Labour Law
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(OW CAN A CONTRACT OF EMPLOYMENT BE USED #HANGING THE CONTRACT 4YPES OF CONTRACTS )NDElNITE CONTRACTS &IXED TERM CONTRACTS $IFFERENTIAL WAGE "ONUS PAY ,ONG SERVICE AWARDS *OB REFERENCES
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7AGE REGULATING MEASURES (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE #(!24 &INDING OUT AN EMPLOYEEgS TERMS AND CONDITIONS OF EMPLOYMENT
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7HO IS COVERED BY THE "#%! 0EOPLE EARNING ABOVE A CERTAIN AMOUNT 0ART TIME CASUAL AND TEMPORARY EMPLOYEES 0IECE WORK &REELANCE OR OUTSOURCING 6ARIATION OF BASIC CONDITIONS )NDIVIDUAL CONTRACT OF EMPLOYMENT #OLLECTIVE BARGAINING 3ECTORAL DETERMINATIONS -INISTERIAL EXEMPTIONS
0ROHIBITED EMPLOYMENT #HILD LABOUR &ORCED LABOUR %NFORCEMENT OF THE "#%! 3UMMARY OF PROVISIONS IN THE "#%! 7ORKING TIMES AND PAY &LEXIBILITY IN WORKING HOURS 0AYMENT IN KIND
$EDUCTIONS $AILY AND WEEKLY REST PERIODS ,EAVE !NNUAL LEAVE 3ICK LEAVE &AMILY RESPONSIBILITY LEAVE -ATERNITY LEAVE 5NPAID LEAVE !BSENT WITHOUT LEAVE
.OTICE !DMINISTRATION 0ROHIBITION OF VICTIMISATION AND EXPLOITATION
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7ORKPLACE BASED COLLECTIVE AGREEMENTS %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT "ARGAINING #OUNCIL !GREEMENTS (OW ARE "ARGAINING #OUNCIL !GREEMENTS MADE %NFORCEMENT OF A "ARGAINING #OUNCIL !GREEMENT 3ETTLING DISPUTES UNDER A "ARGAINING #OUNCIL
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(OW ARE SECTORAL DETERMINATIONS MADE %NFORCEMENT OF A SECTORAL DETERMINATION 3ETTLING DISPUTES UNDER A SECTORAL DETERMINATION 3UMMARY OF THE SECTORAL DETERMINATION FOR FARMWORKERS #ONTRACT OF EMPLOYMENT FOR FARMWORKERS 3UMMARY OF THE SECTORAL DETERMINATION FOR DOMESTIC WORKERS #ONTRACT OF EMPLOYMENT FOR DOMESTIC WORKERS
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%MPLOYMENT %QUITY !CT %1! /CCUPATIONAL (EALTH AND 3AFETY !CT /(3! 7HO DOES THE /(3! COVER 4HE EMPLOYEES DUTIES 4HE EMPLOYERgS DUTIES 2EPORTING ACCIDENTS OR INCIDENTS
3AFETY REPRESENTATIVES AND SAFETY COMMITTEES %NFORCEMENT OF THE /(3! 4HE -ERCHANT 3HIPPING !CT
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7HAT IS A DISPUTE $ISPUTES OF INTEREST $ISPUTES OF RIGHT 4HE ,ABOUR 2ELATIONS !CT 7HO IS COVERED BY THE ,2! 7HAT DOES THE ,2! COVER 5NFAIR LABOUR PRACTICES 7HAT STEPS CAN BE TAKEN IF AN UNFAIR LABOUR PRACTICE IS COMMITTED
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7HAT IS A DISMISSAL !UTOMATICALLY UNFAIR DISMISSALS 7HEN IS A DISMISSAL FAIR OR UNFAIR #(!24 )S A DISMISSAL UNFAIR 3UBSTANTIVE FAIRNESS 0ROCEDURAL FAIRNESS $ISMISSAL FOR MISCONDUCT &AIR REASONS &AIR PROCEDURES $ISMISSAL FOR INCAPACITY &AIR REASONS &AIR PROCEDURES 2ETRENCHMENT OR REDUNDANCY DISMISSAL &AIR REASONS &AIR PROCEDURES 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL
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#ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL (OW TO REFER THE DISPUTE TO THE RIGHT BODY !PPLYING FOR CONDONATION IF THE REFERRAL IS LATE #HART 3TEPS TO RESOLVE A LABOUR DISPUTE UNDER THE ,2! 4HE CONCILIATION MEETING 7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN A CONCILIATION MEETING 3UCCESSFUL CONCILIATION 7HAT HAPPENS IF THE CONCILIATION AGREEMENT IS NOT COMPLIED WITH 5NSUCCESSFUL CONCILIATION !RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL 7HAT IS ARBITRATION (OW TO REFER A CASE FOR ARBITRATION 4HE ARBITRATION HEARING 7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN AN ARBITRATION PROCEDURE !RBITRATION APPEALS !DJUDICATION BY THE ,ABOUR #OURT 7HAT IS ADJUDICATION (OW TO REFER A CASE FOR ADJUDICATION 7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN A ,ABOUR #OURT CASE !DJUDICATION APPEALS
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7HEN IS INDUSTRIAL ACTION NOT PERMITTED 7HAT PROCEDURES MUST BE FOLLOWED BEFORE INDUSTRIAL ACTION IS PROTECTED )F AN EMPLOYER UNILATERALLY CHANGES CONDITIONS OF EMPLOYMENT %MPLOYEESg AND EMPLOYERgS RIGHTS IN PROTECTED INDUSTRIAL ACTION 4RADE UNIONS 7HAT ARE THE AIMS OF TRADE UNIONS 0AYING FOR THE UNION n SUBSCRIPTIONS 4HE RIGHT OF EMPLOYEES TO FORM JOIN AND TAKE PART IN TRADE UNIONS 4RADE UNION RIGHTS IN THE WORKPLACE
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5NEMPLOYMENT )NSURANCE &UND 7HO IS A CONTRIBUTOR TO THE 5)& 7HO IS NOT COVERED BY 5)& (OW DO EMPLOYEES BECOME CONTRIBUTORS TO THE 5)& (OW MUCH DO EMPLOYEES CONTRIBUTE TO THE &UND (OW MUCH DO EMPLOYEES GET PAID WHEN APPLYING FOR BENElTS 7HEN IS A CONTRIBUTOR NOT ENTITLED TO RECEIVE BENElTS
4YPES OF 5)& BENElTS 5NEMPLOYMENT BENElTS )LLNESS BENElTS -ATERNITY BENElTS !DOPTION BENElTS $EPENDENTgS BENElTS
(OW DO EMPLOYEES CLAIM 5)& BENElTS #LAIMING UNEMPLOYMENT BENElTS #LAIMING ILLNESS BENElTS #LAIMING MATERNITY BENElTS #LAIMING ADOPTION BENElTS #LAIMING DEPENDENTgS BENElTS (OW TO GET COPIES OF BIRTHMARRIAGEDEATH CERTIlCATES
7HAT IF THE 5)& BENElTS ARE USED UP AND THE EMPLOYEE IS STILL UNEMPLOYED 7HAT IF THE APPLICATION FOR NORMAL BENElTS IS REFUSED 5)& APPEALS &URTHER APPEALS
4ERMINATION OF BENElTS
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7HEN CAN AN EMPLOYEE CLAIM COMPENSATION 7HO CAN CLAIM COMPENSATION FROM THE &UND 7HO CONTRIBUTES TO THE &UND 7HEN WILL THE &UND NOT PAY COMPENSATION /CCUPATIONAL DISEASES AND INJURIES $ISEASES )NJURIES -OTOR VEHICLE ACCIDENTS WHILE WORKING 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE 4EMPORARY DISABILITY 0ERMANENT DISABILITY $EATH BENElTS 7HO CAN CLAIM COMPENSATION WHEN AN EMPLOYEE DIES IN THE COURSE AND SCOPE OF DUTY
-EDICAL EXPENSES !DDITIONAL COMPENSATION 3TEPS TO CLAIM DISABILITY (OW IS THE COMPENSATION MONEY PAID 4EMPORARY DISABILITY 0ERMANENT DISABILITY /BJECTIONS AND APPEALS
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7HAT IS EMPLOYEEgS TAX 7HAT IS 3)4% 7HAT IS 0!9% 7HEN MUST AN EMPLOYEE PAY TAX (OW MUCH TAX DO YOU PAY 7HAT INFORMATION MUST YOU GIVE TO EMPLOYERS 2EBATES 4AX ON BONUS PAY AND RETRENCHMENT PAY 0ART TIME WORK AND CASUAL WORK 4AX ASSESSMENTS
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(OW DOES A PENSION OR PROVIDENT FUND WORK 4YPES OF FUNDS AND BENElTS "ARGAINING #OUNCIL FUNDS #OMPLAINTS ABOUT PAYMENTS FROM PENSION FUNDS 4HE 0ENSION &UNDS !DJUDICATOR 7HO CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 4IME LIMITS
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!DVANTAGES AND DISADVANTAGES OF -EDICAL !ID 3CHEMES -EDICAL 3CHEMES !CT
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4HE .ATIONAL 1UALIlCATIONS &RAMEWORK .1& 4HE 3KILLS $EVELOPMENT ,EVY 'RANT SCHEME 0AYING THE 3KILLS $EVELOPMENT ,EVY (OW ARE THE LEVIES USED 'ETTING A 3KILLS $EVELOPMENT 'RANT 3KILLS $EVELOPMENT &ACILITATORS
02/",%-3 -ONEY IS DEDUCTED FROM AN EMPLOYEEgS WAGES %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY %MPLOYEE IS PAID BELOW THE MINIMUM WAGE $ISMISSED EMPLOYEE WANTS THE JOB BACK n HOW TO APPLY FOR REINSTATEMENT OR COMPENSATION 2ETRENCHMENT %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY n WITH NO PREVIOUS RECORD OF DRUNKENESS %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY n THE EMPLOYEE IS SUFFERING FROM ALCOHOLISM
#ONTRACT EMPLOYEES ARE DISMISSED BEFORE THE CONTRACT IS DUE TO TERMINATE #ONTRACT EMPLOYEES ARE NOT PAID OVERTIME #ASUAL EMPLOYEE IS NOT PAID SICK LEAVE #ONTRACT EMPLOYEES CONTRACT HAS NOT BEEN RENEWED !PPLICATION FOR 5)& BENElTS IS TOO LATE %MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5NEMPLOYMENT )NSURANCE &UND &AILING TO SIGN THE 5NEMPLOYMENT REGISTER ,ONG DELAY IN PAYING COMPENSATION %MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY )NJURED EMPLOYEE IS OFF WORK AND IS NOT GETTING PAID %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB %MPLOYEEgS COMPENSATION HAS BEEN REFUSED %MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE
-/$%, ,%44%23 !.$ &/2-3 #ONTRACT OF EMPLOYMENT ,ETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT ,ETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY ,ETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM ,ETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)& ,ETTER TO 5)& BECAUSE BENElTS HAVE NOT BEEN PAID ,ETTER TO #OMPENSATION #OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED ,ETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING (OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR ,2! &ORM n 2EFERRING A DISPUTE TO THE ##-! FOR RESOLUTION #OMPENSATION &ORM 7#,
#(%#+,)343 #HECKLIST FOR A LABOUR PROBLEM #HECKLIST TO PREPARE FOR ARBITRATION #HECKLIST TO PREPARE A CLAIM FOR REINSTATEMENT #HECKLIST FOR PROBLEMS ABOUT 5)& #HECKLIST FOR #OMPENSATION PROBLEMS
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)NTRODUCTION 4HIS CHAPTER COVERS LAWS IN 3OUTH !FRICA WHICH DIRECTLY AFFECT THE WORKING CONDITIONS OF EMPLOYEES AS WELL AS DISPUTES IN THE WORKPLACE AND WAYS OF RESOLVING THESE 7E FOCUS ON THE FOLLOWING LAWS THAT AFFECT EMPLOYERS AND EMPLOYEES ,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT "ASIC #ONDITIONS OF %MPLOYMENT !CT .O OF "#%! /CCUPATIONAL (EALTH AND 3AFETY !CT .O OF /(3! $ISPUTES AND WAYS OF SETTLING DISPUTES ,ABOUR 2ELATIONS !CT .O OF ,2! %MPLOYMENT %QUITY !CT .O OF %%! %MPLOYEE SOCIAL WELFARE AND BENEFITS 5NEMPLOYMENT )NSURANCE #ONTRIBUTIONS !CT .O OF #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT .O OF #/)$! 3KILLS $EVELOPMENT !CT .O OF 3KILLS $EVELOPMENT ,EVIES !CT .O OF -EDICAL 3CHEMES !CT .O OF
4HE CONTRACT OF EMPLOYMENT )F YOU AGREE TO WORK FOR SOMEONE AND THAT PERSON AGREES TO PAY YOU FOR THIS WORK THEN YOU AND THE EMPLOYER HAVE A CONTRACT OF EMPLOYMENT 9OU ARE CALLED THE EMPLOYEE 4HE TYPE OF WORK THAT YOU MUST DO HOURS OF WORK WAGES A PLACE TO LIVE WHERE APPROPRIATE AND SO ON CAN ALL BE PART OF YOUR AGREEMENT WITH YOUR EMPLOYER 4HESE ARE CALLED CONDITIONS OF EMPLOYMENT 4HEY ARE EXPRESS TERMS OF THE CONTRACT %VEN IF YOU AND THE EMPLOYER DID NOT TALK ABOUT SOME CONDITIONS OF EMPLOYMENT FOR EXAMPLE TAKING ANNUAL LEAVE AND IT IS THE CUSTOM THAT ALL EMPLOYEES TAKE ANNUAL LEAVE THEN YOU CAN ALSO TAKE ANNUAL LEAVE 4HIS IS PART OF YOUR CONTRACT EVEN IF YOU DID NOT TALK ABOUT IT 4HESE ARE IMPLIED TERMS OF THE CONTRACT 4HE LAW SAYS THAT A CONTRACT DOES NOT HAVE TO BE IN WRITING )F TWO PEOPLE SPEAK AND THEY AGREE ABOUT THE CONTRACT THEN THIS CONTRACT IS CALLED A VERBAL CONTRACT ! VERBAL CONTRACT IS ALSO LEGAL AND ENFORCEABLE ! WRITTEN CONTRACT IS BETTER )F ALL THE CONDITIONS OF THE CONTRACT ARE WRITTEN ON A PIECE OF PAPER AND THE EMPLOYER SIGNS THE PAPER THEN YOU HAVE PROOF OF WHAT WAS AGREED 3ECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT SAYS THAT EXCEPT FOR EMPLOYEES WORKING LESS THAN HOURS PER MONTH AND EMPLOYERS WHO EMPLOY LESS THAN PEOPLE THE EMPLOYER MUST GIVE EMPLOYEES CERTAIN PARTICULARS IN WRITING ABOUT THE JOB THESE PARTICULARS INCLUDE s A DESCRIPTION OF THE JOB s THE HOURS THAT THE EMPLOYEE WILL BE EXPECTED TO WORK s ORDINARY AND OVERTIME RATES OF PAYMENT INCLUDING PAYMENT IN KIND FOR EXAMPLE ACCOMMODATION AND ITS VALUE s ANY DEDUCTIONS TO BE MADE s HOW MUCH LEAVE THE EMPLOYEE WILL GET s THE NOTICE PERIOD s THE NAME AND ADDRESS OF THE EMPLOYER s THE DATE OF PAYMENT
)F AN EMPLOYEE CANgT READ THE PARTICULARS MUST BE EXPLAINED IN A LANGUAGE THE EMPLOYEE UNDERSTANDS )F YOU HAVE A CONTRACT BUT YOU DO NOT DO THE THING THAT WAS AGREED THEN YOU BREAK THE CONTRACT 4HE LAW SAYS THAT IF ONE PERSON BREAKS A CONTRACT THEN THE OTHER PERSON CAN USE THE LAW TO FORCE THAT PERSON TO DO WHAT WAS AGREED "REAKING A CONTRACT IS ALSO CALLED A BREACH OF CONTRACT 3EE S A P OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT FOR PARTICULARS OF EMPLOYMENT THAT MUST BE PROVIDED IN WRITING TO EMPLOYEES WHEN THEY START THEIR EMPLOYMENT WITH SOMEONE ! CONTRACT OF EMPLOYMENT MUST COMPLY WITH TERMS AND CONDITIONS OF EMPLOYMENT IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! OR COLLECTIVE AGREEMENT OR SECTORAL DETERMINATION DEPENDING ON WHAT THE EMPLOYEE IS COVERED BY AND ANY OTHER LAWS WHICH PROTECT EMPLOYEES SUCH AS THE ,ABOUR 2ELATIONS !CT AND THE /CCUPATIONAL (EALTH AND 3AFETY !CT )F A CONTRACT BREAKS ANY OF THESE PROTECTIVE LAWS IT IS NOT ENFORCEABLE UNLESS THE CONDITIONS ARE MORE FAVOURABLE TO THE EMPLOYEE )F AN EMPLOYEE IS COVERED BY THE "#%! TERMS AND CONDITIONS OF EMPLOYMENT IN THE "#%! OVERRIDE THOSE IN ANY CONTRACT OF EMPLOYMENT WHICH ARE LESS FAVOURABLE TO THE EMPLOYEE THAN THOSE IN THE "#%! )N OTHER WORDS THE CONTRACT CAN NOT BE LESS FAVOURABLE TO THE EMPLOYEE THAN THE CONDITIONS LAID DOWN IN THE LAW 3EE PAGE -ODEL CONTRACT OF EMPLOYMENT
(/7 #!. ! #/.42!#4 /& %-0,/9-%.4 "% 53%$ )F THE EMPLOYER BREAKS A CONTRACT OF EMPLOYMENT THEN AN EMPLOYEE CAN SUE THE EMPLOYER IN A CIVIL COURT CASE FOR BREACH OF CONTRACT OR APPROACH THE $EPARTMENT OF ,ABOUR OR THE ##-! IN CERTAIN INSTANCES )T IS EASIER TO PROVE THAT AN EMPLOYER BROKE A CONTRACT OF EMPLOYMENT IF THE CONTRACT IS IN WRITING 3EE PAGE #IVIL CLAIMS 4HE EMPLOYEE IS ALWAYS ENTITLED TO AT LEAST THE TERMS AND CONDITIONS IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! )F THE BREACH OF CONTRACT GOES AGAINST A TERM OR CONDITION IN THE "#%! THEN AN EMPLOYEE CAN GO TO THE $EPARTMENT OF ,ABOUR AND LAY A COMPLAINT 4HE $EPARTMENT WILL ATTEMPT TO GET AN UNDERTAKING FROM THE EMPLOYER TO APPLY THE CONTRACT OF EMPLOYMENT WHERE NECESSARY THE )NSPECTOR FROM THE $EPARTMENT OF ,ABOUR WILL ISSUE A #OMPLIANCE /RDER WHICH TELLS THE EMPLOYER TO COMPLY WITH THE "#%!
#(!.').' 4(% #/.42!#4 !N EMPLOYER CAN CHANGE THE CONTRACT AFTER PROPER NEGOTIATION EVEN IF THE EMPLOYEE DOES NOT AGREE TO THE CHANGES ! CHANGE IN A CONTRACT IS LIKE A NEW CONTRACT 4O CHANGE THE CONTRACT THE EMPLOYER MUST GIVE NOTICE OF THE CHANGE TO THE EMPLOYEE AND MUST ATTEMPT TO NEGOTIATE THE NEW TERMS AND CONDITIONS WITH THE EMPLOYEE )F THE EMPLOYER AND EMPLOYEE CANNOT AGREE ABOUT THE CHANGES IN THE INDIVIDUAL CONTRACT THEN THE EMPLOYER MAY JUST GO AHEAD AND INTRODUCE THE CHANGES )F THE EMPLOYEE ACCEPTS THE NEW CONDITIONS AND GOES ON WORKING THEN THE NEW CONDITIONS BECOME PART OF THE CONTRACT )F THE EMPLOYEE DOES NOT AGREE TO THE CHANGES THEN HE OR SHE CAN s 2EFER A DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL IN TERMS OF SECTION OF THE ,ABOUR 2ELATIONS !CT 4HE EMPLOYEE CAN ASK THE ##-! TO ISSUE A NOTICE TO INSTRUCT THE EMPLOYER TO RESTORE THE TERMS AND CONDITIONS WHICH APPLIED BEFORE THE CHANGE TOOK PLACE 4HE EMPLOYER MUST COMPLY WITH THIS NOTICE WITHIN HOURS OF RECEIVING IT s REFUSE TO ACCEPT THE CHANGES )F THE EMPLOYER THEN DISMISSES THE EMPLOYEE IT MIGHT WELL BE AN AUTOMATICALLY UNFAIR DISMISSAL s CHOOSE TO STOP WORKING FOR THE EMPLOYER )F THE EMPLOYEE WAS FORCED TO RESIGN OR RETRENCHED OR DISMISSED AS A MEANS TO GET THE EMPLOYEE TO ACCEPT THE CHANGES IT MAY BE AN AUTOMATICALLY UNFAIR DISMISSAL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
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7HERE A REGISTERED TRADE UNION HAS SIGNED A COLLECTIVE AGREEMENT WITH THE EMPLOYER AND WHERE THE EMPLOYER CHANGES THIS AGREEMENT WITHOUT THE AGREEMENT OF THE UNION THE UNION AND ITS MEMBERS CAN GO TO THE ##-! TO CLAIM THAT THE EMPLOYER HAS BROKEN THE COLLECTIVE AGREEMENT
490%3 /& #/.42!#43 4HERE ARE TWO TYPES OF CONTRACTS INDEFINITE AND FIXED TERM TEMPORARY CONTRACTS
).$%&).)4% #/.42!#43 -OST EMPLOYMENT CONTRACTS ARE INDEFINITE CONTRACTS 4HIS MEANS THAT WHEN AN EMPLOYEE STARTS WORKING FOR THE EMPLOYER NO ONE KNOWS WHEN THE CONTRACT WILL END !N INDEFINITE CONTRACT CAN ONLY BE ENDED IN THE FOLLOWING WAYS s BY DISMISSAL OR TERMINATION OF THE CONTRACT OF EMPLOYMENT s BY CANCELLATION OF THE CONTRACT BY THE EMPLOYEE OR THE ORGANISATION s WHEN THE EMPLOYEE REACHES THE NORMAL RETIREMENT AGE LAID DOWN BY THE COMPANY OR THE INDUSTRY s BY THE DEATH OF THE EMPLOYEE
&)8%$ 4%2- #/.42!#43 )F THE EMPLOYEE AND THE EMPLOYER BOTH AGREE AT THE START OF THE CONTRACT THAT THE CONTRACT IS GOING TO END WITHIN A FIXED PERIOD OR WHEN CERTAIN WORK IS COMPLETED THEN IT IS A FIXED TERM CONTRACT #ONTRACT EMPLOYEES AND SEASONAL EMPLOYEES ARE TWO KINDS OF EMPLOYEES WITH FIXED TERM CONTRACTS )T OFTEN HAPPENS PARTICULARLY ON FARMS THAT THE EMPLOYER GOES TO OTHER AREAS TO GET PEOPLE TO WORK ON THE FARM ON A TEMPORARY BASIS 4HE EMPLOYEES THEN LEAVE THEIR HOMES AND GO TO WORK ON THIS FARM 4HESE EMPLOYEES MAY BE REFERRED TO AS CONTRACT EMPLOYEES 5SUALLY THE FARMER AND THESE EMPLOYEES HAVE A FIXED TERM CONTRACT FOR A SPECIFIED TIME )F AN EMPLOYEE HAS A CONTRACT WITH THE FARMER THEN THE CONDITIONS OF THAT CONTRACT ARE THE CONDITIONS OF EMPLOYMENT 3OME FARMS HAVE TIMES WHEN EXTRA EMPLOYEES ARE NEEDED 4HESE TIMES ARE CALLED SEASONS )F AN EMPLOYEE ONLY WORKS ON THE FARM FOR A SEASON THEN HE OR SHE IS CALLED A SEASONAL EMPLOYEE 4HE SEASONAL EMPLOYEE KNOWS WHEN THE CONTRACT STARTS AND WHEN THE CONTRACT ENDS &OR BOTH CONTRACT EMPLOYEES AND SEASONAL EMPLOYEES THE EMPLOYER MUST PAY EMPLOYEES FOR THE FULL CONTRACT TIME EVEN IF THERE IS NO MORE WORK FOR THE EMPLOYEES TO DO )F AN EMPLOYEEgS CONTRACT IS FOR ONE YEAR THEN THE EMPLOYER MUST PAY THE EMPLOYEE FOR THE FULL YEAR UNLESS THE CONTRACT ENDS BECAUSE OF THE EMPLOYEEgS FAULT )F THE CONTRACT IS FOR ONE SEASON THEN THE EMPLOYER MUST PAY THE EMPLOYEE FOR THE WHOLE SEASON 4HE EMPLOYER CANNOT STOP THE FIXED TERM CONTRACT EARLIER THAN THE CONTRACTED PERIOD UNLESS THE CONTRACT MAKES PROVISION FOR THIS
$)&&%2%.4)!, 7!'% )F THE EMPLOYER TELLS AN EMPLOYEE TO DO SOMEONE ELSEgS JOB IN A HIGHER CATEGORY OF PAY THAN THE EMPLOYEEgS OWN JOB THEN THE EMPLOYEE SHOULD GET THE HIGHER WAGE IF HESHE PERFORMS THIS WORK FOR AN EXTENDED NUMBER OF DAYS %QUAL PAY FOR WORK OF %QUAL VALUE
!N EMPLOYER CAN ASK AN EMPLOYEE TO DO WORK BELOW HIS OR HER OWN PAY CATEGORY BUT THE EMPLOYEE SHOULD NOT GET PAID LESS THAN HIS OR HER OWN NORMAL WAGE AND ALSO PROVIDED THE EMPLOYER IS NOT DOING THIS TO MAKE THE EMPLOYEES LIFE AT WORK INTOLERABLE 4HE "#%! DOESNgT HAVE A RULE ABOUT DIFFERENTIAL WAGES "UT IF AN EMPLOYER REFUSED TO PAY THE HIGHER WAGE THE EMPLOYEE COULD TAKE A DISPUTE ABOUT UNFAIR PAYMENT TO A "ARGAINING #OUNCIL IF ONE EXISTS FOR THE INDUSTRY OR THE $EPARTMENT OF ,ABOUR
"/.53 0!9 g"ONUS PAYg MEANS MONEY PAID TO EMPLOYEES WHICH IS OVER AND ABOVE THEIR WAGES AND OVERTIME MONEY 4HE LAW DOES NOT SAY THAT AN EMPLOYER MUST PAY A BONUS TO EMPLOYEES ALTHOUGH SOME "ARGAINING #OUNCIL !GREEMENTS DO 4HIS IS gEXTRAg MONEY )T IS USUALLY PAID OUT AT THE END OF THE YEAR FOR EXAMPLE FOR GOOD PERFORMANCE DURING THE YEAR OR FOR TARGETS REACHED IN PRODUCTION OF GOODS "ONUS PAY MUST BE PAID IN THESE CASES s IF AN EMPLOYER GAVE A BONUS TO THE EMPLOYEES AT THE END OF EVERY YEAR IN THE PAST n THE EMPLOYER CREATED AN gEXPECTATIONg AMONGST EMPLOYEES THAT THEY WILL GET A BONUS EVERY YEAR AND IT HAS BECOME THE CUSTOM TO GET THE BONUS 4HE EMPLOYEES THEN HAVE A RIGHT TO DEMAND THE SAME BONUS EVERY YEAR )F THE EMPLOYER SUDDENLY DECIDES NOT TO GIVE A BONUS THE EMPLOYEES CAN CLAIM THE BONUS AS A COMMON LAW RIGHT s IF IT SAYS IN A CONTRACT OF EMPLOYMENT OR A COLLECTIVE AGREEMENT THAT THE EMPLOYEE WILL GET A BONUS n THE EMPLOYER MUST PAY THE BONUS AS AGREED UNLESS IT DEPENDS ON THE EMPLOYEE DOING SOMETHING WHICH THE EMPLOYEE DID NOT DO
,/.' 3%26)#% !7!2$3 4HE LAW DOES NOT SAY THAT EMPLOYERS MUST PAY LONG SERVICE MONEY TO EMPLOYEES WHO HAVE WORKED FOR A LONG TIME FOR THE SAME COMPANY )F THE EMPLOYEE RETIRES IT IS UP TO THE EMPLOYER TO DECIDE WHETHER TO GIVE ANY LONG SERVICE MONEY TO THE EMPLOYEE
*/" 2%&%2%.#%3 ! JOB REFERENCE LETTER IS A LETTER FROM AN EX EMPLOYER SAYING WHETHER THE EMPLOYER THOUGHT THE EMPLOYEE WAS A GOOD EMPLOYEE OR NOT 4HE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! SAYS EMPLOYEES ARE ENTITLED TO A WRITTEN CERTIFICATE OF SERVICE WHEN THE EMPLOYEE STOPS WORKING FOR THAT EMPLOYER 4HE CERTIFICATE OF SERVICE SETS OUT THE FULL NAME OF THE EMPLOYER AND THE EMPLOYEE THE JOBS THAT THE EMPLOYEE WAS DOING THE DATE THAT THE EMPLOYEE BEGAN WORKING THE DATE THAT THE EMPLOYEE ENDED WORK AND THE WAGE AT THE TIME THAT THE JOB ENDED INCLUDING PAYMENT IN KIND 3EE 3 A nG OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT FOR DETAILS ON WHAT HAS TO BE INCLUDED ON THE #ERTIFICATE OF 3ERVICE
,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT 4HERE ARE DIFFERENT LAWS ABOUT CONDITIONS OF EMPLOYMENT %MPLOYEESg TERMS AND CONDITIONS OF EMPLOYMENT MAY BE COVERED BY s CENTRALISED COLLECTIVE AGREEMENTS LIKE "ARGAINING #OUNCIL !GREEMENTS UNDER THE ,ABOUR 2ELATIONS !CT WHERE APPLICABLE 3EE PAGE #OLLECTIVE AGREEMENTS s SECTORAL DETERMINATIONS UNDER THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! OR 7AGE $ETERMINATIONS UNDER THE 7AGE !CT WHERE APPLICABLE 3EE PAGE 3ECTORAL DETERMINATIONS s SPECIAL EXCEPTIONS TO CENTRALISED COLLECTIVE AGREEMENTS SECTORAL DETERMINATIONS OR THE "#%! MADE BY THE -INISTER OF ,ABOUR CALLED DEREGULATION 3EE PAGE $EREGULATION
s WORKPLACE BASED COLLECTIVE AGREEMENTS UNDER THE "#%! 3EE PAGE #OLLECTIVE AGREEMENTS s AN INDIVIDUAL AGREEMENT BETWEEN AN EMPLOYEE AND EMPLOYER n THE CONTRACT OF EMPLOYMENT s "ASIC #ONDITIONS OF %MPLOYMENT !CT 3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%! 4HE -ERCHANT 3HIPPING !CT COVERS CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WHO ARE AT SEA WITHIN 3OUTH !FRICAgS TERRITORIAL WATERS WHILE MEMBERS OF THE .ATIONAL $EFENCE &ORCE THE .ATIONAL )NTELLIGENCE !GENCY AND THE 3OUTH !FRICAN 3ECRET 3ERVICE ARE COVERED BY DIFFERENT LAWS 4HE /CCUPATIONAL (EALTH AND 3AFETY !CT GIVES EMPLOYEES RIGHTS IN HEALTH AND SAFETY AT WORK 3EE PAGE -ERCHANT 3HIPPING !CT PAGE /CCUPATIONAL (EALTH AND 3AFETY !CT
7!'% 2%'5,!4).' -%!352%3 #OLLECTIVE AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS "#!S 7AGE $ETERMINATIONS AND SECTORAL DETERMINATIONS 37$S WHICH REGULATE TERMS AND CONDITIONS OF EMPLOYMENT ARE COMMONLY CALLED WAGE REGULATING MEASURES 4HEY CONTAIN DIFFERENT CONDITIONS OF EMPLOYMENT FOR DIFFERENT EMPLOYEES IN DIFFERENT SECTORS )N OTHER WORDS ALL THESE AGREEMENTS AND DETERMINATIONS TALK ABOUT A PERIOD OF NOTICE BUT IN ONE WAGE DETERMINATION THE NOTICE PERIOD MAY BE ONE WEEK WHILE IN ANOTHER IT MAY BE TWO WEEKS "ELOW IS A LIST OF THE MORE COMMON ASPECTS RELATING TO CONDITIONS OF EMPLOYMENT WHICH APPEAR IN ALL WAGE REGULATING MEASURES s !REA AND SCOPE n DEFINES THE GEOGRAPHICAL AREA WHERE THE "#! OR 37$ APPLIES AND DESCRIBES THE TYPE OF WORK COVERED BY THE "#! OR 37$ s $EFINITIONS n DEFINES THE DIFFERENT CATEGORIES OF EMPLOYEES INCLUDING CASUAL EMPLOYEES s 2EMUNERATION n DESCRIBES MINIMUM WAGES FOR DIFFERENT CATEGORIES OF EMPLOYEES AND INCLUDES MONIES RECEIVED BY THE EMPLOYEE EXCLUDING EX GRATIA PAYMENTS OR BONUSES TO ASSIST EMPLOYEES s 0AYMENT OF REMUNERATION n HOW EMPLOYEES SHOULD BE PAID THEIR WAGES s $EDUCTIONS n FROM AN EMPLOYEES WAGE s (OURS OF WORK AND PAY n THIS INCLUDES PUBLIC HOLIDAYS 3UNDAYS ETC s !NNUAL LEAVE AND SICK LEAVE s 0IECE WORK AND COMMISSION WORK n 0IECE WORK MEANS THAT AN EMPLOYEE IS PAID FOR THE NUMBER OF ITEMS PRODUCED AND NOT FOR THE HOURS WORKED s 4ERMINATION OF CONTRACT OF EMPLOYMENT n HOW MUCH NOTICE AN EMPLOYER MUST GIVE OR BE GIVEN s 0ROHIBITION OF EMPLOYMENT n FOR EXAMPLE PREGNANT WOMEN AND CHILDREN MAY NOT BE ALLOWED TO DO CERTAIN WORK s $ISPUTE RESOLUTION n THE ,ABOUR 2ELATIONS !CT ALLOWS EMPLOYEES AND EMPLOYERS TO COLLECTIVELY AGREE TO DISPUTE RESOLUTION PROCEDURES THAT DIFFER FROM THOSE IN THE !CT )F THERE ARE ANY PARTICULAR TERMS OR CONDITIONS OF EMPLOYMENT THAT ARE NOT SPECIFIED BY A "ARGAINING #OUNCIL !GREEMENT OR A SECTORAL DETERMINATION THEN THOSE TERMS OR CONDITIONS OF EMPLOYMENT IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT WILL APPLY TO EMPLOYEES
(/7 $/ 9/5 +./7 7()#( ,!7 !00,)%3 4/ !. %-0,/9%% !LL EMPLOYEES WILL FALL UNDER ONE OF THE ABOVE LAWS ABOUT CONDITIONS OF EMPLOYMENT -ANY EMPLOYEES FALL UNDER MORE THAN ONE OF THESE LAWS
4HE LAWS WORK IN ORDER OF PRIORITY &OR EXAMPLE IF A "ARGAINING #OUNCIL !GREEMENT OR OTHER CENTRALISED COLLECTIVE AGREEMENT COVERS THE WORK DONE BY AN EMPLOYEE THEN THAT !GREEMENT APPLIES TO THAT EMPLOYEE )F THERE IS NO "ARGAINING #OUNCIL !GREEMENT THEN YOU MUST SEE WHETHER A SECTORAL DETERMINATION OR 7AGE $ETERMINATION APPLIES )F NO "ARGAINING #OUNCIL !GREEMENT OR SECTORAL7AGE $ETERMINATION APPLIES THEN THE "#%! WILL APPLY UNLESS THEY ARE SPECIFICALLY EXCLUDED BY THE "#%! !N INDIVIDUAL CONTRACT OF EMPLOYMENT MAY OVERRIDE THE "ASIC #ONDITIONS OF %MPLOYMENT !CT PROVIDED IT IS DEFINITELY MORE ADVANTAGEOUS FOR THE EMPLOYEE AND PROVIDED IT DOES NOT AFFECT CERTAIN @CORE RIGHTS WHICH ARE IDENTIFIED IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT &).$).' /54 !. %-0,/9%%3 4%2-3 #/.$)4)/.3 /& %-0,/9-%.4 (AS THE -INISTER OF ,ABOUR MADE ANY SPECIAL EXEMPTIONS FOR THE EMPLOYEES INDUSTRY OR AREA OR EMPLOYER
9%3
!NY CONDITIONS OF EMPLOYMENT IN THE SPECIAL EXEMPTIONS OVERRIDE THOSE IN OTHER AGREEMENTS OR DETERMINATIONS
./ )S THERE A "ARGAINING #OUNCIL !GREEMENT FOR THE INDUSTRY AND AREA THAT THE EMPLOYEE WORKS IN
9%3
#ONDITIONS OF EMPLOYMENT IN THE "ARGAINING #OUNCIL !GREEMENT APPLY TO THE EMPLOYEE
./ )S THERE A 7AGE $ETERMINATION OR SECTORAL DETERMINATION FOR THE INDUSTRY AND AREA THAT THE EMPLOYEE WORKS IN
9%3
#ONDITIONS OF EMPLOYMENT IN THE 7AGE $ETERMINATION OR SECTORAL DETERMINATION APPLY TO THE EMPLOYEE
./ )S THERE A COLLECTIVE AGREEMENT BETWEEN EMPLOYEES AND THE EMPLOYEES EMPLOYER
9%3
EXCEPT IF THEY ARE LESS FAVOURABLE TO THE EMPLOYEE THAN THE "#%! THEN THE "#%! OVERRIDES
./
)S THERE AN INDIVIDUAL AGREEMENT CONTRACT OF EMPLOYMENT BETWEEN THE EMPLOYEE AND THE EMPLOYER
#ONDITIONS OF EMPLOYMENT IN THE COLLECTIVE AGREEMENT APPLY TO THE EMPLOYEE
9%3
#ONDITIONS OF EMPLOYMENT IN THE INDIVIDUAL AGREEMENT APPLY TO THE EMPLOYEE EXCEPT IF THEY ARE LESS FAVOURABLE TO THE EMPLOYEE THAN THE "#%! THEN THE "#%! OVERRIDES
./
4(% #/.$)4)/.3 /& %-0,/9-%.4 ). 4(% "#%! !00,9 4/ 4(% %-0,/9%%
/4(%2 %-0,/9-%.4 #/.$)4)/.3 ./4 #/6%2%$ !"/6% !2% !3 3%4 /54 ). 4(% "#%!
"ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! 7(/ )3 #/6%2%$ "9 4(% "#%! !LL EMPLOYEES ARE COVERED BY THE "ASIC #ONDITIONS OF %MPLOYMENT !CT .O OF EXCEPT THE FOLLOWING s MEMBERS OF THE .ATIONAL $EFENCE &ORCE THE .ATIONAL )NTELLIGENCE !GENCY AND THE 3OUTH !FRICAN 3ECRET 3ERVICE s UNPAID VOLUNTARY EMPLOYEES WHO DO WORK FOR A CHARITABLE ORGANISATION s EMPLOYEES WHO WORK FOR AN EMPLOYER FOR LESS THAN HOURS A MONTH s EMPLOYEES ON VESSELS AT SEA WHERE THE -ERCHANT 3HIPPING !CT IS APPLICABLE #ERTAIN SPECIAL PROVISIONS APPLY TO COMPANIES EMPLOYING FEWER THAN TEN EMPLOYEES
0%/0,% %!2.).' !"/6% ! #%24!). !-/5.4 )F A PERSON IS EARNING A GROSS SALARY OF MORE THAN 2 PER YEAR OR 2 PER MONTH THEN THE FOLLOWING SECTIONS OF THE "#%! WILL NOT APPLY TO THEM s SECTION LIMITATIONS ON ORDINARY HOURS OF WORK s SECTION OVERTIME WORK AND PAYMENT s SECTION #OMPRESSED WORKING WEEK s SECTION !VERAGING OF HOURS OF WORK s SECTION PROVISION OF MEAL INTERVALS s SECTION DAILY AND WEEKLY REST PERIOD s SECTION PAY FOR WORK ON 3UNDAYS s SECTION NIGHT WORK s SECTION 0UBLIC HOLIDAYS WHERE AN EMPLOYEE MAY WORK ON A PUBLIC HOLIDAY ON WHICH HESHE WOULD NOT HAVE ORDINARILY WORKED 3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%!
0!24 4)-% #!35!, !.$ 4%-0/2!29 %-0,/9%%3 ! PART TIME EMPLOYEE IS NORMALLY PERMANENTLY EMPLOYED BUT ONLY WORKS PART OF A WORKING DAY OR WEEK ! CASUAL EMPLOYEE IS PERMANENTLY EMPLOYED BUT ONLY WORKS PART OF A WORKING WEEK !N EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH IS NOW FULLY COVERED BY THE PROVISIONS OF THE "#%! INCLUDING PROVISIONS FOR LEAVE AND SICK PAY OVERTIME AND PUBLIC HOLIDAY RATES ! TEMPORARY EMPLOYEE IS NOT PERMANENTLY EMPLOYED BUT ONLY WORKS FOR A SPECIFIC LENGTH OF TIME OR UNTIL A SPECIFIC JOB IS COMPLETED 4HIS IS OFTEN REFERRED TO AS A @FIXED TERM CONTRACT OF EMPLOYMENT 3EE PAGE &IXED TERM CONTRACTS )N MOST CASES PART TIME CASUAL AND TEMPORARY EMPLOYEES WILL BE ENTITLED TO THE SAME BENEFITS AS OTHER EMPLOYEES BUT ON A PRO RATA BASIS 4HEY ARE EXCLUDED FROM SOME PROVISIONS OF THE "#%! FOR EXAMPLE THEY ARE NOT ENTITLED TO FAMILY RESPONSIBILITY LEAVE
0)%#% 7/2+ 0IECE WORK MEANS THAT AN EMPLOYEE IS NOT PAID ACCORDING TO THE HOURS THAT HE OR SHE WORKS 4HE EMPLOYEE IS PAID FOR THE NUMBER OF ITEMS PRODUCED &OR EXAMPLE SEASONAL FARMWORKERS MAY BE PAID FOR THE AMOUNT OF FRUIT THEY PICK 4HE "#%! SAYS NOTHING ABOUT WAGES AND CONDITIONS OF EMPLOYMENT FOR PIECEWORK BECAUSE PIECEWORKERS ARE NOT EMPLOYEES
&2%%,!.#% /2 /543/52#).' !N EMPLOYER MAY PAY SOMEONE WHO WORKS FROM A DIFFERENT PLACE TO DO WORK 4HIS PERSON IS NOT AN EMPLOYEE BUT IS RUNNING THEIR OWN SMALL BUSINESS AND IS OFTEN REFERRED TO AS AN INDEPENDENT CONTRACTOR 4HE CONTRACTOR IS GENERALLY PAID FOR PRODUCING AN AGREED LEVEL OF WORK OR PROVIDING A SERVICE AND IS NOT SUPERVISED OR CONTROLLED BY THE EMPLOYER 4HE INDEPENDENT CONTRACTOR IS NOT COVERED BY THE "#%! 3AKUMSI CUTS PATTERNS FOR DRESSES (E PAYS 4REVOR TO SEW THE PIECES TOGETHER 4REVOR WORKS FROM HIS HOUSE 4REVOR IS NOT EMPLOYED BY 3AKUMSI AND 3AKUMSI DOES NOT HAVE TO MAKE SURE THAT 4REVORgS PAY AND WORKING CONDITIONS ARE ACCORDING TO THE "#%!
%8!-0,%
6!2)!4)/. /& "!3)# #/.$)4)/.3 #ERTAIN RIGHTS IN THE "#%! ARE FUNDAMENTAL AND WILL NOT BE ABLE TO BE VARIED FOR EXAMPLE THE PROHIBITION ON CHILD LABOUR OR THE MAXIMUM NUMBER OF ORDINARY HOURS THAT AN EMPLOYEE CAN BE MADE TO WORK )N COLLECTIVE AGREEMENTS FOR EXAMPLE "ARGAINING #OUNCIL !GREEMENTS EMPLOYEES MAY AGREE TO CONDITIONS THAT ARE DIFFERENT TO CONDITIONS IN THE "#%! AS LONG AS THE AGREEMENT IS CONSISTENT WITH THE PURPOSE OF THE "#%! AND DOES NOT GIVE THEM LESS PROTECTION THAN THEY HAD UNDER THE "#%! NOR REDUCE AN EMPLOYEES ANNUAL LEAVE TO LESS THAN WEEKS NOR REMOVE MATERNITY LEAVE OR SICK LEAVE 3EE S A nF OF THE "#%! %MPLOYEES MAY BE COVERED BY THE "#%! BUT HAVE TERMS AND CONDITIONS OF EMPLOYMENT WHICH VARY FROM THOSE IN THE "#%! 4HE "#%! ALLOWS FOR THE FOLLOWING WAYS OF VARYING BASIC CONDITIONS OF EMPLOYMENT s THE INDIVIDUAL EMPLOYMENT CONTRACT BETWEEN AN EMPLOYEE AND EMPLOYER ALTHOUGH THE SCOPE FOR VARIATION BY THIS METHOD IS EXTREMELY LIMITED s COLLECTIVE BARGAINING BETWEEN A TRADE UNION AND THE %MPLOYER s SECTORAL DETERMINATIONS s THE -INISTER OF ,ABOUR CAN MAKE SPECIAL EXCEPTIONS 3O AN EMPLOYEE WHO IS COVERED BY THE "#%! HAS THE CONDITIONS OF EMPLOYMENT AS SPECIFIED IN THE !CT UNLESS s THE EMPLOYEE HAS AN INDIVIDUAL AGREEMENT EMPLOYMENT CONTRACT WITH THE EMPLOYER s THE EMPLOYEE IS PART OF A COLLECTIVE AGREEMENT WITH THE EMPLOYER s THERE IS A SECTORAL DETERMINATION LIKE A 7AGE $ETERMINATION OR A -INISTERIAL EXEMPTION WHICH OVERRIDES THE CONDITIONS IN THE "#%! 3EE PAGE #HART &INDING OUT AN EMPLOYEES TERMS AND CONDITIONS OF EMPLOYMENT
).$)6)$5!, #/.42!#4 /& %-0,/9-%.4 4HE CONTRACT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! 4HE "#%! SETS OUT THE MINIMUM CONDITIONS OF EMPLOYMENT !NY CONTRACT OF EMPLOYMENT MUST AT LEAST COMPLY WITH ALL ITS PROVISIONS )F A CONTRACT BREAKS ANY PART OF THE "#%! AND A VARIATION ORDER HAS NOT BEEN OBTAINED FROM THE $EPARTMENT OF ,ABOUR IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE CONTRACT 3EE PAGE 4HE CONTRACT OF EMPLOYMENT
#/,,%#4)6% "!2'!).).' 4HE "#%! TOGETHER WITH THE ,2! AIMS TO PROMOTE COLLECTIVE BARGAINING AND THEREFORE ALLOWS VARIATION OF CERTAIN SPECIFIED CONDITIONS THROUGH COLLECTIVE BARGAINING BETWEEN AN EMPLOYER AND EMPLOYEES WHO WORK FOR THAT EMPLOYER 4HEY CAN REACH A COLLECTIVE AGREEMENT ! COLLECTIVE AGREEMENT UNDER THE "#%! MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! )F AN AGREEMENT BREAKS ANY PART OF THE "#%! IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE AGREEMENT 4HERE ARE ALSO CENTRALISED AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS UNDER THE ,ABOUR 2ELATIONS !CT )N CENTRALISED COLLECTIVE BARGAINING EMPLOYEES MAY AGREE TO CONDITIONS THAT ARE DIFFERENT TO "#%! CONDITIONS 4HIS MAY BE BECAUSE IN EXCHANGE THEY GAINED SOMETHING ELSE THEY WANTED MORE OR IT MAY BE BECAUSE THEIR POSITION WAS WEAKER THAN THE EMPLOYERgS 3EE PAGE #OLLECTIVE AGREEMENTS
3%#4/2!, $%4%2-).!4)/.3 4HE "#%! PROVIDES FOR THE ESTABLISHMENT OF AN %MPLOYMENT #ONDITIONS #OMMISSION 4HEY INVESTIGATE CONDITIONS IN A PARTICULAR INDUSTRY OR SECTOR AND MAKE RECOMMENDATIONS TO THE -INISTER OF ,ABOUR 7HEN THE -INISTER APPROVES A RECOMMENDATION FROM THE #OMMISSION THIS IS PUBLISHED IN THE 'OVERNMENT 'AZETTE AS A 7AGE DETERMINATION OR 3ECTORAL DETERMINATION 3EE PAGE 3UMMARY OF THE 3ECTORAL DETERMINATION FOR FARMWORKERS AND PAGE 3UMMARY OF THE 3ECTORAL DETERMINATION FOR DOMESTIC WORKERS
-).)34%2)!, %8%-04)/.3 4HE -INISTER OF ,ABOUR MAY OVERRIDE THE PROVISIONS OF THE "#%! FOR PARTICULAR GROUPS OF EMPLOYEES
02/()")4%$ %-0,/9-%.4 #(),$ ,!"/52 s #HILDREN BELOW THE AGE OF YEARS MAY NOT BE REQUIRED OR PERMITTED TO WORK s #HILDREN BETWEEN THE AGES OF AND MAY NOT PERFORM WORK THAT PLACES THEIR WELL BEING EDUCATION OR PHYSICAL AND MENTAL HEALTH AT RISK 4HE $EPARTMENT OF ,ABOUR AND STATE PROSECUTOR WILL BE PRIMARILY RESPONSIBLE FOR ENFORCING THE RULES ABOUT CHILD LABOUR 4O EMPLOY CHILDREN IS A CRIMINAL OFFENCE
&/2#%$ ,!"/52 .O ONE MAY FORCE EMPLOYEES TO WORK FOR EXAMPLE WHERE THE EMPLOYEE IS FORCED TO WORK WITHOUT PAY AND IN RETURN FOR PAYMENT IN KIND 4HIS IS A CRIMINAL OFFENCE
%.&/2#%-%.4 /& 4(% "#%! 4HE $EPARTMENT OF ,ABOUR IS RESPONSIBLE FOR ENFORCING THE "#%! 4HE $EPARTMENT APPOINTS INSPECTORS WHO HAVE WIDE POWERS TO MAKE SURE EMPLOYERS OBEY THE !CT !N EMPLOYEE WHOSE EMPLOYER IS NOT OBEYING THE "#%! CAN COMPLAIN TO THE $EPARTMENT OF ,ABOUR NOT THE ##-! ! ,ABOUR INSPECTOR WILL INVESTIGATE )F THE INSPECTOR DECIDES THE EMPLOYER IS BREAKING THE LAW HE OR SHE WILL TRY TO GET A WRITTEN PROMISE FROM THE EMPLOYER TO OBEY THE "#%! 4HE INSPECTOR MAY ISSUE A g#OMPLIANCE /RDERg TO EMPLOYERS WHO DO NOT OBEY THE "#%! )F THE EMPLOYER IGNORES THE #OMPLIANCE /RDER THE $EPARTMENT OF ,ABOUR MUST REFER THE MATTER TO THE ,ABOUR #OURT TO FORCE THE EMPLOYER TO OBEY %MPLOYERS ARE ALSO ENTITLED TO APPEAL AGAINST COMPLIANCE ORDERS TO THE $IRECTOR 'ENERAL OF ,ABOUR OR THE ,ABOUR #OURT
)F AN EMPLOYEE AND EMPLOYER ARE IN A DISPUTE ABOUT A MATTER COVERED BY THE ,ABOUR 2ELATIONS !CT AND THEY ARE BUSY TRYING TO RESOLVE THE DISPUTE AT THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! THEN THE ##-! CAN ALSO ORDER THE EMPLOYER TO PAY MONEY THAT IS OWED TO THE EMPLOYEE IN TERMS OF THE EMPLOYEEgS "#%! RIGHTS &OR EXAMPLE IF A DISMISSAL IS BEING CONTESTED AT THE ##-! THE ##-! WILL BE ABLE TO ORDER AN EMPLOYER TO PAY OUTSTANDING MONEY OWED TO THE EMPLOYEE 4HE LAW IS MADE LIKE THIS JUST TO SIMPLIFY PROCEDURES AND TO AVOID THE MATTER HAVING TO GO TO BOTH THE $EPARTMENT OF ,ABOUR AND THE ##-! AND POSSIBLY THE COURTS %MPLOYEES CAN ALSO MAKE THEIR OWN CIVIL CASE IN THE -AGISTRATES #OURT AND THE 3MALL #LAIMS #OURT TO GET MONEY THAT IS OWING TO THEM 4HE $EPARTMENT OF ,ABOUR WILL MAKE A CRIMINAL CASE AGAINST AN EMPLOYER FOR EMPLOYMENT OF CHILD LABOUR
35--!29 /& 02/6)3)/.3 ). 4(% "#%! 7/2+).' 4)-%3 !.$ 0!9 s 4HE MAXIMUM HOURS OF WORK IS HOURS PER WEEK FOR ORDINARY PAY 3EE S OF THE "#%! s 4HE MAXIMUM LENGTH OF A WORKING DAY IS HOURS IF THE EMPLOYEE WORKS A DAY WEEK BUT HOURS A DAY IF THE EMPLOYEE WORKS A DAY WEEK 7HERE THE WORKING WEEK IS COMPRESSED SQUASHED INTO FEWER DAYS THEN SHIFTS OF LONGER HOURS MAY BE INTRODUCED WITH THE EMPLOYEES CONSENT &OR EXAMPLE AN EMPLOYEE CAN AGREE TO WORK SHIFTS OF HOURS OVER WORKING DAYS s /VERTIME IS VOLUNTARY .O EMPLOYEE MAY WORK MORE THAN HOURS OF OVERTIME PER WEEK /VERTIME MUST BE PAID PER HOUR OF OVERTIME WORKED AT A RATE OF ONE AND A HALF TIMES THE EMPLOYEES ORDINARY HOURLY WAGE )N ADDITION NO EMPLOYEE MAY WORK MORE THAN HOURS SPREAD OVER IN ANY DAY INCLUDING OVERTIME ON THAT DAY %VEN THOUGH OVERTIME IS VOLUNTARY IF THE EMPLOYEE AGREED IN THE ORIGINAL CONTRACT TO WORK OVER TIME WHEN NECESSARY THEN REASONABLE OVERTIME MUST BE WORKED )F THE EMPLOYEE REFUSES TO WORK OVERTIME THEN HESHE IS IN BREACH OF THE CONTRACT AND THE EMPLOYER CAN TAKE DISCIPLINARY ACTION AGAINST THE EMPLOYEE !N EMPLOYER WHO IS EMPLOYING LESS THAN EMPLOYEES ONLY NEEDS TO PAY OVERTIME AT TIME AND A THIRD OF THE NORMAL WAGE 4HE EMPLOYER CAN ALSO AGREE WITH THE EMPLOYEE TO WORK UP TO HOURS OVERTIME DURING A WEEK AS AGAINST THE NORMAL TEN HOURS ./4%
7HILE INDIVIDUAL OVERTIME IS VOLUNTARY SUBJECT TO AN AGREEMENT A COLLECTIVE OR JOINT REFUSAL BY A NUMBER OF EMPLOYEES TO WORK NORMAL OVERTIME WILL PROBABLY CONSTITUTE A STRIKE OR INDUSTRIAL ACTION s 0AYMENT FOR 3UNDAY WORK MUST BE THE GREATER OF n EITHER DOUBLE THE NORMAL HOURLY RATE FOR THE AMOUNT OF 3UNDAY HOURS WORKED /2 n ONE FULL DAYS PAY EVEN IF THE EMPLOYEE ONLY WORKED THREE HOURS THAT 3UNDAY )F IT IS NORMALLY PART OF AN EMPLOYEES JOB TO WORK ON A 3UNDAY THEN SHE MUST BE PAID AT A RATE OF TIME AND A HALF HISHER NORMAL HOURLY RATE s %MPLOYEES ARE ENTITLED TO BE PAID FOR PUBLIC HOLIDAYS WHICH FALL ON A DAY THAT THEY NORMALLY WOULD HAVE WORKED n EVEN THOUGH THEY WILL BE OFF AND NOT WORKING ON THE PUBLIC HOLIDAY !N EMPLOYEE CAN AGREE TO WORK ON A PUBLIC HOLIDAY BUT THIS IS VOLUNTARY )F AN EMPLOYEE DOES AGREE TO WORK ON A PUBLIC HOLIDAY HE MUST GET TWO ORDINARY WORKING DAYS OFF IN EXCHANGE OR HE MUST BE PAID DOUBLE THE NORMAL HOURLY RATE FOR THE AMOUNT OF HOURS WORKED ON THE PUBLIC HOLIDAY 7HERE A PUBLIC HOLIDAY FALLS ON A 3UNDAY THE FOLLOWING -ONDAY IS REGARDED AS A PUBLIC HOLIDAY
4HE PUBLIC HOLIDAYS ARE
*ANUARY -ARCH 6ARIABLE 6ARIABLE !PRIL -AY *UNE !UGUST 3EPTEMBER $ECEMBER $ECEMBER $ECEMBER
.EW 9EARgS $AY (UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY &REEDOM $AY %MPLOYEESg $AY 9OUTH $AY .ATIONAL 7OMENgS $AY (ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL
s .IGHT WORK AFTER PM AND BEFORE AM IS VOLUNTARY %MPLOYEES MUST BE PAID AN EXTRA ALLOWANCE FOR ALL HOURS WORKED AS NIGHT OR HAVE THEIR WORKING HOURS REDUCED 4RANSPORT MUST BE AVAILABLE FOR THE EMPLOYEES TO GET FROM THEIR HOMES TO WORK AND BACK 4HE LAW IS UNCLEAR AS TO WHO MUST @PROVIDE OR PAY FOR SUCH TRANSPORT
&,%8)"),)49 ). 7/2+).' (/523 4HE "#%! ALLOWS FOR SOME FLEXIBILITY IN THE ARRANGEMENT OF WORKING HOURS BY AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES COLLECTIVE AGREEMENT OR ONE EMPLOYEE INDIVIDUAL AGREEMENT s #OMPRESSED WORKING WEEK BY COLLECTIVE OR INDIVIDUAL AGREEMENT %MPLOYEES CAN WORK UP TO HOURS OF NORMAL WORK ON ANY DAY WITHOUT RECEIVING OVERTIME PAY "UT THE EMPLOYEES MAY STILL NOT WORK MORE THAN NORMAL HOURS PER WEEK AND MAY NOT WORK ON MORE THAN DAYS IN A WEEK !NY TIME WORKED BEYOND HOURS IN THE WEEK SHOULD BE PAID AT OVERTIME RATES OF TIME AND A HALF s !VERAGING OF WORKING HOURS BY COLLECTIVE AGREEMENT ONLY !VERAGING MEANS EMPLOYEES CAN AGREE TO WORK LONGER HOURS THAN THE "#%! USUALLY ALLOWS IF THEY GET THE SAME NUMBER OF EXTRA HOURS OFF AT A LATER TIME 4HIS WOULD FOR EXAMPLE MEAN THAT EMPLOYEES COULD AGREE TO WORK LONGER HOURS IN ONE WEEK FOR NORMAL PAY IF THEY WORK REDUCED HOURS FOR NORMAL PAY THE FOLLOWING WEEK "UT THE EMPLOYEES MAY STILL NOT WORK MORE THAN AN AVERAGE OF ORDINARY HOURS PER WEEK DURING THIS PERIOD !LSO THE AGREEMENT CANNOT GO ON FOR LONGER THAN MONTHS 7HERE REFERENCE IS MADE TO A COLLECTIVE AGREEMENT THEN THIS AGREEMENT SHOULD BE MADE THROUGH THE EMPLOYEES TRADE UNION
0!9-%.4 ). +).$ 7AGES CAN BE PAID PARTLY IN KIND IF THE LAW PROVIDES FOR THIS 0AYMENT IN KIND MEANS THAT AN EMPLOYER PAYS AN EMPLOYEE HIS OR HER WAGE THROUGH GIVING HIM OR HER HOUSING USE OF LAND OR FOOD AS WELL AS MONEY (OWEVER THIS CAN ONLY BE DONE IF THE -INISTER OF ,ABOUR DECIDES THAT PAYMENT IN KIND SHOULD APPLY TO A CERTAIN SECTOR 4HE -INISTER WILL ALSO DECIDE WHAT FORMULA TO USE TO DETERMINE THE VALUE OF THE PAYMENT IN KIND
$%$5#4)/.3 $EDUCTIONS FROM WAGES OTHER THAN THOSE REQUIRED BY LAW ARE NOT PERMITTED WITHOUT THE WRITTEN CONSENT OF THE EMPLOYEE 4HE DEDUCTIONS REQUIRED BY LAW WHICH AN EMPLOYER MAKES FROM THE WAGES OF AN EMPLOYEE ARE AS FOLLOWS s 5NEMPLOYMENT )NSURANCE &UND 5)& s 3)4% TAX s ANY DEDUCTION ORDERED BY A COURT
4HE LAWFUL DEDUCTIONS WHICH AN EMPLOYER CAN MAKE FROM THE WAGES OF AN EMPLOYEE IF THE EMPLOYEE INSTRUCTS THE EMPLOYER IN WRITING TO MAKE THE DEDUCTION ARE AS FOLLOWS s TRADE UNION SUBSCRIPTIONS s MEDICAL AID CONTRIBUTIONS s PENSION OR PROVIDENT FUND s MONEY TO PAY BACK A HOUSING LOAN OR OTHER LOAN FROM THE EMPLOYER s MONEY FOR FOOD AND ACCOMMODATION s &OR LOSS OR DAMAGES SUFFERED AT WORK PROVIDED THE EMPLOYEE HAS BEEN GIVEN A HEARING TO EXPLAIN THE FACTS AND HAS AGREED IN WRITING TO SUCH DEDUCTION 4HE AMOUNT THAT CAN BE DEDUCTED CAN BE EQUAL TO BUT NOT MORE THAN OF THE NORMAL WAGE TO OFFSET LOSSES /FTEN EMPLOYERS ALSO MAKE UNLAWFUL DEDUCTIONS FROM EMPLOYEESg WAGES %XAMPLES ARE WHEN s THE EMPLOYER SAYS THERE WERE SHORTAGES IN A TILL AND THE EMPLOYEE HAS TO PAY BACK THE SHORTAGES s THE EMPLOYEE BREAKS SOMETHING AT WORK s THE EMPLOYEE OWES THE EMPLOYER MONEY BUT DID NOT AGREE THAT THE AMOUNT OWING SHOULD BE DEDUCTED s THE EMPLOYEE IS OFF SICK AND THE EMPLOYER DEDUCTS MONEY FOR THE DAYS NOT WORKED s THE EMPLOYEE IS ABSENT FROM WORK WITHOUT LEAVE FOR EXAMPLE FAMILY RESPONSIBILITY LEAVE )F AN EMPLOYER WANTS TO DEDUCT A FINE FROM AN EMPLOYEEgS WAGE TO COMPENSATE THE EMPLOYER FOR LOSS OR DAMAGE THE EMPLOYER CAN ONLY DEDUCT THE FINE IF s THE LOSSDAMAGE HAPPENED DURING THE gCOURSE AND SCOPE OF EMPLOYMENTg s THE EMPLOYEE WAS AT FAULT s A FAIR HEARING WAS HELD TO GIVE THE EMPLOYEE A CHANCE TO STATE HER OR HIS CASE s THE EMPLOYER DOES NOT DEDUCT MORE THAN THE ACTUAL VALUE OF THE LOSS OR DAMAGE s THE TOTAL AMOUNT DEDUCTED IS NO MORE THAN OF THE EMPLOYEES WAGES s THE EMPLOYEE GIVES CONSENT IN WRITING 3EE PAGE 0ROBLEM -ONEY IS DEDUCTED FROM AN EMPLOYEES WAGES
$!),9 !.$ 7%%+,9 2%34 0%2)/$3 s .O EMPLOYEEgS HOURS OF WORK MAY BE SPREAD OVER MORE THAN HOURS PER DAY g3PREAD OVERg MEANS FROM THE START OF WORK TO THE END OF WORK INCLUDING ANY BREAKS FOR MEALS OR REST AND ANY OVERTIME s ! REST PERIOD OF HOUR IS REQUIRED AFTER EVERY HOURS WORKED 4HIS CAN BE REDUCED TO MINUTES IF THE EMPLOYEE AND EMPLOYER AGREE IN WRITING s %VERY EMPLOYEE IS ENTITLED TO A DAILY REST PERIOD OF HOURS FROM THE END OF WORK ON ONE DAY TO THE START OF WORK ON THE FOLLOWING DAY 4HIS REST PERIOD CAN BE REDUCED TO HOURS IF AN EMPLOYEE LIVES ON THE PREMISES AND GETS A MEAL BREAK OF AT LEAST HOURS THIS MAY BE RELEVANT TO DOMESTIC WORKERS CARETAKERS FARMWORKERS AND SO ON s %VERY EMPLOYEE IS ENTITLED TO A WEEKLY REST PERIOD OF CONTINUOUS HOURS &OR MANY EMPLOYEES THIS IS OVER THE WEEKEND s !N AGREEMENT IN WRITING BETWEEN THE EMPLOYER AND EMPLOYEE MAY REDUCE THE MEAL INTERVAL TO NOT LESS THAN MINUTES OR DO AWAY WITH A MEAL INTERVAL IF THE EMPLOYEE WORKS LESS THAN HOURS ON A DAY
4HE AGREEMENT CAN ALSO PROVIDE FOR A REST PERIOD OF AT LEAST CONSECUTIVE HOURS HOURS IN A ROW EVERY TWO WEEKS 4HE "#%! MAKES NO PROVISION FOR TEA INTERVALS ALTHOUGH IT IS COMMON FOR THE EMPLOYER TO GRANT TWO TEA INTERVALS PER SHIFT 4HESE INTERVALS ARE NORMALLY DEEMED TO BE @PAID TIME
,%!6% ,EAVE CAN BE ANNUAL YEARLY LEAVE SICK LEAVE MATERNITY LEAVE FAMILY RESPONSIBILITY LEAVE OR UNPAID LEAVE
!..5!, ,%!6% s %VERY EMPLOYEE IS ENTITLED TO CONSECUTIVE DAYS PAID LEAVE PER YEAR 4HIS IS THE EQUIVALENT OF THREE WEEKS TIME OFF s 4HE EMPLOYEE IS ENTITLED TO TAKE DAYS ALL IN ONE GO BUT CAN CHOOSE TO USE THE ANNUAL LEAVE TO TAKE OCCASIONAL DAYS OFF WORK 4HE EMPLOYER THEN DEDUCTS THESE DAYS OF OCCASIONAL LEAVE THAT AN EMPLOYEE TOOK DURING THE YEAR FROM THE ANNUAL LEAVE DAYS s !NNUAL LEAVE MUST BE TAKEN WITHIN MONTHS OF THE END OF AN ANNUAL LEAVE CYCLE A YEARgS WORK s )F THE EMPLOYEE IS OFF WORK ON ANY OTHER KIND OF LEAVE THESE DAYS DO NOT COUNT AS PART OF ANNUAL LEAVE !NOTHER WAY OF SAYING THIS IS THAT ANNUAL LEAVE CANNOT BE TAKEN AT THE SAME TIME AS SICK LEAVE FAMILY RESPONSIBILITY LEAVE OR MATERNITY LEAVE s )F THE LEAVE PERIOD COVERS A PUBLIC HOLIDAY THEN THE PUBLIC HOLIDAY DOES NOT COUNT AS PART OF THE EMPLOYEEgS LEAVE AND THE EMPLOYEE SHOULD BE GIVEN AN EXTRA DAYS LEAVE 0AID PUBLIC HOLIDAYS ARE *ANUARY .EW 9EARgS $AY -ARCH (UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY !PRIL &REEDOM $AY -AY %MPLOYEESg $AY *UNE 9OUTH $AY !UGUST .ATIONAL 7OMENgS $AY 3EPTEMBER (ERITAGE $AY $ECEMBER $AY OF 2ECONCILIATION $ECEMBER #HRISTMAS $AY $ECEMBER $AY OF 'OODWILL s !NNUAL LEAVE CANNOT BE TAKEN AT THE SAME TIME AS THE NOTICE PERIOD s ,EAVE PAY IS NOT A BONUS ON TOP OF NORMAL PAY )T SIMPLY MEANS THAT AN EMPLOYEE GETS A HOLIDAY EVERY YEAR AND GETS NORMAL PAY FOR THOSE DAYS )F AN EMPLOYEE DOESNgT TAKE LEAVE OR ALL THE LEAVE THE EMPLOYER WILL NOT PAY OUT LEAVE PAY INSTEAD OF LEAVE s )F AN EMPLOYEE LEAVES A JOB WITHOUT HAVING TAKEN ALL THE LEAVE THAT IS DUE TO THEM THE EMPLOYEE MUST BE PAID FOR THE DAYS OF LEAVE THAT THEY HAVE NOT TAKEN 4HIS IS CALLED PRO RATA LEAVE PAY 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
3)#+ ,%!6% s ! PERMANENT EMPLOYEE IS ENTITLED TO PAID SICK LEAVE OF DAYS OVER ANY YEAR CYCLE DAYS IF THE EMPLOYEE WORKS A DAY WEEK $URING THE FIRST MONTHS THAT AN EMPLOYEE WORKS FOR AN EMPLOYER SHE OR HE GETS DAY PAID SICK LEAVE FOR EVERY DAYS WORKED /NCE ALL THESE PAID SICK LEAVE DAYS ARE USED UP THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE WHEN HE OR SHE IS OFF SICK s /NLY AN EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH EARNS SICK LEAVE AND THIS IS ON THE BASIS OF ONE DAYS LEAVE FOR EVERY DAYS WORKED s 3EASONAL OR TEMPORARY EMPLOYEES ARE ENTITLED TO DAYgS SICK LEAVE FOR EVERY DAYS WORKED OVER THE FIRST MONTH CYCLE s %MPLOYEES WHO ARE SICK FOR MORE THAN DAYS MAY BE REQUIRED TO PRODUCE A DOCTORgS CERTIFICATE )F AN EMPLOYEE LIVES ON THE PREMISES AND IT IS DIFFICULT FOR HIMHER TO GET TO A DOCTOR FOR EXAMPLE IN RURAL AREAS THE EMPLOYEE DOES NOT HAVE TO PRODUCE A CERTIFICATE UNLESS THE EMPLOYER GIVES THE EMPLOYEE REASONABLE ASSISTANCE TO GET THE CERTIFICATE
s 3ICK LEAVE PAY IS NOT A BONUS ON TOP OF NORMAL PAY )T SIMPLY MEANS THAT IF AN EMPLOYEE IS GENUINELY SICK AND HAS TO TAKE TIME OFF WORK THE EMPLOYER MUST PAY THE EMPLOYEE UP TO A CERTAIN NUMBER OF DAYS &OR EXAMPLE IF A WAITRESS IN A RESTAURANT ONLY TAKES DAYS SICK LEAVE THIS YEAR THE EMPLOYER DOES NOT OWE HER THE MONEY FOR THE REMAINING SICK LEAVE DAYS AT THE END OF THE YEAR
&!-),9 2%30/.3)"),)49 ,%!6% %VERY EMPLOYEE WITH MORE THAN MONTHS SERVICE WITH AN EMPLOYER AND WHO WORKS ON MORE THAN DAYS A WEEK IS ENTITLED TO DAYS PAID FAMILY RESPONSIBILITY LEAVE PER YEAR 4HIS CAN BE TAKEN IF A DIRECT FAMILY MEMBER DIES OR WHEN A CHILD IS BORN OR IS ILL ! TOTAL OF THREE DAYS IS ALLOCATED FOR THIS KIND OF LEAVE AND NOT THREE DAYS FOR EACH EVENT
-!4%2.)49 ,%!6% 7OMEN EMPLOYEES ARE ENTITLED TO UP TO MONTHS UNPAID MATERNITY LEAVE $URING THIS TIME THE EMPLOYEE MAY DRAW MATERNITY BENEFITS FROM THE 5NEMPLOYMENT )NSURANCE &UND )F THE MOTHER WISHES TO RETURN TO WORK WITHIN DAYS OF HAVING HER CHILD SHE NEEDS TO GIVE THE EMPLOYER A MEDICAL CERTIFICATE WHICH SAYS THAT SHE IS HEALTHY TO RETURN TO NORMAL WORK 3EE PAGE 5)& -ATERNITY BENEFITS
5.0!)$ ,%!6% !N EMPLOYER MAY AGREE TO LET AN EMPLOYEE TAKE EXTRA DAYS OF ANNUAL LEAVE OR THE EMPLOYEE MAY BE SICK FOR LONGER THAN THE PAID SICK LEAVE 4HEN THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THESE DAYS AND THIS IS KNOWN AS 5NPAID ,EAVE
!"3%.4 7)4(/54 ,%!6% )F AN EMPLOYEE TAKES LEAVE WITHOUT GETTING PERMISSION FROM THE EMPLOYER AND IS NOT SICK THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE TIME TAKEN OFF )F THE EMPLOYEE TAKES OFF MANY DAYS IN A ROW WITHOUT PERMISSION NORMALLY MORE THAN DAYS IN A ROW OR OFTEN TAKES TIME OFF WITHOUT PERMISSION THE EMPLOYER MAY PRESUME THAT THE EMPLOYEE HAS DESERTED LEFT WITHOUT GIVING NOTICE HIS OR HER EMPLOYMENT 4HE EMPLOYER MAY EMPLOY SOMEONE ELSE TO DO THE JOB PROVIDED HESHE HAS TRIED TO FIND OUT WHY THE EMPLOYEE HAS NOT RETURNED TO WORK )N THIS CASE THE EMPLOYER DOES NOT GIVE THE EMPLOYEE NOTICE "UT IF THE EMPLOYEE RETURNS FAIR DISMISSAL RULES MUST BE FOLLOWED
./4)#% s $URING THE FIRST SIX MONTHS OF EMPLOYMENT EMPLOYEES WILL BE ENTITLED TO AT LEAST WEEKgS NOTICE OF THE TERMINATION OF THEIR SERVICES s !FTER THE FIRST SIX MONTHS BUT DURING THE FIRST YEAR OF EMPLOYMENT EMPLOYEES WILL BE ENTITLED TO WEEKgS NOTICE s )F THEY HAVE WORKED FOR MORE THAN ONE YEAR EMPLOYEES ARE ENTITLED TO WEEKgS NOTICE s )F AN EMPLOYMENT CONTRACT HAS A LONGER PERIOD OF NOTICE THAN THE "#%! THE LONGER NOTICE MUST BE GIVEN s .OTICE WORKS BOTH WAYS )F AN EMPLOYEE RESIGNS WITHOUT GIVING THE EMPLOYER THE CORRECT AMOUNT OF NOTICE FOR EXAMPLE ONE WEEK THE EMPLOYER CAN CLAIM ONE WEEKgS PAY FROM THE EMPLOYEE 3EE PAGE $ISMISSALS ABOUT EMPLOYEES RIGHTS BEFORE AND AFTER DISMISSAL s .OTICE MUST BE IN WRITING s .EITHER THE EMPLOYER NOR THE EMPLOYEE CAN GIVE NOTICE WHILE THE EMPLOYEE IS ON LEAVE s &ARMWORKERS AND DOMESTIC WORKERS WHO HAVE BEEN EMPLOYED FOR MORE THAN MONTHS ARE ENTITLED TO WEEKS NOTICE 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
!LL EMPLOYEES ARE ENTITLED TO A WRITTEN CERTIFICATE OF SERVICE WHEN THE EMPLOYEE STOPS WORKING FOR THAT EMPLOYER 4HE CERTIFICATE OF SERVICE SETS OUT THE FULL NAME OF THE EMPLOYER AND THE EMPLOYEE THE JOBS THAT THE EMPLOYEE WAS DOING THE DATE THAT THE EMPLOYEE BEGAN WORKING AND THE DATE THAT THE WORK ENDED AND THE WAGE AT THE TIME THAT THE JOB ENDED INCLUDING PAYMENT IN KIND
!$-).)342!4)/. %XCEPT FOR DOMESTIC WORKERS OR EMPLOYEES WHO WORK LESS THAN HOURS A MONTH WHEN THE JOB STARTS THE EMPLOYER MUST GIVE THE EMPLOYEE WRITTEN PARTICULARS ABOUT THE JOB INCLUDING s A DESCRIPTION OF THE JOB s THE HOURS THAT THE EMPLOYEE WILL BE EXPECTED TO WORK s ORDINARY AND OVERTIME RATES OF PAYMENT INCLUDING PAYMENT IN KIND AND ITS VALUE s ANY DEDUCTIONS TO BE MADE s HOW MUCH LEAVE THE EMPLOYEE WILL GET s THE NOTICE PERIOD 4HIS DOCUMENT IS LIKE A CONTRACT OF EMPLOYMENT BUT THE EMPLOYEE DOESNgT HAVE TO SIGN IT )F AN EMPLOYEE CANgT READ THE PARTICULARS MUST BE EXPLAINED IN A LANGUAGE THE EMPLOYEE UNDERSTANDS !N EMPLOYER WHO EMPLOYS FEWER THAN EMPLOYEES DOES NOT HAVE TO PROVIDE THE ABOVE DETAILS 4HE "#%! SAYS AN EMPLOYER MUST HAND THE EMPLOYEE HIS OR HER WAGES WITH CERTAIN DETAILS ON A PAYSLIP INCLUDING s THE PERIOD FOR WHICH THE EMPLOYEE IS BEING PAID s THE NUMBER OF OVERTIME HOURS WORKED s THE NUMBER OF HOURS WORKED ON A 3UNDAY OR PUBLIC HOLIDAY s THE WAGES DUE TO THE EMPLOYEE BOTH NORMAL AND OVERTIME s THE AMOUNT AND REASON FOR ANY DEDUCTIONS MADE FOR TAX PENSION 5)& AND SO ON s THE ACTUAL AMOUNT PAID 4HE "#%! SAYS THE EMPLOYERS MUST KEEP THE FOLLOWING RECORDS s THE TIME WORKED BY EACH EMPLOYEE s THE WAGES PAID TO EACH EMPLOYEE
02/()")4)/. /& 6)#4)-)3!4)/. !.$ %80,/)4!4)/. !N EMPLOYER MAY NOT VICTIMISE AN EMPLOYEE WHO REFUSES TO DO SOMETHING THAT IS AGAINST THE "#%! &OR EXAMPLE IF AN EMPLOYEE SAYS SHE CANNOT WORK OVERTIME BECAUSE HER BABY IS SICK AT HOME THE EMPLOYER CANNOT DISMISS HER BECAUSE THE "#%! SAYS THAT AN EMPLOYER CANNOT MAKE AN EMPLOYEE WORK OVERTIME WITHOUT THE EMPLOYEEgS CONSENT
#OLLECTIVE AGREEMENTS #OLLECTIVE BARGAINING IS WHERE EMPLOYEES NORMALLY REPRESENTED BY A TRADE UNION AND EMPLOYERS NEGOTIATE WITH EACH OTHER ABOUT TERMS AND CONDITIONS OF EMPLOYMENT IN ORDER TO REACH A COLLECTIVE AGREEMENT 4HE COLLECTIVE AGREEMENT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! ! COLLECTIVE AGREEMENT OVERRIDES ANY INDIVIDUAL CONTRACT OF EMPLOYMENT #OLLECTIVE AGREEMENTS CAN BE OF TWO KINDS s 4HE "#%! ALLOWS VARIATION OF CERTAIN SPECIFIED CONDITIONS IN THE "#%! THROUGH COLLECTIVE BARGAINING BETWEEN A GROUP OF EMPLOYEES REPRESENTED BY A REGISTERED UNION WORKING FOR THE SAME EMPLOYER USUALLY AT ONE WORKPLACE AND THE EMPLOYER
s 4HE ,ABOUR 2ELATIONS !CT ALLOWS CENTRALISED COLLECTIVE BARGAINING BETWEEN GROUPS OF EMPLOYEES IN THE SAME INDUSTRY OR SECTOR AND EMPLOYERS IN THAT INDUSTRY OR SECTOR 4HEY DRAW UP A "ARGAINING #OUNCIL !GREEMENT WHICH BUSINESSES COVERED BY THAT AGREEMENT IN THAT SECTOR HAVE TO FOLLOW s 4HE !CT ALSO ALLOWS FOR A #OLLECTIVE !GREEMENT TO BE ENTERED INTO WITHIN AN ORGANISATION BETWEEN A REGISTERED TRADE UNION AND THE EMPLOYER
7/2+0,!#% "!3%$ #/,,%#4)6% !'2%%-%.43 ! GROUP OF EMPLOYEES WORKING FOR THE SAME EMPLOYER USUALLY AT ONE WORKPLACE AND THE EMPLOYER NEGOTIATE AND MAKE A COLLECTIVE AGREEMENT 4HE COLLECTIVE AGREEMENT COVERS TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WORKING FOR THAT EMPLOYER 4HE "#%! SAYS WHAT THINGS EMPLOYEES AND EMPLOYERS ARE FREE TO MAKE COLLECTIVE AGREEMENTS ABOUT &OR EXAMPLE EMPLOYEES AND THEIR EMPLOYER CANNOT COLLECTIVELY AGREE THAT CHILD LABOUR WILL BE ALLOWED #ERTAIN CORE RIGHTS CANNOT BE ALTERED 4HESE INCLUDE NORMAL WORKING HOURS HOURS MATERNITY LEAVE NIGHT WORK PROVISIONS ETC ! WORKPLACE BASED AGREEMENT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! 4HE "#%! SETS OUT THE MINIMUM CONDITIONS OF EMPLOYMENT )F AN AGREEMENT BREAKS ANY PART OF THE "#%! IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE AGREEMENT )F THE COLLECTIVE AGREEMENT DOES NOT COVER CERTAIN TERMS AND CONDITIONS OF EMPLOYMENT THEN THOSE TERMS AND CONDITIONS IN THE "#%! APPLY TO THE EMPLOYEES .OTICE TO TERMINATE A COLLECTIVE AGREEMENT MUST BE GIVEN IN WRITING ! COLLECTIVE AGREEMENT CAN BE MADE APPLICABLE FOR ALL EMPLOYEES IN A BARGAINING UNIT IN OTHER WORDS NON UNION MEMBERS IF THE UNION IS A MAJORITY UNION AND THE AGREEMENT SPECIFIES THOSE EMPLOYEES TO BE COVERED BY SUCH COLLECTIVE AGREEMENT
%.&/2#%-%.4 /& ! 7/2+0,!#% "!3%$ #/,,%#4)6% !'2%%-%.4 )F YOU ARE HELPING AN EMPLOYEE WITH A PROBLEM WHICH IS COVERED BY A COLLECTIVE AGREEMENT UNDER THE "#%! THEN YOU REFER THE PROBLEM TO THE ##-! OR "ARGAINING #OUNCIL IF YOU HAVE FAILED TO SOLVE THE PROBLEM WITH THE EMPLOYER ON YOUR OWN )F THERE IS DISAGREEMENT OVER AN INTERPRETATION OF A COLLECTIVE AGREEMENT OR HOW IT IS BEING APPLIED THEN THIS CAN BE REFERRED TO THE ##-! OR APPROPRIATE "ARGAINING #OUNCIL FOR CONCILIATION AND FINAL ARBITRATION
"!2'!).).' #/5.#), !'2%%-%.43 ! "ARGAINING #OUNCIL !GREEMENT IS THE OUTCOME OF CENTRALISED COLLECTIVE BARGAINING UNDER THE ,ABOUR 2ELATIONS !CT ! "ARGAINING #OUNCIL !GREEMENT SETS OUT TERMS AND CONDITIONS OF EMPLOYMENT FOR A PARTICULAR INDUSTRY IN A PARTICULAR AREA 4HE CONDITIONS IN THE COLLECTIVE AGREEMENT MAY BE BETTER FOR EMPLOYEES THAN THOSE IN THE "#%! %MPLOYEES MAY AGREE TO CONDITIONS WHICH ARE DIFFERENT TO THOSE IN THE "#%! PROVIDED THEY DO NOT AFFECT CERTAIN CORE RIGHTS 3EE 3 OF THE "#%!
