Employing foreigners in South Africa The employment of foreigners in South Africa is regulated by the Immigration Act 13 of 2002, as amended (“the Immigration Act”). The Immigration Act provides for the ability of foreigners to work in South Africa. The Immigration Act is supplemented by the Immigration Regulations which underwent significant changes in May 2014, specifically in relation to work visas. The Employment Services Act 4 of […]
Referral of labour dispute on the grounds of unfair discrimination to the correct forum. An unfair discrimination case falls within the jurisdiction of the CCMA for both conciliation and arbitration. Bargaining councils do not have jurisdiction. However for the CCMA to retain jurisdiction the applicant must earn below the monthly threshold of R17 119.42. W. Tel: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 3959 Email: bernard@capelabour.co.za Website: www.capelabour.co.za
Where an employee resigns from the employment of his employer and does so voluntarily, the employer may not discipline that employee after the resignation has taken effect. That is because, once the resignation has taken effect, the employee is no longer an employee of that employer and does not have jurisdiction over the employee anymore. In summary, the principle to discern from the above is that an employer has no […]
NEW EMPLOYEE INFORMATION FORM Date engaged: Personal Details Title (Mr/Ms/Dr) Initials Surname First Name Second Name ID Number Date of Birth Nationality Passport Number, if applicable Passport Country, if applicable Home Language Race (For Statistical Purposes) Gender Marital Status Number of dependant/s Age/s of dependant/s Gender of dependant/s Employee Contact Numbers: Cell Phone Number Fax Number Home Number Home E-mail Address Residential Address Residential Code Postal Address […]
HOW TO CALCULATE AVERAGE MONTHLY REMUNERATION R10 285.46 (June 2017) + R9 626.50 (July 2017) + R10 025.74 (August 2017) = R29 937.70 ÷ 13 = R2 302.90 (Average weekly remuneration) X 4.3 = R9 902.47 (Average monthly remuneration) ÷ 21.5 = R460.58 (Average daily remuneration) For any further SA Labour Law queries, feel free to contact Bernard on: W. Tel: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 3959 Email: bernard@capelabour.co.za
GRIEVANCE PROCEDURE DEFINITION A grievance is any dissatisfaction or a feeling of injustice in connection with an employee’s or a group of employees’ employment situation and which merits the formal attention of Management at any level, as it has not been resolved informally. GENERAL PRINCIPLES Any employee who has a grievance is entitled to make use of the grievance procedure. The purpose of the grievance procedure is to enable employees […]
What is Unemployment Insurance Fund? The Unemployment Insurance Fund has been established to provide short-term relief to workers, subject to certain conditions, when they become unemployed, or are unable to work because of illness, maternity or adoption leave and also to provide relief to the dependents of deceased contributors. The Unemployment Amendment Act, 2016 is due to promulgated shortly and it will extend Unemployment Insurance benefits to learners who are […]
Wage Tables for the Domestic Worker Sector Table 1 Minimum wages for domestic workers who work more than 27 ordinary hours per week Area A Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan […]
Unfair discrimination – mental illness With reference to your informative article entitled “Mental health & South Africa’s Community”, I have consulted with many employees with diverse work related problems who have been discriminated against on the grounds of mental disability. Once the employer discovers the fact that the employee is diagnosed with a mental illness, it usually results in the employee being harassed and victimized. The employee may become severely […]
Discrimination on the grounds of disability Recurring harassment and victimization in the workplace, as a result of the employee’s bi-polar condition, ended up in a claim of discrimination against the employer. On 14 January 2015, *Mr Alan Croucramp was employed as senior I.T manager at *MARCO Supplies in Cape Town. After a few weeks, *Mr Kevin Bold (Operational Manager) of the company began harassing Alan verbally, by saying that he […]
