Conditions of Employment

 

Click on the following link to open Sectoral Determination 6: Everything you need to know about the Private Security Sector including, contracts of employment, minimum wages, leave, overtime, hours of work, payslips etc.

 

Click here to download Sectoral determination 6: Private Security Sector as setout below (37 Pages)

Provided by the Department of Labour

 

REPUBLIC OF SOUTH AFRICA

 

 No R. 1250: Basic Conditions of Employment Act: Sectoral Determination 6: Private Security Sector

 Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, in terms of section 51(1) of the Basic Conditions of Employment Act, No. 75 of 1997 make a Sectoral Determination establishing conditions of employment for employees in the Private Security Sector, South Africa, which appears in the schedule hereto and fix the second Monday after the date of publication of this notice as the date from which the provisions of the said Sectoral Determination shall be binding.

 

 

TABLE OF CONTENTS 

1. Area and scope of application

2. Definitions

3. Remuneration

4. Payment of remuneration

5. Ordinary hours of work, overtime and payment for overtime

6. Annual bonus

7. Public holidays

8. Sunday work

9. Annual leave

10. Sick leave

11. Family responsibility leave

12. Maternity leave

13. Written particulars of employment

14. Keeping of records

15. Presumption as to who is an employee

16. Weapons, uniforms, overalls and protective clothing

17. Prohibition of employment of children

18. Prohibition of forced labour

19. Termination of employment

20. Severance pay

21. Certificate of service

22. Attendance register

23. Variation by Minister

 

Annexure A – Certificate of Service

Annexure B – Attendance Register

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”.

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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.

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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.

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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.

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