What are the differences between contractors and employees? A Contractor A true independent contractor will be a registered provisional taxpayer; will work his own hours; runs his own business; will be free to carry out work for more than one client at the same time; will invoice the client for his/her services and be paid accordingly; will not be subject to usual “employment” matters such as the deduction of PAYE […]
Psychological Well-Being of an Employee 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 […]
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 […]
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 and […]
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 […]
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 Website: www.capelabour.co.za
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 […]
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 […]
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 OVERVIEW DEFINITION | WHAT IS A GRIEVANCE 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 OF A GRIEVANCE PROCEDURE Any employee who has a grievance is entitled to make use of the grievance procedure. […]