(/7 !2% "!2'!).).' #/5.#), !'2%%-%.43 -!$% "ARGAINING #OUNCILS ARE PERMANENT STRUCTURES 4HEY ARE MADE UP OF REPRESENTATIVES OF EMPLOYERS ON THE ONE HAND AND OF TRADE UNIONS ON THE OTHER 4HE ,ABOUR 2ELATIONS !CT SETS OUT CONDITIONS FOR SETTING UP "ARGAINING #OUNCILS 4HE TWO PARTIES TO A "ARGAINING #OUNCIL NEGOTIATE TOGETHER TO MAKE A "ARGAINING #OUNCIL !GREEMENT WHICH IS REPORTED IN THE 'OVERNMENT 'AZETTE ! "ARGAINING #OUNCIL MAY ASK THE -INISTER OF ,ABOUR IN WRITING TO EXTEND A COLLECTIVE AGREEMENT TO ANY NON PARTIES TO THE AGREEMENT WHO ARE WITHIN THE SCOPE OF THE COUNCIL
)F THERE IS NO "ARGAINING #OUNCIL IN A SECTOR UNIONS OR EMPLOYER ORGANISATIONS CAN APPLY TO ESTABLISH A 3TATUTORY #OUNCIL UNDER THE ,ABOUR 2ELATIONS !CT &OR A 3TATUTORY #OUNCIL TO BE INTRODUCED THE UNIONS IN THAT SECTOR MUST REPRESENT OR MORE OF EMPLOYEES IN THE SECTOR AND THE EMPLOYERSg ORGANISATION MUST REPRESENT OR MORE OF EMPLOYERS IN THE SECTOR 3TATUTORY #OUNCILS CAN NEGOTIATE EDUCATION AND TRAINING BENEFIT FUNDS AND DISPUTE RESOLUTION IN THE SECTOR )N 3TATUTORY #OUNCILS EMPLOYERS ARE NOT FORCED TO NEGOTIATE OVER WAGES AND CONDITIONS OF EMPLOYMENT ! 3TATUTORY #OUNCIL MAY BECOME A "ARGAINING #OUNCIL LATER !T PRESENT IN 3OUTH !FRICA ONLY ONE STATUTORY COUNCIL HAS BEEN CREATED THIS IS IN THE PRINTING INDUSTRY
%.&/2#%-%.4 /& ! "!2'!).).' #/5.#), !'2%%-%.4 )T IS AN OFFENCE FOR EMPLOYERS OR EMPLOYEES WORKING IN A PARTICULAR INDUSTRY AND AREA NOT TO OBEY THE TERMS OF THE "ARGAINING #OUNCIL !GREEMENT !NY PROBLEMS ABOUT ANY OF THE WORKING CONDITIONS IN THE !GREEMENT MUST BE REFERRED TO THE "ARGAINING #OUNCIL FOR INVESTIGATION 4HE "ARGAINING #OUNCILS AGENTS HAVE POWERS OF INSPECTION SIMILAR TO ,ABOUR )NSPECTORS IN TERMS OF THE "#%! 3UCH AGENTS CAN PROVIDE #OMPLIANCE /RDERS WHERE EMPLOYERS ARE IN BREACH OF THE COUNCIL AGREEMENT 3EE PAGE 0ROBLEM %MPLOYEES IS PAID BELOW THE MINIMUM WAGE
3%44,).' $)3054%3 5.$%2 ! "!2'!).).' #/5.#), 4HE "ARGAINING #OUNCIL ALSO PLAYS A ROLE IN SETTLING DISPUTES SUCH AS UNFAIR LABOUR PRACTICES OR UNFAIR DISMISSALS IN A PARTICULAR INDUSTRY $ISPUTES MUST BE REFERRED TO THE RELEVANT "ARGAINING #OUNCIL FOR CONCILIATION IF A "ARGAINING #OUNCIL EXISTS IN THE 3ECTOR 4HE #OUNCIL ACTS AS A MEDIATOR TO TRY TO HELP THE TWO PARTIES NEGOTIATE A SOLUTION )F THE CONCILIATION DOES NOT RESOLVE THE DISPUTE EITHER OF THE PARTIES MAY REFER THE MATTER FOR ARBITRATION TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! UNLESS THE "ARGAINING #OUNCIL HAS ITS OWN ACCREDITED ARBITRATORS 4HE "ARGAINING #OUNCIL DISPUTE RESOLUTION PROCEDURE IS SIMILAR TO THE ##-! DISPUTE RESOLUTION PROCEDURE ! "ARGAINING #OUNCIL OR ##-! ARBITRATOR MAY MAKE AN AWARD ORDERING THE EMPLOYER TO PAY AN AMOUNT OWING OR IMPOSE A FINE OR AN APPROPRIATE AWARD 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
3ECTORAL DETERMINATIONS ! SECTORAL DETERMINATION CONTROLS THE TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN A PARTICULAR SECTOR )T MAY SET MINIMUM WAGES IN SECTORS REGULATE PAYMENT IN KIND REGULATE PENSION AND MEDICAL AID SCHEMES PROHIBIT OR REGULATE PIECE WORK SET MINIMUM STANDARDS FOR HOUSING FOR EMPLOYEES WHO LIVE ON THE EMPLOYERgS PREMISES AND SO ON 3ECTORAL DETERMINATIONS WILL BE SET IN SECTORS WHERE THERE IS NO CENTRALISED COLLECTIVE BARGAINING AND WHICH REQUIRE DETAILED AND SPECIFIC REGULATIONS EG THE AGRICULTURAL SECTOR 3ECTORAL DETERMINATIONS MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! 4HE CONDITIONS IN THE SECTORAL DETERMINATIONS WILL OVERRIDE THE CONDITIONS IN THE "#%!
(/7 !2% 3%#4/2!, $%4%2-).!4)/.3 -!$% 4HE "#%! PROVIDES FOR THE ESTABLISHMENT OF AN %MPLOYMENT #ONDITIONS #OMMISSION WHICH INVESTIGATES CONDITIONS IN A PARTICULAR INDUSTRY OR SECTOR -EETINGS ARE HELD TO DISCUSS THE ESTABLISHMENT OF A SECTORAL DETERMINATION !NYONE WHO IS INTERESTED IN HAVING A SAY IN A PARTICULAR INDUSTRY CAN ATTEND THESE MEETINGS WHICH ARE ADVERTISED IN THE GOVERNMENT GAZETTE 7HEN THE %MPLOYMENT #ONDITIONS #OMMISSION HAS HEARD ALL THE INFORMATION IT MAKES RECOMMENDATIONS TO THE -INISTER OF ,ABOUR /NCE THE -INISTER APPROVES THE RECOMMENDATIONS THEY ARE PUBLISHED IN THE 'OVERNMENT 'AZETTE AS A WAGE DETERMINATION OR SECTORAL DETERMINATION
%.&/2#%-%.4 /& ! 3%#4/2!, $%4%2-).!4)/. )T IS THE $EPARTMENT OF ,ABOURgS JOB TO MAKE SURE THAT ALL EMPLOYERS AND EMPLOYEES OBEY THE CONDITIONS OF EMPLOYMENT LAID OUT IN SECTORAL DETERMINATIONS AND WAGE DETERMINATIONS )F YOU ARE HELPING AN EMPLOYEE WHO IS COVERED BY A SECTORAL DETERMINATION OR WAGE DETERMINATION YOU REFER THE PROBLEM TO THE $EPARTMENT OF ,ABOUR IF YOU HAVE TRIED AND CANNOT SOLVE THE PROBLEM WITH THE EMPLOYER ON YOUR OWN 3EE PAGE 0ROBLEM %MPLOYEE IS PAID BELOW THE MINIMUM WAGE
3%44,).' $)3054%3 5.$%2 ! 3%#4/2!, $%4%2-).!4)/. )T IS ALSO THE $EPARTMENT OF ,ABOURgS JOB TO HELP WITH THE SETTLING OF DISPUTES
35--!29 /& 4(% 3%#4/2!, $%4%2-).!4)/. &/2 &!2-7/2+%23 4HE EMPLOYMENT CONDITIONS OF FARMWORKERS ARE REGULATED BY 3ECTORAL $ETERMINATION AND THE ,ABOUR 2ELATIONS !CT 4HIS IS A SUMMARY OF THE PROVISIONS CONTAINED IN 3ECTORAL $ETERMINATION 3EE THE WEBSITE WWWLABOURGOVZA AND CLICK ON THE APPROPRIATE 3ECTORAL $ETERMINATION FOR MORE INFORMATION
./4)#% 0%2)/$ !.$ 4%2-).!4)/. /& %-0,/9-%.4 !NY PARTY TO AN EMPLOYMENT CONTRACT MUST GIVE WRITTEN NOTICE EXCEPT WHEN AN ILLITERATE EMPLOYEE GIVES IT AS FOLLOWS s ONE WEEK n IF EMPLOYED FOR MONTHS OR LESS s FOUR WEEKS n IF EMPLOYED FOR MORE THAN MONTHS .OTICE MUST BE EXPLAINED VERBALLY BY OR ON BEHALF OF THE EMPLOYER TO A FARMWORKER IF HESHE IS NOT ABLE TO UNDERSTAND IT )F THE FARMWORKER LIVES IN ACCOMMODATION PROVIDED BY THE EMPLOYER THEN THE EMPLOYER MUST GIVE HIMHER ONE MONTHS NOTICE TO LEAVE THE ACCOMMODATION OR ALLOW THE EMPLOYEE TO REMAIN IN THE HOME UNTIL THE CONTRACT OF EMPLOYMENT ENDS 4HE FARM WORKER IS ALLOWED TO KEEP LIVESTOCK ON THE PREMISES FOR A PERIOD OF ONE MONTH OR UNTIL THE CONTRACT OF EMPLOYMENT COULD LAWFULLY HAVE BEEN TERMINATED 4HE FARMWORKER WHO HAS STANDING CROPS ON THE LAND IS ALLOWED TO TEND TO THOSE CROPS HARVEST AND REMOVE THEM WITHIN A REASONABLE TIME AFTER THEY BECOME READY FOR HARVESTING UNLESS THE EMPLOYER PAYS THE FARMWORKER AN AGREED AMOUNT FOR THE CROPS !LL MONEY THAT IS OWING TO THE FARMWORKER FOR EXAMPLE WAGES ALLOWANCES PRO RATA LEAVE PAID TIME OFF NOT TAKEN AND SO ON MUST BE PAID TO THE EMPLOYEE IF THE EMPLOYEE LEAVES THE FARM
02/#%$52% &/2 4%2-).!4).' %-0,/9-%.4 ! FARMWORKERS CONTRACT OF EMPLOYMENT MAY NOT BE TERMINATED UNLESS A VALID AND FAIR REASON EXISTS AND A FAIR PROCEDURE IS FOLLOWED )F AN EMPLOYEE IS DISMISSED WITHOUT A VALID REASON OR WITHOUT A FAIR PROCEDURE THE EMPLOYEE CAN REFER THE CASE TO THE ##-! 4HIS SHOULD BE DONE WITHIN THIRTY DAYS OF BEING DISMISSED FROM THE FARM )F A FARMWORKER CANNOT RETURN TO WORK BECAUSE OF A DISABILITY THE EMPLOYER MUST INVESTIGATE THE NATURE OF THE DISABILITY AND DECIDE WHETHER OR NOT IT IS PERMANENT OR TEMPORARY 4HE EMPLOYER MUST TRY TO CHANGE OR ADAPT THE DUTIES OF THE EMPLOYEE TO ACCOMMODATE THE EMPLOYEE AS FAR AS POSSIBLE "UT IF IT IS NOT POSSIBLE FOR THE EMPLOYER TO CHANGE OR ADAPT THE DUTIES OF THE FARMWORKER THEN THE EMPLOYER CAN TERMINATE HISHER SERVICES FOR WHAT IS CALLED h)NCAPACITYv 4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES THAT MUST BE FOLLOWED WHEN A PERSONS SERVICES ARE TERMINATED
7!'%2%-5.%2!4)/.0!9-%.4 !LL FARMERS HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 4HERE ARE TWO RATES FOR !LL FARMERS HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 0REVIOUSLY THERE WERE TWO RATES FOR THE MINIMUM WAGE WHICH WERE BASED ON THE AREA WHERE THE FARM WAS LOCATED 4HERE IS NOW ONLY ONE RATE THAT APPLIES TO ALL AREAS 7AGE RATES ARE ADJUSTED EVERY YEAR 4HE MINIMUM RATE FOR THE PERIOD -ARCH TO &EBRUARY IS 2 PER MONTH AND 2 PER HOUR &ARMERS WHO CAN PROVE THAT THEY CANNOT AFFORD THE MINIMUM WAGE CAN APPLY TO THE $EPARTMENT OF ,ABOUR FOR A VARIATION OR EXEMPTION FROM THIS REQUIREMENT 4HE $EPARTMENT WILL CONSIDER VARIATIONS ONLY WHERE THE FARMER CAN GIVE GOOD FINANCIAL REASONS FOR THIS !DDITIONAL PAYMENTS SUCH AS FOR OVERTIME OR WORK ON 3UNDAYS OR 0UBLIC HOLIDAYS ARE CALCULATED FROM THE TOTAL REMUNERATION
42!.30/24 !,,/7!.#% 4HE 3ECTORAL $ETERMINATION DOES NOT REGULATE TRANSPORT SO IT IS OPEN TO NEGOTIATION BETWEEN THE PARTIES
(/523 /& 7/2+ ./2-!, (/523 %8#,5$).' /6%24)-% ! FARMWORKER CANNOT WORK MORE THAN s HOURS PER WEEK s HOURS PER DAY FOR A FIVE DAY WORK WEEK s HOURS A DAY FOR A SIX DAY WORK WEEK
%84%.3)/. /& /2$).!29 (/523 /& 7/2+ /RDINARY HOURS OF WORK CAN BE EXTENDED BY WRITTEN AGREEMENT BUT BY NO MORE THAN HOURS PER WEEK FOR A PERIOD OF UP TO FOUR MONTHS 4HE ORDINARY HOURS OF WORK SHOULD BE REDUCED BY THE SAME NUMBER OF HOURS DURING A QUIET PERIOD IN THE SAME TWELVE MONTH PERIOD
!VERAGING OF WORKING HOURS DURING SEASON TIME !VERAGING MEANS EMPLOYEES CAN COLLECTIVELY AGREE TO WORK SHORTER OR LONGER HOURS THAN THE 3ECTORAL $ETERMINATION ALLOWS !NY AGREEMENT TO WORK LONGER HOURS MEANS EMPLOYEES MUST GET THE SAME NUMBER OF EXTRA HOURS OFF AT A LATER TIME !NY AGREEMENT REGARDING LONGER OR SHORTER WORKING HOURS MUST BE IN WRITING AND SHOULD BE DONE WITH THE SUPPORT OF A TRADE UNION WHERE POSSIBLE &ARMWORKERS CAN AGREE TO WORK UP TO HOURS A WEEK FOR THEIR ORDINARY WAGES BUT THIS CAN ONLY GO ON FOR FOUR MONTHS (OWEVER IF THE PARTIES WANT TO EXTEND THIS ARRANGEMENT THEY CAN AGREE IN WRITING TO DO THIS AND THEY MUST THEN NOTIFY THE $EPARTMENT OF ,ABOUR OF THIS AGREEMENT )N RETURN NORMAL WORKING HOURS MUST BE REDUCED BY THE SAME AMOUNT IN OTHER WORDS TO HOURS DURING THE QUIET PERIODS 4HE EMPLOYER MUST PAY THE FARMWORKER THE WAGE HESHE WOULD HAVE RECEIVED FOR HISHER NORMAL HOURS WORKED )F HOURS HAVE BEEN EXTENDED AND NOT REDUCED AT A LATER STAGE THEN THE HOURS MUST BE PAID AS OVERTIME
/6%24)-% ! FARMWORKER MAY NOT WORK n s MORE THAN HOURS OVERTIME PER WEEK AND s MORE THAN HOURS SPREAD OVER ON ANY DAY INCLUDING OVERTIME
/VERTIME IS PAID AT ONE AND A HALF TIME THE EMPLOYEES NORMAL WAGE OR AN EMPLOYEE MAY AGREE TO TAKE PAID TIME OFF ON THE BASIS OF ONE AND A HALF HOURS OFF FOR EVERY OVERTIME HOUR WORKED
$!),9 !.$ 7%%+,9 2%34 0%2)/$3 ! FARMWORKER IS ENTITLED TO A DAILY REST PERIOD OF CONSECUTIVE HOURS HOURS IN A ROW AND A WEEKLY REST PERIOD OF CONSECUTIVE HOURS WHICH MUST INCLUDE 3UNDAY UNLESS OTHERWISE AGREED 4HE DAILY REST PERIOD CAN BE REDUCED TO HOURS IF THE PARTIES AGREE AND IF THE EMPLOYEE LIVES ON THE PREMISES AND TAKES A MEAL INTERVAL THAT LASTS FOR AT LEAST HOURS 4HE WEEKLY REST PERIOD CAN BY AGREEMENT BE EXTENDED TO CONSECUTIVE HOURS EVERY TWO WEEKS OR BE REDUCED TO HOURS IN ANY WEEK IF THE REST PERIOD IN THE FOLLOWING WEEK IS ALSO EXTENDED
.)'(4 7/2+ s .IGHT WORK MEANS WORK PERFORMED AFTER PM AND BEFORE AM s .IGHT WORK CAN ONLY HAPPEN IF THE FARMWORKER HAS AGREED TO THIS IN WRITING 4HE EMPLOYEE MUST BE COMPENSATED FOR NIGHT WORK BY AN ALLOWANCE OF AT LEAST OF THE ORDINARY DAILY WAGE
-%!, ).4%26!,3 ! FARMWORKER IS ENTITLED TO A ONE HOUR BREAK FOR A MEAL AFTER FIVE HOURS WORK OF CONTINUOUS WORK 4HE INTERVAL MAY BE REDUCED TO MINUTES BY AGREEMENT 7HEN A SECOND MEAL INTERVAL IS REQUIRED BECAUSE OF OVERTIME WORKED IT MAY BE REDUCED TO NOT LESS THAN MINUTES )F AN EMPLOYEE HAS TO WORK THROUGH HIS OR HER MEAL INTERVAL THEN HESHE MUST BE PAID FOR THIS
7/2+ /. 35.$!93 &ARMWORKERS SHOULD BE PAID FOR WORK ON 3UNDAYS AS FOLLOWS (/523 7/2+%$
0!9-%.4
/NE HOUR OR LESS
$OUBLE THE WAGE FOR ONE HOUR
,ONGER THAN ONE HOUR BUT LESS THAN HOURS
$OUBLE THE WAGE FOR THE TIME WORKED
,ONGER THAN TWO HOURS BUT LESS THAN HOURS
4HE NORMAL DAILY WAGE
,ONGER THAN HOURS
%ITHER
DOUBLE THE WAGE FOR THE HOURS WORKED OR
DOUBLE THE DAILY WAGE WHICHEVER IS GREATER
! FARMWORKER WHO DOES NOT LIVE ON THE FARM AND WHO WORKS ON A 3UNDAY MUST BE REGARDED AS HAVING WORKED AT LEAST TWO HOURS ON THAT DAY
05",)# (/,)$!93 &ARMWORKERS ARE ENTITLED TO ALL THE PUBLIC HOLIDAYS IN THE 0UBLIC (OLIDAYS !CT BUT THE PARTIES CAN AGREE TO OTHER PUBLIC HOLIDAYS 7ORK ON A PUBLIC HOLIDAY IS VOLUNTARY WHICH MEANS A FARMWORKER MAY NOT BE FORCED TO WORK
4HE OFFICIAL PUBLIC HOLIDAYS ARE .EW 9EARS $AY (UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY &REEDOM $AY %MPLOYEES $AY 9OUTH $AY .ATIONAL 7OMANS $AY (ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL 7HERE THE GOVERNMENT DECLARES AN OFFICIAL PUBLIC HOLIDAY AT ANY OTHER TIME THEN THIS MUST BE GRANTED 4HE DAYS CAN BE EXCHANGED FOR ANY OTHER DAY BY AGREEMENT )F THE EMPLOYEE WORKS ON A PUBLIC HOLIDAY HESHE MUST BE PAID DOUBLE THE NORMAL DAILY WAGE
!..5!, ,%!6% &ULL TIME FARMWORKERS ARE ENTITLED TO WEEKS LEAVE PER YEAR )F THE PARTIES AGREE THEY CAN TAKE LEAVE AS FOLLOWS DAY FOR EVERY DAYS WORKED OR ONE HOUR FOR EVERY HOURS WORKED 4HE LEAVE MUST BE GIVEN NOT LATER THAN MONTHS AFTER COMPLETING MONTHS OF EMPLOYMENT WITH THE SAME EMPLOYER 4HE LEAVE MAY NOT BE GIVEN AT THE SAME TIME AS SICK LEAVE NOR AT THE SAME TIME AS A PERIOD OF NOTICE TO TERMINATE WORK
3)#+ ,%!6% $URING THE FIRST SIX MONTHS OF EMPLOYMENT AN EMPLOYEE IS ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED $URING A SICK LEAVE CYCLE OF MONTHS AN EMPLOYEE IS ENTITLED TO PAID SICK LEAVE THAT IS EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF WEEKS 4HE EMPLOYER DOES NOT HAVE TO PAY AN EMPLOYEE IF THE EMPLOYEE HAS BEEN ABSENT FROM WORK n s FOR MORE THAN TWO DAYS IN A ROW OR s ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD AND DOES NOT PRODUCE A MEDICAL CERTIFICATE STATING THAT HESHE WAS TOO SICK OR INJURED TO WORK
-!4%2.)49 ,%!6% ! FARMWORKER IS ENTITLED TO UP TO CONSECUTIVE MONTHS MATERNITY LEAVE 4HE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE PERIOD FOR WHICH SHE IS OFF WORK DUE TO HER PREGNANCY (OWEVER THE PARTIES MAY AGREE THAT THE EMPLOYEE WILL RECEIVE PART OF HER WHOLE WAGE FOR THE TIME THAT SHE IS OFF AND THE MOTHER IS ABLE TO CLAIM FROM THE 5)& FOR MATERNITY LEAVE BENEFITS
&!-),9 2%30/.3)"),)49 ,%!6% %MPLOYEES WHO HAVE BEEN EMPLOYED FOR LONGER THAN MONTHS AND FOR AT LEAST DAYS A WEEK ARE ENTITLED TO TAKE DAYS PAID FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IN THE FOLLOWING CIRCUMSTANCES s WHEN THE EMPLOYEES CHILD IS BORN OR s WHEN THE EMPLOYEES CHILD IS SICK OR s IF ONE OF THE FOLLOWING PEOPLE DIES THE EMPLOYEES HUSBAND WIFE LIFE PARTNER PARENT ADOPTIVE PARENT GRANDPARENT CHILDADOPTED CHILD GRANDCHILD BROTHER OR SISTER
$%$5#4)/.3 &2/- 4(% 2%-5.%2!4)/. !N EMPLOYER IS NOT ALLOWED TO DEDUCT ANY MONIES FROM THE EMPLOYEES WAGES WITHOUT HISHER WRITTEN PERMISSION 4HERE CAN BE A DEDUCTION OF NO MORE THAN FOR FOOD AND FOR ACCOMMODATION WHERE THE FOOD AND ACCOMMODATION IS PROVIDED FREE OF CHARGE BY THE EMPLOYER AND ON A REGULAR AND CONSISTENT BASIS
4HERE SHOULD ALSO BE NO DEDUCTION FOR ELECTRICITY WATER OR OTHER SERVICES )N ADDITION THE HOUSE MUST HAVE A PROPER ROOF WHICH IS WATERPROOF )T MUST HAVE GLASS WINDOWS THAT CAN BE OPENED ELECTRICITY SAFE WATER ON TAP INSIDE THE HOUSE OR NOT FURTHER THAN METER FROM THE HOUSE AND A FLUSH TOILET OR PIT LATRINE INSIDE OR CLOSE TO THE HOUSE &ARMERS MAY NOT DEDUCT MONEY FROM WAGES FOR TRAINING PROVISION OF TOOLS OR EQUIPMENT OR UNIFORMS &ARMERS MAY ONLY DEDUCT MONEY FROM WAGES IF THIS IS FOR PAYMENT TO s A FUNERALPENSION FUND s A FINANCIAL INSTITUTION s TRADE UNION FEES
/4(%2 )335%3 /THER ISSUES THAT ARE NOT DEALT WITH IN THE 3ECTORAL $ETERMINATION INCLUDE s PROBATIONARY PERIODS s RIGHT OF ENTRY TO THE EMPLOYERS PREMISES s AFTERNOONS WEEKENDS OFF s PENSION SCHEMES s MEDIAL AID s TRAININGSCHOOL FEES s FUNERAL BENEFITSSAVING ACCOUNTS 4HESE CAN ALL BE NEGOTIATED BETWEEN THE PARTIES AND INCLUDED IN THE CONTRACT OF EMPLOYMENT
02/()")4)/. /& %-0,/9-%.4 .O ONE UNDER THE AGE OF CAN BE REQUIRED OR PERMITTED TO WORK
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4 4HERE IS NO PROVISION WHICH PREVENTS OTHER CONDITIONS OF EMPLOYMENT BEING INCLUDED IN A CONTRACT OF EMPLOYMENT BUT ANY NEW CONDITIONS MAY NOT BE LESS FAVOURABLE THAN THOSE SET BY THE 3ECTORAL $ETERMINATION
'%.%2!, !$-).)342!4)6% 2%15)2%-%.43 4HE 3ECTORAL $ETERMINATION STATES THAT FARMERS MUST COMPLY WITH THE FOLLOWING ADMINISTRATIVE PROCESSES s PROVIDE EMPLOYEES WITH A PAY SLIP WHICH SHOULD BE KEPT FOR A PERIOD OF YEARS s PROVIDE EMPLOYEES WITH AN EMPLOYMENT CONTRACT 3EE WWWLABOURGOVZA FOR MORE INFORMATION ./4% &ARMWORKERS ARE ALSO COVERED BY THE ,ABOUR 2ELATIONS !CT AND HAVE A RIGHT TO BELONG TO UNIONS AND TO ORGANISE WITH OTHER EMPLOYEES 5NION ORGANISERS HAVE TO NEGOTIATE ACCESS ONTO THE FARMS WITH THE FARMERS )F THE FARMER REFUSES THE MATTER CAN BE TAKEN UP WITH THE $EPARTMENT OF ,ABOUR OR THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ! UNION WHICH HAS APPROXIMATELY OF EMPLOYEES IN AN ORGANISATION AS ITS MEMBERS IS ENTITLED TO HAVE ACCESS TO THE FARM OR THE ESTABLISHMENT TO HOLD MEETINGS AND TO RUN UNION BUSINESS )F THIS IS A PROBLEM THE MATTER CAN BE REFERRED TO THE ##-!
