction?
  • Is it double jeopardy if we issue a warning and not pay the employee for unauthorized absence from work?
  • Is it double jeopardy if the employee is issued with a final written warning and ordered to pay back the damages suffered by the employer?

 

Module 31: Promotions

  • Promotions
  • Acting in a position and expectations

 

Module 32: Internet and Email Interception

Module 33: Social media in the workplace

Module 34: Video and audio surveillance

Module 35: Specific forms of unfair labour practice

  • Benefits – unfair labour practice
  • Equal work for equal pay
  • Promotion
  • Unfair discrimination – pregnancy

 

Module 36: Relocating the business: What about the employees?

  • Re-locating the business: What about the employees
  • Retrenching employees that cannot relocate and severance pay

 

Module 37: The Payment of Bonuses

  • The payment of bonuses
  • The 13th cheque or Christmas bonus
  • The performance bonus
  • The production bonus

 

Module 38: Alcoholism and the workplace

  • The Occupational Health and Safety Act; General Regulations and the
  • company policy
  • Incapacity or misconduct
  • Alcohol in the workplace; when does misconduct become incapacity
  • Misconduct or incapacity?
  • The breathalyzer and field sobriety test

 

Module 39: Comprehensive guide on leave and the different types of leave

  • Annual leave
  • Sick leave
  • Maternity leave
  • Family responsibility leave
  • Unpaid leave
  • Study leave
  • Proof of incapacity
  • Payment of annual leave on termination of service

 

Module 40: Religious Holidays

Module 41: Public Holidays – useful information

Module 42: Public Holidays – Two holidays or one?

Module 43: Earnings threshold

Module 44: Unemployment Insurance Fund (UIF) – A comprehensive guide

Module 45: Smoking in the workplace

Module 46: Gossip in the workplace

Module 47: Company dress codes

Module 48: Frequently asked questions and answers

  • The Basic Conditions of Employment Act. (BCEA)
  • Employment Contracts
  • Working time or weekly working hours, and overtime.
  • Different types of Leave (Chapter 3 – section 20 BCEA)
  • Medical certificates
  • Injury on duty and sick leave
  • Maternity leave entitlement
  • Family Responsibility leave
  • Payment of remuneration
  • Deductions from remuneration
  • Overpayments of remuneration to employee
  • Termination of Employment
  • Miscellaneous

 

 

Part G

Retrenchments

 

Table of Contents

Section 189A: Dismissals based on operational requirements by employers with more than 50 employees

Module 1: Introduction

Module 2: Reasons for dismissal

  • Economic reasons
  • Technological reasons.
  • Restructuring

 

Module 3: Unemployment

Module 4: Three grounds on which a termination of employment might be legitimate

  • Three grounds on which a termination of employment might be legitimate

 

Module 5: Rights of employees in terms of section 189 and 189A of the Labour

Relations Act

  • Rights of employees in terms of section 189 and 189A

 

Module 6: Section 189/ Dismissals for operational requirements of the Labour Relations Act

  • Introduction to dismissals for operational requirements
  • Dismissals for operational requirements have been categorised as “no fault”
  • dismissals
  • A dismissal due to operational requirements will only be fair if it comes in the wake of a thorough consultation process involving the employer and the representatives of the employees concerned 
  • "Operational requirements" and the retrenchment of employees
  • No Fault Dismissals
  • Voluntary retrenchment
  • Who must the employer consult with (section 189(1))?
  • The purpose of consultation
  • Duration and consensus seeking process
  • Employers must consult
  • When must negotiations begin?
  • The joint consensus seeking process/joint problem–solving exercise
  • Written notice inviting the other party to consult and disclose all relevant information

 

Module 7: Alternatives to a dismissal to be raised by affected employees

  • Alternative suggestions to be considered
  • Measures to increase productivity
  • Short time
  • Rationalizing costs and expenditure
  • Decreasing the number of contractors or casual labourers
  • Increase or decrease in shifts and length of shifts
  • Stopping overtime or Sunday work
  • Early retirement offers or schemes
  • Moratoriums on hiring new employees
  • Extended unpaid leave or temporary lay-off

