Home

Department of Labour gears itself to enforce farm workers minimum wage determination as implementation date looms

The long-awaited raise in the minimum wage for farm workers following the recent wave of violent strikes by farm workers will come into effect on Friday (1 March 2013).

After extensive national public hearings by Department of Labour (DoL) that started last year ending in January 2013, Labour Minister Mildred Oliphant announced on February 4, that the new salary will be pegged at R105 a day from R69. Oliphant announced that the wages would rise by inflation plus 1.5% in subsequent years.

This determination followed a recommendation by the Employment Conditions Commission (ECC), a body that advises the Minister on: the making of sectoral determinations; matters concerning basic conditions of employment; child labour issues; matters arising out of the application of the Basic Conditions of Employment Act (BCEA); collective bargaining trends and whether any of them undermine the purpose of BCEA; and the effect of government policies on employment.  

In terms of the Basic Conditions of Employment Act the Department of Labour is empowered to enforce the determination. Labour inspectors as part of their duties would be expected during their inspections to ensure that the law of the land is upheld.

Although some farmers had pointed out that they would not be able to afford the new minimum wage determination, Oliphant encouraged them to apply for exclusion before 1 March 2013. Section 50 of the BCEA makes provision for the Minister to replace or exclude any basic condition of employment provided for in the Act.

Farmers that require exclusion would have to submit a number of documents in relation to proof of any consent to the application by the registered trade union(s), a letter of approval with names and signatures of employees whom the determination is to apply.

In addition, the concerned establishment will have to provide reasons for not being able to comply with prescribed conditions, furnish a list of employees with their current wages (register) that must accompany any request for variation on wages, and a project plan - amongst others.

Application for variation on prescribed minimum wages must be forwarded to: The Executive Manager, Employment Standards, Private Bag X117, Pretoria 0001

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                                         

 
 

The OHS Act and the Responsibilities of Management

19 September 2019

Emperors Palace: Convention Centre

29 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

Employment Equity Committee Training

27 September 2019 (Fully Booked)

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

01 November 2019

Emperors Palace: Convention Centre

07 November 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

02 October 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

03 October 2019 (Fully Booked)

Emperors Palace Convention Centre

04 October 2019 (Fully Booked)

Emperors Palace Convention Centre

11 October 2019 (Fully Booked)

Emperors Palace Convention Centre

18 October 2019

Southern Sun: Elangeni: Durban

31 October 2019

Emperors Palace: Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

27 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Problem-solving and Decision-making Skills

24 & 25 October 2019

Emperors Palace: Convention Centre

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

28 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Managerial and Leadership Skills

06, 07 & 08 November 2019

Emperors Palace: Convention Centre

2019: Case Law Updates

15 November 2019

Emperors Palace: Convention Centre  

  

 Our Clients 

 

Android App On Google Play

Android App On Google Play