#/.42!#4 /& %-0,/9-%.4 &/2 &!2-7/2+%23 %8!-0,%
&!2-7/2+%2 n #/.42!#4 /& %-0,/9-%.4
.AME OF EMPLOYER !DDRESS OF EMPLOYER .AME OF EMPLOYEE #/--%.#%-%.4 /& %-0,/9-%.4 %MPLOYMENT STARTEDWILL START ON AND CONTINUE UNTIL TERMINATED IN TERMS OF THIS CONTRACT 0,!#% /& 7/2+ */" $%3#2)04)/. *OB TITLE $UTIES (/523 /& 7/2+ .ORMAL WORKING HOURS WILL BE HOURS PER WEEK MADE UP AS FOLLOWS -ONDAY4UESDAY7EDNESDAY 4HURSDAY &RIDAY AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3ATURDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3UNDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS (OURS OF WORK WILL BE EXTENDED BY NOT MORE THAN HOURS PER WEEK DURING AND REDUCED BY THE SAME HOURS DURING /VERTIME WILL BE WORKED AS AGREED FROM TIME TO TIME AND WILL BE PAID AT THE RATE OF ONE AND A HALF TIMES OF THE TOTAL WAGE AS SET OUT IN CLAUSE AND OF THIS CONTRACT 7!'% 4HE EMPLOYEES WAGE SHALL BE PAID IN CASH ON THE LAST WORKING DAY OF EVERY WEEKMONTH AND SHALL BE
2
4HE EMPLOYEE SHALL BE ENTITLED TO THE FOLLOWING ALLOWANCESOTHER CASH PAYMENTS IN KIND !CCOMMODATION PER WEEKMONTH TO THE VALUE OF 2 &OOD PER WEEKMONTH TO THE VALUE OF 4HE FOLLOWING DEDUCTIONS ARE AGREED UPON
2 2
4HE TOTAL VALUE OF THE ABOVE REMUNERATION SHALL BE
2
2
THE TOTAL OF CLAUSES TO n CHANGE OR DELETE CLAUSES AS NEEDED
4HE EMPLOYER SHALL REVIEW THE EMPLOYEES SALARYWAGE ON OR BEFORE -ARCH OF EVERY YEAR 4%2-).!4)/. /& %-0,/9-%.4 %ITHER PARTY CAN TERMINATE THIS AGREEMENT WITH ONE WEEKgS NOTICE DURING THE FIRST SIX MONTHS OF EMPLOYMENT AND WITH FOUR WEEKS NOTICE THEREAFTER .OTICE MUST BE GIVEN IN WRITING EXCEPT WHEN IT IS GIVEN BY AN ILLITERATE EMPLOYEE )N THE CASE WHERE THE EMPLOYEE IS ILLITERATE NOTICE MUST BE EXPLAINED ORALLY BY OR ON BEHALF OF THE EMPLOYER /N GIVING NOTICE THE EMPLOYER IS TO PROVIDE THE EMPLOYEE WHO RESIDES IN ACCOMMODATION THAT BELONGS TO THE FARMER ACCOMMODATION FOR A PERIOD OF A MONTH 4HE EMPLOYER IS ALSO OBLIGED TO ALLOW THE EMPLOYEE WHO HAS STANDING CROPS ON THE LAND A REASONABLE TIME TO HARVEST THE CROP OR THE FARMER MAY PAY THE EMPLOYEE AN AGREED AMOUNT FOR THAT CROP
&!2-7/2+%23 n #/.42!#4 /& %-0,/9-%.4 CONTINUED 35.$!9 7/2+ !NY WORK ON 3UNDAY WILL BE BY AGREEMENT BETWEEN PARTIES AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION 05",)# (/,)$!93 !NY WORK ON HOLIDAYS WILL BE BY AGREEMENT AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION !..5!, ,%!6% 4HE EMPLOYEE IS ENTITLED TO THREE WEEKS PAID LEAVE AFTER EVERY MONTHS OF CONTINUOUS SERVICE 3UCH LEAVE IS TO BE TAKEN AT TIMES CONVENIENT TO THE EMPLOYER AND THE EMPLOYER MAY REQUIRE THE EMPLOYEE TO TAKE HISHER LEAVE AT SUCH TIMES AS COINCIDE WITH THAT OF THE EMPLOYER 3)#+ ,%!6% $URING EVERY SICK LEAVE CYCLE OF MONTHS THE EMPLOYER WILL BE ENTITLED TO AN AMOUNT OF PAID SICK LEAVE EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF SIX WEEKS $URING THE FIRST MONTHS OF EMPLOYMENT THE EMPLOYEE WILL BE ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED 4HE EMPLOYEE IS TO NOTIFY THE EMPLOYER AS SOON AS POSSIBLE IN CASE OF HISHER ABSENCE FROM WORK THROUGH ILLNESS ! MEDICAL CERTIFICATE IS REQUIRED IF ABSENT FOR MORE THAN CONSECUTIVE DAYS OR IF ABSENT ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD -!4%2.)49 ,%!6% 4ICK THE APPLICABLE CLAUSES IN THE SPACE PROVIDED
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE WITHOUT PAY /2 R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE ON PAY &!-),9 2%30/.3)"),)49 ,%!6% 4HE EMPLOYEE WILL BE ENTITLED TO THREE DAYS FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IF HESHE WORKS ON AT LEAST DAYS A WEEK AND PROVIDED THE EMPLOYEE HAS BEEN EMPLOYED FOR LONGER THAN FOUR MONTHS !##/--/$!4)/. 4ICK THE APPROPRIATE BOX 4HE EMPLOYEE WILL BE PROVIDED WITH ACCOMMODATION FOR AS LONG AS THE EMPLOYEE IS
R IN THE SERVICE OF THE EMPLOYER WHICH SHALL FORM PART OF HISHER REMUNERATION PACKAGE 4HE ACCOMMODATION MAY ONLY BE OCCUPIED BY THE EMPLOYEE AND HISHER IMMEDIATE
R FAMILY UNLESS BY PRIOR ARRANGEMENT WITH THE EMPLOYER 0RIOR PERMISSION SHOULD BE OBTAINED FOR VISITORS WHO WISH TO STAY THE NIGHT (OWEVER
R WHERE MEMBERS OF THE EMPLOYEES DIRECT FAMILY ARE VISITING SUCH PERMISSION WILL NOT BE NECESSARY
#,/4().' DELETE WHICHEVER IS NOT APPLICABLE SETS OF UNIFORMSPROTECTIVE CLOTHING SETS OF BOOTS WILL BE SUPPLIED TO THE EMPLOYEE FREE OF CHARGE BY THE EMPLOYER AND WILL REMAIN THE PROPERTY OF THE EMPLOYER
&!2-7/2+%23 n #/.42!#4 /& %-0,/9-%.4 CONTINUED /4(%2 #/.$)4)/.3 /& %-0,/9-%.4 /2 "%.%&)43 '%.%2!, !NY CHANGES TO THE WRITTEN CONTRACT WILL ONLY BE VALID IF AGREED BY BOTH PARTIES
%-0,/9%2
$ATE %-0,/9%% 3IGNED IN ACKNOWLEDGEMENT OF RECEIPT
35--!29 /& 4(% 3%#4/2!, $%4%2-).!4)/. &/2 $/-%34)# 7/2+%23 7ORKING CONDITIONS OF DOMESTIC WORKERS ARE REGULATED BY A SECTORAL DETERMINATION AND THE ,ABOUR 2ELATIONS !CT 3EE PAGE 3ECTORAL $ETERMINATIONS
./4)#% 0%2)/$ !.$ 4%2-).!4)/. /& %-0,/9-%.4 !NY PARTY TO AN EMPLOYMENT CONTRACT MUST GIVE WRITTEN NOTICE EXCEPT WHEN AN ILLITERATE EMPLOYEE GIVES IT AS FOLLOWS s ONE WEEK n IF EMPLOYED FOR MONTHS OR LESS s FOUR WEEKS n IF EMPLOYED FOR MORE THAN MONTHS .OTICE MUST BE EXPLAINED VERBALLY BY OR ON BEHALF OF THE EMPLOYER TO A DOMESTIC WORKER IF HESHE IS NOT ABLE TO UNDERSTAND IT )F THE DOMESTIC WORKER LIVES IN ACCOMMODATION PROVIDED BY THE EMPLOYER THEN THE EMPLOYER MUST GIVE HIMHER ONE MONTHS NOTICE TO LEAVE THE ACCOMMODATION OR UNTIL THE CONTRACT OF EMPLOYMENT COULD LAWFULLY HAVE BEEN TERMINATED !LL MONEY THAT IS OWING TO THE DOMESTIC WORKER FOR EXAMPLE WAGES ALLOWANCES PRO RATA LEAVE AND PAID TIME OFF NOT TAKEN MUST BE PAID !N EMPLOYER WHO HAS TO DISMISS AN EMPLOYEE DUE TO A CHANGE IN HISHER ECONOMIC TECHNOLOGICAL OR STRUCTURAL SET UP CALLED OPERATIONAL REQUIREMENTS IN THE DETERMINATION IS RESPONSIBLE FOR SEVERANCE PAY TO THE EMPLOYEE
02/#%$52% &/2 4%2-).!4).' %-0,/9-%.4 ! DOMESTIC WORKERS CONTRACT OF EMPLOYMENT MAY NOT BE TERMINATED UNLESS A VALID AND FAIR REASON EXISTS AND A FAIR PROCEDURE IS FOLLOWED )F AN EMPLOYEE IS DISMISSED WITHOUT A VALID REASON OR WITHOUT A FAIR PROCEDURE THE EMPLOYEE CAN REFER THE CASE TO THE ##-! )F A DOMESTIC WORKER CANNOT RETURN TO WORK BECAUSE OF A DISABILITY THE EMPLOYER MUST INVESTIGATE THE NATURE OF THE DISABILITY AND DECIDE WHETHER OR NOT IT IS PERMANENT OR TEMPORARY 4HE EMPLOYER MUST TRY TO CHANGE OR ADAPT THE DUTIES OF THE EMPLOYEE TO ACCOMMODATE THE EMPLOYEE AS FAR AS POSSIBLE "UT IF IT IS NOT POSSIBLE FOR THE EMPLOYER TO CHANGE OR ADAPT THE DUTIES OF THE DOMESTIC WORKER THEN THE EMPLOYER CAN TERMINATE HISHER SERVICES 4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES THAT MUST BE FOLLOWED WHEN A PERSONS SERVICES ARE TERMINATED
7!'%2%-5.%2!4)/.0!9-%.4 !LL EMPLOYERS OF DOMESTIC WORKERS THROUGHOUT 3OUTH !FRICA HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 4HERE ARE TWO RATES FOR THE MINIMUM WAGE WHICH ARE BASED ON s WHERE THE DOMESTIC WORKER WORKS s THE NUMBER OF HOURS WORKED PER WEEK
7!'%3 !##/2$).' 4/ !2%!3 7AGES ARE PRESCRIBED FOR TWO AREAS !REA ! AND !REA " 4HESE AREAS ARE BASED ON MUNICIPAL BOUNDARIES
!2%! ! "ERGRIVIER ,OCAL -UNICIPALITY "REEDERIVIER ,OCAL -UNICIPALITY "UFFALO #ITY ,OCAL -UNICIPALITY #APE !GULHAS ,OCAL -UNICIPALITY #EDERBERG ,OCAL -UNICIPALITY #ITY OF #APE 4OWN #ITY OF *OHANNESBURG -ETROPOLITAN -UNICIPALITY #ITY OF 4SHWANE -ETROPOLITAN -UNICIPALITY $RAKENSTEIN ,OCAL -UNICIPALITY %KURHULEN -ETROPOLITAN -UNICIPALITY %MALAHLENI ,OCAL -UNICIPALITY %MFULENI ,OCAL -UNICIPALITY %THEKWINI -ETROPOLITAN 5NICITY 'AMAGARA ,OCAL -UNICIPALITY 'EORGE ,OCAL -UNICIPALITY (IBISCUS #OAST ,OCAL -UNICIPALITY +AROO (OOGLAND ,OCAL -UNICIPALITY +GATELOPELE ,OCAL -UNICIPALITY +HARA (AIS ,OCAL -UNICIPALITY +NYSNA ,OCAL -UNICIPALITY +UNGWINI ,OCAL -UNICIPALITY +OUGA ,OCAL -UNICIPALITY ,ANGEBERG ,OCAL -UNICIPALITY ,ESEDI ,OCAL -UNICIPALITY -AKANA ,OCAL -UNICIPALITY -ANGAUNG ,OCAL -UNICIPALITY -ATZIKAMA ,OCAL -UNICIPALITY -ETSIMAHOLO ,OCAL -UNICIPALITY -IDDELBURG ,OCAL -UNICIPALITY -IDVAAL ,OCAL -UNICIPALITY -NGENI ,OCAL -UNICIPALITY -OGALE ,OCAL -UNICIPALITY -OSSELBAAI ,OCAL -UNICIPALITY -SUNDUZI ,OCAL -UNICIPALITY -TUBATU ,OCAL -UNICIPALITY .AMA +HOI ,OCAL -UNICIPALITY .ELSON -ANDELA .OKENG TSA 4AEMANE ,OCAL -UNICIPALITY /UDTSHOORN ,OCAL -UNICIPALITY /VERSTRAND ,OCAL -UNICIPALITY 0LETTENBERGBAAI ,OCAL -UNICIPALITY 0OTCHEFSTROOM ,OCAL -UNICIPALITY 2ANDFONTEIN ,OCAL -UNICIPALITY 2ICHTERSVELD ,OCAL -UNICIPALITY 3ALDANHA "AY ,OCAL -UNICIPALITY 3OL 0LAATJIE ,OCAL -UNICIPALITY 3TELLENBOSCH ,OCAL -UNICIPALITY 3WARTLAND ,OCAL -UNICIPALITY 3WELLENDAM ,OCAL -UNICIPALITY 4HEEWATERSKLOOF ,OCAL -UNICIPALITY 5MDONI ,OCAL -UNICIPALITY U-HLATHUZE ,OCAL -UNICIPALITY AND 7ITZENBERG ,OCAL -UNICIPALITY
!2%! " n APPLIES TO THE REST OF 3OUTH !FRICA 7AGES WILL BE PAYABLE ACCORDING TO THE NUMBER OF HOURS WORKED PER WEEK )F A DOMESTIC WORKER WORKS FOR ORDINARY OR LESS HOURS PER WEEK HESHE WILL BE ENTITLED TO SLIGHTLY HIGHER WAGE 4HIS IS TO COMPENSATE THE EMPLOYEE AS HESHE DOES NOT HAVE A FULL TIME JOB
(/7 !2% 4(% 7!'%3 #!,#5,!4%$
!2%! ! 4HESE ARE THE MINIMUM RATES FOR THE PERIOD $ECEMBER n .OVEMBER WAGE RATES ARE ADJUSTED EVERY YEAR )F AN EMPLOYEE WORKS ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH )F AN EMPLOYEE WORKS MORE THAN ORDINARY HOURS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH
!2%! " )F AN EMPLOYEE WORKS ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH )F AN EMPLOYEE WORKS MORE THAN ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH
'5!2!.4%%$ -).)-5- 2!4% 3OME DOMESTIC WORKERS MIGHT WORK LESS THAN HOURS PER DAY )F THIS IS THE CASE HESHE SHOULD BE PAID FOR HOURS WORKED
!..5!, ).#2%!3% 7AGES WILL GO UP BY IN .OVEMBER OF EVERY YEAR 7AGE INCREASES ARE PUBLISHED BY THE $EPARTMENT OF ,ABOUR
#!,#5,!4).' 4(% -).)-5- 7!'%3 %MPLOYERS WHO CANNOT AFFORD TO PAY THE MINIMUM WAGE CAN CHOOSE TO REDUCE THE NUMBER OF HOURS TO BE WORKED INSTEAD OF RETRENCHING THE EMPLOYEE (OWEVER IT IS AGAINST THE LAW TO PAY LESS THAN THE MINIMUM HOURLY RATE )F AN EMPLOYER PAYS MORE THAN THE PRESCRIBED HOURLY RATE THEY CANNOT REDUCE THE RATE BECAUSE IT WILL BE AN UNFAIR LABOUR PRACTICE %8!-0,%
#!,#5,!4).' ! $/-%34)# 7/2+%2g3 7!'%
3ARAH IS A DOMESTIC WORKER WHO WORKS HOURS A DAY FROM -ONDAY TO &RIDAY FOR AN EMPLOYER WHO LIVES IN 3OWETO 7HAT IS THE MINIMUM RATE THAT 3ARAH CAN BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION FOR DOMESTIC WORKERS HOURS PER DAY X DAYS HOURS WORKED PER WEEK 3HE MUST BE PAID AT THE RATE PRESCRIBED FOR !2%! ! HOURS PER WEEK X 2 RATE FOR !REA ! FOR AN EMPLOYEE WORKING MORE THAN HOURS PER WEEK 2 PER WEEK !DDITIONAL PAYMENTS SUCH AS FOR OVERTIME OR WORK ON 3UNDAYS OR 0UBLIC HOLIDAYS ARE CALCULATED FROM THE TOTAL REMUNERATION
42!.30/24 !,,/7!.#% 4HE 3ECTORAL $ETERMINATION DOES NOT REGULATE TRANSPORT SO IT IS OPEN TO NEGOTIATION BETWEEN THE PARTIES
(/523 /& 7/2+ ./2-!, (/523 %8#,5$).' /6%24)-% ! DOMESTIC WORKER CANNOT WORK MORE THAN s HOURS PER WEEK s HOURS PER DAY FOR A FIVE DAY WORK WEEK s HOURS A DAY FOR A SIX DAY WORK WEEK
/6%24)-% /VERTIME IS VOLUNTARY AND A DOMESTIC WORKER MAY NOT WORK s MORE THAN HOURS OVERTIME PER WEEK AND s MORE THAN HOURS ON ANY DAY INCLUDING OVERTIME /VERTIME IS PAID AT ONE AND A HALF TIMES THE EMPLOYEES NORMAL WAGE OR AN EMPLOYEE MAY AGREE TO TAKE PAID TIME OFF
$!),9 !.$ 7%%+,9 2%34 0%2)/$3 ! DOMESTIC WORKER IS ENTITLED TO A DAILY REST PERIOD OF CONSECUTIVE HOURS HOURS IN A ROW AND A WEEKLY REST PERIOD OF CONSECUTIVE HOURS WHICH MUST INCLUDE 3UNDAY UNLESS OTHERWISE AGREED
4HE DAILY REST PERIOD CAN BE REDUCED TO HOURS IF THE PARTIES AGREE AND IF THE EMPLOYEE LIVES ON THE PREMISES AND TAKES A MEAL INTERVAL THAT LASTS FOR AT LEAST HOURS 4HE WEEKLY REST PERIOD CAN BY AGREEMENT BE EXTENDED TO CONSECUTIVE HOURS EVERY TWO WEEKS OR BE REDUCED TO HOURS IN ANY WEEK IF THE REST PERIOD IN THE FOLLOWING WEEK IS ALSO EXTENDED
34!.$"9 3TANDBY MEANS ANY PERIOD BETWEEN PM AND AM WHEN A DOMESTIC WORKER MIGHT NEED TO BE AT THE WORKPLACE AND IS ALLOWED TO REST OR SLEEP BUT MUST BE AVAILABLE TO WORK IF NECESSARY 4HIS MAY ONLY BE DONE IF THE PARTIES HAVE AGREED IN WRITING AND NOT MORE THAN TIMES PER MONTH !N ALLOWANCE OF AT LEAST 2 PER SHIFT MUST BE PAID FOR STANDBY !N EMPLOYER MUST PAY A DOMESTIC WORKER FOR ANY TIME WORKED IN EXCESS OF THREE HOURS DURING ANY PERIOD OF STAND BY 4HE EMPLOYEE MUST BE PAID AT THE NORMAL OVERTIME RATE OR GIVEN PAID TIME OFF
.)'(4 7/2+ s .IGHT WORK MEANS WORK PERFORMED AFTER PM AND BEFORE AM s .IGHT WORK IS ALLOWED ONLY IF THE DOMESTIC WORKER HAS AGREED TO THIS IN WRITING 4HE EMPLOYEE MUST BE COMPENSATED BY AN ALLOWANCE OF AT LEAST OF THE ORDINARY DAILY WAGE
-%!, ).4%26!,3 ! DOMESTIC WORKER IS ENTITLED TO A ONE HOUR BREAK FOR A MEAL AFTER FIVE HOURS CONTINUOUS WORK 4HE INTERVAL MAY BE REDUCED TO MINUTES BY AGREEMENT 7HEN A SECOND MEAL INTERVAL IS REQUIRED BECAUSE OF OVERTIME WORKED IT MAY BE REDUCED TO NOT LESS THAN MINUTES )F AN EMPLOYEE HAS TO WORK THROUGH HIS OR HER MEAL INTERVAL THEN THEY MUST BE PAID FOR THIS
7/2+ /. 35.$!93 7ORK ON 3UNDAYS IS VOLUNTARY AND A DOMESTIC WORKER CANNOT BE FORCED TO WORK ON A 3UNDAY ! DOMESTIC WORKER WHO WORKS ON A 3UNDAY MUST BE PAID DOUBLE THE DAILY WAGE )F THE EMPLOYEE ORDINARILY WORKS ON A 3UNDAY HESHE SHOULD BE PAID ONE AND A HALF TIMES THE WAGE FOR EVERY HOUR WORKED )F THE PARTIES AGREE THE EMPLOYEE CAN BE PAID BY GIVING HERHIM TIME OFF OF ONE AND A HALF HOURS FOR EACH OVERTIME HOUR WORKED
05",)# (/,)$!93 $OMESTIC WORKERS ARE ENTITLED TO ALL THE PUBLIC HOLIDAYS IN THE 0UBLIC (OLIDAYS !CT BUT THE PARTIES CAN AGREE TO OTHER PUBLIC HOLIDAYS 7ORK ON A PUBLIC HOLIDAY IS VOLUNTARY WHICH MEANS A DOMESTIC WORKER MAY NOT BE FORCED TO WORK 4HE OFFICIAL PUBLIC HOLIDAYS ARE .EW 9EARS DAY (UMAN RIGHTS DAY 'OOD &RIDAY &AMILY $AY &REEDOM $AY %MPLOYEES $AY
9OUTH $AY .ATIONAL 7OMANS $AY (ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL
7HERE THE GOVERNMENT DECLARES AN OFFICIAL PUBLIC HOLIDAY AT ANY OTHER TIME THEN THIS MUST BE GRANTED 4HE DAYS CAN BE EXCHANGED FOR ANY OTHER DAY BY AGREEMENT
)F THE EMPLOYEE WORKS ON A PUBLIC HOLIDAY HESHE MUST BE PAID DOUBLE THE NORMAL DAYgS WAGE
!..5!, ,%!6% &ULL TIME DOMESTIC WORKERS ARE ENTITLED TO WEEKS LEAVE PER YEAR )F THE PARTIES AGREE THEY CAN TAKE LEAVE AS FOLLOWS DAY FOR EVERY DAYS WORKED OR ONE HOUR FOR EVERY HOURS WORKED 4HE LEAVE MUST BE GIVEN NOT LATER THAN MONTHS AFTER COMPLETING MONTHS OF EMPLOYMENT WITH THE SAME EMPLOYER 4HE LEAVE MAY NOT BE GIVEN AT THE SAME TIME AS SICK LEAVE NOR AT THE SAME TIME AS A PERIOD OF NOTICE TO TERMINATE WORK
3)#+ ,%!6% $URING THE FIRST SIX MONTHS OF EMPLOYMENT AN EMPLOYEE IS ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED $URING A SICK LEAVE CYCLE OF MONTHS AN EMPLOYEE IS ENTITLED TO PAID SICK LEAVE THAT IS EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF WEEKS 4HE EMPLOYER DOES NOT HAVE TO PAY AN EMPLOYEE IF THE EMPLOYEE HAS BEEN ABSENT FROM WORK s FOR MORE THAN TWO DAYS IN A ROW OR s ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD AND DOES NOT PRODUCE A MEDICAL CERTIFICATE STATING THAT HESHE WAS TOO SICK OR INJURED TO WORK 4HE CERTIFICATE CAN BE FROM A DOCTOR A TRADITIONAL HEALER OR A QUALIFIED NURSE
-!4%2.)49 ,%!6% ! DOMESTIC WORKER IS ENTITLED TO UP TO CONSECUTIVE MONTHS MATERNITY LEAVE 4HE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE PERIOD FOR WHICH SHE IS OFF WORK DUE TO HER PREGNANCY (OWEVER THE PARTIES MAY AGREE THAT THE EMPLOYEE WILL RECEIVE PART OF HER WHOLE WAGE FOR THE TIME THAT SHE IS OFF 4HE MOTHER CAN ALSO CLAIM MATERNITY BENEFITS FROM 5)& FOR THE FULL FOUR MONTHS
&!-),9 2%30/.3)"),)49 ,%!6% %MPLOYEES WHO HAVE BEEN EMPLOYED FOR LONGER THAN MONTHS AND FOR AT LEAST DAYS A WEEK ARE ENTITLED TO TAKE DAYS PAID FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IN THE FOLLOWING CIRCUMSTANCES s WHEN THE EMPLOYEES CHILD IS BORN s WHEN THE EMPLOYEES CHILD IS SICK s IF ONE OF THE FOLLOWING PEOPLE DIES THE EMPLOYEES HUSBAND WIFE LIFE PARTNER PARENT ADOPTIVE PARENT GRANDPARENT CHILDADOPTED CHILD GRANDCHILD BROTHER OR SISTER
$%$5#4)/. &2/- 4(% 2%-5.%2!4)/. !N EMPLOYER IS NOT ALLOWED TO DEDUCT ANY MONIES FROM THE EMPLOYEES WAGES WITHOUT HISHER WRITTEN PERMISSION 4HERE CAN BE A DEDUCTION OF NO MORE THAN FOR ACCOMMODATION IF THE ACCOMMODATION s IS WEATHERPROOF AND GENERALLY KEPT IN GOOD CONDITION s HAS AT LEAST ONE WINDOW AND DOOR WHICH CAN BE LOCKED s HAS A TOILET AND BATH OR SHOWER IF THE DOMESTIC WORKER DOES NOT HAVE ACCESS TO ANY OTHER BATHROOM
/4(%2 )335%3 /THER ISSUES THAT ARE NOT DEALT WITH THE 3ECTORAL $ETERMINATION INCLUDE s PROBATIONARY PERIODS s RIGHT OF ENTRY TO THE EMPLOYERS PREMISES s AFTERNOONS WEEKENDS OFF s PENSION SCHEMES s MEDIAL AID s TRAININGSCHOOL FEES s FUNERAL BENEFITSSAVING ACCOUNTS 4HESE CAN ALL BE NEGOTIATED BETWEEN THE PARTIES AND INCLUDED IN THE CONTRACT OF EMPLOYMENT
02/()")4)/. /& %-0,/9-%.4 .O ONE UNDER THE AGE OF CAN BE REQUIRED OR PERMITTED TO WORK
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4 4HERE IS NO PROVISION WHICH PREVENTS OTHER CONDITIONS OF EMPLOYMENT BEING INCLUDED IN A CONTRACT OF EMPLOYMENT BUT ANY NEW CONDITIONS MAY NOT BE LESS FAVOURABLE THAN THOSE SET BY THE 3ECTORAL $ETERMINATION
'%.%2!, !$-).)342!4)6% 2%15)2%-%.43 4HE 3ECTORAL $ETERMINATION STATES THAT EMPLOYERS MUST COMPLY WITH THE FOLLOWING ADMINISTRATIVE PROCESSES s 0ROVIDE EMPLOYEES WITH A WRITTEN CONTRACT OF EMPLOYMENT s 0AYMENT MUST BE MADE IN A SEALED ENVELOPE BY CASH OR CHEQUE AND MUST INCLUDE A DETAILED PAYSLIP 4HE EMPLOYER MUST KEEP COPIES OF THESE PAYSLIPS FOR YEARS 3EE WWWLABOURGOVZA AND CLICK ON 3ECTORAL $ETERMINATION FOR DOMESTIC EMPLOYEES FOR MORE INFORMATION
#/.42!#4 /& %-0,/9-%.4 &/2 $/-%34)# 7/2+%23 %8!-0,%
$/-%34)# 7/2+%2 n #/.42!#4 /& %-0,/9-%.4
.AME OF EMPLOYER !DDRESS OF EMPLOYER .AME OF EMPLOYEE #/--%.#%-%.4 /& %-0,/9-%.4 %MPLOYMENT STARTEDWILL START ON AND CONTINUE UNTIL TERMINATED IN TERMS OF THIS CONTRACT 0,!#% /& 7/2+ */" $%3#2)04)/. *OB TITLE $UTIES #ONTRACT CONTINUED OVERLEAF
$OMESTIC WORKER n #/.42!#4 /& %-0,/9-%.4 CONTINUED (/523 /& 7/2+ .ORMAL WORKING HOURS WILL BE HOURS PER WEEK MADE UP AS FOLLOWS -ONDAY4UESDAY7EDNESDAY 4HURSDAY &RIDAY AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3ATURDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3UNDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS (OURS OF WORK WILL BE EXTENDED WITH BY NOT MORE THAN HOURS PER WEEK DURING AND REDUCED BY THE SAME HOURS DURING /VERTIME WILL BE WORKED AS AGREED FROM TIME TO TIME AND WILL BE PAID AT THE RATE OF ONE AND A HALF TIMES OF THE TOTAL WAGE AS SET OUT IN CLAUSES AND OF THIS CONTRACT 3TANDBY WILL ONLY BE DONE IF AGREED FROM TIME TO TIME WHEREBY AN ALLOWANCE OF AT LEAST 2 WILL BE PAID PER STANDBY SHIFT 7!'% 4HE EMPLOYEES WAGE SHALL BE PAID IN CASH ON THE LAST
WORKING DAY OF EVERY WEEKMONTH AND SHALL BE
2
4HE EMPLOYEE SHALL BE ENTITLED TO THE FOLLOWING ALLOWANCESOTHER CASH PAYMENTS IN KIND !CCOMMODATION PER WEEKMONTH TO THE VALUE OF 2 &OOD PER WEEKMONTH TO THE VALUE OF 4HE FOLLOWING DEDUCTIONS ARE AGREED UPON
2
4HE TOTAL VALUE OF THE ABOVE REMUNERATION SHALL BE
2 2 2
THE TOTAL OF CLAUSES TO n CHANGE OR DELETE CLAUSES AS NEEDED
4HE EMPLOYER SHALL REVIEW THE EMPLOYEES SALARYWAGE ON OR BEFORE .OVEMBER OF EVERY YEAR 4%2-).!4)/. /& %-0,/9-%.4 %ITHER PARTY CAN TERMINATE THIS AGREEMENT WITH ONE WEEKgS NOTICE DURING THE FIRST SIX MONTHS OF EMPLOYMENT AND WITH FOUR WEEKS NOTICE THEREAFTER .OTICE MUST BE GIVEN IN WRITING EXCEPT WHEN IT IS GIVEN BY AN ILLITERATE EMPLOYEE )N THE CASE WHERE THE EMPLOYEE IS ILLITERATE NOTICE MUST BE EXPLAINED ORALLY BY OR ON BEHALF OF THE EMPLOYER /N GIVING NOTICE THE EMPLOYER IS TO PROVIDE THE EMPLOYEE WHO RESIDES IN ACCOMMODATION THAT BELONGS TO THE EMPLOYER ACCOMMODATION FOR A PERIOD OF ONE MONTH 35.$!9 7/2+ !NY WORK ON 3UNDAY WILL BE BY AGREEMENT BETWEEN PARTIES AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION 05",)# (/,)$!93 !NY WORK ON HOLIDAYS WILL BE BY AGREEMENT AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION !..5!, ,%!6% 4HE EMPLOYEE IS ENTITLED TO THREE WEEKS PAID LEAVE AFTER EVERY MONTHS OF CONTINUOUS SERVICE 3UCH LEAVE IS TO BE TAKEN AT TIMES CONVENIENT TO THE EMPLOYER AND THE EMPLOYER MAY REQUIRE THE EMPLOYEE TO TAKE HISHER LEAVE AT SUCH TIMES AS COINCIDE WITH THAT OF THE EMPLOYER
$OMESTIC WORKER n #/.42!#4 /& %-0,/9-%.4 CONTINUED 3)#+ ,%!6% $URING EVERY SICK LEAVE CYCLE OF MONTHS THE EMPLOYER WILL BE ENTITLED TO AN AMOUNT OF PAID SICK LEAVE EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF SIX WEEKS $URING THE FIRST MONTHS OF EMPLOYMENT THE EMPLOYEE WILL BE ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED 4HE EMPLOYEE IS TO NOTIFY THE EMPLOYER AS SOON AS POSSIBLE IN CASE OF HISHER ABSENCE FROM WORK THROUGH ILLNESS ! MEDICAL CERTIFICATE IS REQUIRED IF ABSENT FOR MORE THAN CONSECUTIVE DAYS OR IF ABSENT ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD -!4%2.)49 ,%!6% 4ICK THE APPLICABLE CLAUSES IN THE SPACE PROVIDED
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE WITHOUT PAY /2 R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE ON PAY &!-),9 2%30/.3)"),)49 ,%!6% 4HE EMPLOYEE WILL BE ENTITLED TO THREE DAYS FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IF HESHE WORKS ON AT LEAST DAYS A WEEK !##/--/$!4)/. 4ICK THE APPROPRIATE BOX 4HE EMPLOYEE WILL BE PROVIDED WITH ACCOMMODATION FOR AS LONG AS THE EMPLOYEE IS
R IN THE SERVICE OF THE EMPLOYER WHICH SHALL FORM PART OF HISHER REMUNERATION PACKAGE 4HE ACCOMMODATION MAY ONLY BE OCCUPIED BY THE EMPLOYEE AND HISHER IMMEDIATE
R FAMILY UNLESS BY PRIOR ARRANGEMENT WITH THE EMPLOYER 0RIOR PERMISSION SHOULD BE OBTAINED FOR VISITORS WHO WISH TO STAY THE NIGHT (OWEVER
R WHERE MEMBERS OF THE EMPLOYEES DIRECT FAMILY ARE VISITING SUCH PERMISSION WILL NOT BE NECESSARY
#,/4().' DELETE WHICHEVER IS NOT APPLICABLE SETS OF UNIFORMSPROTECTIVE CLOTHING WILL BE SUPPLIED TO THE EMPLOYEE FREE OF CHARGE BY THE EMPLOYER AND WILL REMAIN THE PROPERTY OF THE EMPLOYER /4(%2 #/.$)4)/.3 /& %-0,/9-%.4 /2 "%.%&)43 '%.%2!, !NY CHANGES TO THE WRITTEN CONTRACT WILL ONLY BE VALID IF AGREED BY BOTH PARTIES
%-0,/9%2
$ATE %-0,/9%% 3IGNED IN ACKNOWLEDGEMENT OF RECEIPT
$EREGULATION $EREGULATION MEANS REMOVING LAWS AND REGULATIONS SO THAT THERE IS LESS RESTRICTION AND gRED TAPEg FOR PEOPLE WHO WANT TO OPERATE IN AN AREA &OR EXAMPLE WHERE AN INDUSTRY APPLIES FOR EXEMPTION FROM A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION OR WHERE AREAS ARE DESIGNATED AS hINDUSTRIAL HIVES WHERE WAGE REGULATING MEASURES DONT APPLY $EREGULATION CAN HAVE A POSITIVE EFFECT FOR EXAMPLE THE LIFTING OF REGULATIONS THAT CONTROL THE GRANTING OF HAWKERSg LICENSES SO THAT MORE PEOPLE CAN WORK AS HAWKERS OR STREET TRADERS BECAUSE THE LAWS ABOUT GETTING A HAWKERgS LICENSE ARENgT SO STRICT $EREGULATION IS CONTROLLED BY THE $EPARTMENT OF ,ABOUR WHOSE ROLE IS TO ENSURE THAT ANY FORM OF DEREGULATION WILL NOT HAVE A NEGATIVE IMPACT ON PEOPLE IN THE WORKPLACE
/THER LAWS THAT APPLY TO TERMS AND CONDITIONS IN THE WORKPLACE %-0,/9-%.4 %15)49 !#4 %%! 4HE %MPLOYMENT %QUITY !CT .O OF AIMS TO CREATE AN ENVIRONMENT OF EQUALITY AND NON DISCRIMINATION IN THE WORKPLACE )T STATES GROUNDS FOR NON DISCRIMINATION IN THE WORKPLACE INCLUDING s 2ACE s 'ENDER s 3EX s 0REGNANCY s -ARITAL STATUS s %THNIC ORIGIN s 3OCIAL ORIGIN s #OLOUR s 3EXUAL ORIENTATION s !GE
s $ISABILITY s 2ELIGION s #ONSCIENCE s "ELIEF s #ULTURE s ,ANGUAGE s "IRTH s &AMILY RESPONSIBILITY s ()6 STATUS s 0OLITICAL OPINION
4HE %%! IS IMPORTANT BECAUSE IT INCLUDES THREE GROUNDS FOR NON DISCRIMINATION THAT ARE NOT INCLUDED IN THE #ONSTITUTION OR THE %QUALITY !CT FAMILY RESPONSIBILITY ()6 STATUS AND POLITICAL OPINION ! CASE CAN BE REFERRED TO THE ,ABOUR #OURT IF AN EMPLOYEE BELIEVES THAT AN EMPLOYER IS DISCRIMINATING AGAINST HIM OR HER ON ANY OF THESE GROUNDS IN ORDER TO s DEMOTE OR NOT PROMOTE THE EMPLOYEE s BLOCK THE EMPLOYEE FROM HAVING ACCESS TO TRAINING AND DEVELOPMENT s MAKE AN UNFAIR DISTRIBUTION OF EMPLOYEE BENEFITS TO THE EMPLOYEE 4HE %%! ALSO SETS OUT REGULATIONS ON AFFIRMATIVE ACTION IN THE WORKPLACE TO CREATE EQUAL OPPORTUNITIES FOR ALL EMPLOYEES AND FOR PEOPLE APPLYING FOR JOBS )T SAYS THAT AN EMPLOYER WHO EMPLOYS OVER PEOPLE OR HAS A TURNOVER OF OVER A CERTAIN AMOUNT MUST TAKE STEPS TO INCLUDE AND ADVANCE PREVIOUSLY DISADVANTAGED GROUPS BLACK PEOPLE WOMEN AND THE DISABLED IN THEIR WORKFORCE 3O WHEN A COMPANY MAKES NEW APPOINTMENTS OR PROMOTES STAFF IT MUST GIVE @PREFERENTIAL TREATMENT TO PROPERLY QUALIFIED PEOPLE WHO ARE FROM ONE OF THESE PREVIOUSLY DISADVANTAGED GROUPS )N OTHER WORDS FORMAL QUALIFICATIONS OR RELEVANT EXPERIENCE ARE NOT THE ONLY REASONS FOR DECIDING WHETHER A PERSON IS SUITABLE FOR A JOB OR NOT 4HE %%! COVERS EVERYONE EXCEPT THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE 3!.$& THE .ATIONAL )NTELLIGENCE !GENCY .)! AND 3ECRET 3ERVICES
4(% /##50!4)/.!, (%!,4( !.$ 3!&%49 !#4 /(3! 4HE /CCUPATIONAL (EALTH AND 3AFETY !CT .O OF GIVES EMPLOYEES SPECIFIC RIGHTS IN HEALTH AND SAFETY AT WORK )T GIVES HEALTH AND SAFETY GUIDELINES FOR THE WORKPLACE TO EMPLOYERS AND GIVES INSPECTORS WIDE POWERS TO ENSURE THAT THESE ARE BEING IMPLEMENTED &OR AN EASY GUIDE TO /(3! AND THE 2EGULATIONS SEE THE WEBSITE WWWLABOURGOV ZADOCSLEGISLATIONOHSAOHSBOOKLETHTML
7(/ $/%3 4(% /(3! #/6%2 4HE !CT EXCLUDES EMPLOYEES IN MINES AND ON SHIPS WHERE OTHER LAWS APPLY 4HE /(3! COVERS ALL OTHER EMPLOYEES INCLUDING FARMWORKERS DOMESTIC WORKERS AND STATE EMPLOYEES
4(% %-0,/9%%3 $54)%3 %MPLOYEES MUST TAKE REASONABLE PRECAUTIONS OVER THEIR OWN HEALTH AND SAFETY AT WORK 4HEY MUST FOLLOW PRECAUTIONS AND RULES ABOUT SAFETY AND HEALTH 4HEY MUST REPORT ANY UNSAFE CIRCUMSTANCES OR ACCIDENT AS SOON AS POSSIBLE TO THE SAFETY REPRESENTATIVE !NYONE WHO ACTS IN A RECKLESS WAY OR DAMAGES ANY SAFETY MEASURES CAN BE CHARGED AND A CLAIM FOR DAMAGES CAN BE BROUGHT AGAINST THEM
4(% %-0,/9%2g3 $54)%3 4HE EMPLOYER MUST MAKE SURE THAT THE WORKPLACE IS SAFE AND HEALTHY AND MUST NOT ALLOW ANY EMPLOYEE TO DO WORK WHICH IS POTENTIALLY DANGEROUS 4HE EMPLOYEE MUST KNOW WHAT THE DANGERS OF THE WORK ARE 4HE GENERAL DUTIES OF THE EMPLOYER ARE TO s CHOOSE SAFETY REPRESENTATIVES s CONSULT WITH THE EMPLOYEESg ORGANISATION ABOUT THE SAFETY REPRESENTATIVES s INFORM EMPLOYEES OF THE DANGERS IN THE WORKPLACE s REDUCE ANY DANGERS TO A MINIMUM BEFORE ISSUING PROTECTIVE CLOTHING s ISSUE PROTECTIVE CLOTHING WHERE NECESSARY s GIVE NECESSARY TRAINING TO EMPLOYEES WHO USE DANGEROUS MACHINES OR MATERIALS TO MAKE SURE THEY KNOW THE SAFETY PRECAUTIONS s PREVENT EMPLOYEES FROM USING OR WORKING WITH DANGEROUS MATERIALS OR MACHINES UNLESS ALL THE NECESSARY SAFETY RULES HAVE BEEN FOLLOWED s ENSURE THAT DANGEROUS MACHINES ARE IN GOOD WORKING ORDER AND ARE SAFE TO WORK WITH s MAKE SURE THAT DANGEROUS MACHINES CARRY WARNINGS AND NOTICES s MAKE SURE THAT SOMEONE WHO KNOWS THE WORK IS SUPERVISING THE OPERATIONS TO ENSURE THE SAFETY OF THE EMPLOYEES s KEEP THE WORKPLACE OPEN SO THAT EMPLOYEES CAN ESCAPE FROM DANGER IF NECESSARY s NOT MOVE ANY EVIDENCE OF AN ACCIDENT BEFORE AN INSPECTOR HAS GIVEN PERMISSION UNLESS SOMEONE HAS BEEN BADLY INJURED AND NEEDS TREATMENT 4HE #HIEF )NSPECTOR CAN ASK ANY EMPLOYER FOR A REPORT OF THE SAFETY PRECAUTIONS
!N EMPLOYER CANNOT TAKE ACTION AGAINST ANY EMPLOYEES WHO DO THE FOLLOWING s GIVE INFORMATION ABOUT THEIR CONDITIONS AT WORK OR THAT THE !CT SAYS THEY HAVE TO GIVE s GIVE EVIDENCE IN COURT s RESPOND TO ANY REQUEST OF AN INSPECTOR s REFUSE TO DO ANYTHING THAT IS AGAINST THE LAW
2%0/24).' !##)$%.43 /2 ).#)$%.43 4HE EMPLOYER MUST KEEP A REPORT OF ALL ACCIDENTS AND SAFETY OR HEALTH INCIDENTS IN THE WORKPLACE 4HE EMPLOYER MUST REPORT CERTAIN ACCIDENTS OR INCIDENTS TO THE SAFETY REPRESENTATIVE AND TO THE $EPARTMENT OF ,ABOUR
