In South Africa, companies are used to giving their employees time off for Christian religious holidays such as Easter and Christmas. They fall within the “statutory” 12 public holidays annually. But what do you do if your employees have other religions and need time off for their own religious holidays? Policy The Company recognizes that the employees may wish to observe festivals and holy days required by their religious beliefs. […]
When it comes to Maternity Leave, here is what employers and employees need to know The Basic Conditions of Employment Act (BCEA) (Section 25) entitles the pregnant employee to at least four consecutive months’ unpaid maternity leave. It further stipulates that the maternity leave must commence no later than four weeks before the expected date of birth of the child. The employee may return to work before the six weeks […]
What do Employees and Employers need to know about Study Leave? Labour legislation is silent on the matter of study leave. This is a matter of arrangement between the employer and the employee and if the employer stipulates that study leave must be deducted from the employee’s annual leave entitlement or be taken as unpaid leave, then that decision must apply. You will need a policy that covers various aspects. […]
FAMILY RESPONSIBILITY LEAVE Employees who have been in employment with the same employer for more than four (4) months and who work for the same employer for at least 4 days per week are entitled to three (3) days Family Responsibility Leave on full pay, per annum, with the exception of domestic workers, whose entitlement is five (5) days. Family Responsibility Leave in addition to any other leave entitlement and […]
All You Need to Know Regarding Annual Leave The Basic Conditions of Employment Act (BCEA) Section 19 onwards in Chapter 3 covers employees’ rights with respect to all types of leave. The provisions regarding all types of leave do not apply to employees who work less than 24 hours per month. Employees are entitled to 15 working days per annum on full pay. The Act states “21 consecutive days” (section […]
In this article, we answer the questions that you may be asking according to sick leave and what employees are entitled to and what counts as proof for a sick day. Questions: How much sick leave is an employee entitled to? If an employee works five days a week, he’s allowed 30 days paid sick leave in three years. If he works six days a week, he’s entitled to 36 […]
With Effect from 11 June 2021. Covid-19 vaccines can be made mandatory in South Africa. The Department of Employment and Labour has issued an updated occupational health and safety direction which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines. The Minister of Employment and Labour has gazetted a consolidated Direction on Occupational Health and Safety Measures in certain workplaces. These […]
Companies should actively encourage employees to blow the whistle and protect them Whistle-blowing employees have considerable legal protection – the Labour Relations Act and Protected Disclosure Act, and against harassment by the Companies Act. Companies should develop an effective whistle-blowing programme. It helps your business create a culture of transparency. Employees who work in companies that encourage information sharing are far more engaged, productive, driven, and connected to the company’s […]
What happens if you fail to follow and/or observe COVID-19 related health and safety protocols put in place at the workplace? The employee was charged with: Gross misconduct related to his alleged failure to disclose to the employer that he took a COVID-19 test and was waiting for his results; Gross negligence in that after receiving his COVID-19 test which he had failed to self-isolate, continued working and thus put […]
Medical aid and insurance providers generally reject claims for accidents that are alcohol or drug-related in the workplace. Employers should ensure that they are providing a safe working environment by taking all measures necessary to prevent employee accidents that are caused by alcohol consumption or drug abuse. Employees that report for duty under the influence of alcohol or drug abuse present is a real danger to themselves, their colleagues and […]