Labour Law Blog

The Exit Interview

The exit interview is a voluntary, verbal interview between an employee who’s leaving your company and an HR person if the company has one. If there is no HR person, any other authorised person would conduct the interview. The interview often takes place one to two days before the employee actually leaves. What is the Purpose of the Exit Interview? The goal of this interaction is two-fold: firstly, the employee has […]

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National Minimum Wage Bill

National Minimum Wage Bill 1. Can you please explain exactly what the implementation of the Minimum Wage Bill would look like?   The implementation of the minimum wage bill has still some way to go. The National Assembly of our parliament has passed this bill, but it still has to go to the National Council of Provinces. There still needs to be some public input into this, and only after […]

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Breaking one’s fast during the holy month of Ramadan, whilst on shift at work

Several Muslim employees who work in call centres contacted me for labour law advice in regard to breaking one’s fast, whilst on shift at about 18h00. They advised me that weeks prior to Ramadan, the employees engaged with their employers to agree to take a few minutes off work to break their fast in order to consume a small snack. The employees advised me that their employers failed to wish […]

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CONTRACTOR VS EMPLOYEE

Contractor vs Employee   What are the differences between contractors and employees?   A true independent contract will be a registered provisional tax payer; 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 […]

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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 […]

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Psychological Well-Being of an Employee in the Work Place

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 […]

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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 […]

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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 […]

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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 […]

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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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