3!&%49 2%02%3%.4!4)6%3 !.$ 3!&%49 #/--)44%%3 4HE EMPLOYER MUST APPOINT ONE SAFETY REPRESENTATIVE FOR EVERY EMPLOYEES 4HERE MUST BE AT LEAST ONE REPRESENTATIVE FOR EVERY EMPLOYEES 4HE EMPLOYER MUST EXPLAIN TO THE EMPLOYEESg ORGANISATION WHAT RESPONSIBILITIES THE SAFETY REPRESENTATIVES WILL HAVE AND HOW THE REPRESENTATIVES WILL BE SELECTED )N EVERY WORKPLACE WHERE THERE ARE TWO OR MORE SAFETY REPRESENTATIVES THERE MUST ALSO BE A SAFETY COMMITTEE 4HIS COMMITTEE MUST MEET AT LEAST EVERY THREE MONTHS 4HE COMMITTEE MUST DEAL WITH ALL SAFETY AND HEALTH ISSUES THAT AFFECT EMPLOYEES 4HE SAFETY COMMITTEES HAVE CERTAIN FUNCTIONS AND POWERS 9OU CAN FIND OUT MORE ABOUT THESE IN THE !CT OR BY CONTACTING THE $EPARTMENT OF ,ABOUR
%.&/2#%-%.4 /& 4(% /(3! /(3! FALLS UNDER THE ADMINISTRATION OF THE $EPARTMENT OF ,ABOUR )NSPECTORS FROM THE $EPARTMENT HAVE WIDE POWERS TO SEARCH THE WORKPLACE QUESTION PEOPLE ASK FOR EXPLANATIONS FROM AN EMPLOYER AND SO ON !N INSPECTOR CAN FINE A PERSON FOR BREAKING THE !CT )F THAT PERSON WANTS TO APPEAL AGAINST THE INSPECTORgS DECISION THEY CAN APPEAL TO THE #HIEF )NSPECTOR 4HEY CAN APPEAL AGAINST THE #HIEF )NSPECTORgS DECISION IN THE ,ABOUR #OURT )F AN EMPLOYEE IS HURT AT WORK AS A RESULT OF THE EMPLOYER NOT FOLLOWING A SAFETY REGULATION THEN THAT EMPLOYER CAN BE FINED UP TO 2 AND OR TWO YEARS IN PRISON
4(% -%2#(!.4 3()00).' !#4 4HE -ERCHANT 3HIPPING !CT OF -3! SAYS THAT THE ,ABOUR 2ELATIONS !CT AND THE 7AGE !CT APPLY TO ALL EMPLOYEES AT SEA )T SAYS THAT IF THERE IS CONFLICT BETWEEN THE PROVISIONS OF THE -3! AND THE PROVISIONS OF A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION THE PROVISIONS OF THE !GREEMENT OR $ETERMINATION WILL APPLY 4HE -3! COVERS EMPLOYEES WHO ARE AT SEA WITHIN 3OUTH !FRICAS TERRITORIAL WATERS )F EMPLOYEES AT SEA ARE OUTSIDE THE TERRITORIAL WATERS OF 3OUTH !FRICA THEN AN !GREEMENT OR $ETERMINATION WILL APPLY TO THE FOLLOWING EMPLOYEES s WHO ARE EMPLOYED ON A SHIP WHICH IS REGISTERED IN 3OUTH !FRICA s WHO EVEN IF THE SHIP IS NOT REGISTERED IN 3OUTH !FRICA ARE EMPLOYED ON A SHIP WHICH SPENDS ALL ITS TIME WORKING BETWEEN PORTS IN 3OUTH !FRICA
$ISPUTES AND WAYS OF SETTLING DISPUTES 7(!4 )3 ! $)3054% ! DISPUTE IS ANY SERIOUS DISAGREEMENT BETWEEN TWO PARTIES &OR EXAMPLE THERE COULD BE A DISPUTE OVER A PROBLEM OF DISCIPLINE IN THE WORKPLACE OVER COMPLAINTS ALSO CALLED gGRIEVANCESg WHICH EMPLOYEES HAVE OR OVER DISMISSALS 4HERE CAN ALSO BE DISPUTES OVER WAGES AND OTHER WORKING CONDITIONS 3O THERE ARE DIFFERENT KINDS OF DISPUTES 9OU CAN HAVE A DISPUTE ABOUT MAKING NEW RIGHTS FOR EXAMPLE EMPLOYEES WANTING TO GET PAID HIGHER WAGES OR THE EMPLOYER BRINGING IN A NEW PENSION OR PROVIDENT FUND SCHEME THAT EMPLOYEES MUST BELONG TO 4HESE DISPUTES ARE ALSO CALLED DISPUTES OF INTEREST 4HESE DISPUTES ARE OFTEN HANDLED BY A UNION AND ARE THE SUBJECT OF NEGOTIATION AND POSSIBLE INDUSTRIAL ACTION STRIKE ACTION WHERE AGREEMENT CANNOT BE REACHED 4HE ,ABOUR 2ELATIONS !CT DESCRIBES STRUCTURES AND PROCESSES WHICH CAN BE USED TO RESOLVE DISPUTES OF INTEREST 4HE !CT ALSO GOVERNS THE PROCEDURES FOR TAKING INDUSTRIAL ACTION 4HERE ARE ALSO DISPUTES OVER RIGHTS WHICH ALREADY EXIST IN A CONTRACT A LAW AN AGREEMENT OR IN CUSTOM AND PRACTICE 4HESE KINDS OF DISPUTES ARE CALLED DISPUTES OF RIGHT 4HEY USUALLY INVOLVE AN UNFAIR DISMISSAL FOR EXAMPLE RETRENCHING EMPLOYEES WITHOUT CONSULTING WITH THE EMPLOYEES OR UNFAIR DISCRIMINATION OR AN UNFAIR LABOUR PRACTICE SUCH AS @REMOVAL OF BENEFITS 4HE ,ABOUR 2ELATIONS !CT SETS OUT HOW DISPUTES OVER RIGHTS IN THE WORKPLACE MUST BE HANDLED AND THE %MPLOYMENT %QUITY !CT SETS OUT HOW DISCRIMINATION WILL BE DEALT WITH IN THE WORKPLACE 3EE PAGE ,ABOUR 2ELATIONS !CT PAGE %MPLOYMENT %QUITY !CT ! DISPUTE OF RIGHT CAN ALSO HAPPEN WHEN AN EMPLOYER OR EMPLOYEE DOESNgT OBEY A TERM OR CONDITION OF A WAGE REGULATING MEASURE FOR EXAMPLE THE "ASIC #ONDITIONS OF %MPLOYMENT !CT A "ARGAINING #OUNCIL !GREEMENT OR OTHER COLLECTIVE AGREEMENT 7AGE $ETERMINATION SECTORAL DETERMINATION OR A -INISTERIAL EXEMPTION 3EE PAGE ,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT !N EXAMPLE OF A DISPUTE OF RIGHT IS WHERE AN EMPLOYER DOESNgT PAY AN EMPLOYEE THE CORRECT LEAVE PAY %NFORCEMENT AND DISPUTES ABOUT TERMS AND CONDITIONS OF EMPLOYMENT THAT FALL UNDER THESE LAWS SHOULD BE DEALT WITH BY THE RELEVANT "ARGAINING #OUNCIL OR THE $EPARTMENT OF ,ABOUR
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$)3054%3 /& ).4%2%34 4HE ,ABOUR 2ELATIONS !CT ,2! SETS OUT STRUCTURES AND PROCESSES WHICH CAN BE USED TO RESOLVE DISPUTES OF INTEREST 4HE OUTCOME OF DISPUTES OF INTEREST WILL DEPEND ON THE RELATIVE STRENGTH OF EMPLOYEES AND EMPLOYERS %ACH PARTY MAY USE DIFFERENT STRATEGIES TO WIN WHAT THEY WANT %MPLOYEES CAN TAKE INDUSTRIAL ACTION OVER DISPUTES OF INTEREST LIKE STRIKES WORK STOPPAGES AND GO SLOWS ONCE THEY HAVE COMPLIED WITH PRESCRIBED DISPUTE PROCEDURES %MPLOYEES CANNOT STRIKE OVER DISPUTES OF RIGHTS UNDER THE ,2! EG UNFAIR LABOUR PRACTICES AND UNFAIR DISMISSALS 4HE ,2! GOVERNS THE PROCEDURES THAT MUST BE FOLLOWED BEFORE INDUSTRIAL ACTION CAN BE TAKEN BY EMPLOYEES OR BY THE EMPLOYER
$)3054%3 /& 2)'(4 7(%2% 4(%2% )3 ./ "!2'!).).' #/5.#), )F IT IS A DISPUTE ABOUT ENFORCING A RIGHT UNDER THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! COLLECTIVE AGREEMENT UNDER THE "#%! A SECTORAL DETERMINATION OR A 7AGE $ETERMINATION OR THE /CCUPATIONAL (EALTH AND 3AFETY !CT THEN A COMPLAINT CAN BE SENT TO THE $EPARTMENT OF ,ABOUR
4HE COMPLAINT CAN INCLUDE A REQUEST FOR A @#OMPLIANCE ORDER WHICH IS ISSUED BY AN INSPECTOR OF THE $EPARTMENT 3EE PAGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION PAGE %NFORCEMENT OF THE /(3! )F IT IS A MATTER OF ENFORCING A RIGHT OR A DISPUTE OF RIGHTS UNDER THE ,ABOUR 2ELATIONS !CT ,2! FOR EXAMPLE AN ALLEGED UNFAIR DISMISSAL WHERE NO BARGAINING COUNCIL EXISTS IN THAT SECTOR THEN THE MATTER SHOULD BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION 3EE PAGE 3OLVING DISPUTES UNDER THE ,2! )F CONCILIATION FAILS THEN REFER THE DISPUTE TO ARBITRATION WITHIN DAYS OF RECEIVING THE CERTIFICATE OF FAILED CONCILIATION FROM THE ##-! 4HE ##-! WILL HEAR DISPUTES OVER A "#%! ISSUE IF IT IS RELATED TO A MATTER WHICH IS BEING ARBITRATED BY THE ##-! FOR EXAMPLE A CLAIM OF UNFAIR DISMISSAL IS BEFORE THE ##-! TOGETHER WITH A CLAIM FOR UNPAID LEAVE PAY
7(%2% 4(%2% )3 ! "!2'!).).' #/5.#), )F IT IS A DISPUTE OF RIGHTS UNDER A "ARGAINING #OUNCIL !GREEMENT THEN THE PROBLEM SHOULD BE REFERRED TO THE "ARGAINING #OUNCIL FOR ENFORCEMENT OR CONCILIATION )F CONCILIATION FAILS THEN REFER THE DISPUTE TO ARBITRATION WITHIN DAYS OF RECEIVING THE CERTIFICATE OF FAILED CONCILIATION FROM THE "ARGAINING #OUNCIL
4(% ,!"/52 2%,!4)/.3 !#4 ,2! 4HE ,ABOUR 2ELATIONS !CT .O OF GOVERNS HOW EMPLOYERS AND EMPLOYEES SHOULD DEAL WITH EACH OTHER )T IS NOT ABOUT TERMS AND CONDITIONS OF EMPLOYMENT )T DEALS WITH RIGHTS OF INDIVIDUALS REGARDING FAIRNESS BARGAINING AND DISPUTE RESOLUTION AND RIGHTS AND OBLIGATIONS OF TRADE UNIONS
7(/ )3 #/6%2%$ "9 4(% ,2! %XCEPT FOR MEMBERS OF THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE .ATIONAL )NTELLIGENCE !GENCY AND 3ECRET 3ERVICE ALL EMPLOYEES ARE COVERED BY THE ,2! 3O THIS INCLUDES FARMWORKERS DOMESTIC WORKERS AND PUBLIC SECTOR EMPLOYEES SUCH AS TEACHERS NURSES POLICE ETC WHO WORK FOR THE STATE !N INDEPENDENT CONTRACTOR IS NOT DEFINED AS AN @EMPLOYEE AND IS THEREFORE EXCLUDED FROM THE ,2! AND "#%! PROVISIONS
7(!4 $/%3 4(% ,2! #/6%2 4HE ,2! COVERS THINGS LIKE s RIGHTS OF EMPLOYEES TO FORM AND JOIN A UNION s RIGHTS OF EMPLOYERS TO FORM AND JOIN AN EMPLOYERSg ORGANISATION s THE RIGHTS OF TRADE UNIONS IN THE WORKPLACE s COLLECTIVE BARGAINING s "ARGAINING #OUNCILS AND 3TATUTORY #OUNCILS s THE ESTABLISHMENT OF WORKPLACE FORUMS WHICH ALLOW EMPLOYEES TO PARTICIPATE IN MANAGEMENT DECISIONS AT WORK s FAIR AND UNFAIR LABOUR PRACTICES s PROCEDURES THAT MUST BE FOLLOWED FOR DISMISSALS TO BE FAIR s DISPUTE RESOLUTION STRUCTURES AND PROCEDURES INCLUDING THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION s INDUSTRIAL ACTION
5.&!)2 ,!"/52 02!#4)#%3 4HE ,ABOUR 2ELATIONS !CT ,2! PROHIBITS UNFAIR LABOUR PRACTICES !N UNFAIR LABOUR PRACTICE IS ANY UNFAIR ACT OR OMISSION AT THE WORKPLACE INVOLVING s UNFAIR CONDUCT OF AN EMPLOYER RELATING TO THE PROMOTION OR DEMOTION OR PROBATION OF AN EMPLOYEE s UNFAIR CONDUCT RELATING TO THE PROVISION OF TRAINING OF AN EMPLOYEE s UNFAIR CONDUCT RELATING TO THE PROVISION OF BENEFITS FOR EXAMPLE PENSION MEDICAL AID ETC TO AN EMPLOYEE s UNFAIR DISCIPLINARY ACTION AGAINST AN EMPLOYEE SHORT OF A DISMISSAL FOR EXAMPLE A FINAL WRITTEN WARNING OR UNFAIR SUSPENSION s THE REFUSAL TO REINSTATE OR RE EMPLOY A FORMER EMPLOYEE IN TERMS OF ANY AGREEMENT FOR EXAMPLE FOLLOWING A RETRENCHMENT s AN OCCUPATIONAL SETBACK IN CONTRAVENTION OF THE 0ROTECTED $ISCLOSURES !CT .O OF BECAUSE AN EMPLOYEE HAS MADE A PROTECTED DISCLOSURE DEFINED IN THAT !CT &OR EXAMPLE AN EMPLOYEE IS DENIED OVERTIME BECAUSE HE MADE A DISCLOSURE IN TERMS OF THE @$ISCLOSURE OF )NFORMATION !CT 2EFERENCES TO UNFAIR DISCRIMINATION AGAINST AN EMPLOYEE IN THE ,2! HAVE BEEN TRANSFERRED TO THE %MPLOYMENT %QUITY !CT .O OF %%! SO @UNFAIR DISCRIMINATION IN THE WORKPLACE IS NO LONGER DEFINED AS AN UNFAIR LABOUR PRACTICE IN THE ,2! 4HE %%! LISTS THE GROUNDS FOR NON DISCRIMINATION IN THE WORKPLACE AND DESCRIBES THE STEPS THAT A PERSON CAN TAKE IF THEY BELIEVE THEY HAVE BEEN DISCRIMINATED AGAINST ON ANY OF THE LISTED GROUNDS 3EE PAGE %MPLOYMENT %QUITY !CT
7(!4 34%03 #!. "% 4!+%. )& !. 5.&!)2 ,!"/52 02!#4)#% )3 #/--)44%$ $ISPUTES OVER ALLEGED UNFAIR LABOUR PRACTICES MUST BE REFERRED WITHIN DAYS OF THE ALLEGED UNFAIR LABOUR PRACTICE BEING COMMITTED OR OF THE EMPLOYEE BECOMING AWARE OF THE 5NFAIR ,ABOUR 0RACTICE TO THE ##-! OR "ARGAINING #OUNCIL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
$ISMISSALS 7(!4 )3 ! $)3-)33!, $ISMISSAL MEANS THAT s !N EMPLOYER TERMINATES A CONTRACT OF EMPLOYMENT WITH OR WITHOUT NOTICE n 7ITH NOTICE MEANS THE EMPLOYER TELLS THE EMPLOYEE TO LEAVE WORK AFTER WORKING FOR THE REQUIRED TERM OF NOTICE AS PRESCRIBED IN THE CONTRACT OF EMPLOYMENT 4HE EMPLOYEE GETS PAID FOR THE TIME HE OR SHE WORKED PLUS ANY LEAVE PAY IF THIS IS OWING n 7ITHOUT NOTICE MEANS THE EMPLOYEE LEAVES IMMEDIATELY AND IS PAID OUT INSTEAD OF GETTING NOTICE CALLED PAYMENT IN LIEU OF NOTICE $ISMISSAL WITHOUT NOTICE IS CALLED @3UMMARY $ISMISSAL 7HILST 3UMMARY $ISMISSAL MIGHT TAKE PLACE WHERE AN EMPLOYEE IS GUILTY OF A VERY SERIOUS ACT FOR EXAMPLE THEFT IT WILL STILL BE PROCEDURALLY UNFAIR IF A FAIR HEARING HAS NOT BEEN HELD BEFORE THE DISMISSAL n 7HERE NOTICE IS TO BE PAID THE NOTICE PAY MUST BE WHAT IS PRESCRIBED AS NOTICE IN THE CONTRACT OF EMPLOYMENT FOR EXAMPLE WEEKS PAY INSTEAD OF WEEKS NOTICE 4HE PAYMENT MUST INCLUDE THE VALUE OF PAYMENT IN KIND IF THIS APPLIES TO A PARTICULAR SECTOR %MPLOYEES MUST THEREFORE GET WAGES FOR THE HOURS WORKED PLUS ANY LEAVE PAY PLUS PAYMENT IN LIEU OF NOTICE )F THE EMPLOYEE HAS BEEN SUMMARILY DISMISSED WITH FAIR REASONS AND FOLLOWING A FAIR HEARING THIS MEANS THE EMPLOYEE HAS TO LEAVE IMMEDIATELY AND THE EMPLOYER DOES NOT HAVE TO MAKE ANY PAYMENT IN LIEU OF NOTICE
s ! CONTRACT EMPLOYEE WHOSE FIXED TERM CONTRACT IS SUDDENLY ENDED OR RENEWED ON LESS FAVOURABLE TERMS WHERE THE EMPLOYEE EXPECTED THE CONTRACT TO BE RENEWED BECAUSE IT HAS OFTEN BEEN RENEWED BEFORE OR BECAUSE AN EXPECTATION EXISTS THAT THE EMPLOYMENT WILL BE ONGOING s A WOMAN WHO IS NOT TAKEN BACK INTO HER JOB AFTER HER MATERNITY LEAVE s !N EMPLOYER DISMISSES A NUMBER OF EMPLOYEES FOR SOME REASON FOR EXAMPLE FOR BEING ON STRIKE AND OFFERS TO RE EMPLOY ONE OR MORE BUT NOT ALL s !N EMPLOYEE WHO WAS FORCED TO WALK OUT OR RESIGN BECAUSE THE EMPLOYER MADE THE WORKING ENVIRONMENT IMPOSSIBLE TO TOLERATE s 4HE EMPLOYEE LEAVES HISHER WORK WITH NOTICE OR WITHOUT NOTICE BECAUSE A NEW EMPLOYER HAS TAKEN OVER THE BUSINESS AND IS NOT PAYING THE EMPLOYEE THE SAME WAGES AND CONDITIONS OF EMPLOYMENT ARE NOT THE SAME AS HESHE ENJOYED BEFORE s %MPLOYEES HAVE BEEN RETRENCHED 4HE EMPLOYER MUST PAY THE EMPLOYEE SEVERANCE PAY OF AT LEAST WEEKgS REMUNERATION FOR EVERY FULL YEAR THAT THE EMPLOYEE WORKED FOR THE EMPLOYER 4HE PAYMENT MUST INCLUDE THE VALUE OF PAYMENT IN KIND 3O THE EMPLOYEE MUST GET WAGES FOR THE HOURS WORKED PLUS ANY LEAVE PAY PLUS NOTICE OR PAYMENT IN LIEU OF NOTICE PLUS SEVERANCE PAY %MPLOYEES IN THESE CIRCUMSTANCES ARE ENTITLED TO FAIR DISMISSAL REASONS AND FAIR DISMISSAL PROCEDURES UNDER THE ,2! !N EMPLOYEE COULD CLAIM UNFAIR DISMISSAL THROUGH THE ##-! OR RELEVANT "ARGAINING #OUNCIL
!54/-!4)#!,,9 5.&!)2 $)3-)33!,3 4HE ,2! DEFINES CERTAIN DISMISSALS AS @AUTOMATICALLY UNFAIR !N AUTOMATICALLY UNFAIR DISMISSAL MUST BE REFERRED TO THE ##-! OR "ARGAINING #OUNCIL FOR CONCILIATION )F THE DISPUTE IS NOT RESOLVED AT CONCILIATION THEN THE MATTER AUTOMATICALLY GOES TO THE ,ABOUR #OURT FOR ADJUDICATION 4HE FOLLOWING REASONS FOR DISMISSAL ARE INVALID AND ANY DISMISSAL WILL BE REGARDED AS gAUTOMATICALLY UNFAIRg IF THE EMPLOYEE IS DISMISSED FOR s EXERCISING ANY OF THE RIGHTS GIVEN BY THE ,2! OR PARTICIPATING IN PROCEEDINGS IN TERMS OF THE !CT s TAKING PART IN LAWFUL UNION ACTIVITIES s TAKING PART IN A LEGAL STRIKE OR OTHER INDUSTRIAL ACTION OR PROTEST ACTION s REFUSING TO DO THE WORK OF SOMEONE WHO WAS ON STRIKE s BEING PREGNANT OR ANY REASON RELATED TO PREGNANCY s REFUSING TO ACCEPT A CHANGE IN WORKING CONDITIONS s REASONS THAT ARE DUE TO ARBITRARY DISCRIMINATION EXCEPT THAT AN EMPLOYER MAY RETIRE SOMEONE WHO HAS REACHED THE NORMAL OR AGREED RETIREMENT AGE OR IF THE REASON IS BASED ON AN INHERENT REQUIREMENT OF THE JOB FOR EXAMPLE BEING ABLE TO SPEAK A CERTAIN LANGUAGE IN ORDER TO DO THE JOB PROPERLY s A REASON RELATED TO A TRANSFER FOLLOWING A MERGER OF THE COMPANY WITH ANOTHER ORGANISATION s WHERE THE EMPLOYEE IS DISMISSED FOLLOWING A DISCLOSURE MADE BY HIM IN TERMS OF THE $ISCLOSURE OF )NFORMATION !CT
7(%. )3 ! $)3-)33!, &!)2 /2 5.&!)2 4HE ,2! HAS A #ODE OF 'OOD 0RACTICE FOR $ISMISSALS THAT EMPLOYERS MUST FOLLOW 4HE gFAIRNESSg OF DISMISSAL IS DECIDED IN TWO WAYS n SUBSTANTIVE FAIRNESS AND PROCEDURAL FAIRNESS
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3EE PAGE 2ETRENCHMENT OR REDUNDANCY DISMISSAL ON FAIR PROCEDURE
$)3-)33!, 7),, "% 5.&!)2 35"34!.4)6% &!)2.%33 7AS THERE A gFAIRg REASON TO DISMISS THE EMPLOYEE 7AS DISMISSAL APPROPRIATE UNDER THE CIRCUMSTANCES 4HE EMPLOYER MUST HAVE A PROPER AND FAIR REASON FOR DISMISSING THE EMPLOYEE ! gFAIRg REASON CAN BE ONE OF THESE s MISCONDUCT n THE EMPLOYEE HAS DONE SOMETHING SERIOUSLY WRONG AND CAN BE BLAMED FOR THE MISCONDUCT 3EE PAGE $ISMISSAL FOR MISCONDUCT s INCAPACITY n THIS INCLUDES POOR PERFORMANCE WHERE THE EMPLOYEE DOES NOT DO THE JOB PROPERLY OR THE EMPLOYEE IS UNABLE TO DO THE JOB DUE TO ILLNESS OR DISABILITY 3EE PAGE $ISMISSAL FOR INCAPACITY s RETRENCHMENT OR REDUNDANCY n THE EMPLOYER IS CUTTING DOWN ON STAFF OR RESTRUCTURING THE WORK AND WORK OF A PARTICULAR KIND HAS CHANGED 3EE PAGE 2ETRENCHMENT
4HE EMPLOYER MUST HAVE A PROPER AND FAIR REASON FOR DISMISSING THE EMPLOYEE ! gFAIRg REASON CAN BE ONE OF THESE s MISCONDUCT n THE EMPLOYEE HAS DONE SOMETHING SERIOUSLY WRONG AND CAN BE BLAMED FOR THE MISCONDUCT 3EE PAGE $ISMISSAL FOR MISCONDUCT s INCAPACITY n THIS INCLUDES POOR PERFORMANCE WHERE THE EMPLOYEE DOES NOT DO THE JOB PROPERLY OR THE EMPLOYEE IS UNABLE TO DO THE JOB DUE TO ILLNESS OR DISABILITY 3EE PAGE $ISMISSAL FOR INCAPACITY s RETRENCHMENT OR REDUNDANCY n THE EMPLOYER IS CUTTING DOWN ON STAFF OR RESTRUCTURING THE WORK AND WORK OF A PARTICULAR KIND HAS CHANGED 3EE PAGE 2ETRENCHMENT
02/#%$52!, &!)2.%33 7AS A FAIR PROCEDURE FOLLOWED BEFORE THE EMPLOYEE WAS DISMISSED 4HE EMPLOYEE MUST ALWAYS HAVE A FAIR HEARING BEFORE BEING DISMISSED )N OTHER WORDS THE EMPLOYEE MUST ALWAYS GET A CHANCE TO GIVE HIS OR HER SIDE OF THE STORY BEFORE THE EMPLOYER DECIDES ON DISMISSAL )F AN EMPLOYEE FEELS A DISMISSAL WAS UNFAIR EITHER SUBSTANTIVELY OR PROCEDURALLY THEN THIS CAN BE REFERRED TO THE ##-! FOR CONCILIATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 0ROBLEM %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY WITH NO PREVIOUS RECORD OF DRUNKENNESS
$)3-)33!, &/2 -)3#/.$5#4 &!)2 2%!3/.3 %MPLOYERS ARE ENCOURAGED TO ADOPT CLEAR RULES OF CONDUCT THAT ARE KNOWN TO ALL EMPLOYEES 3OME RULES MAY BE SO WELL ESTABLISHED OR OBVIOUS THAT EVERYONE CAN BE EXPECTED TO KNOW THEM FOR EXAMPLE THAT VIOLENCE AT WORK IS NOT ACCEPTABLE $ISMISSALS FOR MISCONDUCT WILL ONLY BE FAIR IF s THE EMPLOYEE BROKE A RULE OF CONDUCT IN THE WORKPLACE s THE RULE WAS REASONABLE AND NECESSARY s THE EMPLOYEE KNEW OF THE RULE OR SHOULD HAVE KNOWN OF THE RULE s THE EMPLOYER APPLIED THE RULE CONSISTENTLY THERE ARE NO OTHER EMPLOYEES WHO HAVE BEEN ALLOWED TO GET AWAY WITH THIS MISCONDUCT s IT IS APPROPRIATE TO DISMISS THE EMPLOYEE FOR THIS REASON RATHER THAN TAKING LESS SERIOUS DISCIPLINARY ACTION OR IMPOSING A LESSER PENALTY SUCH AS A FINAL WARNING #ORRECTIVE OR PROGRESSIVE DISCIPLINE MUST BE USED FOR MISCONDUCT 4HE AIM OF CORRECTIVE DISCIPLINE IS TO CORRECT THE EMPLOYEE AND HELP HIM OR HER OVERCOME THE PROBLEM 0ROGRESSIVE DISCIPLINE CAN GET STRONGER EVERY TIME THE EMPLOYEE REPEATS THE MISCONDUCT %MPLOYEES SHOULD NOT BE DISMISSED FOR A FIRST OFFENCE UNLESS IT IS VERY SERIOUS SUCH AS GROSS INSUBORDINATION OR DISHONESTY INTENTIONAL DAMAGE TO THE EMPLOYERgS PROPERTY PUTTING OTHERSg SAFETY AT RISK OR PHYSICAL ASSAULT OF A CO EMPLOYEE %MPLOYEES CAN BE DISMISSED FOR MISCONDUCT IF THEY GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES 4HE EMPLOYER SHOULD CONTACT A TRADE UNION OFFICIAL AND TELL THE OFFICIAL OF THE PLANNED DISMISSALS AND TRY TO GIVE EMPLOYEES AN ULTIMATUM WITH ENOUGH TIME TO CONSIDER THE ULTIMATUM "EFORE DECIDING TO DISMISS THE EMPLOYEE FOR MISCONDUCT THE EMPLOYER MUST CONSIDER s THE EMPLOYEEgS CIRCUMSTANCES FOR EXAMPLE LENGTH OF SERVICE PREVIOUS DISCIPLINARY RECORD PERSONAL CIRCUMSTANCES
s THE NATURE OF THE JOB s THE CIRCUMSTANCES IN WHICH THE MISCONDUCT TOOK PLACE
&!)2 02/#%$52%3 %MPLOYERS MUST KEEP RECORDS FOR EACH EMPLOYEE WHICH SAY WHAT OFFENCES AN EMPLOYEE COMMITTED WHAT DISCIPLINARY ACTION WAS TAKEN AND WHY THE ACTION WAS TAKEN )F THERE IS REPEATED MISCONDUCT THE EMPLOYER MUST GIVE THE EMPLOYEE WARNINGS ! FINAL WARNING FOR REPEATED MISCONDUCT OR SERIOUS MISCONDUCT MUST BE GIVEN IN WRITING 4HERE MUST BE A FAIR HEARING s )F THE EMPLOYEE IS A SHOP STEWARD THE EMPLOYER MUST FIRST INFORM OR CONSULT THE UNION BEFORE THE DISCIPLINARY HEARING s 4HE EMPLOYEE MUST KNOW IN ADVANCE WHAT THE CHARGES ARE AGAINST HIM OR HER s 4HE EMPLOYEE MUST BE GIVEN ENOUGH TIME TO PREPARE FOR A HEARING APPROXIMATELY OR WORKING DAYS s 4HE EMPLOYEE MUST BE PRESENT AT THE HEARING AND BE ALLOWED TO STATE HIS OR HER CASE s 4HE EMPLOYEE MUST BE ALLOWED TO BE REPRESENTED AT THE HEARING BY A SHOP STEWARD OR CO EMPLOYEE OF HISHER CHOICE s 4HE EMPLOYEE MUST BE ALLOWED TO SEE DOCUMENTS AND CROSS EXAMINE EVIDENCE USED AGAINST HIM OR HER s 4HE EMPLOYER SHOULD BRING ALL WITNESSES AGAINST THE EMPLOYEE TO THE HEARING 4HE EMPLOYEE SHOULD HAVE A CHANCE TO CROSS EXAMINE WITNESSES CALLED AGAINST HIM OR HER s 4HE EMPLOYEE SHOULD BE ALLOWED TO CALL WITNESSES s 4HE EMPLOYEE MUST BE GIVEN REASONS FOR ANY DECISIONS TAKEN s 4HE #HAIRPERSON OF THE HEARING SHOULD NOT BE BIASED AGAINST THE EMPLOYEE CHARGED WITH MISCONDUCT 3OMETIMES IF THE EMPLOYER HAS ONLY A VERY SMALL BUSINESS SHE OR HE WILL NOT BE EXPECTED TO MEET ALL THESE REQUIREMENTS AS FORMALLY AS WOULD A LARGER ORGANISATION
$)3-)33!, &/2 ).#!0!#)49 &!)2 2%!3/.3 ! DISMISSAL FOR INCAPACITY CAN BE FOR s POOR WORK PERFORMANCE s PHYSICAL DISABILITY OR ILL HEALTH s INCOMPATIBILITY OR WHERE THE EMPLOYEE IS UNSUITABLE TO CONTINUE IN THE POSITION 7HEN DECIDING WHETHER A DISMISSAL FOR INCAPACITY WAS FAIR OR NOT THE FOLLOWING MUST BE CONSIDERED s WHETHER THE EMPLOYEE FAILED TO WORK TO A REQUIRED STANDARD s WHETHER THE EMPLOYEE WAS AWARE OF THE STANDARD s WHETHER THE EMPLOYEE WAS GIVEN A FAIR CHANCE TO MEET THE STANDARD s WHETHER DISMISSAL IS THE APPROPRIATE OUTCOME FOR FAILING TO MEET THE STANDARD s WHETHER THE INCAPACITY IS SERIOUS AND WHAT THE LIKELIHOOD IS OF AN IMPROVEMENT s WHETHER THE EMPLOYEE COULD BE ACCOMMODATED IN AN ALTERNATIVE POSITION SHOULD ONE BE AVAILABLE
&!)2 02/#%$52%3 $ISMISSALS FOR POOR PERFORMANCE WILL ONLY BE FAIR IF THE EMPLOYER s HAS GIVEN THE EMPLOYEE PROPER TRAINING INSTRUCTIONS EVALUATION GUIDANCE AND ADVICE s ASSESSED THE EMPLOYEEgS PERFORMANCE OVER A REASONABLE PERIOD OF TIME s INVESTIGATED THE REASONS FOR CONTINUED POOR PERFORMANCE s INVESTIGATED WAYS OF SOLVING THE PROBLEM WITHOUT RESORTING TO DISMISSAL s GAVE THE EMPLOYEE A CHANCE TO BE HEARD BEFORE DECIDING TO DISMISS s CONSIDERED EMPLOYING THE EMPLOYEE IN AN ALTERNATE AND APPROPRIATE POSITION SHOULD ONE BE AVAILABLE $ISMISSALS FOR TEMPORARYPERMANENT ILL HEALTH OR DISABILITY WILL ONLY BE FAIR IF THE EMPLOYER s INVESTIGATED THE DEGREE AND DURATION OF THE INJURY OR INCAPACITY s CONSIDERED WAYS OF AVOIDING DISMISSAL FOR EXAMPLE GETTING A TEMPORARY EMPLOYEE UNTIL THE SICK EMPLOYEE IS BETTER s TRIED TO FIND ALTERNATIVE WORK FOR THE EMPLOYEE TO DO s TRIED TO ADAPT THE WORK SO THAT THE EMPLOYEE COULD STILL DO IT s GAVE THE EMPLOYEE A CHANCE TO BE HEARD BEFORE DECIDING TO DISMISS (OW BADLY ILL OR DISABLED THE EMPLOYEE IS DEGREE OF INCAPACITY AND FOR HOW LONG HE OR SHE IS LIKELY TO REMAIN ILL OR DISABLED DURATION OF INCAPACITY AS WELL AS THE REASON FOR THE INCAPACITY WILL BE CONSIDERED WHEN DECIDING WHETHER THE DISMISSAL IS FAIR OR NOT -ORE EFFORT IS EXPECTED OF THE EMPLOYER IF THE EMPLOYEE WAS INJURED OR GOT SICK BECAUSE OF THEIR WORK 3EE PAGE 0ROBLEM %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
2%42%.#(-%.4 /2 2%$5.$!.#9 $)3-)33!, &!)2 2%!3/.3 !N EMPLOYER IS ALLOWED TO RETRENCH EMPLOYEES FOR gOPERATIONAL REQUIREMENTSg BASED ON THE EMPLOYERgS gECONOMIC TECHNOLOGICAL STRUCTURAL OR SIMILAR NEEDSg %8!-0,%3 %#/./-)# 2%!3/. 4HE EMPLOYER SAYS THE BUSINESS IS LOSING MONEY 4%#(./,/')#!, 2%!3/.3 4HE EMPLOYER IS GETTING A MACHINE TO DO WORK THAT EMPLOYEES DID BY HAND BEFORE OR THE EMPLOYERgS NEW MACHINES NEED DIFFERENT SKILLS TO OPERATE THEM THAN THE EXISTING EMPLOYEESg SKILLS 3425#452!, 2%!3/. 4HE EMPLOYER IS RESTRUCTURING THE BUSINESS BY COMBINING TWO DEPARTMENTS SO HAS NOT FURTHER NEED FOR TWO (EADS OF $EPARTMENTS
&!)2 02/#%$52%3 7HEN AN EMPLOYER CONSIDERS RETRENCHMENT HE OR SHE MUST CONSULT s WHOEVER A COLLECTIVE AGREEMENT SAYS MUST BE CONSULTED OR IF NONE EXISTS s THE WORKPLACE FORUM OR IF NONE EXISTS s THE UNION OR IF NONE EXISTS s THE EMPLOYEES THEMSELVES
4HE EMPLOYER MUST ISSUE A WRITTEN NOTICE INVITING THE OTHER PARTY TO CONSULT WITH IT AND MAKE ALL THE RELEVANT INFORMATION AVAILABLE IN WRITING AT THE CONSULTATIONS INCLUDING s REASONS FOR RETRENCHMENT s ALTERNATIVES CONSIDERED INCLUDING REDEPLOYMENT s NUMBER OF EMPLOYEES TO BE RETRENCHED s HOW IT WILL BE DECIDED WHICH EMPLOYEES TO RETRENCH s WHEN THE DISMISSALS WILL TAKE PLACE s SEVERANCE PAY s WHAT OTHER HELP THE EMPLOYER WILL GIVE TO THE EMPLOYEES WHO WILL BE RETRENCHED s POSSIBILITIES OF FUTURE RE EMPLOYMENT FOR THESE EMPLOYEES s NUMBER OF EMPLOYEES EMPLOYED BY THE EMPLOYER s NUMBER OF EMPLOYEES THE EMPLOYER HAS RETRENCHED DURING THE PAST MONTHS 4HE EMPLOYEES THE EMPLOYER IS CONSULTING WITH MUST BE ALLOWED TO HAVE THEIR SAY AND MAKE SUGGESTIONS ON ANY OF THESE ISSUES )F THE EMPLOYER REJECTS WHAT THEY SAY HE OR SHE MUST GIVE REASONS IN WRITING IF THE EMPLOYEES HAVE SUBMITTED THEIR REPRESENTATIONS IN WRITING 4HE CONSULTATION PROCESS IS A @JOINT CONSENSUS SEEKING PROCESS )N OTHER WORDS THE PARTIES TRY AND REACH AN AGREEMENT ON THE DIFFERENT ISSUES SUCH AS s WHETHER RETRENCHMENT IS JUSTIFIED AND WAYS TO AVOID RETRENCHMENTS s WAYS TO REDUCE THE NUMBER OF PEOPLE RETRENCHED s WAYS TO LIMIT THE HARSH EFFECTS OF RETRENCHMENT s THE METHOD AND CRITERIA FOR SELECTING EMPLOYEES TO BE RETRENCHED IF THERE IS NO AGREEMENT THE EMPLOYER MUST USE FAIR AND OBJECTIVE CRITERIA s SEVERANCE PAY EMPLOYEES CAN NEGOTIATE FOR HIGHER SEVERANCE PAY THAN THE ,2! PRESCRIBES WHICH IS WEEKgS PAY FOR EVERY YEAR OF SERVICE )F EMPLOYEES AND THE EMPLOYER CANNOT AGREE DISPUTES OVER THE PROCEDURES FOR RETRENCHMENT CAN BE REFERRED TO THE ##-! FOR CONCILIATION AND THEREAFTER THE ,ABOUR #OURT )F THE RETRENCHMENT INVOLVES A SINGLE EMPLOYEE THE EMPLOYEE CAN CHALLENGE THE FAIRNESS OF THE DISMISSAL AT THE ##-! RATHER THAN THE ,ABOUR #OURT IF HE OR SHE WISHES ! DISPUTE ABOUT THE AMOUNT OF SEVERANCE PAY IS FINALISED AT THE ##-! BY ARBITRATION 3ECTION ! OF THE ,ABOUR 2ELATIONS !CT HAS SPECIAL PROVISIONS FOR RETRENCHMENTS IN COMPANIES THAT EMPLOY MORE THAN FIFTY EMPLOYEES 4HE PROVISIONS CAN BE USED BY PARTIES IF BOTH AGREE TO THIS TO HELP THEM REACH AN AGREEMENT 4HE PROVISIONS ALLOW FOR AN OUTSIDE FACILITATOR TO HELP FACILITATE THE PROCESS AND THE RIGHT TO STRIKE OVER RETRENCHMENTS AS A FINAL RESORT 3EE PAGE 0ROBLEM 2ETRENCHMENT
7(!4 34%03 #!. "% 4!+%. )& 4(%2% )3 !. 5.&!)2 $)3-)33!, )F AN EMPLOYEE THINKS THAT THE DISMISSAL WAS UNFAIR IN OTHER WORDS THAT THE EMPLOYER DIDNgT FOLLOW FAIR PROCEDURES OR THERE IS NOT A gGOOD REASONg FOR THE DISMISSAL THEN THE EMPLOYEE CAN TRY TO CHALLENGE THE DISMISSAL )F A DISMISSAL IS FOUND TO BE UNFAIR THE EMPLOYEE WILL BE ABLE TO GET REINSTATED OR RE EMPLOYED OR GET COMPENSATION MONEY 2EINSTATEMENT MEANS THE EMPLOYEE GETS THE JOB BACK AS IF SHE OR HE WAS NEVER DISMISSED 2E EMPLOYMENT MEANS THE EMPLOYEE GETS THE JOB BACK BUT STARTS LIKE A NEW EMPLOYEE
4HE EMPLOYEE IS LIKELY TO GET COMPENSATION IF s THE EMPLOYEE DOES NOT WANT THE JOB BACK s THE CIRCUMSTANCES SURROUNDING THE DISMISSAL WOULD MAKE THE RELATIONSHIP BETWEEN EMPLOYEE AND EMPLOYER INTOLERABLE s IT IS NOT REASONABLY PRACTICAL FOR THE EMPLOYER TO TAKE THE EMPLOYEE BACK s THE DISMISSAL IS UNFAIR MERELY BECAUSE THE EMPLOYER FAILED TO COMPLY WITH A FAIR PROCEDURE BUT THERE WAS A GOOD REASON FOR DISMISSAL PROCEDURAL OR SUBSTANTIVE UNFAIRNESS 4HE EMPLOYEE CAN GET UP TO MONTHSg WAGES AS COMPENSATION FOR AN UNFAIR DISMISSAL )F IT WAS AN AUTOMATICALLY UNFAIR DISMISSAL THE EMPLOYEE COULD GET UP TO MONTHSg WAGES AS COMPENSATION 4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES TO BE FOLLOWED TO RESOLVE DISPUTES OVER UNFAIR LABOUR PRACTICES AND UNFAIR DISMISSALS 4HE STEPS ARE SUMMARISED BELOW 4HIS SECTION LOOKS IN DETAIL AT CONCILIATION ARBITRATION AND ADJUDICATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 0ROBLEM %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY WITH NO PREVIOUS RECORD OF DRUNKENNESS
3OLVING DISPUTES UNDER THE ,2! #/.#),)!4)/. "9 4(% ##-! /2 "!2'!).).' #/5.#), #ONCILIATION IS A PROCESS TO BRING THE TWO SIDES IN A DISPUTE TOGETHER AFTER THEY HAVE REACHED A DEADLOCK )N CONCILIATION AN INDEPENDENT AND NEUTRAL THIRD PARTY IS USED TO MEDIATE BETWEEN THE TWO SIDES 5NDER THE ,ABOUR 2ELATIONS !CT THE CONCILIATOR MEDIATOR IS A COMMISSIONER FROM THE ##-! OR "ARGAINING #OUNCIL
(/7 4/ 2%&%2 4(% $)3054% 4/ 4(% 2)'(4 "/$9 &IND OUT WHETHER THERE IS A "ARGAINING #OUNCIL COVERING THE SECTOR THAT THE EMPLOYEE WORKS IN )F THERE IS A "ARGAINING #OUNCIL PHONE THAT #OUNCIL AND FIND OUT THE STEPS YOU SHOULD TAKE TO REFER THE MATTER FOR CONCILIATION )F THERE IS NO "ARGAINING #OUNCIL THE DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION $O THE FOLLOWING s &ILL IN FORM ,2! s 3END A COPY OF THE FORM TO THE EMPLOYER BY FAX REGISTERED MAIL OR PERSONAL DELIVERY s 3END A COPY TO THE ##-! BY FAX REGISTERED MAIL OR PERSONAL DELIVERY !TTACH PROOF THAT YOU HAVE SENT A COPY TO THE EMPLOYER FOR EXAMPLE A FAX TRANSMISSION SLIP REGISTERED MAIL SLIP OR AFFIDAVIT CONFIRMING PERSONAL DELIVERY OF FORM ,2! )F YOU DO NOT WANT CONCILIATION AND ARBITRATION TO TAKE PLACE ON THE SAME DAY WITH THE SAME COMMISSIONER YOU MUST NOTE THIS IN THE APPROPRIATE SPACE ON THE DISPUTE FORM 3EE PAGE ,2! &ORM
!00,9).' &/2 #/.$/.!4)/. )& 4(% 2%&%22!, )3 ,!4% )F MORE THAN DAYS HAVE PASSED SINCE THE DISMISSAL OR DAYS IF IT IS AN UNFAIR LABOUR PRACTICE TOOK PLACE YOU WILL HAVE TO APPLY FOR CONDONATION WHICH IS LIKE AN EXTENSION OF THE DEADLINE )F A "ARGAINING #OUNCIL WILL DEAL WITH THE MATTER ASK THE #OUNCIL HOW TO APPLY FOR CONDONATION )F THE ##-! WILL DEAL WITH THE MATTER YOU CAN APPLY FOR CONDONATION IN FORM ,2! OR THE ##-! WILL ASK YOU TO FILL IN CONDONATION FORMS IF YOU DIDNgT DO IT ON FORM ,2!
