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Resignation with immediate effect

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 authority or the power to discipline an employee who resigns from his or her employment once the resignation takes effect. In other words, where the resignation is with immediate effect, the employer loses the right to discipline the employee, also with immediate effect.

Related links

The SMS Resignation

The Unread Resignation Letter

Immediate Effect vs Notice Resignation

CONTACT CAPE LABOUR.

For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

Engagement checklist
 
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
Postal Code
Emergency Contact Details
First Contact
Nature of Relationship
Name and Surname
Cell Phone Number
Work Phone Number
Home Phone Number
Second Contact
Nature of Relationship
Name and Surname
Cell Phone Number
Work Phone Number (if applicable)
Employer (if applicable)
Statutory Details:
Tax Office
Tax Number
Payment Details:
Type of Account (Savings/Cheque etc.)
Branch Code
Bank Name
Branch Name
Account Number
Account Holder Name
Account Holder Relationship (own/joint)
Qualifications
Highest Qualification:
Type (Cert/Diploma/Degree)
Name of Qualification
Institution
Name of Trainer (if applicable)
Date of receiving Qualification
Other Qualification 1
Type (Cert/Diploma/Degree)
Name of Qualification
Institution
Name of Trainer (if applicable)
Date of receiving Qualification
Other Qualification 2
Type (Cert/Diploma/Degree)
Name of Qualification
Institution
Name of Trainer (if applicable)
Date of receiving Qualification
Secondary
Highest Grade achieved
Year of leaving school
High School attended

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Past Employment History
Written references of previous employers
1.
2.
3.
4.
Telephonic enquiries of previous employers
1.
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3.
4.
How to calculate average monthly remuneration

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 and form

GRIEVANCE PROCEDURE

  1. 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.

  1. 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 to have their grievances resolved fairly, quickly and as close to the point of origin as possible.
    • Employees may lodge grievances without fear of victimization. The Company assures employees that they will not be prejudiced in any way as a result of using the grievance procedure.
    • Any employee lodging a grievance in terms of this procedure is entitled to representation by an employee representative, provided that such person agrees to represent the employee.
    • Normal earnings will be paid to employees and their representatives for time spent in resolving grievances that follow the provisions of this procedure. Should an employee representative be required to spend time outside normal working hours overtime rates shall apply.
    • Each step in the procedure shall be subject to stipulated time limits. It is however accepted that these limits may be varied by mutual agreement or in relation to the availability of a person involved in the process.
    • This procedure may not be invoked as a result of any disciplinary action taken in accordance with the Company’s Disciplinary Code and Procedure.
  • STAGES OF PROCEDURE
    • Stage 1:           Immediate Supervisor
      • An employee with a grievance should (other than of the grievance related directly to his immediate supervisor) first report the grievance to his immediate supervisor verbally. The supervisor must endeavour to resolve the grievance and communicate the outcome to the employee within three (3) working days.
      • In the event of the grievance not being resolved to the satisfaction of the employee within three (3) working days, or in the event of the grievance relating directly to his immediate supervisor, the employee may refer the grievance to an employee representative. The purpose of such referral is to seek their advice. The employee may, accompanied by the employee representative approach the immediate supervisor, who will make a further attempt to resolve the grievance. It must be understood that this process is designed to give the supervisor every opportunity to resolve the issue and to prevent the grievance from escalating into a conflict situation. If this step fails the HOD (Department Head / Occupational Coordinator should be informed and should call a meeting to resolve the issues at hand.
      • The employee is however entitled to proceed to Stage 2 if it is felt that no purpose would be served by discussing the matter with the supervisor again.

 

  • Stage 2:           Next level
    • The employee must invoke Stage 2 within five (5) working days of having received a response from the Supervisor/HOD in respect of Stage 1.
    • A grievance form (Form 1) must be completed and signed by the employee and the employee representative (if the employee has requested such involvement). The duly completed Form 1 should be handed to the next level namely the HOD (Department Head or Occupational Coordinator) and the HR Manager.
    • The employee, accompanied by the employee representative and/or the HOD (Departmental Head or Occupational Coordinator) must then approach the HR Manager, who shall endeavour to resolve the grievance.
    • The HOD or HR Manager shall be required to provide a written response to the grievance on Form 2. If the grievance is not settled to the satisfaction of the employee within five (5) working days, Stage 3 shall be invoked.

