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 […]

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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.

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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 […]

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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 […]

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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) R460.58 (Average daily remuneration)  

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Grievance procedure and form

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 […]

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PERTINENT CHANGES TO THE UNEMPLOYMENT INSURANCE AMENDMENT ACT, 2016

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 […]

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PAY RISE FOR DOMESTIC WORKERS

The new domestic worker minimum wage increase will take place from 01 December 2016 until 30 November 2017 which means that any domestic employee who works more than 27 hours  should be paid not less than R12.42 per hour, R559.09 per week and R2 422.54 per month in major metropolitan areas (Area A). It applies to all domestic workers working in the municipalities of Cape Town.   In Area B […]

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PAID PUBLIC HOLIDAY ON WEDNESDAY 03 AUGUST 2016

The Local Government elections take place tomorrow throughout South Africa. It is classified as a paid Public Holiday. Various employers are informing the employees, either verbally or in writing, that this Public Holiday is for the sole purpose of going to vote. If the employees fail to furnish proof to the employer that they have voted, the employer will not pay the employee. This is unlawful and contrary to the […]

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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 […]

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