34%03 4/ 2%3/,6% ! ,!"/52 $)3054% 5.$%2 4(% ,2!
2%&%2 !. 5.&!)2 ,!"/52 02!#4)#% &/2 #/.#),)!4)/. 4/ ! "!2'!).).' #/5.#), )& /.% %8)343 /2 ##-! 7)4(). $!93 /& 4(% $!4% x s ON WHICH THE UNFAIR LABOUR PRACTICE TOOK PLACE /2 s WHEN THE EMPLOYEE BECAME AWARE OF THE PRACTICE
)& 4(% $)3054% )3 3%44,%$ 4(2/5'( #/.#),)!4)/. -AKE SURE THE AGREEMENT IS RECORDED IN WRITING AND THAT IT IS UNDERSTOOD BY BOTH PARTIES
&OLLOW UP TO MAKE SURE THE AGREEMENT IS IMPLEMENTED
)& !'2%%-%.4 )3 ./4 )-0,%-%.4%$ !PPLY TO THE ,ABOUR #OURT FOR A COURT ORDER
2%&%2 !. 5.&!)2 $)3-)33!, &/2 #/.#),)!,)/. 4/ ! "!2'!).).' #/5.#), )& /.% %8)343 /2 ##-! 7)4(). $!93 /& #/-0,%4)/. /& ).4%2.!, $)3#)0,).!29 02/#%$52%3
)& 4(% $)3054% )3 ./4 3%44,%$ 4(2/5'( #/.#),)!4)/. 2EFER THE CASE WITHIN DAYS TO ARBITRATION WITH THE "# OR ##-! FOR UNFAIR DISMISSAL AND 5,0 OR GO TO THE ,ABOUR #OURT DEPENDING ON THE TYPE OF DISPUTE OR TAKE INDUSTRIAL ACTION
!2")42!4)/. 7)4( 4(% "# /2 ##-! )F THE DISPUTE INVOLVES s DISMISSAL FOR MISCONDUCT OR INCAPACITY s UNFAIR RETRENCHMENT OF AN INDIVIDUAL s UNFAIR LABOUR PRACTICE NOT INVOLVING ARBITRARY DISCRIMINATION LIKE SEVERANCE PAY UNFAIR DISCIPLINARY ACTION ORGANISING RIGHTS LIKE UNION ACCESS TO WORKPLACE
)N CERTAIN CASES YOU CAN APPLY WITHIN WEEKS FOR A REVIEW ,!"/52 #/524 2%6)%7
!$*5$)#!4)/. 7)4( 4(% ,!"/52 #/524 )F THE DISPUTE INVOLVES s AUTOMATICALLY UNFAIR DISMISSAL FOR EXAMPLE FOR PREGNANCY OR REFUSING TO OBEY AN ILLEGAL ORDER s ARBITRARY AND UNFAIR DISCRIMINATION s DISMISSAL FOR OPERATIONAL REQUIREMENTS FOR EXAMPLE RETRENCHMENTS s RIGHT TO JOIN A TRADE UNION STRIKE AND PICKET
!00%!, ). ,!"/52 !00%!, #/524
).$5342)!, !#4)/. #!. ./4 "% 4!+%. s IF THERE IS AN AGREEMENT BETWEEN EMPLOYEES AND EMPLOYER WHICH ALREADY HAS A DECISION ABOUT THE ISSUE OR SAYS THAT SUCH DISPUTES MUST BE REFERRED FOR ARBITRATION OR PROHIBITS INDUSTRIAL ACTION s IF THE ,2! SAYS SUCH DISPUTES MUST BE REFERRED FOR ARBITRATION s IF EMPLOYEES ARE ENGAGED IN AN ESSENTIAL SERVICE
).$5342)!, !#4)/. 7AIT DAYS FROM REFERRING THE DISPUTE TO ##-! 7AIT FOR THE UNSUCCESSFUL CONCILIATION CERTIFICATE FROM ##-! 'IVE HOURS WRITTEN NOTICE TO EMPLOYER
#ONDONATION MAY BE GRANTED IF YOU ARE ABLE TO GIVE GOOD REASONS FOR BEING LATE WITH THE APPLICATION 7HEN YOU APPLY FOR CONDONATION YOU SHOULD FOCUS ON THE FOLLOWING s @DEGREE OF LATENESS OF YOUR APPLICATION HOW MANY DAYSWEEKSMONTHS LATE IS IT s THE PREJUDICE TO THE PARTIES s THE LIKELIHOOD OF SUCCESS OF YOUR CASE s THE MEASURE OF @PUBLIC INTEREST THAT APPLIES IF YOUR CASE GOES AHEAD ONLY IF THIS IS APPROPRIATE !PPLICATION FOR CONDONATION MUST BE IN THE FORM OF AN AFFIDAVIT 3EE PAGE !FFIDAVITS
4(% #/.#),)!4)/. -%%4).' 4HE COMMISSIONER WILL ARRANGE A VENUE AND TIME FOR THE CONCILIATION AND WILL INFORM BOTH PARTIES !T THE CONCILIATION MEETING THE COMMISSIONER MEETS WITH THE TWO PARTIES TO THE DISPUTE TO FIND WAYS TO SETTLE THE DISPUTE TO EVERYONEgS SATISFACTION 4HE MEETING IS CONDUCTED IN AN INFORMAL WAY AND THE COMMISSIONER CAN MEET THE PARTIES TOGETHER OR SEPARATELY AS OFTEN AS IS NEEDED 4HE COMMISSIONER HAS THE POWER TO SUBPOENA ANY PERSON TO ATTEND THE MEETING 4HE COMMISSIONER MUST TRY TO RESOLVE THE DISPUTE WITHIN DAYS OF IT BEING REFERRED TO THE ##-! OR "ARGAINING #OUNCIL 4HE EMPLOYEES AND EMPLOYER ARE FREE TO AGREE TO ANY SOLUTION TO SETTLE THE DISPUTE AT A CONCILIATION MEETING ! CERTIFICATE WILL BE ISSUED BY THE COMMISSIONER AT THE END OF THE MEETING TO SAY WHETHER THE DISPUTE HAS BEEN SETTLED OR NOT
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$ %-0,/9%23 ). ! #/.#),)!4)/. -%%4).' %MPLOYEES CAN BE REPRESENTED BY A CO EMPLOYEE OR A TRADE UNION OFFICE BEARER OR OFFICIAL )F THE DISPUTE DOES NOT CONCERN ALLEGED UNFAIR DISMISSAL FOR MISCONDUCT OR INCAPACITY EITHER PARTY CAN BE REPRESENTED BY A LAWYER 4HE EMPLOYER CAN BE REPRESENTED BY AN EMPLOYEE OF THE BUSINESS LIKE THE (UMAN 2ESOURCES -ANAGER OR BY A REPRESENTATIVE OF AN EMPLOYERSg ORGANISATION BUT NOT A LAWYER IF THE MATTER CONCERNS MISCONDUCT OR INCAPACITY DISMISSAL
35##%33&5, #/.#),)!4)/. )F THE CONCILIATION IS SUCCESSFUL AN AGREEMENT IS REACHED WHICH BOTH PARTIES MUST FOLLOW )F THEY DO THE MATTER IS RESOLVED AND ENDS HERE
7(!4 (!00%.3 )& 4(% #/.#),)!4)/. !'2%%-%.4 )3 ./4 #/-0,)%$ 7)4( )F EITHER PARTY BREAKS THE AGREEMENT THE OTHER PARTY MAY APPLY TO THE ,ABOUR #OURT TO HAVE THE AGREEMENT MADE INTO A COURT ORDER 4HESE ARE THE STEPS TO FOLLOW s /BTAIN THE APPLICATION FORMS FROM THE 2EGISTRAR OF THE #OURT AND FILL THEM IN s !TTACH A COPY OF THE AGREEMENT AND AN AFFIDAVIT TO THE APPLICATION 4HE AFFIDAVIT MUST STATE n WHEN THE DISPUTE WAS REFERRED FOR CONCILIATION n WHEN THE CONCILIATION MEETING WAS HELD n WHEN THE AGREEMENT WAS MADE n WHAT HAPPENED AFTER THE AGREEMENT WAS MADE
n WHETHER DEMANDS HAVE BEEN MADE n WHETHER THE EMPLOYEE HAS KEPT HIS OR HER PART OF THE AGREEMENT s 3ERVE THE APPLICATION ON THE EMPLOYER s &ILE THE APPLICATION AND PROOF THAT YOU HAVE SERVED NOTICE ON THE EMPLOYER WITH THE 2EGISTRAR OF THE #OURT
5.35##%33&5, #/.#),)!4)/. )F THE TWO PARTIES CANNOT REACH AN AGREEMENT OR THE EMPLOYER REFUSES TO ATTEND THE CONCILIATION MEETING THE COMMISSIONER WILL ISSUE A CERTIFICATE STATING THAT THE MATTER HAS NOT BEEN RESOLVED 4HE CERTIFICATE WILL BE SENT TO BOTH PARTIES BY THE COMMISSIONERgS OFFICE %ITHER PARTY CAN THEN REFER THE MATTER FOR ARBITRATION TO THE ##-! OR ADJUDICATION AT THE ,ABOUR #OURT DEPENDING ON THE NATURE OF THE DISPUTE $ISPUTES OVER THESE MATTERS ARE REFERRED TO THE ##-! OR "ARGAINING #OUNCIL FOR ARBITRATION s UNFAIR LABOUR PRACTICES THAT DO NOT INVOLVE DISCRIMINATION s DISMISSALS FOR ACTS OF MISCONDUCT THE EMPLOYER SAYS THE EMPLOYEE DID SOMETHING WRONG s DISMISSALS FOR INCAPACITY THE EMPLOYER SAYS THE EMPLOYEE CANgT DO THE WORK PROPERLY s SEVERANCE PAY s DISPUTES CONCERNING ORGANISATIONAL RIGHTS FOR A TRADE UNION s ALLEGED UNFAIR RETRENCHMENT WHERE THE RETRENCHMENT INVOLVED AN INDIVIDUAL EMPLOYEE s BREACH OF A COLLECTIVE AGREEMENT $ISPUTES OVER THESE MATTERS ARE REFERRED TO THE ,ABOUR #OURT FOR ADJUDICATION s $ISPUTES THAT INVOLVE DISCRIMINATION s RETRENCHMENTS s AUTOMATICALLY UNFAIR DISMISSALS 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS )F THE PARTIES BELIEVE THAT IT IS GOING TO BE TOO EXPENSIVE TO TAKE THE MATTER TO THE ,ABOUR #OURT THEY CAN AGREE TO HAVE THE MATTER ARBITRATED BY THE ##-! OR "ARGAINING #OUNCIL EVEN IF THE MATTER FALLS WITHIN THE JURISDICTION OF THE ,ABOUR #OURT
!2")42!4)/. "9 4(% ##-! /2 "!2'!).).' #/5.#), 7(!4 )3 !2")42!4)/. !RBITRATION MEANS THE TWO SIDES OR PARTIES TO THE DISPUTE AGREE TO USE A THIRD PARTY TO SETTLE A DISPUTE ! THIRD PARTY IS SOMEONE WHO IS NOT FROM THE UNION OR EMPLOYERgS SIDE 4HE ARBITRATOR ACTS AS JUDGE TO DECIDE THE DISPUTE 5NDER THE ,2! THE ARBITRATOR IS A COMMISSIONER FROM THE ##-! OR "ARGAINING #OUNCIL !FTER HEARING WHAT BOTH PARTIES HAVE TO SAY THE COMMISSIONER CAN MAKE A RULING THAT IS LEGALLY BINDING AND MUST BE ACCEPTED BY BOTH PARTIES
(/7 4/ 2%&%2 ! #!3% &/2 !2")42!4)/. )F THERE IS A "ARGAINING #OUNCIL WHICH REGULATES THE SECTOR THAT THE PARTIES WORK IN THEN THE MATTER MUST BE RESOLVED ACCORDING TO THE RULES OF THAT #OUNCIL #ONTACT THE RELEVANT #OUNCIL TO FIND OUT WHAT TO DO IF THE EMPLOYEE WANTS TO REFER THE MATTER TO ARBITRATION )N SOME CASES EVEN THOUGH THERE IS A "ARGAINING #OUNCIL THE ARBITRATION MAY BE DONE BY THE ##-!
4O REFER THE MATTER TO THE ##-! FOR ARBITRATION s &ILL IN FORM ,2! s 3END A COPY OF THE FORM TO THE EMPLOYER BY FAX REGISTERED MAIL OR PERSONAL DELIVERY s 3END A COPY TO THE ##-! BY FAX REGISTERED MAIL OR PERSONAL DELIVERY !TTACH PROOF THAT YOU HAVE SENT A COPY TO THE EMPLOYER FOR EXAMPLE A FAX TRANSMISSION SLIP REGISTERED MAIL SLIP OR AFFIDAVIT CONFIRMING PERSONAL DELIVERY
4(% !2")42!4)/. (%!2).' 4HE ##-! OR "ARGAINING #OUNCIL WILL APPOINT A COMMISSIONER TO ARBITRATE WILL SET THE TIME AND VENUE AND INFORM BOTH PARTIES 4HE ARBITRATION HEARING IS RELATIVELY INFORMAL AND THE COMMISSIONER WILL ENCOURAGE THE PARTIES TO FOCUS ON THE REAL MERITS OF THEIR CASES AND TO AVOID LEGAL TECHNICALITIES !FTER HEARING EVIDENCE FROM BOTH PARTIES UNDER OATH THE COMMISSIONER CAN MAKE A RULING THAT IS LEGALLY BINDING AND MUST BE ACCEPTED BY BOTH PARTIES )F THE COMMISSIONER DECIDES THAT THE EMPLOYER WAS WRONG THE COMMISSIONER CAN ORDER THE EMPLOYER TO TAKE CERTAIN STEPS OR TO PAY COMPENSATION 3EE PAGE #HECKLIST TO PREPARE FOR AN ARBITRATION
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$ %-0,/9%23 ). !. !2")42!4)/. 02/#%$52% %MPLOYEES CAN ONLY BE REPRESENTED BY A FELLOW EMPLOYEE A LAWYER WHERE THE CASE DOES NOT INVOLVE MISCONDUCT OR INCAPACITY DISMISSAL UNION OFFICIAL OR UNION OFFICE BEARER %MPLOYERS CAN ONLY BE REPRESENTED BY A LAWYER WHERE THE DISPUTE IS NOT A MISCONDUCT OR INCAPACITY DISMISSAL AN EMPLOYEE OF THE BUSINESS OR A REPRESENTATIVE FROM AN EMPLOYERSg ORGANISATION )N CASES INVOLVING DISMISSAL FOR MISCONDUCT OR INCAPACITY LAWYERS ARE NOT ALLOWED UNLESS THE COMMISSIONER SPECIFICALLY ALLOWS THIS ,EGAL !ID WILL ONLY BE GRANTED TO AN EMPLOYEE IN CASES WHERE THE ,2! ALLOWS FOR LAWYERS TO BE PRESENT AND CASES WHERE THE COMMISSIONER SPECIALLY ALLOWS LAWYERS 3EE PAGE !PPLYING FOR LEGAL AID
!2")42!4)/. !00%!,3 4HERE IS NO APPEAL AGAINST AN ARBITRATION AWARD "UT EITHER PARTY MAY REQUEST THE ,ABOUR #OURT TO REVIEW THE ARBITRATORgS DECISION IF THEY THINK s THE ARBITRATOR EXCEEDED HER OR HIS POWERS s THERE WAS SOMETHING LEGALLY WRONG IN THE PROCEEDINGS s THE ARBITRATOR DID NOT CONSIDER RELEVANT ISSUES IN ACCORDANCE WITH THE LAW 4HEY MUST ASK FOR A REVIEW WITHIN WEEKS OF RECEIVING THE ARBITRATION DECISION
!$*5$)#!4)/. "9 4(% ,!"/52 #/524 7(!4 )3 !$*5$)#!4)/. !DJUDICATION IS A FORMAL COURT JUDGMENT THAT IS LEGALLY BINDING ON ALL PARTIES 4HE ,ABOUR #OURTS ARE SET UP UNDER THE ,2! AND ARE BASED AT THE (IGH #OURT IN EACH PROVINCE 4HE ,ABOUR #OURT HAS THE SAME STATUS AS THE (IGH #OURT
(/7 4/ 2%&%2 ! #!3% &/2 !$*5$)#!4)/. )F A CASE GOES TO THE ,ABOUR #OURT FOR A COURT JUDGEMENT ADJUDICATION PHONE THE 2EGISTRAR OF THE NEAREST ,ABOUR #OURT TO GET THE NECESSARY REFERRAL FORMS 4HE JUDGE WILL HEAR EVIDENCE FROM BOTH SIDES AND MAKE A JUDGMENT
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$ %-0,/9%23 ). ! ,!"/52 #/524 #!3% %MPLOYEES AND EMPLOYERS ARE ENTITLED TO BE REPRESENTED BY A LAWYER IN ,ABOUR #OURT CASES ,EGAL !ID MAY BE GRANTED TO PAY FOR THE EMPLOYEEgS LAWYER 3EE PAGE !PPLYING FOR LEGAL AID
!$*5$)#!4)/. !00%!,3 ! ,ABOUR !PPEAL #OURT CAN HEAR APPEALS AND HAS THE SAME STATUS AS THE 3UPREME #OURT OF !PPEAL )F EITHER PARTY DOES NOT AGREE WITH THE DECISIONS OF THE ,ABOUR #OURT THEY CAN APPEAL TO THE ,ABOUR !PPEAL #OURT
4AKING INDUSTRIAL ACTION )NDUSTRIAL ACTION IS USED WHERE EMPLOYEES WANT NEW OR BETTER CONDITIONS AT THE WORKPLACE 3TAYAWAYS STRIKES WORK STOPPAGES GO SLOWS WORK TO RULE AND UNION BANS ON OVERTIME AND LOCK OUTS ARE ALL FORMS OF INDUSTRIAL ACTION )NDUSTRIAL ACTION CAN BE PROTECTED LEGAL OR UNPROTECTED 0ROTECTED INDUSTRIAL ACTION COMPLIES WITH THE RULES AND PROCEDURES SET OUT IN THE ,ABOUR 2ELATIONS !CT ,2! )F THE INDUSTRIAL ACTION COMPLIES WITH THE LAW THEN EMPLOYEES MAY NOT BE DISMISSED BY THEIR EMPLOYER FOR TAKING SUCH ACTION 5NPROTECTED INDUSTRIAL ACTION DOES NOT COMPLY WITH THE RULES AND PROCEDURES SET OUT IN THE ,2! 4HE COURTS ARE NOT SYMPATHETIC TOWARDS EMPLOYEES WHO GO ON AN UNPROTECTED STRIKE )F AN EMPLOYER DISMISSES EMPLOYEES WHO GO ON AN UNPROTECTED STRIKE IT IS NOT LIKELY THAT THE COURT WILL HELP THESE EMPLOYEES
7(%. )3 ).$5342)!, !#4)/. ./4 0%2-)44%$ )NDUSTRIAL ACTION IS NOT PERMITTED WHEN s THE EMPLOYERS AND EMPLOYEES HAVE ENTERED INTO A COLLECTIVE AGREEMENT WHICH PROHIBITS STRIKES OR LOCK OUTS AROUND THE ISSUE BEING DISPUTED s THE EMPLOYERS AND EMPLOYEES HAVE ENTERED INTO AN AGREEMENT WHICH REGULATES THE ISSUE BEING DISPUTED s THE LAW OR THE COLLECTIVE AGREEMENT SAYS THAT THE ISSUE BEING DISPUTED SHOULD BE RESOLVED THROUGH ARBITRATION OR THE ,ABOUR #OURT &OR EXAMPLE THE ,2! SAYS THAT UNFAIR DISMISSALS AND UNFAIR LABOUR PRACTICES MUST BE REFERRED TO ARBITRATION OR THE ,ABOUR #OURT %MPLOYEES CANNOT STRIKE OVER UNFAIR DISMISSAL OR UNFAIR LABOUR PRACTICES 3TRIKES OVER RETRENCHMENTS ARE LEGAL IF THE CORRECT CONSULTATION PROCESSES HAVE BEEN FOLLOWED s THERE HAS ALREADY BEEN ARBITRATION ABOUT THE ISSUE AND AN ARBITRATION DECISION WAS MADE WHICH REGULATES THE ISSUE s EMPLOYEES ARE EMPLOYED IN AN ESSENTIAL SERVICE OR A MAINTENANCE SERVICE !N ESSENTIAL SERVICE IS WHERE THE LIFE SAFETY OR HEALTH OF ANOTHER PERSON WILL BE ENDANGERED IF WORK IS INTERRUPTED TO GO ON STRIKE ! MAINTENANCE SERVICE IS WHERE MACHINERY OR THE FACTORY WILL BE DAMAGED IF WORK IS INTERRUPTED )N THESE CASES DISPUTES MUST GO TO ARBITRATION 0ARLIAMENT AND THE 3OUTH !FRICAN 0OLICE 3ERVICES ARE CLASSIFIED AS ESSENTIAL SERVICES IN THE ,2! 4HERE IS AN %SSENTIAL 3ERVICES #OMMISSION WHICH DECIDES WHICH OTHER EMPLOYEES PROVIDE AN ESSENTIAL OR MAINTENANCE SERVICE AND SO MAY NOT GO ON STRIKE !LTHOUGH EMPLOYEES IN ESSENTIAL SERVICES MAY NOT GO ON STRIKE THE ,2! PROVIDES OTHER WAYS FOR THEM TO RESOLVE DISPUTES )N MOST CASES WHERE THE PARTIES ARE UNABLE TO REACH AN AGREEMENT AROUND THEIR DISPUTE EITHER PARTY MAY REFER THE DISPUTE TO COMPULSORY ARBITRATION BY THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION OR THE RELEVANT "ARGAINING #OUNCIL
)N ALL OTHER CASES EMPLOYEES HAVE THE RIGHT TO STRIKE AND EVERY EMPLOYER HAS THE RIGHT TO LOCK OUT PROVIDED THEY FOLLOW THE CORRECT PROCEDURES FIRST 4HIS INCLUDES THE RIGHT TO STRIKE OVER WAGES AND CONDITIONS OF EMPLOYMENT AND TO STRIKE IN SOLIDARITY WITH OTHER LEGALLY STRIKING EMPLOYEES
7(!4 02/#%$52%3 -534 "% &/,,/7%$ "%&/2% ).$5342)!, !#4)/. )3 02/4%#4%$ s )F EMPLOYEES ARE PLANNING TO STRIKE IN SOLIDARITY WITH EMPLOYEES WHO ARE LEGALLY STRIKING A SECONDARY STRIKE THE EMPLOYEES MUST GIVE THEIR EMPLOYER DAYS NOTICE IN WRITING s )F THE EMPLOYEES ARE NOT PART OF A COLLECTIVE AGREEMENT WITH AN ALTERNATE DISPUTE RESOLUTION PROCEDURE THE DISPUTE MUST BE REFERRED TO THE ##-! OR THE RELEVANT "ARGAINING #OUNCIL AFTER THE OPPOSING PARTY HAS RECEIVED A COPY OF THE 2EFERRAL OF $ISPUTE &ORM ,2! )N ORDER FOR OTHER STRIKES OR LOCK OUTS ABOUT DISPUTES TO BE PROTECTED EMPLOYEES OR THE EMPLOYER MUST FOLLOW THESE STEPS s )F THE EMPLOYEES ARE PART OF A COLLECTIVE AGREEMENT WHICH HAS A DISPUTE RESOLUTION PROCEDURE THEN THAT PROCEDURE MUST BE FOLLOWED s /THERWISE THE DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! OR THE RELEVANT "ARGAINING #OUNCIL 4HE ##-! OR "ARGAINING #OUNCIL MUST TRY TO SETTLE THE DISPUTE WITHIN DAYS OF RECEIVING THE DISPUTE )F CONCILIATION IS SUCCESSFUL IT MEANS BOTH PARTIES ARE SATISFIED AND NO INDUSTRIAL ACTION WILL BE TAKEN s )F CONCILIATION WITHIN DAYS IS UNSUCCESSFUL THE PARTIES MUST WAIT UNTIL THE ##-! OR "ARGAINING #OUNCIL SENDS OR PROVIDES THEM A CERTIFICATE WHICH STATES THAT THE DISPUTE HAS NOT BEEN RESOLVED /NLY THEN CAN EITHER PARTY TAKE INDUSTRIAL ACTION s )N THE CASE OF A PROPOSED STRIKE THE EMPLOYEES MUST GIVE THE EMPLOYER AT LEAST HOURSg WRITTEN NOTICE THAT THEY INTEND TO TAKE INDUSTRIAL ACTION )F THE EMPLOYER IS THE STATE THE EMPLOYEES MUST GIVE AT LEAST DAYSg NOTICE 4HIS NOTICE MUST BE SPECIFIC ABOUT THE TIME OF THE STRIKE AND WHAT FORM THE STRIKE WILL TAKE s )N THE CASE OF A PROPOSED LOCK OUT THE EMPLOYER MUST GIVE THE EMPLOYEES AT LEAST HOURS WRITTEN NOTICE THAT IT INTENDS TO LOCK THE EMPLOYEES OUT )F THE EMPLOYER LOCKS EMPLOYEES OUT WITHOUT FOLLOWING THE PROCEDURES THE EMPLOYEES CAN IMMEDIATELY GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES )F EMPLOYEES GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES THE EMPLOYER DOES NOT HAVE TO FOLLOW PROCEDURES TO LOCK THEM OUT 7HERE THE EMPLOYER ILLEGALLY LOCKS OUT THE EMPLOYEES A CLAIM MUST BE MADE AGAINST THE EMPLOYER BECAUSE OF THIS ILLEGAL LOCKOUT
)& !. %-0,/9%2 5.),!4%2!,,9 #(!.'%3 #/.$)4)/.3 /& %-0,/9-%.4 )F AN EMPLOYER MAKES CHANGES TO EMPLOYEESg CONDITIONS OF EMPLOYMENT WITHOUT NEGOTIATING WITH EMPLOYEES EMPLOYEES CAN REFER A DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL 4HEY CAN THEN GIVE THE EMPLOYER HOURS NOTICE TO RESTORE THE STATUS QUO TO TAKE THINGS BACK TO WHAT THEY WERE FAILING WHICH THEY CAN GO ON STRIKE 7HEN REFERRING THE DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL AND GIVING NOTICE TO THE EMPLOYER EMPLOYEES CAN DEMAND s THAT THE EMPLOYER NOT IMPLEMENT THE CHANGES IF THE EMPLOYER STILL PLANS TO CHANGE THEIR CONDITIONS /2 s THAT THE EMPLOYER RESTORE THEIR ORIGINAL CONDITIONS OF EMPLOYMENT IF THE EMPLOYER HAS ALREADY CHANGED THEIR CONDITIONS
4HE EMPLOYEES CAN DEMAND THAT THE CHANGES MUST BE DELAYED s UNTIL CONCILIATION HAS TAKEN PLACE /2 s IF NO CONCILIATION TAKES PLACE UNTIL DAYS HAVE PASSED SINCE THE REFERRAL WAS RECEIVED BY THE ##-! OR #OUNCIL 4HE EMPLOYER MUST COMPLY WITH THE DEMAND WITHIN HOURS FROM THE TIME IT RECEIVES THE NOTICE FAILING WHICH THE STRIKE CAN BEGIN AND THE EMPLOYEES WILL BE PROTECTED
%-0,/9%%3g !.$ %-0,/9%2g3 2)'(43 ). 02/4%#4%$ ).$5342)!, !#4)/. s 0ROTECTED INDUSTRIAL ACTION CANNOT BE STOPPED BY A COURT ORDER "UT AN EMPLOYER CAN ASK THE ,ABOUR #OURT TO STOP A SOLIDARITY OR @SECONDARY STRIKE IF IT IS UNRELATED TO THE @PRIMARY FIRST INDUSTRIAL ACTION s 4HE EMPLOYER MAY NOT DISCIPLINE VICTIMISE INTIMIDATE OR DISMISS EMPLOYEES WHO TAKE PROTECTED INDUSTRIAL ACTION OR WHO ARE BEING LOCKED OUT NOR THOSE WHO REFUSE TO DO THE WORK OF ANOTHER EMPLOYEE WHO IS ON A PROTECTED STRIKE s 4HE EMPLOYER CAN DISMISS OR TAKE DISCIPLINARY ACTION AGAINST EMPLOYEES FOR MISCONDUCT WHILE TAKING INDUSTRIAL ACTION FOR EXAMPLE FOR VIOLENCE OR IF THEY VANDALISE THE EMPLOYERgS PROPERTY s 4HE EMPLOYER CANNOT CLAIM DAMAGES FOR LOST PRODUCTION DURING THE PROTECTED INDUSTRIAL ACTION 4HE EMPLOYER CAN CLAIM DAMAGES IF THE INDUSTRIAL ACTION IS UNPROTECTED s 4HE EMPLOYER DOES NOT HAVE TO PAY EMPLOYEES WHILE THEY ARE ON STRIKE OR LEGALLY BEING LOCKED OUT "UT EMPLOYEES WHO RECEIVE PAYMENT IN KIND THINGS LIKE HOUSING ELECTRICITY WATER OR FOOD INSTEAD OF MONEY CAN ASK THE EMPLOYER TO GIVE THEM THIS PART OF THEIR PAY AND THE EMPLOYER CANNOT REFUSE 7HEN THE STRIKE OR LOCK OUT IS OVER THE EMPLOYER CAN CLAIM THE VALUE OF THE PAYMENT IN KIND MADE DURING THE STRIKE OR LOCK OUT BACK FROM THE EMPLOYEES 4HIS MUST BE DONE THROUGH THE ,ABOUR #OURT 4HE MONEY CANNOT BE DEDUCTED FROM THE EMPLOYEESg PAY WITHOUT A COURT ORDER OR THE EMPLOYEESg PERMISSION s !N EMPLOYER IS ENTITLED TO RECRUIT TEMPORARY LABOUR WHILE EMPLOYEES ARE ON STRIKE OR WHEN THE EMPLOYEES ARE LOCKED OUT BY THE EMPLOYER BEFORE THE EMPLOYEES GO ON STRIKE )F THE EMPLOYER LOCKS OUT EMPLOYEES WHO HAVE ALREADY STARTED A STRIKE THEN THE EMPLOYER CAN USE STRIKE BREAKERS TO REPLACE THE STRIKERS FOR THE PERIOD OF THE STRIKE s )N EXCEPTIONAL CIRCUMSTANCES THE EMPLOYER CAN RETRENCH EMPLOYEES ON STRIKE 4HE EMPLOYER MUST FOLLOW THE PROCEDURES FOR RETRENCHMENT )F THE EMPLOYER THEN EMPLOYS OTHER EMPLOYEES IN PLACE OF THE RETRENCHED EMPLOYEES THE EMPLOYEES CAN TAKE THE DISPUTE TO THE ,ABOUR #OURT WHERE THE LOCKOUT IS IN RESPONSE TO A STRIKE )F THE EMPLOYER DID THE LOCKOUT FIRST THEN HESHE CANNOT EMPLOY TEMPORARY REPLACEMENT LABOUR
42!$% 5.)/.3 %MPLOYEES CAN ORGANISE THEMSELVES INTO EMPLOYEE ORGANISATIONS CALLED TRADE UNIONS ! TRADE UNION IS CONTROLLED RUN AND PAID FOR BY ITS MEMBERS /RGANISED EMPLOYEES IN FACTORIES ELECT SHOP STEWARDS AND COMMITTEES TO REPRESENT THEM AND REPORT BACK TO THEM IN THE WORKPLACE 4HE SHOP STEWARDS AND EMPLOYEES DISCUSS THE PROBLEMS IN THE WORKPLACE AND THE SHOP STEWARDS TAKE THE EMPLOYEESg PROBLEMS TO THE MANAGEMENT
7(!4 !2% 4(% !)-3 /& 42!$% 5.)/.3 s 4O NEGOTIATE WITH EMPLOYERS FOR PROPER WORKING CONDITIONS n FOR DECENT WAGES AND CONDITIONS OF WORK n FOR RECOGNITION BY THE EMPLOYER OF THE UNIONS AND SHOP STEWARDS IN THE WORKPLACE
s 4O PROTECT EMPLOYEES n FROM UNFAIR DISMISSAL AND UNFAIR LABOUR PRACTICES n FROM DISCRIMINATION AND ABUSE s 4O EDUCATE EMPLOYEES n ON THEIR RIGHTS AND HOW TO ENFORCE THESE RIGHTS n ON HOW TO CARRY OUT THEIR TASKS IN THE TRADE UNION s 4O REPRESENT EMPLOYEES n TO THE EMPLOYERS AND OTHER AUTHORITIES n TO GET BENElTS s 4O TAKE LEGAL ACTION WHEN NECESSARY
0!9).' &/2 4(% 5.)/. n 35"3#2)04)/.3 7HEN AN EMPLOYEE JOINS A UNION HE OR SHE WILL BE ASKED TO PAY A SUBSCRIPTION FEE EVERY MONTH TO BECOME A MEMBER 4HESE FEES ARE ALSO CALLED gSUBSg 4HE UNION USES THE @SUBS PAY FOR ITS EXPENSES SUCH AS SALARIES FOR UNION STAFF OFFICE RENTAL TRANSPORT FOR UNION STAFF ETC
4(% 2)'(4 /& %-0,/9%%3 4/ &/2- */). !.$ 4!+% 0!24 ). 42!$% 5.)/.3 4HE #ONSTITUTION AND THE ,ABOUR 2ELATIONS !CT SAY THAT EMPLOYEES HAVE THE RIGHT TO FORM AND JOIN TRADE UNIONS 4HIS RIGHT IS CALLED FREEDOM OF ASSOCIATION %MPLOYERS ARE NOT ALLOWED TO MAKE IT A CONDITION OF EMPLOYMENT THAT AN EMPLOYEE MUST OR MUST NOT BELONG TO A TRADE UNION )T IS THE EMPLOYEEgS CHOICE !N EMPLOYEE ALSO CANNOT BE VICTIMISED BECAUSE HE OR SHE IS A MEMBER OF A TRADE UNION 4HIS MEANS THE EMPLOYER CANNOT TREAT THE EMPLOYEE UNFAIRLY OR BADLY BECAUSE THE EMPLOYEE IS A TRADE UNION MEMBER
