LABOUR LENS!

  INFORNMATION ABOUT REMUNERATION! 1. Mandatory Pay Slip Information (Section 33) When an employee is paid, the employer must provide a written statement(a pay slip) containing specific details.     (a) The employee's name and occupation     (b) The employee's rate of remuneration and the total amount of remuneration.     (c) The amount of any deduction made     (d) The amount actually paid to the employee.     (e) Details of hours worked, including:           . The number of ordinary hours worked by the employee during the payment period.           . The number of overtime hours worked           . The number of hours worked on a Sunday or public holiday  2. Rules for Deductions from Remuneration (Section 34) An employer generally cannot make any deductions from an employee's pay unless certain conditions are met:     ...

  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 ...

  DID DAVID MABUZA BETRAY THE RADICAL ECONOMIC TRANSFORMATION STRUGGLE? INRTRODUCTION The former State Deputy President David Dabede Mabuza passed away on Thursday the 3rd of July 2025. This is after a short illness we've been told. As with any passing of a public figure , especially a political leader who was at some stage the African National Congress(ANC) provincial chairperson and Premier in the province of Mpumalanga. He later on ascended to the position of the ANC Deputy President and to that of the country's Deputy President in the year 2018 until his resignation in the year 2023. There is already a heated debate or discussions in the country regarding David Mabuza's legacy as a public figure and leader of both the political party(ANC) and government. Indeed his appears to be a contested legacy, as it is to be expected. I wish to put it upfront that this piece is not aimed at "talking ill of the dead" who cannot be able to defend the...

  SHOULD PRESIDENT CYRIL RAMAPHOSA FIRE MINISTER NKABANE?  The Minister of Higher Education Dr Nobuhle Nkabane has been on the news lately for all the wrong reasons. She appeared in the Parliamentary Committee for Higher Education just above a month ago, it is in this committee where she was taken to task about her decision to appoint a number of individuals into the boards of SETAs. These individuals were not being appointed as ordinary members of the boards but they were being appointed as Chairpersons to these SETA boards. Now , someone who may be hearing or reading about this for the first time may want to ask a question "what is wrong  with these individuals being appointed as Chairpersons to the SETA boards?", well these individuals are cadres of the co-governing African National Congress(ANC) and their appointment would have signaled the highest form of blurring of the lines between Party and State. Who are these "individuals"?. One of...

<meta name="google-adsense-account" content="ca-pub-6632135369274185">  WAS PRAVIN GORDAN A HERO?<script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-6632135369274185"      crossorigin="anonymous"></script> The former Minister of Public Enterprises Pravin Gordan died on the 13th of September 2024.  Pravin Gordan previously served as the South African Revenue Services commissioner , was later on appointed as the Minister of Finance by the former president Jacob Zuma in 2009, he served in that capacity until 2014. After the 2014 National and Provincial Elections President Jacob Zuma appointed Pravin Gordan as the minister of Cooperative Governance and Traditional Affairs(Cogta), he was to return to the finance department in late 2015 after the former president dismissed the then finance minister Nhlanhla Nene and replaced him with Das van Rooyen which triggered a negative reac...

   https://the-agenda.kit.com/4802d64376 WHY THE DECISION BY THE MK PARTY TO NOT CONVENE ELECTIVE CONFERENCE IS A BRILLIANT MOVE?https://amzn.to/48EAV5S https://amzn.to/https://amzn.to/4fBNVvj  The UMkhonto WeSizwe Party has announced that it will not convene any elective conference until after the 2029 National and Provincial Elections. The announcement was made at a press briefing in August where the Party was announcing its National leadership known as the High Command, this is a structure which is made of the President, Deputy President,National Chairperson, Deputy National Chairperson, Secretary General, Deputy General Secretary, National Organizer, Treasure General and additional members. The Party has been on the drive to identify and recruit the brains and skills it believes will assist in building the Party. This according the Party is an on-going exercise of identifying and recruiting the best talents into the fold of the UMkhonto WeSizwe Party. The rea...

 WHY IS ACTION- SA  LYING ABOUT THE EXISTENCE OF THE BLACK MONOPOLY CAPITAL?. Today the ActionSA political party held a press briefing and among the issues they spoke about is the question of White Monopoly Capital vs Black Monopoly Capital. Strangely the ActionSA is suggesting that in South Africa there is what they call the Black Monopoly Capital. This leaves one with a number of questions about the intellectual, ideological capacity of that organization. Indeed if the ActionSA had any intellectual and ideological capacity they would have known that there is no such a thing as the Black Monopoly Capital. Do they even understand the definition of the term Monopoly?,because if they did then they would not have embarrassed themselves in this fashion. Maybe we should be kind enough to help ActionSA with the definition of the term Monopoly "The exclusive possession or control of the supply of or trade in a commodity or service". Now having assisted the ActionSA with ...

 WILL THE ANC/SACP ALLIANCE SURVIVE THE SO-CALLED GNU?. There's been public spats between the African National Congress and its alliance partner the South African Communist Party since the formation of the grand coalition between the ANC and the Democratic Alliance, of course this grand coalition has been clothed as a Government of National Unity. As explained on several times this arrangement does not meet the minimum requirements of a Government of National Unity therefore it lacks all the characteristics of a Government of National Unity. The South African Communist Party General Secretary Solly Mapaila had an interview with Dr Sizwe Mpofu Welsh on his Youtube platform . It is in this interview where the SACP General Secretary reiterated their unhappiness with the ANC's decision to go into a coalition with the racist and neo-liberal Democratic Alliance. Mapaila did not mince his words as he termed this move by the ANC as a sellout deal. He characteriz...

 WHY DID FLOYD SHIVHAMBU DROP THE EFF FOR MKP? On Thursday the 15th August 2024 South Africa was greeted by the shocking news of the departure of one Floyd Shivhambu from the Economic Freedom Fighters. The Economic Freedom Fighters convened a Press Briefing in which Floyd Shivhambu announced his decision to leave the Economic Freedom Fighters to join the uMkhonto WeSizwe Party. Floyd Shivhambu did not provide the reasons behind his departure and promised to speak when the time is right and did not want to utilize the platform of the EFF as that would be tantamount to campaigning for the MKP on the EFF platform. Plenty of speculation has followed, with different media platforms reporting on the fallout between the two leaders who established the EFF. Floyd Shivhambu is a founding member of the Economic Freedom Fighters, together with Julius Malema they established the EFF back in 2013 this is after their exit from the ANC. Julius Malema was expelled from the ANC whilst F...

 CAN THE BREATHALYZER BE USED AS EVIDENCE AT WORK? Breathalyzer results can potentially be used as evidence at work, but this depends on several factors including: 1. Company Policies : Many companies have specific policies regarding alcohol use and testing. Ifan employee has agreed to these policies, the results of a breathalyzer test may be admissible as evidence for disciplinary action. 2. Consent : If an employee has consented to a breathalyzer test, either explicitly or through an agreement to company policies, the results are more likely to be used as evidence. 3. Legal Considerations: In some jurisdictions, there may be legal requirements or protections related to workplace testing. It is essential to ensure that the workplace complies with local laws and regulations. 4. Accuracy and Calibration : The breathalyzer equipment must be properly calibrated and maintained to ensure accurate results. Any challenge to the accuracy of the device could impact its admissibi...