 

Module 8: Consultation

  • Duration of consultations
  • Employers should note that consulting frames are prescribed for large scale retrenchments in terms of section 189 A of the Labour Relations Act
  • The second and third meeting and responses
  • Substantive and procedural fairness
  • Representations by affected employees and/or their representatives
  • Selection must take place according to the selection criteria S189 (7) states


Module 9: Alternative employment and the final decision

  • Alternative employment
  • The final decision

 

Module 10: Communication

  • Communication with the employee
  • Communication with affected employees

 

Module 11: Mitigate the adverse effects of retrenchment

Module 12: Severance pay in terms of section 41 of the Basic Conditions of Employment Act

  • Severance pay in terms of section 41 of the BCEA
  • Severance pay and other payments
  • How is severance pay calculated?

 

Module 13: Tax implications

  • Tax implications
  • How to declare a lump sum payment?

 

Module 14: Difference between small- and large-scale retrenchments

  • With large-scale retrenchments

 

Module 15: Large scale retrenchments: Additional obligations are placed on the employers as set out in section 189 A

  • Introduction
  • Procedural obligations
  • Termination of employment
  • Facilitation
  • Regulations
  • The appointment of a facilitator
  • Time frame in which a facilitator must perform his/her duties
  • If the 60 days have expired without reaching consensus
  • If parties decide not to make use of a facilitator
  • Notice of the commencement of a strike
  • When may a consulting party not give notice of a strike, or refer a dispute to the Labour Court?
  • Strikes or lockouts
  • Secondary strikes
  • Fair procedure
  • The Labour Court
  • Application in terms of section 189 A (13) – Fair procedure
  • Adjudication of a dispute about procedural fairness
  • The employee may refer the dispute to the Labour Court for adjudication
  • Employer in the public Service
  • Referring a dispute to the Labour Court

 

Module 16: Notable judgements by the South African Labour Courts

 

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 Part H

Trade Unions

 

Module 1: Introduction

Module 2: Organisational Rights for Registered trade unions

  • The Registered trade union
  • Organisational rights as per chapter 3 of the LRA
  • Sufficient representation
  • Majority representation
  • Section 18 - Threshold agreements

 

Module 3: Organisational rights – recognizing the union

  • Procedure that the trade union must follow to be recognized
  • The first step
  • Step 2 - Preparation
  • The recognition meeting
  • The Recognition Agreement
  • Dispute Resolution
  • Agency Shop and Closed Shop Agreement
  • Relationship between management and the trade union
  • Feedback to employees
  • How do you know that your employees are unionised?
  • Can I prevent any employee from becoming a member?
  • Can a senior manager or director join a trade union?
  • Keeping the union out of the company.
  • Should union officials or shop stewards be allowed to represent members in disciplinary hearings?
  • What if the shop steward feels that his/her status as a shop steward entitles him to take extended tea breaks, extended lunch breaks and/or smoke breaks, or even to arrive late for work?
  • Sometimes the shop steward adopts an aggressive or threatening manner when addressing supervisors or employees
  • We have a shop steward who is also a union office bearer - it is hardly ever at work, but he's always at the union's office attending to duties there. Do we have to allow this?
  • How to assist employees during a hearing (for the shop steward)

 

Module 4: Strikes

  • Definition of strike
  • Which workers of an employer may go on strike?
  • The termination of the strike
  • The unprotected strike

 

Code of Good Practice: Picketing

Strike and Picketing Rules: MEIBC

Registered Trade unions in South Africa

Registered Employers Organizations in South Africa

 

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 Part I

Draft Policies, Procedures and Guidelines

 

