The legislation is only applicable to employees meaning any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration and any other person who in any manner assists in carrying on or conducting the business of the employer. As from the 1st March 2021 this earnings threshold has been increased by the Minister of Employment […]
One year has nearly lapsed since the South African Government imposed a National Lockdown at midnight the 26 March 2020, for an initial period of approximately three weeks. Since then there have been further labour protocols implemented for those employees returning to work. Employers had to implement various regulations to safe guard the employees’ health and safety in the workplace. Thousands of employees have experienced work related issues during this […]
Domestic Worker’s employees are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA). This means that Domestic Worker’s employees will now be entitled for compensation in the event they are injured or contract diseases while on duty. As per the Act, the employee is a person who has entered into or works under contract of service or of apprenticeship or learnership, with an employer, whether the contract […]
Employers of domestic workers have used the COVID-19 pandemic as an excuse/reason to terminate the services of their domestic workers. I have had numerous employers approach me to terminate the services of their domestic worker due to COVID-19, but cannot cite this as the reason for termination as it constitutes an automatically unfair dismissal on the grounds of illness. The domestic worker could claim up to 24 months’ compensation and/or […]
Covid-19 Policy & Protocols & the Workplace. An employer should draft COVID-19 policies and protocols for its workplace, train its staff members in relation thereto and ensure that the staff have written copies thereof which each staff member signs to verify receipt thereof. It’s imperative that there should be a screening protocol for all staff arriving at work on a daily basis. The staff should complete a sheet reflecting a […]
Although employers have an obligation in terms of the Occupational Health and Safety (OHS) Act to provide a safe workplace, employees have a corresponding Constitutional right to security and control over their bodies. Our Government policy states that vaccinations are not compulsory. Notwithstanding the above, employers have to ensure that their employees adhere to COVID-19 protocols in the workplace. Namely, employees are to maintain physical distancing, sanitise frequently and wear […]
The new domestic worker minimum wage increase will take effect from 01 March 2021 is R19.09 per hour. These increases come at difficult time for both employers and employees – the latter struggling to recover from the impact of COVID 19 disruptions on earnings and employment prospects.
Basic Conditions of Employment Act (BCEA), in terms of Section 6(3) of Act No. 75 of 1997 published in Government Gazette No. 52232 on 7 March 2025, affects all employers and employees across South Africa and is effective from 1 April 2025. Basic Conditions of Employment Act All employees earning in excess of R261,748.45 per annum (approximately R21,812.37 per month) are now excluded from the following sections of the BCEA: […]
Labour minister Thulas Nxesi has published the new minimum wage for South Africa. In a gazette published on Monday evening (8 February), the minister said that the national minimum wage is now R21.69 for each ordinary hour. This change will take effect from 1 March 2021. The gazette also provides exceptions for a number of worker groups Farmworkers are entitled to minimum wage of R29.69 per hour; […]
In terms of the latest Labour Appeal Court Judgment, handed down on 10 December 2020, an employee is required to give an employer written notice to resign, as per the employee’s signed contract of employment. In the absence of a contractual stipulation of a notice period, the Basic Conditions of Employment Act applies. Taking into account the above, an employer has the right to discipline an employee for misconduct, alternatively […]