Earnings Threshold R 254371,67 per year

The earnings threshold impacts the application of provisions of the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA) and the Employment Equity Act, 1998 (EEA). In terms of the BCEA, employees earning in excess of the earnings threshold are excluded from the provisions, which regulate ordinary hours of work, overtime,…

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ELECTION DAY 2024

The upcoming Election Day on Wednesday, 29 May 2024, has been declared a public holiday throughout the Republic of South Africa.  Employers are reminded that it should be treated the same as any other public holiday. For most employees (i.e., those who work a regular week), Election Day would otherwise have been an ordinary working…

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PRESIDENT SIGNS INTO LAW THE BILL WHICH CRIMINALISES HATE CRIMES AND HATE SPEECH

This legislative measure gives effect to South Africa’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations. The Constitution sets out certain basic values, including human dignity, the achievement of equality and the advancement of human rights and freedoms…

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EXTENSION OF BARGAINING COUNCIL: FAST FOOD, RESTAURANT, CATERING AND ALLIED TRADES TO NON-PARTIES

The Bargaining Council for the Food Retail, Restaurant, Catering & Allied Trades previously known as the Bargaining Council for the Tearoom, Restaurant & Catering Trade, Pretoria, has been registered since September 1941.  Their primary function is to regulate relations between management and labour and to settle disputes between parties.  The main agreement will amongst other…

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Unfairly barred from employment because of a criminal record

Individuals with a criminal record may be faced with significant challenges when seeking employment. In South Africa, employers may legally exclude an applicant from consideration for LexisNexis. As part of the recruitment process, LexisNexis required Mr O’Connor to declare whether he had ever been criminally charged. Mr O’Connor confirmed that he had been convicted, but…

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DISCRIMINATION

Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis. The Labour Court recently considered a case of alleged discrimination for religious reasons. ·  In 2018, the Constitutional Court (CC) decriminalised the cultivation,…

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Labour inspections are on the rise!

The Department of Labour is cracking down on businesses not complying with the latest regulations.  Non-compliance can lead to hefty fines, business closure, and even legal trouble. Stay compliant and avoid these risks by ensuring that all required Legal Charts are displayed.  These include: ·  Basic Conditions of Employment Act: Covers the new earnings threshold and environmental regulations. ·  Employment Equity…

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EMPLOYING A DOMESTIC WORKER? HERE ARE YOUR RESPONSIBILITIES

If you employ a domestic worker (regardless of the hours) you are an employer and therefore legally compelled to register with and contribute to certain funds. 1.             Compensation Fund  All employers of domestic workers must register with the Compensation Fund. The term “domestic worker”includes a worker, a gardener, a driver of a vehicle, and a caretaker in a private household. Despite the majority of domestic…

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Misconduct in the workplace: Managing labour relations

Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct.  The Mondry case  In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…

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