Table of Contents

  • The Employer’s Attendance or Absenteeism Policy
  • Alcoholism and the Workplace
  • Example: Annual Leave Policy
  • The Balance of Probability
  • Breach of the Employment Contract
  • Chairperson’s Guide
  • Example of Charges in a Formal Disciplinary Hearing
  • Cellular Telephone Agreement
  • Company Vehicle Agreement
  • Disciplinary Code and Procedures
  • Disciplinary Sanctions – Warnings
  • Distinguishing Between Misconduct and Incapacity
  • Easy Aid for accused employees and their representatives to disciplinary hearings
  • Easy Guide to Annual leave
  • Electronic Communications and Information Security Policy
  • Employee Representation in Disciplinary Hearings
  • Fixed Term Contract of Employment
  • Example Grievance Procedure
  • Sexual Harassment Policy
  • Guideline for Employers on Polygraph TestingU) Example HIV policy
  • How and When to Suspend Employees and Suspension Letter Checklist
  • How to Charge That Dishonest, Absent Employee
  • Incapacity Meeting Checklist
  • Internet and Email Interception
  • Leave: A Comprehensive Guide Example Maternity Leave and Family Responsibility Leave Policy
  • Family Responsibility Leave
  • Employee Information Manual
  • Example Misconduct Policy
  • Disciplinary Procedure for Misconduct
  • Notification of Disciplinary Hearing
  • Notice to Report for Duty
  • Overtime Policy
  • Payments and Deductions on Termination of Service
  • The contract of employment/ Example of a Permanent Contract
  • Poor Work Performance Procedure – other Than Ill Health or Injury
  • Incapacity: Ill health or injury
  • Resignations: The Basics
  • Retrenchment Basics
  • Service certificate
  • Example of a Sick Leave Policy
  • Smoking in the workplace
  • Example: Specific Types of Misconduct
  • Suspension Toolkit
  • TB – What employers should know
  • Overtime Policy
  • Unemployment Insurance Fund (UIF) – A Comprehensive Guide
  • Example Unfair Labour Practice
  • User Laptop and Workstation Ownership Agreement
  • Example of a verbal warning
  • Video and Audio Surveillance
  • Wall Charts: The Compulsory Summaries That Must Be Displayed
  • Example of a Written Warning

 

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Part J

Occupational Injuries and Diseases

Table of Contents

Occupational Injuries and Diseases Commentary

Module 1: Introduction

Module 2: Work related accidents (IOD’s)

Module 3: Occupational diseases

Module 4: Right to compensation

Module 5: Information applicable to compensation

Module 6: Employers liability; contributions and registration

Module 7: Assessment Fees; return of earnings and rebates

Module 8: Contractors; recovery of damages and compensation paid from third parties

Module 9: Notices; reporting and recording of accidents

Module 10: Calculating earnings

Module 11: Types of compensation that may be claimed

Module 12: Repudiation of claims

Module 13: Legal prescriptions relating to compensation

Module 14: Prepare compensation documentation of occupational injuries and/or diseases

Module 15: Checklist for compensation problems

Compensation for Occupational Injuries and Diseases Amendment Act (COID Act)

No. 130 of 1993: Compensation for Occupational Injuries and Diseases Act as amended by Compensation for Occupational Injuries and Diseases Amendment Act, No 61 of 1997

Prescribed schedules

  • Schedule 2
  • Schedule 3
  • Schedule 4

 

Prescribed documents for occupational injuries

  • W.Cl. 2 Employers report
  • W.Cl. 3 Notice of accident
  • W.Cl. 4 First medical report
  • W.Cl. 5 Final or Progress report
  • W.Cl. 6 Resumption report

 

Prescribed documents for occupational diseases

  • W.Cl. 1(E) - Employers report
  • W.Cl. 14 - Notice of an occupational disease
  • W.Cl. 22 - First medical report
  • W.Cl. 26 - Final or Progress report

 

Industry classifications

  • Industry classifications

 

Standard rates for earnings

  • Standard rates for earnings

 

Doctors request for reopening a claim

  • Form - Request for opening a claim
  • Info - Reopening of claims

 

