Labour Law Blog

Giving Written Notice whilst on Annual Leave, Sick Leave, Maternity Leave or Family Responsibility Leave

Giving Written Notice whilst on Annual Leave, Sick Leave, Maternity Leave or Family Responsibility Leave In terms of Section 37 of the BCEA Notice of termination of employment, when given by the employer, must not be given during any period of leave to which the employee is entitled in terms of chapter 3 of the Act, and may not to run concurrently with any period of leave to which the […]

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Domestic workers can now claim for injuries dating back to 1994

Domestic workers can now claim for injuries dating back to 1994 SweepSouth’s report indicates that low-income households are forced to take on further debt. Domestic workers, including chauffeurs and gardeners, are entitled to claim if they are injured or contract a disease at work, according to an amendment in law. Government has encouraged domestic workers to claim from the Compensation Fund. Legal experts have also urged employers of private domestic […]

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Register your domestic worker in terms of the Compensation for Occupational Injuries and Diseases Amendment Act 22 (COIDA)

Now that the President has signed the amendment of COIDA into law, it is imperative for employers of domestic workers to register their employees under COIDA. This means that they may now claim for injuries, disabilities or illness acquired whilst at work, which previously specifically excluded this sector. This also means that all employers of domestic workers (including gardeners, chauffeurs, housekeepers, carers) whether part-time or full-time – must register themselves […]

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Domestic workers and the National Minimum Wage increases – How jobs have affected in South Africa

The Department of Employment and Labour says that increases in the national minimum wage have not impacted employment numbers in South Africa. The Department said that research had been conducted annually for the past three years, assessing the impact of the national minimum wage on employment, hours of work and wages.  They observed no significant shifts in aggregate employment following the national minimum Wage increases over the past few years. […]

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Domestic worker’s minimum hourly rate to increase

Domestic worker’s minimum hourly rate to increase with effect from 01 March 2023 The New National Minimum Wage for domestic workers is to be implemented from 01 March 2023. As from 01 March 2023, the minimum wage will increase to R25.42 per hour, for each ordinary hour worked. Domestic Workers Wage Increase The increases was announced in the Government Gazette 45882, dated 21 February 2023. Criminal Offence An employer must […]

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The New National Minimum Wage for domestic workers is to be implemented from 01 March 2023

Latest Update : 21 February 2023 The New National Minimum Wage for domestic workers is to be implemented from 01 March 2023. As from 01 March 2023, the new national minimum wage will increase to R25.42 per hour, for each ordinary hour worked. Domestic Workers Wage Increase The increases was announced in the Government Gazette 48094, dated 21 February 2023. Criminal Offence An employer must be aware that it is […]

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When and how can an employer change the terms and conditions of employment of it’s employees?

Are you considering changing the terms and conditions of employment for your Employees? Here is when and how you can. The principle is that terms and conditions of employment may not be changed unilaterally by the employer and that the consent of the employee is required. This implies a negotiated process with the affected employees in order to secure such consent. Only where the nature of the job is drastically […]

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South Africa’s new labour migration policy

What is the South African Labour Migration policy all about? The draft NLMP (National Labour Migration Policy) is the first comprehensive national policy on labour migration in South Africa, covering the management of labour migration into South Africa and from South Africa. It seeks to achieve a “brain gain” (through skills entering the country) and to counter a “brain drain”(through skills leaving the country). The NLMP has been created to […]

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Sign Language is South Africas 12th official language

Sign Language is Legally declared as 12th official language. President Cyril Ramaphosa’s cabinet has approved the Constitutional Eighteenth Amendment Bill for public comment, which will give recognition to South African Sign Language as the 12th official language of the country. The constitutional review committee has recommended that a section of the Constitution be amended to include South African Sign Language (SASL) as the 12th official South African language. There are […]

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Eat, Drink and be Merry. But not during working hours.

Zero Tolerance for alcohol at the workplace during the holiday period As we approach the Christmas Season we post a warning once again that the zero tolerance for alcohol at the workplace has not been relaxed just because of the holiday period. The problems that arise at this time of the year create incredibly difficult situations when future dismissals are challenged. We have seen numerous examples of intolerable behaviour arising […]

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