 

  • Stage 3:           General Manager or Designated Manager
    • The grievance form (Form 1) completed at Stage 2 shall be handed in by the employee and the employee representative to the HOD (Department Head / Occupational Coordinator) and the HR Manager will then hand the form over to the CEO and the Management Committee for a final resolve of the grievance.
    • The CEO and Management Committee shall within five (5) working days of the receipt of the grievance form, hold a meeting in an attempt to resolve the matter.
    • This meeting may be attended by the aggrieved employee, the representative (if required), the immediate supervisor, the HOD (Department Head / Occupational Coordinator), the HR Manager and the CEO. The CEO will determine the parties that will contribute to the constructive resolution of the grievance and require their attendance. The CEO will chair the meeting.
    • The CEO will record his/her response in writing using Form 2 and provide his/her response to the employee within two (2) days of the meeting.
    • The meeting procedure may include any of the following steps:

3.3.5.1 An investigation carried out by the management into the facts of the case in preparation of the meeting;

  • The parties shall agree the time, date and venue for the meetings. Every endeavour shall be made to ensure that this time period meets the relevant time periods but reasonable extensions must be fairly considered if necessary.
  • The employee shall inform the chairperson should there be a need to use the services of an interpreter, prior to the meeting.
  • The chairperson of the meeting will be responsible for the process followed in the meeting. In this regard he or she should consider the following processes:
    • All relevant information is made available to the parties prior to or at the meeting for consideration;
    • All relevant witnesses (if applicable) which the parties may wish to call are notified in accordance to be available at the time of the meeting;
    • The employee and the Company or their representatives have an opportunity to present their case fully and to ask questions of each other’s witnesses;
    • Minutes of the meeting are taken in summary form
  • The chairman shall submit the written solution to the appropriate person in terms of the requirements of the relevant stages of the procedure.

 

Download Grievance Form Template

GRIEVANCE FORM TEMPLATE

PLACE:___________________      DEPARTMENT:________________    DATE:______________

 

 

NAME OF EMPLOYEE:_________________________                EMPLOYEE NO:______________

 

REPRESENTATIVE:___________________________

 

I HAVE THE FOLLOWING GRIEVANCE:
 
 
 
 
 
 
 
 

 

ON INVESTIGATION THE FOLLOWING STEPS WERE TAKEN:
 
 
 
 
 
 
 
 

 

REFER TO NEXT LEVEL YES/NO:________

 

DATE REFERRED:____________________                    SIGNATURE:__________________

 

ACTION TAKEN ON NEXT LEVEL:
 
 
 
 
 
 
 
 
 
 

 

GRIEVANCE RESOLVED YES/NO:_________

 

 

ACKNOWLEDGEMENT OF RECEIPT:_______________

 

ON BEHALF OF THE COMPANY:__________________      POSITION TITLE:_________

Download Grievance Form Template

DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 1 DECEMBER 2015

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 Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period 1 December 2014 to
30 November 2015 Minimum rates for the period 1 December 2015 to
30 November 2016 Minimum rates for the period
1 December 2016 to
30 November 2017
Hourly Rate (R ) 10.59 Hourly Rate (R ) 11.44 Previous years minimum wage + CPI*** +2.5% Hourly Rate (R ) Previous years minimum wage + CPI*** +2.5%
Weekly Rate (R ) 476.68 Weekly Rate (R ) 514.82 Weekly Rate (R )
Monthly Rate (R ) 2065.47 Monthly Rate (R ) 2230.70 Monthly Rate (R )
Wages in Area A will be subjected to a CPI plus 2.5% increase for the period 1 December 2015 to 30 November 2016. The CPI***(for the lowest quintile) six weeks prior to 1 December 2015 is 5.5%.This means that wages for this period was calculated as follows: CPI plus 2.5% for Area A = 5.5% + 2.5% =8%.

