Pay rise for domestic workers

The new domestic worker minimum wage increase will take effect from 01 January until 30 November 2018 which means that any domestic employee who works more than 27 hours  should be paid not less than R13.05 per hour, R587.40 per week and R2 545.22 per month in major metropolitan areas (Area A). It applies to all domestic workers working in the municipalities of Cape Town.   In Area B (those not […]

Continue Reading


PSYCHOLOGICAL WELL-BEING OF AN EMPLOYEE IN THE WORK PLACE

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 they are willing to assume. […]

Continue Reading


IMPACT OF DEPRESSION OF AN EMPLOYEE IN THE WORKPLACE

  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 […]

Continue Reading


Maternity Benefits

More on Maternity Benefits in South Africa: What is maternity leave UIF? 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. Who can claim it? Unemployment benefits An employee can claim unemployment benefits  who become […]

Continue Reading


EMPLOYEE RESIGNING FROM EMPLOYER ON NOTICE VERSUS EMPLOYEE RESIGNING FROM EMPLOYER WITH IMMEDIATE EFFECT.

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 […]

Continue Reading


Employing foreigners in South Africa

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 […]

Continue Reading


Referral of labour dispute on the grounds of unfair discrimination to the correct forum.

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

Continue Reading


Resignation with immediate effect

Resignation with immediate effect   Where an employee resigns from the employ of his employer and does so voluntarily, the employer may not discipline that employee after the resignation has taken effect. That is because, one the resignation has taken effect, the employee is no longer an employee of that employer does not have jurisdiction over the employee anymore. In summary, the principle to discern from the above is that […]

Continue Reading


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 […]

Continue Reading


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

Continue Reading