LABOUR LENS!

  PARTICULARS OF EMPLOYMENT & REMUNERATION( BASIC CONDITIONS OF EMPLOYMENT ACT ,CHAPTER 4) #howtowinaccmacase #howtohandleagrievance #labourlaw #employmentlaw  1. Mandatory Particulars of Employment( Section 29 )    An employer must provide an employee with a written document containing the following key details on the first day of employment:      (a) Full Details: The full name and address of the employer.      (b) Employee Information: The name and occupation of the employee, and a brief description of the work.      (c) Work Location: The place of work, including an indication if the employee is required to work at various places.      (d) Commencement: The date on which employment began.      (e) Hours of Work: The employee's ordinary hours of work and days of work      (f) Remuneration and Overtime:           . The employee's wage o...

  MATERNITY LEAVE RIGHTS UNDER SOUTH AFRICAN LABOUR LAW. #how to win a ccma case, how to file for a grievance, 1. Maternity Leave During and Timing( BCEA )    (a) During: An employee is entitled to at least four consecutive months of maternity leave.    (b) Start Date : Leave can start up to four weeks before the expected date of birth, or on a date determined by a medical practitioner if required for the health of the employee or child.    (c) Post-Birth Restriction: An employee may not work for six weeks  after the birth of her child, unless a medical practitioner certifies her fir to return earlier.    (d) Payment: The BCEA itself does not require the employer to pay the employee during maternity leave. However, the employee is entitled to apply for maternity leave benefits from the Unemployment Insurance Fund(UIF).   2. Protection Against Unfair Dismissal(LRA)     (a) Automatically Unfair Dismis...

  WHAT MAKES A DISCIPLINARY NOTICE FAIR?   #how to win a ccma case, how to handle a grievance , employment law , labour law   1. The Principle of Adequate Notice       (a) Time to Prepare: The most crucial element is that the employee must be given adequate notice of the hearing.     (b) Unfair Notice : Providing short time notice- for example, less than 24 hours- is generally considered procedurally unfair, as it does not allow the employee to properly prepare their defense. If  the notice is inadequate , the employee should ask for an extension to prepare. 2. Necessary Details the Notice Must Contain For a notice to be fair, it must clearly specify four critical pieces of information related to the charge and the hearing.     (a) Date, Time, and Venue: The notice must clearly state the date, time, and venue where the hearing will take place.     (b) Specific Offenses: The notice must state th...

  YOUR RIGHTS IN A DISCIPLINARY HEARING : ENSURING PROCEDURAL FAIRNESS ! # how to win a ccma case # how to file a grievance   The video focuses on ensuring an employee is treated fairly throughout the disciplinary process, from receiving notice to presenting a defense. 1. Right to Adequate Notice  The most critical component of a fair process is receiving proper notice of the hearing:    (a) Content Must Be Clear: The notice must clearly state the date, time and venue of the hearing.    (b) Offense Details: The employee must be charged with a specific offense, and the notice must clearly mention the date, place, and nature of the offense.    (c) Time to Prepare: The notice must be given with adequate time for the employee to prepare their defense. Giving short notice (e.g less than 48 hours) may be considered unfair. 2. Right to Object and Challenge If the notice or procedure is unfair, the employee has the right to c...

TOP STRATEGIES FOR EMPLOYEES FACING WORKPLACE ISSUES! 1. Know and Utilize Company Policies    (a) Policies are your Shield: The company's own policies(such as the Disciplinary Code, Grievance Procedure, and company rules) are important documents that outline expected conduct and consequences.    (b) Check Before You Act: Before taking any action or reacting to a workplace event, employees must check the company policy to see what steps are prescribed for the situation. The company cannot easily break its own code. 2. Initiate the Grievance Procedure Correctly If you have an issue with a manager or a condition of employment, you must follow the formal grievance to get it addressed.       (a) Formalize the Complain: You must submit a formal grievance( a written document)       (b) Include All Details: The grievance form must be filled out with detailed information to ensure it is handled correctly. This includes : ...

  WHAT ARE EMPLOYEE "LEAVE" RIGHTS UNDER THE BASIC CONDITIONS OF EMPLOYMENT ACT? 1. Annual Leave    (a) Application: The rules in this chapter generally do not apply to employees who work less than 24 hours a month for an employer, unless specifies otherwise by agreement.    (b) Annual Leave Cycle : This is defined as a 12 - month period of employment with the same employer, immediately following the employee's date of employment.    (c) Entitlement : An employee is entitled to 21 consecutive days of paid annual leave per annual leave cycle.         . Note: By agreement, this 21- day entitlement can be reduced to 15 working days.    (d) Taking Leave: Annual leave must be taken at a time mutually agreed upon between the employer and employee.    (e) Payment on termination: If employment is terminated, an employer must pay the employee for any accrued, untaken leave. This payment is calculated base...

  PAYMENT ON SUNDAYS,NIGHTSHIFT AND PUBLIC HOLIDAYS! BCEA  #salaries #wage #publicholiday #labourlaw #employmentlaw  1. Payment for Working on Sundays   (a) Standard Rule : An employer must pay an employee who works on a Sunday at double the employee's normal wage.   (b) For Less Than a Day : For each hour worked on a Sunday, the employer must pay the employee double the hourly wage.   (c) Intermittent Work : Id an employee works on Sunday on an "intermittent" or temporary basis, the payment rule is applied per hour. 2. Night Work The Act defines " night work" as work performed between 18h00 and 06h00 .     (a) Compensation an Safety : An employee can only perform night work if they are compensated by a night work allowance.    (b) Transportation : The employer must ensure that transportation is available between the employee's residence and workplace.    (c) Health and Medical Examination : The employer...

  BASIC CONDITIONS OF EMPLOYMENT ACT ! MEAL INTERVALS AND REST Periods ! #employmentlaw #labourlaw #basic conditions of employment act 1. Meal Intervals (Breaks)   (a) An employer must grant an employee a meal interval if the employee works for more than 5 hours   (b) An employee can only be permitted to work during a meal interval if it is required by an agreement in writing.   (c) If an employee works during a meal interval, the employer must compensate them for that time.   (d) A meal interval can be reduced to 60 minutes by agreement for " session work ". 2.  Daily and Weekly Rest Periods The Act mandates specific rest periods to ensure employees have adequate time off:    (a) Daily Rest Period : An employee must have rest period of 12 consecutive hours between ending work on one day and starting work on the next.       . This daily rest period may be reduced by a written agreement to 10 hours if the...

  WHAT IS A TWO POT RETIREMENT SYSTEM?#how to file a Grievance, #employee rights during a strike #twopotretiremen  The Two Pot retirement system is a significant reform aimed at helping South Africans access a portion of their retirement savings before retirement  without needing to resign  from their job. The system is designed to provide relief for individuals facing financial distress while still ensuring retirement preservation. The reform divides a member's retirement  fund into three components: 1.The Two New Pots (Applies to New Contributions)  Starting from the implementation date, new contributions will be split into two "pots". (a) Contribution Split : If a member contributes 10% of their salary, 3,33% goes to the Savings Pot, and 6.67% goes to the Retirement Pot. (b)) Fund Types: The system applies to Defined Benefit Funds , Defined Contribution Funds , Provident Funds , and Preservation Funds . 2. The Vested ...