Area B
Areas not mentioned in Area A
Minimum rates for the period 1 December 2014 to 30 November 2015 Minimum rates for the period 1 December 2015 to 30 November 2016 Minimum rates for the period 1 December 2016 to 30 November 2017
Hourly Rate (R ) 9.30 Hourly Rate (R ) 10.23 Previous years minimum wage + CPI*** +4.5% Hourly Rate (R ) Previous years minimum wage + CPI*** +4.5%
Weekly Rate (R ) 418.32 Weekly Rate (R ) 460.15 Weekly Rate (R )
Monthly Rate (R ) 1812.57 Monthly Rate (R ) 1993.82 Monthly Rate (R )
Wages in Area B will be subjected to a CPI plus 4.5% increase for the period 1 December 2015 to 30 November 2016. The CPI***(for the lowest quintile) six weeks prior to 1 December 2015 is 5.5%.This means that wages for this period was calculated as follows: CPI plus 4.5% for Area B = 5.5% + 4.5% =10%.

Table 2 Minimum wages for domestic workers who work 27 ordinary hours per week or less
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 Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period
1 December 2014 to
30 November 2015 Minimum rates for the period
1 December 2015 to
30 November 2016 Minimum rates for the period
1 December 2016 to
30 November 2017
Hourly Rate (R ) 12.40 Hourly Rate (R ) 13.39 Previous years minimum wage + CPI*** +2.5% Hourly Rate (R ) Previous years minimum wage + CPI*** +2.5%
Weekly Rate (R ) 337.74 Weekly Rate (R ) 361.50 Weekly Rate (R )
Monthly Rate (R ) 1450.33 Monthly Rate (R ) 1566.35 Monthly Rate (R )
Wages in Area A will be subjected to a CPI plus 2.5% increase for the period 1 December 2015 to 30 November 2016. The CPI***(for the lowest quintile) six weeks prior to 1 December 2015 is 5.5%.This means that wages for this period was calculated as follows: CPI plus 2.5% for Area A = 5.5% + 2.5% =8%.

Area B
Areas not mentioned in Area A
Minimum rates for the period
1 December 2014 to
30 November 2015 Minimum rates for the period
1 December 2015 to
30 November 2016 Minimum rates for the period
1 December 2016 to
30 November 2017
Hourly Rate (R ) 10.98 Hourly Rate (R ) 12.07 Previous years minimum wage + CPI*** +4.5% Hourly Rate (R ) Previous years minimum wage + CPI*** +4.5%
Weekly Rate (R ) 296.35 Weekly Rate (R ) 325.98 Weekly Rate (R )
Monthly Rate (R ) 1284.09 Monthly Rate (R ) 1412.49 Monthly Rate (R )
Wages in Area B will be subjected to a CPI plus 4.5% increase for the period 1 December 2015 to 30 November 2016. The CPI*** (for the lowest quintile) six weeks prior to 1 December 2015 is 5,5%.This means that wages for this period was calculated as follows: CPI (for the lowest quintile) plus 4.5% for Area B = 5.5% + 4.5% =10%.

Unfair discrimination article

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 depressed, fail to fulfil his/her duties and responsibilities in a productive manner and lack the willingness to continue tendering his/ her services. Employers who lack knowledge of mental illness unfairly discriminate against the employee. As a result thereof, the employee may resign voluntarily, may conclude a settlement agreement, may allege a constructive dismissal or unfair discrimination case by declaring a labour dispute. On the other hand, there are employers who do not unfairly discriminate directly or indirectly against the employee and they strive to prohibit and eliminate unfair discrimination in the workplace. However, employers in South Africa have a long way to go to promote equality and prevent unfair discrimination in the workplace.

Bernard Reisner
Cape Labour and Industrial Consultants

Disability resulting from stress, anxiety and mental disorder

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 was incoherent, not of sound mind which affected Alan’s dignity. Alan had previously been diagnosed with bi-Polar condition by his psychiatrist. Kevin insulted, demeaned and intimidated Alan during the course and scope of the employment relationship.
Kevin continued to slander and be offensive towards Alan for weeks on end. Due to the continued harassment and victimization by Kevin, Alan contacted his medical practitioner who booked him off work for a period of seven working days. The medical certificate was emailed to the employer and reflected that Alan had been booked off by his doctor for anxiety and stress.

Discrimination on the grounds of disability
Kevin revealed the contents of the medical certificate to Alan’s colleagues, without Alan’s consent which is unlawful in terms of section 90 of the Basic Conditions of Employment Act. After seeking advice from a labour relations consultant, Alan lodged a formal written grievance in terms of the company’s grievance procedure and code. The grievance remained unresolved and Alan lodged a labour dispute at the CCMA for unfair discrimination on the grounds of disability. Due to the irretrievable breakdown in the working relationship, Alan settled his labour dispute and was paid a substantial amount of compensation for his discrimination claim at the CCMA.

