Most Recent Publications

 

What’s an Oscar without employment rights?

By Sean Jamieson, Senior Associate, Joshua Geldenhuys, Candidate Attorney, Employment, Cliffe Dekker Hofmeyr

 

On 11 December 2019 the Department of Employment and Labour published a notice in the Government Gazette informing the public of its intention to deem individuals working in the Film and Television industry as employees. Such workers are currently classified as independent contractors. If passed, the effect would be to vest these individuals with various rights in terms of certain employment-related legislation.

 

The proposal would see the likes of actors, crew members and so on enjoy, amongst others, the following employee rights:

  • Under Compensation for Occupational Injuries and Diseases Act 30 of 1993 (COIDA), which deals with the compensation claims by employees who are injured or become diagnosed with an occupational disease, individuals in the Film and Television industry will be entitled apply to the Compensation Fund if injured or fall ill due to work.

  • Under the National Minimum Wage Act 9 of 2018, persons in the Film and Television industry will be entitled to be paid a minimum wage.

  • Under certain sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA), persons in the Film and Television industry will be entitled to certain minimum terms and conditions of employment, including:

    • annual leave;

    • sick leave;

    • proof of incapacity;

    • maternity leave; and

    • severance pay.

  • Under the Labour Relations Act 66 of 1995 (LRA), persons in the Film and Television industry who work on a project with a limited or defined duration – such as a television ser ies – for more than 24 months will be entitled to be paid one week’s remuneration for each completed year of the contract, on expiry of that contract.

 

Despite the above, it should be noted that the Department’s proposal does not include the full scope of protections afforded under employment legislation.

 

The Minister of Employment and Labour provided stakeholders until the 9 February 2020 to submit representations.

 

The spotlight now shifts from the actors to the Minister as we wait to receive further updates. CDH will publish an updated alert once further developments take place.

 

For more information contact Sean Jamieson at [email protected]

Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com

 

 

 

 

 

 

Subscribe to our free newsletter

* indicates required
 

By submitting your email address to us, you agree to receive our newsletters and course updates. For more information about how we protect your personal information, click here .

Accredited Training Provider

     

Upcoming Courses

 

Workplace Discipline and Dismissal

07 July 2022 (09:00 - 16:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

14 July 2022 (08:30 - 16:00)

Interactive Online Course

21 July 2022 (08:30 - 16:00)

Emperors Palace Convention Centre

Basic Labour Relations

15 July 2022 (09:00 - 16:00)

Interactive Online Course

New Code of Good Practice: Harassment in the Workplace New Course

15 July 2022 (09:00 - 12:00)

Emperors Palace: Convention Centre

Chairing Disciplinary Hearings

21 & 22 July 2022 (09:00 - 16:00)

Interactive Online Course

The OHS Act and the Responsibilities of Management (Legal Liability) 

28 July 2022 (08:30 - 16:00)

Interactive Online Course

29 July 2022 (08:30 – 16:00)

Emperors Palace: Convention Centre 

Managing day-to-day challenges in the workplace

28 July 2022 (09:00 - 15:30)

Interactive Online Course

The Basic Conditions of Employment Act and Related Workplace Policies New Course

29 July 2022 (08:30 - 12:30)

Interactive Online Course 

 

August

New Code of Good Practice: Harassment in the Workplace New Course

04 August 2022 (09:00 - 12:00)

Interactive Online Course

Trade Unions in the Workplace

05 August 2022 (09:00 - 12:00)

Interactive Online Course

Managing day-to-day challenges in the workplace

12 August 2022 (09:00 - 15:30)

Cape Town: Protea Hotel Tyger Valley

The formulation of disciplinary charges Online Course

12 August 2022 (09:00 - 12:00)

Interactive Online Course

Chairing Disciplinary Hearings

18 & 19 August 2022 (09:00 - 16:00)

Emperors Palace: Convention Centre

Hazard Identification & Risk Assessment Course

18 August 2022 (08:30 - 16:00)

Interactive Online Course

Shop Steward Training

19 August 2022 (09:00 - 16:00)

Interactive Online Course 

How to win an unfair dismissal case at the CCMA / Bargaining Council

25 August 2022 (09:00 - 16:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

25 August 2022 (09:00 - 13:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

26 August 2022 (08:30 - 16:00)

Interactive Online Course

 

September

Retrenchments Simplified

02 September 2022 (09:00 - 12:00)

Interactive Online Course

Introduction to Mediation New Course

08 September 2022 (09:00 - 16:00)

Interactive Online Course

Basic Labour Relations

09 September 2022 (09:00 - 16:00)

Cape Town: Protea Hotel Tyger Valley

Negotiation Skills New Course

22 September 2022 (08:30 - 16:00)

Interactive Online Course

 

Our Clients