Registration of employers

  • W As 2 Registration form guidelines.
  • W As 2 Registration of employer with the compensation fund

 

Documents death of an employee

  • W.Cl.46 - Burial expense account
  • WCL 32 - Declaration dependant


Subsistence and transport

  • WCL 69 Subsistence and transport

 

Medical payments/ accounts

  • National Gazette No2032270

 

Team building information

  • Team building information

 

Refund of periodical payments

  • Directions for refund of periodical payments made by the employer

 

Refund of payment(s) done by the employee

  • Directions for the refund of payment done by employee
  • Banking details - W.Ac. 33
  • Bank statement - W.Ac.33



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Part K 

Occupational Health and Safety

 

Table of Contents

 Occupational Health and Safety Notes

  • Module 1: Introduction
  • Module 2: Department of Labour
  • Module 3: Sections of the Occupational Health and Safety Act.

 

HIRA & Control

  • Module 1: Introduction
  • Module 2: Legal requirements in South Africa
  • Module 3: SIMRAC practical guide to risk assessment
  • Module 4: Important definitions of the OHS Act and MHS Act
  • Module 5: Other relevant terminology
  • Module 6: Reasons for risk assessments and sources of hazards
  • Module 7: Criteria for risk assessment
  • Module 8: Risk management and HIRA
  • Module 9: Different types of risk assessments
  • Module 10: HIRA process and management
  • Module 11: Planning for risk assessment
  • Module 12: HIRA methodology
  • Module 13: Controlling the risk7
  • Module 14: Record keeping

 

Incident/Accident Investigation

  • Module 1: Incident/ accident investigation
  • Module 2: Reporting of occupational injuries and diseases
  • Module 3: Correct reporting and recording procedures
  • Module 4: Six key investigation questions
  • Module 5: Incident investigation process

Recording and investigation of incidents

 Annexure 1 form

Evacuation for Workplaces 

  • Module 1: Introduction
  • Module 2: Significant term and definitions and types of emergencies
  • Module 3: Managing an emergency and emergency action principles
  • Module 4: Emergency preparedness plan
  • Module 5: Response
  • Module 6: Duties of interested and effected parties
  • Module 7: Important Do’s and Don’ts during evacuations

 

OHS Inspections by the Department of Labour

Examples of health and safety policies

Health and safety appoint letters

Example of a First aid register

Examples of general health and safety checklists

Example of sec 37(2) contractors agreement

Example of a safety plan for construction

Examples of appointments for construction work

Amended Occupational Health and Safety Amendment Act, No. 181 of 1993

OHS Act Regulations

Asbestos Regulations

  • Asbestos Regulations, 2001
  • Guide Asbestos Regulations

 

Certificate of Competency Regulations

  • Certificate of Competency Regulations, 1990
  • Information brochure: Examinations for the mechanical and electrical engineers certificates of competency (factories)

 

Construction Regulations

  • Construction Regulations, 2014
  • Notice Regarding Application for Construction Work Permit of construction work in terms of the Construction Regulations, 2014

 

Diving Regulations

Driven Machinery Regulations

  • Driven Machinery Regulations, 2015
  • National code of practice for the training providers of lifting machine operators
  • Schedule of Incorporated Safety Standards

Electrical Installation RegulationsElectrical Machinery Regulations 

Environmental Regulations for Workplaces

Explosives Regulations

Facilities Regulations

General Administrative Regulations

General Machinery Regulations

General Safety Regulations

Hazardous Biological Agents Regulations

Hazardous Chemical Substance Regulations

Lead Regulations

Lift, Escalator and Passenger Conveyor Regulations

Major Hazard Installation Regulations

Noise-induced Hearing Loss Regulations

Pressure Equipment Regulations

  • Pressure Equipment Regulations, 2009
  • Guidance Notes to the Pressure Equipment

 

Regulations on Hazardous Work by Children in South Africa

 


Important

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 2017 Labour Manual

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 at www.ccma.org.za

 

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