All you need to know regarding Annual leave. The Basic Conditions of Employment Act (BCEA) Section 19 onwards in Chapter 3 covers employee’s rights with respect to all types of leave. The provisions regarding all types of leave do not apply to employees who work less than 24 hours per month. Employees are entitled to 15 workings days per annum on full pay. The Act states “21 consecutive days” (section […]
In this article, we answer the questions that you may be asking according to sick leave and what employees are entitled to and what counts as proof for a sick day. Questions: How much sick leave is an employee entitled to? If an employee works five days a week, he’s allowed 30 days paid sick leave in three years. If he works six days a week, he’s entitled to 36 […]
With Effect from 11 June 2021. Covid-19 vaccines can be made mandatory in South Africa. The Department of Employment and Labour has issued an updated occupational health and safety direction which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines. The Minister of Employment and Labour has gazetted a consolidated Direction on Occupational Health and Safety Measures in certain workplaces. These […]
Companies should actively encourage employees to blow the whistle and protect them Whistle-blowing employees have considerable legal protection – the Labour Relations Act and Protected Disclosure Act, and against harassment by the Companies Act. Companies should develop an effective whistle-blowing programme. It helps your business create a culture of transparency. Employees who work in companies that encourage information sharing are far more engaged, productive, driven, and connected to the company’s […]
What happens if you fail to follow and/or observe COVID-19 related health and safety protocols put in place at the workplace? The employee was charged with: Gross misconduct related to his alleged failure to disclose to the employer that he took a COVID-19 test and was waiting for his results; Gross negligence in that after receiving his COVID-19 test which he had failed to self-isolate, continued working and thus put […]
Medical aid and insurance providers generally reject claims for accidents that are alcohol or drug-related in the workplace. Employers should ensure that they are providing a safe working environment by taking all measures necessary to prevent employee accidents that are caused by alcohol consumption or drug abuse. Employees that report for duty under the influence of alcohol or drug abuse present is a real danger to themselves, their colleagues and […]
The legislation is only applicable to employees meaning any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration and any other person who in any manner assists in carrying on or conducting the business of the employer. As from the 1st March 2021 this earnings threshold has been increased by the Minister of Employment […]
One year has nearly lapsed since the South African Government imposed a National Lockdown at midnight the 26 March 2020, for an initial period of approximately three weeks. Since then there have been further labour protocols implemented for those employees returning to work. Employers had to implement various regulations to safe guard the employees’ health and safety in the workplace. Thousands of employees have experienced work related issues during this […]
Domestic Worker’s employees are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA). This means that Domestic Worker’s employees will now be entitled for compensation in the event they are injured or contract diseases while on duty. As per the Act, the employee is a person who has entered into or works under contract of service or of apprenticeship or learnership, with an employer, whether the contract […]
Employers of domestic workers have used the COVID-19 pandemic as an excuse/reason to terminate the services of their domestic workers. I have had numerous employers approach me to terminate the services of their domestic worker due to COVID-19, but cannot cite this as the reason for termination as it constitutes an automatically unfair dismissal on the grounds of illness. The domestic worker could claim up to 24 months’ compensation and/or […]