Labour Law Blog

Latest Covid-19 regulations as from 01 October 2020

It is with some relief that we have received a Consolidated Direction under Gazette No 43751.  This Consolidated Regulation was brought into law on the 1st October 2020. These Directions override all previous Directions and to a large degree are easier to understand and to implement.   If there are less than ten employees that business needs only to apply the measures set out in Direction 12.  For employers with […]

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Compensation for Occupational Injuries and Diseases Amendment Bill and it’s inclusion of Domestic Workers.

The Bill seeks to amend the Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA”), by including domestic workers in private households to claim compensation for occupational injuries and diseases.   Fundamental changes proposed in amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) include the extension of coverage to domestic workers. The Compensation Occupational Injuries and Diseases Amendment Bill calls for the change to the definition of […]

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Labour Department Unemployment Insurance Fund Relief (UIF) For South African Companies Affected By Covid-19

The department of labour will soon formally publish special regulations offering Unemployment Insurance Fund (UIF) relief to companies that find themselves in distress due to the Covid-19 outbreak in South Africa, a senior official has said. In cases where a company is forced to shut down for a limited period as a precautionary response to the health crisis, the UIF benefit will apply. This is being done to prevent layoffs […]

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COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION

17 March 2020 To: CCMA Users, CCMA Staff and part-time Commissioners, Bargaining Councils and Private Dispute Resolution Agencies Dear All, URGENT DIRECTIVE IN RESPECT OF THE RESPONSE TO COVID 19 The spread of the Coronavirus is growing exponentially. To date 179 978 cases of the COVID 19 Coronavirus have been reported globally, with 7 100 deaths and 78 326 people having  recovered from the virus. South Africa has 62 reported […]

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Injured, disabled employees angered by collapse of R60 billion Compensation Fund

Up to 180 000 of South Africa’s most vulnerable, injured or disabled workers are outraged at having been failed by the Compensation Fund and the software system “ glitches” that have caused prolonged delays in payments since mid-2019. The Fund, a Department of Employment and Labour entity, launched the system, called Compeasy. The Fund provides compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the […]

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Hotline to enforce national minimum wage

Is your employer paying you the National Minimum Wage? If you are not paid the national minimum wage of R20.76 per hour. R18.69 per hour for farm workers. R15 57 per hour for domestic workers. R11.42 per hour for workers under the Expanded Public Works Programme. Then dial the FREE IMPIMPA HOTLINE. The Department of Employment and Labour is pumping R20 million towards marketing the Impimpa Hotline geared for enforcing […]

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Pay rise for Farm workers, Domestic workers, Expanded Public Works Programme employees and Learnership agreements from 01 March 2020 onwards.

In terms of the Government Gazette, Regulation Gazette No. 11041, Vol. 656, dated 17 February 2020, No. 43026; The National minimum wage is R20.76 for each ordinary hour worked with effect from 01 March 2020. The minimum hourly rate for Farm workers is R18.68. The new domestic worker minimum wage increase will take effect from 01 March 2020. The domestic worker shall receive a minimum hourly rate of R15.57, across […]

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Domestic workers are currently fighting for the National Minimum Wage that is equal to all other workers within South Africa.

The Minimum Wage tables for domestic workers are currently on hold for 2020. The National Minimum Wage Commission was set up in 2018 to oversee the national minimum wage recognizing all workers as equal under the law. It is currently reviewing the National Minimum Wage. Stakeholders in government, labour and business, represented in the National Economic Development and Labour Council (Nedlac), first signed the national minimum wage agreement in February […]

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Employers are independent from a retirement fund

Employees need to understand that where retirement benefits are in fact provided, the employer is a separate legal entity to the retirement fund. The purpose of a fund is to assist the employee to save for retirement. Whereas the relationship between the employer and the employee is regulated by the Labour Relations Act, the Basic Conditions of Employment Act and the Employment Equity Act, the relationship between the fund and […]

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Latest law pertaining to precautionary suspension

In the past the employer (according to CCMA and Labour Court) was obligated to consult  with the employee and allow representation before the employer unilaterally placed the employee under suspension.   An employer is not required to give an employee an opportunity to make representations before a precautionary suspension, the Constitutional Court ruled on Tuesday 19 February 2019. Where a suspension is precautionary and with full pay, there is no […]

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