The Basic Conditions of Employment Act (BCEA) stipulates that an employment contract can only be terminated on notice of not less than: One week , if the employee works for six months or less; Two weeks, if the employee works for more than six months, but not more than one year, and Four weeks if the employee- Works for one year or more; or Is a farm worker or domestic […]
Did you know that resigning with immediate effect puts a stop to disciplinary proceedings against an employee? If an employee resigns with immediate effect, the employer has no jurisdiction to proceed with a disciplinary hearing against the employee. The contracted employment comes to an end with immediate effect and the employer loses the right to discipline and proceed with the disciplinary hearing against the employee. On the other hand, if […]
Dereliction of Duty is a charge that refers to an intentional or conscious failure of an employee to do his/her duty. Examples of dereliction of duty include situations where the employee: Abandons an asset of the employer in a place where it is at risk. For instance, a company driver might leave the company vehicle in order to visit a friend despite being well aware that the location is a […]
The exit interview is a voluntary, verbal interview between an employee who’s leaving your company and an HR person if the company has one. If there is no HR person, any other authorised person would conduct the interview. The interview often takes place one to two days before the employee actually leaves. What is the Purpose of the Exit Interview? The goal of this interaction is two-fold: firstly, the employee has […]
National Minimum Wage Bill 1. Can you please explain exactly what the implementation of the Minimum Wage Bill would look like? The implementation of the minimum wage bill has still some way to go. The National Assembly of our parliament has passed this bill, but it still has to go to the National Council of Provinces. There still needs to be some public input into this, and only after […]
Several Muslim employees who work in call centres contacted me for labour law advice in regard to breaking one’s fast, whilst on shift at about 18h00. They advised me that weeks prior to Ramadan, the employees engaged with their employers to agree to take a few minutes off work to break their fast in order to consume a small snack. The employees advised me that their employers failed to wish […]
What are the differences between contractors and employees? A Contractor A true independent contractor will be a registered provisional taxpayer; will work his own hours; runs his own business; will be free to carry out work for more than one client at the same time; will invoice the client for his/her services and be paid accordingly; will not be subject to usual “employment” matters such as the deduction of PAYE […]
Psychological Well-Being of an Employee Symptoms of mental illness negatively affect quality of life and inter-personal relationships in the workplace. Factors such as unattainable workloads, lack of control, poor leadership, incompetent management and hostile interpersonal interactions at work, all serve to contribute to poor psychological health. Employers have a responsibility to create conditions at work that are conducive to good psychological health, but unfortunately this is not always a responsibility […]
Depression has a significant negative impact on productivity and performance in the workplace. Depression affects cognitive functioning such as decision making, concentration, memory and problem-solving abilities. I concur that the onus is on the employee, in conjunction with the employer, to seek remedies to enable the employee to deal with the treatment of depression, by use of medication (if necessary), therapy and life-style changes. In general, employers fail to […]
EMPLOYEE RESIGNING FROM EMPLOYER ON NOTICE VERSUS EMPLOYEE RESIGNING FROM EMPLOYER WITH IMMEDIATE EFFECT. When an employee resigns on notice, all rights and obligations under the employment contract continue until the expiry date of the notice period. If the employee dismisses the employer during the notice period, the contract terminates preceding the conclusion of the notice period. The employer should first issue the employee with a written suspension letter […]