*Not their real names

For further information on any labour related matters, you can contact Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za
Managing staff expenses and work schedules during Power Outages/ Loadshedding

 

Managing staff expenses and Work Schedules during power outages/load shedding.

Eskom’s load shedding is putting a damper on the prospects of many small businesses. It is undermining business confidence, may result in retrenchment of staff and loss of income for both the employee and the employer.

Frequently Asked Questions:

CAN AN EMPLOYER REFUSE TO PAY AN EMPLOYEE FOR TIME LOST DURING A POWER FAILURE?

The employment contract is a reciprocal service contract which is governed by the common law, and supplemented by the Basic Conditions of Employment Act 75 of 1997, in terms of which contract the employee agrees to work for the employer and the employer agrees to pay the employee a specified remuneration for the work. The employer’s obligation to pay is subject to the employee doing the work. Where the employee in fact offers to do the work (tender service) and the employer does not want the employee to work or cannot provide the employee with the work (for whatever reason) the employer must still pay the employee.

CAN THE EMPLOYER TREAT THESE STOPPAGES DUE TO POWER FAILURES AS MEAL INTERVALS, THEREBY REDUCING THE COSTS?

Section 14 of the BCEA for example provides that employees must be paid for any lunch break in excess of 75 minutes, unless the employee lives on the premises. These provisions therefore make it impossible to save wages during power failures by instructing staff to take lunch breaks.

MUST THE EMPLOYER PAY THE EMPLOYEE OVERTIME IF HE WANTS TO CATCH UP PRODUCTION AT THE END OF THE WORKDAY?

If any hours lost during the day as a result of power failures are regarded as work hours, which such hours clearly still are, then any work after normal hours will be regarded as overtime and will still be subject to additional pay. This means that where the employer lost 2 hours production time during the day and wishes to catch it up by working 2 hours longer after normal working hours, he will be obliged to pay overtime, thus actually increasing the cost of the power failure.

CAN I RESTRUCTURE WORKING HOURS TO MINIMISE THE EFFECT OF POWER FAILURES?

Employers and employees can agree to almost anything as long as it is not prohibited by law. Many employers, especially in a production environment, will have to consider changes to their work hours or shift structures to minimize the financial losses caused by power failures. It is however obvious that pro-active steps to reduce losses would only be possible as far as structured load shedding is concerned and that it would be impossible to provide for unforeseen power failures.
One can also propose to employees that payment in terms of the employment contract as a result of power failures due to load shedding be suspended during such period of power failure, and thus employees are not paid for such period, which would be permissible in law for employees whom agree thereto.
All the measures designed to reduce costs and cater for prejudice to the employer in the event of load shedding /power failures requires consensus with, and agreement by, the employees. If employees agree, a change is effected, put in writing, signed, which will resolve the matter.
However, what would the case be where employees refuse to agree?

HOW DO I IMPLEMENT CHANGES IF EMPLOYEES DO NOT WANT TO AGREE?

Any of the above changes, as stated, can only come about by agreement. The changes referred to above cannot be implemented unilaterally. The following process can be adopted in the case where there is no such agreement or the employees refuse to agree.
Where the employees belong to a trade union, the employer would have to consult with the union regarding the changes to working hours or shift times or payment terms before implementing any changes. Where no trade union exists, staff should be consulted directly in this regard.
If the trade union or staff refuse to accept these proposed changes, the employer may utilise the provisions of Section 189 or 189A (whatever is applicable) to effect a change. This means that the employer will argue that due to its operational requirements, it needs to restructure its business in the form of a change to conditions of employment, by either changing shifts, or working hours, or suspending payment during power failures. These are clearly both economical and structural reasons as contemplated by Section 213 of the Labour Relations Act.
The end result is that employees that refuse to accept the change in working hours may be retrenched after proper consultation, and replaced with employees who are willing to work under such terms proposed.
Due to the time needed to consult (especially in terms of Section 189 A), these steps will only be viable once it is certain that load shedding schedules will be implemented consistently and that it will apply for long periods of time. If not, the effort and effect of restructuring on the business may be even more costly than the loss of production during these power failures.
Provided that a proper process is followed, the employer would be able to have working conditions changed by either having working hours amended to correspond with load shedding, or to have payment suspended if employees cannot work due to load shedding.