42!$% 5.)/. 2)'(43 ). 4(% 7/2+0,!#% ! REGISTERED UNION THAT HAS LESS THAN MEMBERSHIP OF THE WORKFORCE BUT WHICH IS SUFFICIENTLY REPRESENTATIVE AROUND OF MEMBERSHIP OF THE WORKFORCE AS MEMBERS CAN APPLY FOR THESE RIGHTS s !CCESS TO THE WORKPLACE FOR UNION OFFICE BEARERS AND OFFICIALS TO HOLD MEETINGS ETC s 4O BALLOT ITS MEMBERS s 4O PROVIDE STOP ORDER FACILITIES FOR THE DEDUCTION OF @SUBS OR TRADE UNION SUBSCRIPTIONS s &OR EMPLOYEES WHO ARE MEMBERS TO GET LEAVE FOR TRADE UNION ACTIVITIES 4HIS PERCENTAGE OF MEMBERSHIP IS REGARDED AS BEING @SUFFICIENTLY REPRESENTATIVE ! REGISTERED UNION THAT HAS A MAJORITY MORE THAN OF THE EMPLOYEES AS MEMBERS AT A WORKPLACE CAN APPLY FOR THE ABOVE RIGHTS AS WELL AS THE FOLLOWING s ELECTION OF SHOP STEWARDS EMPLOYEE REPRESENTATIVES s DISCLOSURE OF INFORMATION THE EMPLOYER MUST GIVE THE UNION ANY INFORMATION THAT IS RELEVANT FOR MEETINGS AND NEGOTIATIONS 4HE UNION APPLIES TO THE EMPLOYER FOR THESE RIGHTS 7ITHIN DAYS THE EMPLOYER MUST MEET THE UNION 4HEY MAKE A COLLECTIVE AGREEMENT ABOUT THESE RIGHTS 4HE UNION CAN ASK THE ##-! TO INTERVENE IF THE EMPLOYER REFUSES 4HE ##-! WILL TRY TO MEDIATE AND IF THAT FAILS WILL ARBITRATE 5NIONS THAT BELONG TO "ARGAINING #OUNCILS OR 3TATUTORY #OUNCILS AUTOMATICALLY HAVE THESE RIGHTS EVEN IF THEY DONgT HAVE MANY MEMBERS AT A WORKPLACE
3OCIAL WELFARE AND BENEFITS IN THE WORKPLACE 5.%-0,/9-%.4 ).352!.#% &5.$ 4HE GOVERNMENT HAS ESTABLISHED THE 5NEMPLOYMENT )NSURANCE &UND 5)& WITH THE AIM OF PROVIDING SHORT TERM RELIEF TO EMPLOYEES WHEN THEY BECOME UNEMPLOYED OR ARE UNABLE TO WORK BECAUSE OF ILLNESS MATERNITY OR ADOPTION LEAVE AND ALSO TO PROVIDE RELIEF TO THE DEPENDANTS OF A CONTRIBUTOR WHO HAS DIED )F AN EMPLOYEE BECOMES UNEMPLOYED THE 5)& WILL PAY THE EMPLOYEE FOR A MAXIMUM PERIOD OF MONTHS WHILE THAT EMPLOYEE IS UNEMPLOYED %MPLOYEES COMPANIES AND THE STATE CONTRIBUTE TO THIS FUND 4HERE ARE FIVE KINDS OF BENEFITS COVERED BY 5)& s UNEMPLOYMENT BENEFITS s SICK BENEFITS s MATERNITY BENEFITS s ADOPTION BENEFITS s DEPENDANTgS BENEFITS &OR MORE INFORMATION ON THE 5)& LOOK UP THE $EPARTMENT OF ,ABOUR WEBSITE WWWLABOURGOVZA
7(/ )3 ! #/.42)"54/2 4/ 4(% 5)& !LL EMPLOYEES THAT WORK FOR MORE THAN HOURS PER MONTH MUST CONTRIBUTE TO THE &UND )T IS ILLEGAL FOR EMPLOYERS NOT TO MAKE THE DEDUCTIONS FROM THE EMPLOYEES EARNINGS %VEN PEOPLE EARNING HIGH SALARIES UNLESS THEY ARE EARNING COMMISSION ONLY MUST CONTRIBUTE TO THE &UND REGARDLESS OF HOW MUCH THEY EARN 4HE &UND SETS A CEILING AMOUNT OF 2 PER YEAR OR 2 PER MONTH OR 2 PER WEEK !NY EMPLOYEE WHO EARNS ABOVE THIS THRESHOLD WILL ONLY CONTRIBUTE UP TO THIS AMOUNT )F THEY BECOME UNEMPLOYED THEY WILL RECEIVE BENEFITS AT THE LEVEL OF THE CEILING %8!-0,% 6ERNON IS A COMPANY ADMINISTRATOR AND HE EARNS 2 PER MONTH 4HE CURRENT THRESHOLD FOR 5)& IS 2 PER MONTH SO 6ERNON WILL PAY OF 2 AND THE COMPANY WILL PAY OF 2 EVERY MONTH ON HIS BEHALF TO THE 5)& )F 6ERNON BECOMES ILL AND WANTS TO CLAIM )LLNESS "ENEFITS THE 5)& WILL ONLY PAY HIM A PERCENTAGE OF 2 NOT OF HIS CURRENT SALARY OF 2 4HE ACTUAL AMOUNT HE WILL BE PAID WILL DEPEND ON THE NUMBER OF DAYS HE HAS BEEN CONTRIBUTING TO THE &UND
7(/ )3 ./4 #/6%2%$ "9 5)& #ERTAIN EMPLOYEES DO NOT CONTRIBUTE TO THE &UND AND THEY THEREFORE CANNOT CLAIM FROM THE &UND IF THEY ARE UNEMPLOYED 4HE FOLLOWING PEOPLE ARE NOT COVERED BY 5)& s EMPLOYEES WHO WORK LESS THAN HOURS PER MONTH OR HOURS PER WEEK s SEASONAL EMPLOYEES s EMPLOYEES WHO RECEIVE PAYMENT UNDER A LEARNERSHIP AGREEMENT NEGOTIATED UNDER THE 3KILLS $EVELOPMENT !CT .O OF s GOVERNMENT EMPLOYEES PUBLIC SERVANTS s PEOPLE WHOSE EARNINGS ARE CALCULATED ON A COMMISSION BASIS s FOREIGN CONTRACT EMPLOYEES UNLESS THEY HAVE PERMANENT RESIDENCE 3EE PAGE )MMIGRANTS AND MIGRANTS
(/7 $/ %-0,/9%%3 "%#/-% #/.42)"54/23 4/ 5)& )N TERMS OF THE !CT ALL EMPLOYERS HAVE TO BECOME REGISTERED WITH THE 5)& AND MAKE A DECLARATION OF ALL THEIR EMPLOYEES TO THE 5)& 7HENEVER THERE IS A CHANGE OF STAFF FOR EXAMPLE NEW APPOINTMENTS MADE OR CONTRACTS TERMINATED EMPLOYERS MUST INFORM THE 5)& OF THESE CHANGES 3O THERE ARE TWO VERY IMPORTANT THINGS AN EMPLOYER MUST DO WHEN EMPLOYING AN EMPLOYEE s 3END DETAILS OF THE EMPLOYEE TO THE 5)& s $EDUCT 5)& CONTRIBUTIONS FROM THE EMPLOYEES WAGE AND SEND THESE PLUS THE EMPLOYERS OWN CONTRIBUTIONS TO 3!23 OR THE 5)& IF NOT REGISTERED WITH 3!23 FOR 0!9% 3EE PAGE 0ROBLEM %MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5)&
(/7 -5#( $/ %-0,/9%%3 #/.42)"54% 4/ 4(% &5.$ %VERY WEEK OR MONTH IF THE EMPLOYEE IS MONTHLY PAID THE EMPLOYER DEDUCTS OF EACH EMPLOYEES WAGES FOR 5)& 4HIS WORKS OUT TO C FOR EVERY 2 THE EMPLOYEE EARNS 4HE EMPLOYER ALSO PAYS OF THE EMPLOYEES WAGE 3O FOR EVERY CENT THE EMPLOYEE PAYS TO 5)& THE EMPLOYER PAYS THE SAME 4HE COMPANY THEN SENDS ALL THESE CONTRIBUTIONS TO THE 3OUTH !FRICAN 2EVENUE 3ERVICES 3!23 IF THE COMPANY IS REGISTERED WITH 3!23 FOR TAX PURPOSES 0!9% OR FOR 3KILLS $EVELOPMENT ,EVIES 3$, 4HE 5NEMPLOYMENT )NSURANCE #ONTRIBUTORS !CT SAYS ALL EMPLOYERS HAVE TO SUBMIT THEIR 5)& PAYMENTS TOGETHER WITH THEIR PAYMENTS OF 0!9% AND 3$, BEFORE THE TH OF EACH MONTH 4HIS IS ALL WRITTEN ON ONE FORM CALLED THE %-0 RETURN FORM THE FORM USED TO SUBMIT RETURNS TO 3!23 3EE PAGE 3MALL "USINESS ,AW 5)& 7HERE EMPLOYERS ARE NOT REQUIRED TO REGISTER WITH 3!23 FOR 0!9% OR 3$, PURPOSES THEY MUST PAY THE 5)& CONTRIBUTIONS TO THE 5NEMPLOYMENT )NSURANCE &UND USING THE 5& RETURN FORM
(/7 -5#( $/ 0%/0,% '%4 0!)$ 7(%. !00,9).' &/2 "%.%&)43 )N THE CASE OF UNEMPLOYMENT ILLNESS ADOPTION AND DEPENDENTS BENEFITS BENEFITS WILL BE PAID FOR A MAXIMUM OF DAYS WEEKS OR FOR THE NUMBER OF DAYS CREDITS THAT THE PERSON HAS BUILT UP DURING THE YEARS LEADING UP TO THE APPLICATION FOR BENEFITS #REDITS ARE GIVEN TO EMPLOYEES AS THEY WORK AND CONTRIBUTE TO THE &UND %MPLOYEES CAN EARN CREDITS IN THE FOLLOWING WAY FOR EVERY DAYS THAT AN EMPLOYEE WORKS AND CONTRIBUTES TO THE &UND THEY RECEIVE DAYS CREDIT 3O TO QUALIFY FOR THE FULL DAYS CREDITS THE EMPLOYEE MUST WORK AND HAVE BEEN CONTRIBUTING TO THE &UND FOR AT LEAST YEARS )N THE CASE OF MATERNITY BENEFITS A TOTAL OF DAYS WILL BE PAID IF THERE ARE ENOUGH CREDITS AVAILABLE 4HE EMPLOYEE IS REGARDED AS HAVING CONTRIBUTED TO THE &UND FROM THE FIRST DAY OF EMPLOYMENT TO THE DAY THAT THE SERVICES ARE TERMINATED ! NOTICE PERIOD WORKED BEFORE TERMINATION OF SERVICE IS ALSO REGARDED AS A PERIOD EMPLOYED 4HE RATE AT WHICH BENEFITS ARE PAID SHIFTS FROM FOR HIGHLY PAID EMPLOYEES TO FOR LOWEST PAID EMPLOYEES
7(%. )3 ! #/.42)"54/2 ./4 %.4)4,%$ 4/ 2%#%)6% "%.%&)43 !N EMPLOYEE WHO HAS BEEN A CONTRIBUTOR TO THE &UND IS NOT ENTITLED TO RECEIVE BENEFITS IF THE CONTRIBUTOR s IS RECEIVING A MONTHLY STATE PENSION s IS RECEIVING PAYMENT FROM THE #OMPENSATION &UND FOR ILLNESSES OR INJURIES THAT CAUSED THE TEMPORARY OR TOTAL UNEMPLOYMENT OF THE CONTRIBUTOR
s IS RECEIVING BENEFITS FROM ANY OTHER SCHEME ESTABLISHED BY THE ,ABOUR 2ELATIONS !CT s FAILS TO COMPLY WITH THE PROVISIONS OF THE LAW s HAS BEEN CAUGHT WORKING AND COLLECTING BENEFITS OR HAS COMMITTED FRAUD
490%3 /& 5)& "%.%&)43 5)& PAYS FIVE KINDS OF BENEFITS s 5NEMPLOYMENT BENEFITS s )LLNESS BENEFITS s -ATERNITY BENEFITS s !DOPTION BENEFITS s $EPENDANTS BENEFITS
5.%-0,/9-%.4 "%.%&)43 4HESE BENEFITS ARE FOR EMPLOYEES WHO LOSE THEIR JOBS BECAUSE THEY HAVE BEEN DISMISSED OR RETRENCHED OR WHEN THE EMPLOYEESg CONTRACT EXPIRES )F AN EMPLOYEE RESIGNS FROM THE JOB THEN THEY WILL NOT QUALIFY FOR BENEFITS UNLESS THE EMPLOYEE CAN PROVE IT WAS A CONSTRUCTIVE DISMISSAL 4O GET UNEMPLOYMENT BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HIS OR HER SALARY FOR 5)& EVERY MONTH s THE CLAIM MUST BE MADE WITHIN MONTHS OF BECOMING UNEMPLOYED s THE CLAIM MUST BE MADE ON THE PROPER FORM s THE EMPLOYEE HAS BEEN UNEMPLOYED FOR MORE THAN DAYS s THE SERVICES OF THE EMPLOYEE WERE TERMINATED DISMISSAL OR RETRENCHMENT BY THE EMPLOYER AND THE EMPLOYEE DID NOT RESIGN UNLESS THEY CAN PROVE IT WAS CONSTRUCTIVE DISMISSAL s THE EMPLOYEE IS REGISTERED AS A WORK SEEKER IN TERMS OF THE 3KILLS $EVELOPMENT !CT THE EMPLOYEE MUST BE CAPABLE OF AND AVAILABLE FOR WORK "ENEFITS WILL BE PAID FOR A MAXIMUM OF DAYS WEEKS OR FOR THE NUMBER OF DAYS CREDITS THAT THE PERSON HAS BUILT UP DURING THE YEARS LEADING UP TO THE APPLICATION FOR BENEFITS 4HE EMPLOYEE MUST REPORT AT TIMES AND AT PLACES THAT THE CLAIMS OFFICER DETERMINES IN ORDER TO SIGN THE UNEMPLOYMENT REGISTER AND HESHE MUST UNDERGO TRAINING AND VOCATIONAL COUNSELLING IF THE CLAIMS OFFICER TELLS HIM OR HER TO DO THIS )F THE CONTRIBUTOR REFUSES TO DO THIS WITHOUT A GOOD REASON HESHE WILL NOT BE ENTITLED TO BENEFITS %MPLOYEES WHO LEAVE TO GO AND STUDY OR TO GO ON PENSION CANNOT CLAIM 5)& BECAUSE THEY ARE NOT AVAILABLE FOR WORK %MPLOYEES WHO GO ON A COMPANY "ARGAINING #OUNCIL OR CIVIL PENSION CAN CLAIM 5)& AS LONG AS THEY SAY THEY ARE STILL AVAILABLE ABLE AND WILLING TO WORK
),,.%33 "%.%&)43 %MPLOYEES CAN CLAIM ILLNESS BENEFITS IF THEY ARE OFF WORK BECAUSE OF ILLNESS FOR MORE THAN TWO WEEKS "ENEFITS ARE PAID FROM THE DATE ON WHICH THE EMPLOYEE STOPPED WORKING BECAUSE OF ILLNESS 4O GET ILLNESS BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HIS OR HER SALARY FOR 5)& EVERY MONTH s THE EMPLOYEE MUST HAVE BEEN SICK FOR MORE THAN DAYS s THE CLAIM MUST BE MADE WITHIN MONTHS OF THE ILLNESS s THE CLAIM MUST BE MADE ON THE PROPER FORM WHICH INCLUDES COMPLETING A MEDICAL CERTIFICATE BY THE DOCTOR OR RECOGNISED HOMEOPATH ! MEDICAL CERTIFICATE MUST BE COMPLETED FOR EACH PERIOD OF ILLNESS THAT IS PAID
)F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE PERIOD OF ILLNESS THEN THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO "ENEFITS CAN BE PAID UP TO MAXIMUM OF DAYS IN ANY PERIOD OF YEARS DEPENDING ON THE NUMBER OF CREDITS AN EMPLOYEE HAS EARNED
-!4%2.)49 "%.%&)43 -ATERNITY BENEFITS CAN BE PAID TO A CONTRIBUTOR WHO IS PREGNANT 3ECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT SAYS A PREGNANT WOMAN CAN TAKE MATERNITY LEAVE AT ANY TIME FROM WEEKS BEFORE THE EXPECTED DATE OF BIRTH AND SHE MAY NOT WORK FOR SIX WEEKS AFTER THE BIRTH "ENEFITS CAN BE PAID TO A MAXIMUM OF DAYS OR WEEKS IN ANY PERIOD OF YEARS )F AN EMPLOYEE HAS APPLIED FOR MATERNITY BENEFITS THIS DOES NOT AFFECT HER RIGHT TO CLAIM UNEMPLOYMENT BENEFITS 4O GET MATERNITY BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HER SALARY FOR 5)& EVERY MONTH s THE CLAIM MUST BE MADE WITHIN WEEKS OF CONFINEMENT OR WITHIN MONTHS OF THE BIRTH OF THE CHILD s THE CLAIM MUST BE MADE ON THE PROPER FORM )F THERE IS A MISCARRIAGE OR A STILLBORN CHILD THEN BENEFITS ARE PAID FOR A MAXIMUM OF WEEKS AFTER THE MISCARRIAGESTILLBIRTH )F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE MATERNITY PERIOD THEN THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
!$/04)/. "%.%&)43 ! PERSON WHO LEGALLY ADOPTS A CHILD LESS THAN YEARS OLD AND WHO LEAVES WORK TO LOOK AFTER THAT CHILD CAN NOW CLAIM ADOPTION BENEFITS FROM THE &UND FROM THE DATE OF ADOPTION /NLY ONE OF THE ADOPTING PARENTS CAN APPLY FOR BENEFITS "ENEFITS ARE PAID FROM THE DATE ON WHICH THE #OURT GRANTS AN ORDER FOR ADOPTION 4O GET ADOPTION BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HIS HER SALARY FOR 5)& EVERY MONTH s THE CHILD MUST BE ADOPTED IN TERMS OF THE #HILD #ARE !CT OF s THE PERIOD NOT WORKING MUST BE SPENT CARING FOR THE CHILD s THE ADOPTED CHILD MUST BE BELOW YEARS OLD s THE CLAIM FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE ORDER OF ADOPTION BEING ISSUED s THE CLAIM MUST BE MADE ON THE PROPER FORM )F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE ADOPTION PERIOD THEN THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
$%0%.$!.4g3 "%.%&)43 )F AN EMPLOYEE DIES WHILE WORKING THE DEPENDANTS CAN CLAIM DEPENDANTS BENEFITS FROM THE &UND ! DEPENDANT CAN BE s THE EMPLOYEES WIFEHUSBAND s ANY DEPENDANT CHILD UNDER YEARS IF THERE IS NO SURVIVING SPOUSE HUSBAND OR WIFE
4O GET DEPENDANTS BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE MUST HAVE BEEN CONTRIBUTING TO THE &UND AND MONEY MUST HAVE BEEN DEDUCTED FROM HISHER SALARY FOR 5)& EVERY MONTH s THE CLAIM FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE DEATH OF THE EMPLOYEE s THE CLAIM MUST BE MADE ON THE PROPER FORM )F THE SURVIVING SPOUSE HUSBAND OR WIFE DOES NOT MAKE A CLAIM WITHIN MONTHS THEN A DEPENDANT CHILD CAN APPLY FOR THE BENEFITS PROVIDED THAT THE CLAIM IS MADE WITHIN DAYS AFTER THE MONTHS HAS EXPIRED DURING WHICH THE SPOUSE SHOULD HAVE APPLIED "ENEFITS CAN BE PAID UP TO MAXIMUM OF DAYS IN ANY PERIOD OF YEARS DEPENDING ON THE NUMBER OF CREDITS AN EMPLOYEE HAS EARNED 4HE BENEFITS THAT ARE PAID ARE EQUAL TO THE UNEMPLOYMENT BENEFITS THAT WOULD HAVE BEEN PAID IF THE PERSON WAS STILL ALIVE
(/7 $/ %-0,/9%%3 #,!)- 5)& "%.%&)43 #,!)-).' 5.%-0,/9-%.4 "%.%&)43 2EGISTER FOR 5)& DAYS AFTER BECOMING UNEMPLOYED AT A LABOUR CENTRE CLOSEST TO WHERE THE EMPLOYEE LIVES 3IGN THE UNEMPLOYMENT REGISTER THIS IS CALLED gSIGNING ONg 5SUALLY YOU MUST SIGN THIS REGISTER AT THE LABOUR CENTRE EVERY WEEKS OR WHENEVER TOLD TO DO SO BY THE 5)& CLERK )F YOU MISS SIGNING THE BENEFITS COULD BE DELAYED FOR A LONG TIME AS YOU WILL HAVE TO RE REGISTER )F YOU ARE ILL ON ONE OF THE SIGNING DATES YOU MUST BRING A DOCTORS LETTER THE NEXT TIME 3EE PAGE 0ROBLEM &AILING TO SIGN THE UNEMPLOYMENT REGISTER 9OU MUST SAY THAT YOU ARE AVAILABLE TO WORK OR ELSE BENEFITS WILL NOT BE PAID OUT )F YOU ARE OFFERED WORK THEN YOU MUST BE AVAILABLE TO WORK 3OMETIMES EMPLOYEES ARE TOLD TO GO TO DIFFERENT COMPANIES AND TO ASK FOR WORK 4HEY GET A FORM THAT THE COMPANIES MUST FILL IN AND SIGN SHOWING THAT THEY HAVE NO JOBS AVAILABLE 9OU SHOULD START GETTING MONEY WITHIN WEEKS AFTER APPLYING FOR BENEFITS !FTER THAT YOU SHOULD GET MONEY EVERY WEEKS OR SO UNTIL ALL THE BENEFITS ARE USED UP /NLY THE EMPLOYEE WHO HAS APPLIED FOR BENEFITS CAN COLLECT THE MONEY FROM THE LABOUR CENTRE 7HEN YOU GO TO COLLECT YOUR BENEFITS YOU MUST TAKE YOUR )$ BOOK WITH YOU 3EE PAGE 0ROBLEM !PPLICATION FOR 5)& BENEFITS IS TOO LATE
#,!)-).' ),,.%33 "%.%&)43 !N EMPLOYEE WILL NOT GET ILLNESS BENEFITS s IF THE CLAIMS OFFICER DECIDES THAT THE EMPLOYEEgS ILLNESS ARISES FROM HISHER OWN MISCONDUCT s FOR AS LONG AS THE EMPLOYEE UNREASONABLY REFUSES OR NEGLECTS TO UNDERGO TREATMENT OR TO CARRY OUT THE DOCTORgS INSTRUCTIONS 4HE CLAIMS OFFICER DECIDES WHETHER THE EMPLOYEEgS REFUSAL OR NEGLECT IS UNREASONABLE 4O APPLY FOR ILLNESS BENEFITS YOU MUST REGISTER AT THE LABOUR CENTRE CLOSEST TO WHERE YOU LIVE )F YOU ARE TOO ILL TO GO TO THE 5)& OFFICE A FRIEND OR FAMILY MEMBER CAN BRING YOU THE FORM TO SIGN 3EE PAGE )LLNESS BENEFITS )LLNESS BENEFITS ARE CLAIMED ON &/2- 5& 4HE DOCTOR WHO IS TREATING YOU MUST COMPLETE PARAGRAPH OF THIS FORM 4HIS IS A MEDICAL CERTIFICATE 4HE REST OF THE FORM IS COMPLETED BY PEOPLE WORKING AT THE LABOUR CENTRE )F YOU ARE ALSO UNEMPLOYED IN OTHER WORDS YOU HAVE ALSO LOST YOUR JOB YOU MUST TELL THE CLAIMS OFFICER THAT YOU ARE UNEMPLOYED "UT IF YOU STILL HAVE A JOB AND ARE ON UNPAID SICK LEAVE THEN YOU ONLY NEED &/2- 5&
/NCE THE APPLICATION FOR ILLNESS BENEFITS IS APPROVED THE LABOUR CENTRE WILL POST &/2- 5& TO YOU 4HIS FORM MUST BE SIGNED BY THE DOCTOR AS SOON AS POSSIBLE 9OU THEN FILL IN THE REST OF THE FORM AND RETURN IT TO THEM .O ILLNESS BENEFITS WILL BE PAID UNTIL YOU HAVE RETURNED THE COMPLETED &/2- 5& 9OU WILL ONLY BE PAID FOR THE PERIOD THE DOCTOR PUTS YOU OFF WORK )F YOU ARE DISMISSED WHEN YOU ARE ILL AND THE DOCTOR HAS LAID YOU OFF FOR LESS THAN MONTHS THE BALANCE CAN BE CLAIMED AS UNEMPLOYMENT BENEFITS )LLNESS BENEFITS ARE NOT PAID FOR THE FIRST WEEKS OFF WORK "UT IF THE ILLNESS LASTS LONGER THAN WEEKS AND ILLNESS BENEFITS ARE PAID THEN YOU WILL RECEIVE BENEFITS FOR ANY PERIOD IN THE FIRST WEEKS FOR WHICH YOU DID NOT GET NORMAL WAGES )LLNESS BENEFITS ARE USUALLY PAID IN ONE LUMP SUM 4HE AMOUNT CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION )F YOU ARE TOO SICK TO COLLECT THE PAYMENT SOMEONE ELSE CAN COLLECT IT ON YOUR BEHALF
#,!)-).' -!4%2.)49 "%.%&)43 %MPLOYEES APPLY FOR MATERNITY BENEFITS IN THE SAME WAY AS FOR ILLNESS BENEFITS )F YOU ARE PREGNANT AND WANT TO APPLY FOR MATERNITY BENEFITS YOU MUST GO TO THE NEAREST LABOUR CENTRE YOURSELF AND MAKE THE APPLICATION )F YOU ARE TOO ILL YOU CAN ORGANISE FOR SOMEONE ELSE TO GO IN YOUR PLACE 7HEN YOU REGISTER FOR MATERNITY BENEFITS YOU WILL GET &/2- 5& 4HIS FORM MUST BE FILLED IN BY A DOCTOR 9OU MUST TAKE THE FORM BACK TO THE ,ABOUR OFFICE 3TAFF AT THE LABOUR CENTRE MAY ASK YOU TO GO TO THE DOCTOR AGAIN OR TO VISIT THE LABOUR CENTRE AT CERTAIN TIMES 9OU MUST DO WHAT THEY ASK OR YOU MAY NOT BE ABLE TO CLAIM -ATERNITY BENEFITS CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION )F YOU ARE UNABLE TO COLLECT THE PAYMENT SOMEONE ELSE CAN COLLECT IT ON YOUR BEHALF 9OU CAN APPLY FOR FURTHER BENEFITS AFTER YOUR BABY IS BORN ON &/2- 5& 4HIS FORM MUST BE SIGNED BY THE DOCTOR WHO DELIVERED THE BABY !N EMPLOYEE CAN GET THESE BENEFITS EVEN IF THE BABY WAS STILLBORN )F YOU ARE ALSO UNEMPLOYED THEN YOU MUST TELL THE CLAIMS OFFICER "UT IF YOU ARE ON UNPAID MATERNITY LEAVE YOU WILL ONLY NEED TO FILL IN FORMS 5& AND 5& "ENEFITS ARE PAID FOR A MAXIMUM OF DAYS OR WEEKS DEPENDING ON THE NUMBER OF CREDITS THE EMPLOYEE HAS 3EE PAGE -ATERNITY BENEFITS
#,!)-).' !$/04)/. "%.%&)43 !DOPTION BENEFITS WILL NOT BE PAID IF AN APPLICATION IS NOT MADE WITHIN MONTHS OF THE ORDER OF ADOPTION BEING ISSUED !N EMPLOYEE SHOULD TAKE THE FOLLOWING DOCUMENTS TO THE ,ABOUR OFFICE TO APPLY FOR ADOPTION BENEFITS s THE EMPLOYEEgS CHILDgS BIRTH CERTIFICATE s THE ORDER OF ADOPTION OF THE CHILD !DOPTION BENEFITS CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION 0AYMENTS ARE PAID OUT UNTIL ALL THE BENEFITS ARE USED UP 3EE PAGE !DOPTION BENEFITS
#,!)-).' $%0%.$!.43 "%.%&)43 $EPENDANTS BENEFITS CAN BE CLAIMED BY THE HUSBAND OR WIFE OF THE DECEASED EMPLOYEE AND ANY MINOR CHILDREN OF THE EMPLOYEE 4HE APPLICATION FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE DEATH OF THE CONTRIBUTOR
! WIDOW OR INVALID HUSBAND MUST COMPLETE &/2- 5& WHEN APPLYING FOR DEPENDENTS BENEFITS (E OR SHE MUST TAKE THE FOLLOWING DOCUMENTS TO THE $EPARTMENT OF ,ABOUR OFFICE WHEN APPLYING FOR BENEFITS s IDENTITY DOCUMENT s A CERTIFIED COPY OF THE DEATH CERTIFICATE s A CERTIFIED COPY OF THE MARRIAGE CERTIFICATE )F THESE DOCUMENTS ARE LOST THEN THE WIFE OR HUSBAND SHOULD MAKE A STATEMENT AT THE ,ABOUR OFFICE ! CHILD OR WIFEHUSBAND OF THE DECEASED EMPLOYEE MUST COMPLETE &/2- 5& WHEN APPLYING FOR BENEFITS !NY DEPENDANT WHO WANTS TO CLAIM DEPENDANTgS BENEFITS MUST TAKE THE FOLLOWING DOCUMENTS TO THE ,ABOUR OFFICE s IF THE DEPENDANT IS A CHILD CERTIFIED COPIES OF THE BIRTH CERTIFICATE /2 IF THE DEPENDANT IS A HUSBAND OR WIFE THE MARRIAGE CERTIFICATE s A CERTIFIED COPY OF THE DEATH CERTIFICATE OF THE CONTRIBUTOR 4HE ,ABOUR /FFICE WILL GIVE THE DEPENDANT &/2- 5& 4HIS FORM MUST BE FILLED IN BY THE LAST EMPLOYER OF THE DECEASED EMPLOYEE 4HE CHILD OR DEPENDANT MUST THEN TAKE THE FORM BACK TO THE ,ABOUR OFFICE 2EMEMBER THAT ONLY ONE PERSON CAN CLAIM DEPENDANTgS BENEFITS 4HE WIFE OR HUSBAND OF THE EMPLOYEE WHO DIED IS GIVEN PREFERENCE 4HE MONEY FOR DEPENDANTgS BENEFITS IS PAID IN ONE LUMP SUM 4HE AMOUNT THAT IS PAID WILL BE THE SAME AS THE TOTAL UNEMPLOYMENT BENEFITS THAT THE DECEASED EMPLOYEE COULD HAVE DRAWN AT THE TIME OF THE DEATH 3EE PAGE (OW MUCH DO EMPLOYEES GET PAID WHEN APPLYING FOR BENEFITS )F AN EMPLOYEE DIES AFTER CLAIMING ALL THE 5)& THAT IS OWED TO THEM THERE WILL BE NO MONEY LEFT FOR DEPENDANTgS BENEFITS
(/7 4/ '%4 #/0)%3 /& ")24( -!22)!'% !.$ $%!4( #%24)&)#!4%3 7RITE TO $EPARTMENT OF (OME !FFAIRS 2EGISTRAR OF "IRTHS -ARRIAGES AND $EATHS 0RIVATE "AG 8 0RETORIA 3TATE IN THE LETTER s WHAT TYPE OF CERTIFICATE YOU WANT s FULL NAME AND IDENTITY NUMBER OF PERSON s DATE AND PLACE OF BIRTHMARRIAGEDEATH s FOR BIRTH CERTIFICATE FULL NAMES OF PARENTS AND THEIR IDENTITY NUMBERS s FOR MARRIAGE CERTIFICATES FULL NAMES OF BOTH HUSBAND AND WIFE AND IDENTITY NUMBERS
7(!4 )& 4(% 5)& "%.%&)43 !2% 53%$ 50 !.$ 4(% %-0,/9%% )3 34),, 5.%-0,/9%$ )F YOU ARE STILL UNEMPLOYED BY THE TIME YOUR 5)& BENEFITS HAVE BEEN USED UP THEN YOU CAN APPLY FOR AN EXTENSION OF UNEMPLOYMENT BENEFITS &OR AN EXTENSION OF ORDINARY BENEFITS YOU MUST APPLY ON FORM 5& 9OU MUST WRITE DOWN ON THIS FORM DETAILS OF WHERE YOU HAVE TRIED TO FIND WORK 4HE FORM MUST BE HANDED IN AT A LABOUR CENTRE )F YOU HAVE RECEIVED ILLNESS BENEFITS YOU CAN APPLY FOR EXTENSION OF ILLNESS BENEFITS ON FORM 5& 4HIS INCLUDES A MEDICAL CERTIFICATE TO BE COMPLETED BY THE DOCTOR 4HE 5)& TREATS ALL APPLICATIONS FOR EXTENSION OF BENEFITS ON MERIT 4HIS MEANS THEY DECIDE WHETHER THEY THINK YOU HAVE GOOD REASONS TO GET MORE BENEFITS 4HERE IS NO AUTOMATIC RIGHT TO AN EXTENSION %XTENSION BENEFITS ARE NOT EASY TO GET
"UT IT HELPS TO PROVE THAT s YOU ARE STILL ACTIVELY SEEKING WORK SHOW LETTERS OF REFUSAL BY EMPLOYERS s YOU DEPEND FOR THE NECESSITIES OF LIFE ON THE 5)& BENEFITS A LIST OF EXPENSES SUCH AS RENT RECEIPTS FOOD BILLS WATER AND ELECTRICITY BILLS AND SCHOOLING FEES SHOULD BE DRAWN UP s YOU HAVE BEEN WORKING FOR MORE THAN YEARS AND HAVE GAINED THE MAXIMUM NUMBER OF CREDITS FOR WHICH NORMAL BENEFITS ARE PAID OUT 4HREE YEARS IS THE MAXIMUM TIME FOR WHICH NORMAL BENEFITS ARE PAID OUT