For further information you can contact Bernard Reisner:

W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

Domestic Workers and Wage Increase

Despite a series of national public hearings hosted by the Department of Labour early in this year, domestic workers do not have much to rejoice about as the minimum annual wage increase is nominal. The minimum wage with effect from 01 December 2014 to 30 November 2015 in the City of Cape Town area, for those domestic workers who work more than 27 ordinary hours per week is R10.59 per hour, R476.68 per week or R2065.47 per month.

Minimum wages for domestic worker who work 27 ordinary hours per week or less are to be paid R12.40 per hour, R334.74 per week or R1450.33 per month.

The plight of the domestic workers will continue and they will strive to seek decent working and living conditions. Early in next year they will be given more rights in terms of the Unemployment Insurance Act and we are hoping that they will be protected by COIDA, in the near future, if injured on duty, become disabled as a result of injury, contract a disease at work or die resulting from such injury or diseases.

Bernard Reisner, an Industrial Relations Consultant of Cape Labour & Industrial Consultants has published a booklet which outlines all the requirements of the law pertaining to domestic workers. The booklet is entitled “You, Your Domestic Worker and the New Laws”. It covers the wide spectrum of facts, ranging from general conditions of employment to letters of employment, a pay slip format, a written warning format and fair dismissal procedures.
The booklet can be purchased for R49.00 and is only available by means of email.

Contact Bernard Reisner on (W) 021 423 3959, (Fax) 021 423 2105 or e-mail him at bernard@capelabour.co.za for an order form.
Visit our website on www.capelabour.co.za

Feel free to browse our blog for more insights into the labour law and how to manage certain situations.

THE ESTABLISHMENT OF THE EMPLOYMENT SERVICES ACT

The Employment Services (ES) Act, passed by parliament, is now awaiting promulgation by the state president.

The new piece of legislation will play a crucial role in the labour market to provide regular, comprehensive and up to date information to shape labour market policies and programmes.

To give effect to the legislation, a process to set up an ES board, that will advise on employment services’ matters is in the process of being established and South Africa is on schedule to have it in place before the end of the year.

The ES board will exist to advise the ministry on:

• Work opportunities
• The criteria for the registration and de-registration of private employment
• Agencies and the implementation and enforcement of the provision of this act, applicable to private employment agencies
• The development of criteria and guidelines for the implementation of this act.
• The exercise of any function in terms of this act.
• The promotion of supported work for persons with disabilities.
• Any regulations that the minister may, or must, make in terms of this act.
• The publication of an annual employment services report and
• Any other matter related to employment services.

The newly-established Employment Services Act seeks to provide for public employment services.

It provides a legal status for the sheltered employment factories administered by the department, to provide for the registration and regulation of private employment agencies. It provides for the establishment of schemes to promote the employment of young job seekers and other vulnerable persons, to provide for schemes to assist employees in enterprises in distress It will regulate the employment of foreign nationals and provide for the establishment of the Employment Services Board and to provide for matters connected therewith.

The Purpose of the ES Act is to:

• Promote employment.
• Improve access to the labour market to work seekers.
• Provide opportunities for new entrants to the labour market to gain work experience.
• Improve the employment prospects of work seeker, in particular vulnerable work seekers.
• Improve the employment and re-employment prospects of employees facing retrenchments.
• Facilitate access to education and training for work seekers, in particular vulnerable work seekers.
• Promote growth and workplace productivity.
• Facilitate the employment of foreign nationals in the South African economy.
• Promote the training of South African citizens and permanent residents.

Once the board has been established, the next process would be the unveiling of the ES regulations. These will provide a practical on how to implement the law in the labour market and enhance the implementation of the law. The regulations will related to logistics of reporting of vacancies, procedure and forms in which private employment agencies may apply/ cancellation of registration. The recording of the names and prescribed details of work seekers on a register and their removal from the register. A procedure for lodging and considering complaints concerning the operation of private employment agencies or any other matter relating to the provision of public employment services.

For further information you can contact Bernard Reisner:

W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

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