7(!4 )& 4(% !00,)#!4)/. &/2 ./2-!, "%.%&)43 )3 2%&53%$ )F AN APPLICATION IS REFUSED THE APPLICANT WILL BE SENT A REGISTERED LETTER INFORMING THEM OF THE DECISION OF THE 5)& 4HE LETTER SETS OUT THE REASONS FOR THE REFUSAL 9OU CAN APPEAL AGAINST THE REFUSAL
5)& !00%!,3 )F YOUR APPLICATION FOR 5)& BENEFITS HAS BEEN TURNED DOWN YOU OR YOUR REPRESENTATIVE MUST WRITE TO THE 5NEMPLOYMENT "ENEFIT #OMMITTEE WITHIN MONTHS OR DAYS OF BEING TOLD THAT BENEFITS WILL NOT BE PAID OUT 7HAT MUST BE INCLUDED IN THE APPEAL s NAME AND ADDRESS OF THE PERSON APPEALING s IDENTITY NUMBER s DATE OF APPLYING FOR BENEFITS s THE OFFICE WHERE THE APPLICATION WAS MADE s THE DATE ON WHICH THE CLAIMS OFFICER GAVE THE DECISION s THE DETAILS OF THE CLAIMS OFFICERgS DECISION AND WHY THE EMPLOYEE WANTS TO COMPLAIN s THE REASONS FOR THE APPEAL !LL THIS INFORMATION MUST BE SET OUT IN A STATEMENT WHICH THE EMPLOYEE MUST SIGN !DDRESS THE LETTER TO THE 5NEMPLOYMENT "ENEFIT #OMMITTEE AT THE NEAREST OFFICE OF THE 2EGIONAL $IRECTOR $EPARTMENT OF ,ABOUR
&524(%2 !00%!,3 )F THE 5NEMPLOYMENT "ENEFIT #OMMITTEE AGAIN REFUSES THE EMPLOYEEgS APPLICATION THEN THE EMPLOYEE CAN APPEAL AGAIN TO 4HE 3ECRETARY 5NEMPLOYMENT )NSURANCE "OARD 0/ "OX 0RETORIA
4%2-).!4)/. /& "%.%&)43 "ENEFITS STOP IF s THE FULL AMOUNT HAS BEEN PAID OUT s YOU STOP SIGNING THE REGISTER s YOU FIND WORK YOU MUST INFORM STAFF AT THE LABOUR CENTRE IMMEDIATELY IF YOU FIND WORK IF YOU CARRY ON ACCEPTING BENEFIT PAYMENTS YOU WILL HAVE TO PAY BACK THE AMOUNT RECEIVED 4HIS IS CALLED FRAUD
#OMPENSATION &UND 4HE #OMPENSATION &UND PROVIDES COMPENSATION FOR EMPLOYEES WHO GET HURT AT WORK OR SICK FROM DISEASES CONTRACTED AT WORK OR FOR DEATH AS A RESULT OF THESE INJURIES OR DISEASES 4HE #OMPENSATION &UND IS COVERED BY THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT .O OF #/)$! AND THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !MENDMENT !CT .O OF 4HE #OMPENSATION #OMMISSIONER IS APPOINTED TO ADMINISTER THE &UND AND APPROVES CLAIMS OF EMPLOYEES 7HERE AN EMPLOYEE IS ENTITLED TO RECEIVE COMPENSATION FROM THE #OMPENSATION &UND THE &UND AND NOT THE EMPLOYER WILL PAY THE EMPLOYEE 'O TO THE $EPARTMENT OF ,ABOUR WEBSITE FOR MORE INFORMATION ON THE #OMPENSATION &UND WWWLABOURGOVZA
7(%. #!. !. %-0,/9%% #,!)- #/-0%.3!4)/. s %MPLOYEES CAN CLAIM IF THEY ARE INJURED IN AN ACCIDENT gIN THE COURSE AND SCOPE OF DUTYg IN OTHER WORDS WHILE THEY ARE DOING THEIR WORK s %MPLOYEES CAN CLAIM IF THEY GET A DISEASE CAUSED BY THE WORK AN OCCUPATIONAL DISEASE s )F AN EMPLOYEE DIES FROM THE ACCIDENT OR DISEASE THEIR DEPENDANTS CAN CLAIM %MPLOYEES WHO ARE DRIVERS OR WHO HAVE TO BE TRANSPORTED AS PART OF THEIR WORK MAY BE INVOLVED IN MOTOR VEHICLE ACCIDENTS WHILE WORKING -OTOR VEHICLE ACCIDENTS AT WORK ARE COVERED BY THE 2OAD !CCIDENT &UND !CT 4HE ACCIDENT MUST BE REPORTED TO THE #OMPENSATION #OMMISSIONER AND WILL FOLLOW THE NORMAL #OMPENSATION PROCEDURE BUT THE MONEY WILL BE PAID BY THE 2OAD !CCIDENT &UND 3EE PAGE -OTOR VEHICLE ACCIDENTS WHILE WORKING
7(/ #!. #,!)- #/-0%.3!4)/. &2/- 4(% &5.$ !NY PERSON WHO IS EMPLOYED OR BEING TRAINED BY AN EMPLOYER AND IS INJURED OR GETS SICK ON OR BECAUSE OF THE JOB CAN CLAIM COMPENSATION 4HE FOLLOWING EMPLOYEES CANNOT CLAIM COMPENSATION FROM THE &UND s DOMESTIC WORKERS IN PRIVATE HOUSEHOLDS s MEMBERS OF THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE AND 3OUTH !FRICAN 0OLICE 3ERVICES THEY HAVE THEIR OWN FUND s OUTWORKERS TO WHOM EMPLOYERS GIVE ARTICLES TO BE MADE UP OR TO WASH OR CLEAN 4HEN THEY ARE NOT WORKING UNDER THE CONTROL OF THE EMPLOYER s EMPLOYEES WHO WORK OUTSIDE 3OUTH !FRICA FOR LONGER THAN MONTHS AT A TIME UNLESS THERE IS A SPECIAL AGREEMENT WITH THE #OMMISSIONER 4HE !CT SAYS AN EMPLOYER HAS TO PAY COMPENSATION TO THE INJURED EMPLOYEE FOR THE FIRST MONTHS FROM THE DATE OF THE OCCUPATIONAL INJURY 4HEREAFTER THE #OMPENSATION &UND WILL PAY 4HE #OMPENSATION &UND WILL REPAY THE EMPLOYER FOR THE MONEY THAT WAS PAID
7(/ #/.42)"54%3 4/ 4(% &5.$ %MPLOYERS PAY INTO THE #OMPENSATION &UND ONCE A MONTH %MPLOYEES DO NOT PAY ANYTHING TO THE &UND SO EMPLOYERS CANNOT DEDUCT MONEY FROM EMPLOYEESg WAGES FOR THIS 4HE FOLLOWING EMPLOYERS DO NOT HAVE TO PAY INTO THE &UND s NATIONAL AND PROVINCIAL STATE DEPARTMENTS s CERTAIN LOCAL AUTHORITIES s EMPLOYERS WHO ARE INSURED BY A COMPANY OTHER THAN THE #OMPENSATION &UND &OR EXAMPLE THOSE COMPANIES WHICH ARE PART OF THE #HAMBER OF -INES ARE INSURED BY 2AND -UTUAL !SSOCIATION AND MANY EMPLOYERS IN THE CONSTRUCTION INDUSTRY ARE INSURED BY &EDERATED %MPLOYERS -UTUAL !SSURANCE
4HESE EMPLOYERS ARE STILL COVERED BY THE !CT AND CLAIMS ARE MADE TO AND DECIDED BY THE #OMMISSIONER 4HE ONLY DIFFERENCE IS THAT THE PAYOUTS ARE MADE BY THE INSURANCE FUND OF THE EMPLOYER NOT BY THE #OMPENSATION &UND
7(%. 7),, 4(% &5.$ ./4 0!9 #/-0%.3!4)/. s .O PAYMENT IS MADE FOR CLAIMS WHICH ARE MADE MORE THAN MONTHS AFTER THE ACCIDENT OR DEATH OR MORE THAN MONTHS AFTER THE DISEASE IS DIAGNOSED s )F AN EMPLOYEE IS OFF WORK FOR DAYS OR LESS THIS IS NOT COVERED BY THE #OMPENSATION &UND )T MAY BE COVERED BY THE EMPLOYEEgS MEDICAL AID OR SICK FUND s .O PAYMENT IS MADE IF THE EMPLOYEEgS OWN MISCONDUCT CAUSED THE ACCIDENT UNLESS THE EMPLOYEE WAS SERIOUSLY DISABLED OR DIED FROM THE ACCIDENT s 4HERE MAY BE NO PAYMENT IF THE EMPLOYEE UNREASONABLY REFUSES TO HAVE MEDICAL TREATMENT FOR AS LONG AS THE EMPLOYEE REFUSES
/##50!4)/.!, $)3%!3%3 !.$ ).*52)%3 $)3%!3%3 /CCUPATIONAL DISEASES ARE ILLNESSES CAUSED BY SUBSTANCES OR CONDITIONS THAT THE EMPLOYEE WAS EXPOSED TO AT THE WORKPLACE 3CHEDULE OF THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT SETS OUT THE WORKING CONDITIONS AND DISEASES CAUSED BY THESE CONDITIONS THAT ARE COVERED BY THE #OMPENSATION &UND !N EMPLOYEE CAN CLAIM COMPENSATION IF EXPOSED TO THESE WORKING CONDITIONS AND THEN GETTING THE RELATED DISEASE )F A DISEASE IS NOT LISTED THEN EMPLOYEES CAN CLAIM COMPENSATION ONLY IF THEY CAN PROVE THAT THE DISEASE WAS CAUSED BY CONDITIONS AT WORK AND NOT BY SOME OTHER FACTOR -EDICAL EVIDENCE AND REPORTS WILL HAVE TO BE SUBMITTED TO THE #OMMISSIONER )T MAY ALSO TAKE SOME TIME FOR A DISEASE TO BECOME OBVIOUS AND IN SUCH CASES EMPLOYEES CAN CLAIM COMPENSATION IF THEY ARE NO LONGER AT A WORKPLACE SO LONG AS IT FALLS WITHIN THE TIME LIMITS FOR LODGING CLAIMS 3EE PAGE 0ROBLEM %MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE 4HE #OMMISSIONER WILL APPROVE OR REJECT THE CLAIM /NLY IF THE #OMMISSIONER APPROVES THE CLAIM WILL YOU GET COMPENSATION FOR TEMPORARY OR PERMANENT DISABILITY AND YOUR MEDICAL EXPENSES WILL BE PAID )F THE DISEASE GETS WORSE AFTER A PERIOD OF TIME YOU CAN APPLY TO HAVE YOUR COMPENSATION INCREASED
).*52)%3 )NJURIES COVERED BY THE #OMPENSATION !CT ARE ONLY THOSE THAT OCCUR AS A RESULT OF OR AT WORK #OMPENSATION IS PAID FOR TEMPORARY AND PERMANENT DISABILITIES THAT LEAD TO A LOSS OF EARNINGS
-/4/2 6%()#,% !##)$%.43 7(),% 7/2+).' )F A MOTOR VEHICLE ACCIDENT HAPPENS WHILE AN EMPLOYEE IS DOING THEIR JOB THEN THEY CAN GET COMPENSATION FROM THE #OMPENSATION &UND "UT IF THEY ARE INJURED IN A MOTOR VEHICLE ACCIDENT CAUSED BY SOMEONE ELSEgS NEGLIGENT OR UNLAWFUL DRIVING EVEN IF THIS IS ON THE JOB THEY CAN ALSO MAKE A THIRD PARTY CLAIM FROM THE 2OAD !CCIDENT &UND 4HE MONEY RECEIVED FROM THE #OMPENSATION &UND WILL BE TAKEN OFF THE THIRD PARTY PAYMENT &OR EXAMPLE IF THE 2OAD !CCIDENT &UND AGREES TO PAY DAMAGES OF 2 BUT THE #OMPENSATION &UND HAS ALREADY PAID 2 THEN THE EMPLOYEE WILL ONLY GET 2 DAMAGES FROM THE &UND !N EMPLOYEE CANNOT SUE THEIR EMPLOYER FOR DAMAGES IF THEY WERE INJURED ON THE JOB "UT IF THE EMPLOYER CAUSED INJURY TO AN EMPLOYEE WHILE THEY WERE ./4 ON THE JOB THEN THE EMPLOYEE COULD SUE HIM OR HER
7(!4 490%3 /& #/-0%.3!4)/. 0!9-%.4 !2% -!$% #OMPENSATION IS PAID FOR GETTING INJURED AT WORK OR FOR DISEASES CAUSED BY WORK 4HESE ARE THE MAIN TYPES OF COMPENSATION PAYMENTS s FOR TEMPORARY DISABILITY THE EMPLOYEE EVENTUALLY RECOVERS FROM THE INJURY OR ILLNESS s FOR PERMANENT DISABILITY THE EMPLOYEE NEVER FULLY RECOVERS s FOR DEATH s FOR MEDICAL EXPENSES s ADDITIONAL COMPENSATION #OMPENSATION IS ALWAYS WORKED OUT AS A PERCENTAGE OF THE WAGE THE EMPLOYEE WAS EARNING AT THE TIME THE DISEASE OR INJURY IS DIAGNOSED )F THE EMPLOYEE IS UNEMPLOYED BY THE TIME A DISEASE IS DIAGNOSED THE WAGE THEY WOULD HAVE BEEN EARNING MUST BE CALCULATED 4HE #OMPENSATION &UND DOES NOT PAY FOR PAIN AND SUFFERING ONLY FOR LOSS OF MOVEMENT OR USE OF YOUR BODY
4%-0/2!29 $)3!"),)49 4EMPORARY DISABILITY MEANS THE EMPLOYEE DOES EVENTUALLY GET BETTER )F AN EMPLOYEE IS OFF WORK FOR DAYS OR LESS NO COMPENSATION WILL BE PAID THE EMPLOYEE CAN CLAIM SICK LEAVE FROM THE EMPLOYER )F THE EMPLOYEE IS OFF FOR MORE THAN DAYS THE EMPLOYEE GETS COMPENSATION WHICH ALSO COVERS THE FIRST DAYS 4EMPORARY DISABILITY CAN BE TOTAL OR PARTIAL s 4OTAL MEANS THE EMPLOYEE IS UNABLE TO WORK FOR A WHILE 4HE EMPLOYEE WILL GET OF THE NORMAL MONTHLY WAGE AS COMPENSATION 4HE FORMULA IS MONTHLY WAGE X IF THE EMPLOYEE IS PAID MONTHLY FOR WEEKLY PAID EMPLOYEES MULTIPLY THE WEEKLY WAGE BY TO GET THE MONTHLY WAGE s 0ARTIAL MEANS THE EMPLOYEE CAN GO TO WORK BUT ON LIGHT DUTY FOR FEWER HOURS )F THE EMPLOYEE EARNS LESS DOING THE LIGHTER WORK HE OR SHE WILL GET OF THE DIFFERENCE BETWEEN THE NORMAL AND REDUCED MONTHLY WAGE %8!-0,% 4HEMBISOgS WAGES ARE 2 PER WEEK 7HAT WOULD HIS #OMPENSATION BE FOR A TEMPORARY TOTAL DISABILITY -ULTIPLY WEEKLY WAGE BY 2 X 2 PER MONTH -ONTHLY WAGE X 2 X 2 4HAMBISO WOULD GET 2 PER MONTH FROM THE #OMPENSATION &UND FOR 4OTAL 4EMPORARY $ISABILITY
&OR AN OCCUPATIONAL DISEASE USE THE WAGE AT THE TIME OF THE DIAGNOSIS AND NOT AT THE TIME WHEN THE EMPLOYEE FIRST GOT EXPOSED TO THE DISEASE )F THE EMPLOYEE IS NOW UNEMPLOYED USE THE WAGE THAT HE OR SHE WOULD PROBABLY HAVE EARNED IF STILL EMPLOYED #OMPENSATION FOR TEMPORARY DISABILITY WILL BE PAID FOR UP TO MONTHS )F THE CONDITION OF THE EMPLOYEE HAS NOT IMPROVED AFTER MONTHS THE COMMISSIONER MAY AGREE TO CONTINUE PAYMENTS FOR UP TO MONTHS !FTER MONTHS THE #OMMISSIONER MAY DECIDE THAT THE CONDITION IS PERMANENT AND GRANT COMPENSATION ON THE BASIS OF PERMANENT DISABILITY 4HE #OMMISSIONER ALSO PAYS ALL MEDICAL ACCOUNTS INCLUDING MEDICINE FOR WHICH ACCOUNTS MUST BE SUBMITTED 3EE PAGE 0ROBLEM %MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY
0%2-!.%.4 $)3!"),)49 0ERMANENT DISABILITY MEANS THAT AN EMPLOYEE NEVER FULLY RECOVERS FROM THE INJURY OR SICKNESS ! PERMANENT DISABILITY CAN COMPLETELY PREVENT AN EMPLOYEE FROM WORKING OR IT CAN JUST INCONVENIENCE AN EMPLOYEE -OST SERIOUS IS CALLED DISABILITY AND LEAST SERIOUS IS CALLED DISABILITY ! DOCTOR MUST WRITE A MEDICAL REPORT ABOUT THE DISABILITY 4HE #OMMISSIONER WITH THE HELP OF A PANEL OF DOCTORS WORKS OUT THE DEGREE OF DISABILITY 4HE DEGREES OF DISABILITY ARE SET OUT IN 3CHEDULE OF THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT 3OME EXAMPLES ARE LOSS OF TWO LIMBS TOTAL LOSS OF SIGHT LOSS OF HEARING IN BOTH EARS LOSS OF SIGHT IN ONE EYE LOSS OF ONE WHOLE BIG TOE LOSS OF ONE OTHER TOE #OMPENSATION FOR PERMANENT DISABILITY IS PAID EITHER AS A MONTHLY PENSION OR AS A LUMP SUM s IF THE INJURY IS MEASURED AS MORE THAN THE EMPLOYEE GETS A PENSION s IF THE INJURY IS OR LESS THE EMPLOYEE GETS A LUMP SUM 4HE FORMULA FOR THE MONTHLY PENSION IS ;MONTHLY WAGE X = X PERCENTAGE DISABILITY 4HIS AMOUNT WILL BE PAID ONCE A MONTH FOR THE REST OF THE EMPLOYEEgS LIFE %8!-0,% *OE LOST ONE OF HIS HANDS WHILE PUSHING SOME POLES THROUGH A SAW !T THE TIME OF HIS ACCIDENT HE WAS EARNING 2 PER MONTH 4HE PERCENTAGE DISABILITY FOR LOSS OF A HAND IS MONTHLY WAGE X X PERCENTAGE DISABILITY 2 X X 2 X 2 *OE WILL GET 2 PER MONTH FOR THE REST OF HIS LIFE
4HE FORMULA FOR THE LUMP SUM IS MONTHLY WAGE X X PERCENTAGE DISABILITY 4HIS AMOUNT WILL BE PAID ONCE ONLY AND THERE WILL BE NO FURTHER PAYMENTS %8!-0,% &REDDIE LOST AN EYE WHILE WORKING IN A FACTORY "EFORE THE ACCIDENT HE GOT 2 A MONTH 7HAT COMPENSATION SHOULD HE GET FOR HIS PERMANENT DISABILITY 4HE PERCENTAGE DISABILITY FOR THE LOSS OF ONE EYE IS &REDDIE WILL GET A LUMP SUM BECAUSE HIS INJURY WAS OR LESS 4O WORK OUT THE LUMP SUM -ONTHLY WAGE X X PERCENTAGE DISABILITY 2 X X 2 X 2 &REDDIE WILL RECEIVE 2 AS A LUMP SUM PAYMENT
$%!4( "%.%&)43 #OMPENSATION CAN BE CLAIMED BY THE WIDOW OR DEPENDANTS IF AN EMPLOYEE DIES AS A RESULT OF A WORK RELATED ACCIDENT OR DISEASE #LAIMANTS FOR DEATH BENEFITS MUST SUBMIT COPIES OF THE FOLLOWING DOCUMENTS s MARRIAGE CERTIFICATE OR PROOF THAT THE COUPLE LIVED AS HUSBAND AND WIFE s BIRTH CERTIFICATES OR BAPTISMAL CERTIFICATES OF CHILDREN FOR PROOF OF CHILDREN s THE DEATH CERTIFICATE s DECLARATION BY THE WIDOWER FORM 7#, s THE EMPLOYERgS REPORT OF THE ACCIDENT OR DISEASE s FUNERAL ACCOUNTS FORM 7#, s A SPECIAL #OMPENSATION FORM MUST BE FILLED IN GIVING DETAILS OF INCOME AND PROPERTY
7(/ #!. #,!)- #/-0%.3!4)/. 7(%. !. %-0,/9%% $)%3 ). 4(% #/523% !.$ 3#/0% /& $549 s 4HE WIDOWER n ,UMP SUM PAYMENT X MONTHLY PENSION OF EMPLOYEE THE PENSION IS THE AMOUNT THE EMPLOYEE WOULD HAVE BEEN PAID IF HESHE HAD BEEN DISABLED n MONTHLY PENSION FOR LIFE X MONTHLY PENSION OF EMPLOYEE PAID EVERY MONTH s %ACH CHILD UNDER THE AGE OF YEARS INCLUDING ILLEGITIMATE ADOPTED AND STEP CHILDREN IS ENTITLED TO n X MONTHLY PENSION OF EMPLOYEE PAID EVERY MONTHLY UNTIL THE CHILD IS YEARS OLD n THE PENSION CAN CONTINUE FOR LONGER IF THE CHILD IS MENTALLY OR PHYSICALLY HANDICAPPED s /THER DEPENDANTS IF THERE IS NO WIDOWER OR CHILDREN PARENTS SISTERS BROTHERS HALF SISTERS ETC n FULL DEPENDANTS GET THE SAME AS THE WIDOW n PARTIAL DEPENDANTS GET A LUMP SUM THAT IS WORKED OUT ACCORDING TO THE DEGREE OF DEPENDENCE s 4HE PERSON WHO PAYS FOR THE FUNERAL EXPENSES GETS PAID EXPENSES UP TO A CERTAIN AMOUNT ./4%
4HE TOTAL MONTHLY PENSION PER FAMILY CANNOT BE MORE THAN THE PENSION THE DECEASED EMPLOYEE WOULD HAVE RECEIVED IF HESHE WAS DISABLED IE OF THE MONTHLY WAGE
-%$)#!, %80%.3%3 !LL THE MEDICAL EXPENSES OF AN EMPLOYEE WILL BE PAID FOR A MAXIMUM OF TWO YEARS FROM THE DATE OF THE ACCIDENT
!$$)4)/.!, #/-0%.3!4)/. )F AN EMPLOYEE IS INJURED DIES OR CONTRACTS AN OCCUPATIONAL DISEASE BECAUSE OF THE NEGLIGENCE OF THE EMPLOYER OR A DEFECT IN MACHINERY OR EQUIPMENT THE EMPLOYEE CAN GET EXTRA COMPENSATION FOR TEMPORARY OR PERMANENT DISABILITY !NY EMPLOYEE WHO IS UNDER YEARS OLD AT THE TIME OF AN INJURY OR DISEASE WILL GET EXTRA COMPENSATION !N APPLICATION FOR ADDITIONAL INCREASED COMPENSATION MUST BE MADE ON A FORM 7 WITHIN MONTHS OF THE INJURY 4HE #OMMISSIONER CAN EXTEND THE PERIOD IF GOOD REASONS EXIST
34%03 4/ #,!)- $)3!"),)49
4HE EMPLOYEE MUST INFORM THE EMPLOYER SUPERVISOR OR FOREMAN OF THE ACCIDENT INJURY OR DISEASE VERBALLY OR IN WRITING
4HE EMPLOYER MUST REPORT THE ACCIDENT OR DISEASE TO THE #OMPENSATION #OMMISSIONER WITHIN DAYS FOR AN INJURY AND WITHIN DAYS AFTER GAINING KNOWLEDGE OF AN ALLEGED OCCUPATIONAL DISEASE 4HE EMPLOYER MUST REPORT IT EVEN IF THEY DO NOT BELIEVE THE INJURY OR DISEASE IS WORK RELATED )F THE EMPLOYEE IS UNEMPLOYED BY THE TIME A DISEASE IS DIAGNOSED THE EMPLOYEE CAN SEND FORMS DIRECTLY TO THE #OMMISSIONER
0ART OF THE FORM MUST BE GIVEN TO A DOCTOR TO COMPLETE TO CHECK THAT THE INJURY OR DISEASE FALLS UNDER THE #OMPENSATION &UND
4HE DOCTOR MUST SEND A &IRST -EDICAL 2EPORT 7#, DETAILING THE DISEASE OR SERIOUSNESS OF THE INJURY AND THE LIKELY PERIOD THE EMPLOYEE WILL BE OFF WORK 4HIS MUST BE DONE WITHIN DAYS OF SEEING THE EMPLOYEE
4HE EMPLOYER MUST SEND THE &IRST -EDICAL 2EPORT TO THE #OMMISSIONER
)F THE EMPLOYER REFUSES TO COMPLETE AND SEND THE FORM THE EMPLOYEE OR A REPRESENTATIVE MAY SEND A FORM DIRECT TO THE #OMMISSIONER 4HE #OMMISSIONER WILL INSTRUCT THE EMPLOYER TO FILL IN THE RIGHT FORM
4HE DOCTOR MUST ALSO SEND 0ROGRESS -EDICAL 2EPORTS 7#, MONTHLY WHILE TREATMENT IS CARRIED ON )F THE EMPLOYEEgS CONDITION HAS NOT IMPROVED AFTER MONTHS THE #OMMISSIONER MAY DECIDE THAT THE CONDITION IS PERMANENT AND GRANT COMPENSATION FOR PERMANENT DISABILITY
4HE DOCTOR MUST SEND IN A &INAL -EDICAL 2EPORT STATING EITHER THAT THE EMPLOYEE IS FIT TO RETURN TO WORK OR THAT THE EMPLOYEE IS PERMANENTLY DISABLED
4HE DOCTOR SUBMITS THIS FORM TO THE EMPLOYER WHO SENDS IT TO THE #OMMISSIONER !NYONE ELSE CAN SEND THE MEDICAL REPORTS TO THE #OMMISSIONER AS LONG AS THE CLAIM NUMBER IS ON THE FORM
4HE EMPLOYER SENDS IN A 2ESUMPTION 2EPORT 7#, TO THE #OMMISSIONER WHEN THE EMPLOYEE STARTS WORK AGAIN OR IS DISCHARGED FROM HOSPITAL 4HE EMPLOYER ALSO FILLS IN THIS FORM TO CLAIM BACK THE COMPENSATION MONEY THE EMPLOYER PAID TO THE EMPLOYEE DURING THE FIRST MONTHS HE OR SHE WAS OFF WORK
(/7 )3 4(% #/-0%.3!4)/. -/.%9 0!)$ 4HE COMPENSATION OFFICE WAITS UNTIL IT HAS ALL THE FORMS AND ONLY THEN DOES IT PAY 3EE PAGE 0ROBLEM ,ONG DELAY IN PAYING COMPENSATION
4%-0/2!29 $)3!"),)49 4HE COMPENSATION OFFICE SENDS A CHEQUE TO THE EMPLOYER WHO GIVES IT TO THE THE EMPLOYEE
0%2-!.%.4 $)3!"),)49 ,UMP SUM n 4HE CHEQUE GETS SENT TO THE EMPLOYER )F THE EMPLOYEE HAS BEEN DISMISSED THEY SEND THE CHEQUE TO THE EMPLOYEEgS HOME ADDRESS 0ENSION n 4HIS IS PAID OUT MONTHLY FOR THE REST OF A PERSONgS LIFE 4HE DISABLED EMPLOYEE CAN DECIDE WHERE THE COMPENSATION OFFICE MUST SEND THE PENSION FOR EXAMPLE TO A BANK OR BUILDING SOCIETY ACCOUNT 0ENSIONS ARE ALWAYS BACK PAID TO THE DATE OF THE ACCIDENT )F EMPLOYERS DO NOT SEND IN THE FORMS OR THE CLAIMS TAKES LONG EMPLOYEES MUST CONTACT THE NEAREST LABOUR CENTRE AND REPORT IT
/"*%#4)/.3 !.$ !00%!,3 s )F AN EMPLOYEE DISAGREES WITH THE DECISION OF THE #OMMISSIONER HESHE MAY LODGE AN OBJECTION TO THE DECISION WITHIN DAYS FROM THE DATE HESHE BECAME AWARE OF THE DECISION s 4HE OBJECTION MUST BE DONE ON FORM 7 AND SENT TO THE #OMMISSIONER s 4HE COMMISSIONER MAY CALL A FORMAL HEARING TO REVIEW THE DECISION AT WHICH HEARING THE EMPLOYEE CAN BE REPRESENTED BY A LEGAL REPRESENTATIVE TRADE UNION OFFICIAL OR FAMILY MEMBER s 4HE EMPLOYEE CAN CALL EVIDENCE INCLUDING EXPERT EVIDENCE s 4HE COMMISSIONER AFTER THE REPRESENTATIONS MADE WILL MAKE A FINAL DECISION s )F STILL NOT SATISFIED THE EMPLOYEE CAN TAKE THE DECISION OF THE #OMMISSIONER ON REVIEW TO THE (IGH #OURT )T IS ADVISABLE TO SEEK LEGAL ASSISTANCE WITH THE APPLICATION 3EE PAGE 0ROBLEM %MPLOYEES COMPENSATION HAS BEEN REFUSED
%MPLOYEEgS TAX 7(!4 )3 %-0,/9%%g3 4!8 %MPLOYEES TAX IS THE TAX THAT EMPLOYERS MUST DEDUCT FROM THE INCOME OF EMPLOYEES SALARIES WAGES BONUSES ETC AND PAY OVER TO 3!23 EVERY MONTH %MPLOYEES TAX CONSISTS OF TWO PARTS 3)4% AND 0!9%
7(!4 )3 3)4% 3)4% STANDS FOR 3TANDARD )NCOME 4AX ON %MPLOYEES %MPLOYEES TAX THAT IS DEDUCTED FROM AN EMPLOYEES INCOME WHEN IT IS BELOW A SPECIFIC THRESHOLD IS CLASSIFIED AS 3)4% 4HE THRESHOLD FOR IS 2 4HIS MEANS THAT ANYONE EARNING BELOW 2 IN THE YEAR WILL PAY 3)4% 3)4% IS DEDUCTED BY THE EMPLOYER FROM THE DAILY WEEKLY OR MONTHLY EARNINGS OF AN EMPLOYEE AND PAID TO 3!23 EVERY MONTH %XAMPLES OF EARNINGS FROM WHICH 3)4% IS DEDUCTED INCLUDE SALARIES WAGES BONUSES OVERTIME PAY AND FRINGE BENEFITS
7(!4 )3 0!9% 0!9% STANDS FOR 0AY !S 9OU %ARN 0!9% IS THE TAX THAT IS DEDUCTED BY AN EMPLOYER FROM AN EMPLOYEES INCOME WHERE THEIR INCOME IS HIGHER THAN THE 3)4% THRESHOLD IN OTHER WORDS IF THE INCOME IS HIGHER THAN 2
7(%. -534 !. %-0,/9%% 0!9 4!8 %VERY EMPLOYEE WHO EARNS MORE THAN A CERTAIN AMOUNT KNOWN AS THE THRESHOLD IN A YEAR OF ASSESSMENT MUST PAY INCOME TAX 4HE THRESHOLD AMOUNT FOR THE YEAR OF ASSESSMENT IS 2 IF YOU ARE UNDER YEARS OR 2 IF YOU ARE YEARS AND OLDER )N OTHER WORDS IF YOU ARE YEARS OLD YOU CAN EARN UP TO 2 FOR THE TAX YEAR WITHOUT HAVING TO PAY TAX IF YOU ARE YEARS OLD AND YOU EARN 2 FOR THE TAX YEAR YOU WILL ALSO NOT HAVE TO PAY TAX BECAUSE YOU ARE EARNING BELOW THE TAX THRESHOLDS /NCE YOU EARN MORE THAN THESE AMOUNTS YOU WILL BE TAXED EITHER ACCORDING TO THE 3)4% OR 0!9% TAX TABLES ON WHAT YOU EARN ! YEAR OF ASSESSMENT FOR AN INDIVIDUAL CONSISTS OF TWELVE MONTHS STARTING ON -ARCH AND ENDING ON THE LAST DAY OF &EBRUARY OF THE FOLLOWING YEAR 4HE YEAR OF ASSESSMENT THEREFORE STARTS ON -ARCH AND ENDS ON &EBRUARY
(/7 -5#( 4!8 $/ 9/5 0!9 4HIS DEPENDS ON s (OW MUCH YOU EARN INCLUDING OVERTIME BONUSES AND FRINGE BENEFITS AND BEFORE DEDUCTIONS s 9OUR AGE WHETHER YOU ARE UNDER OR OVER s 7HETHER YOU ARE A MEMBER OF AN OFFICIALLY RECOGNISED PENSION FUND OR PAY TOWARDS A RETIREMENT ANNUITY FUND 4HE AMOUNT YOU PAY INTO A PENSION SCHEME OR A RETIREMENT ANNUITY FUND CAN BE $%$5#4%$ FROM YOUR WAGE BEFORE TAX IS CALCULATED 4HIS MEANS YOU WILL PAY LESS TAX BECAUSE THE TAX IS WORKED OUT ON A LOWER INCOME 5NDER 3)4% ONLY CONTRIBUTIONS TO A PENSION FUND OR A RETIREMENT ANNUITY FUND CAN BE DEDUCTED FROM THE WAGE #ONTRIBUTIONS TO A 0ROVIDENT &UND CANNOT BE DEDUCTED !FTER THE DEDUCTION FOR PENSION OR A RETIREMENT ANNUITY FUND THE REST OF YOUR WAGE IS TAXED ACCORDING TO DIFFERENT RATES 4HE RATE YOU PAY DEPENDS ON HOW MUCH YOU EARN AND IS CALCULATED FROM TAX TABLES ISSUED BY THE 3OUTH !FRICAN 2EVENUE 3ERVICES 3!23 4HE TAX TABLES WILL DETERMINE WHAT RATE OF TAX YOU WILL HAVE TO PAY
7(!4 ).&/2-!4)/. -534 9/5 ')6% 4/ %-0,/9%23 7HEN YOU BECOME EMPLOYED YOU MUST FILL IN AN )20 FORM 4HE TAX DEDUCTED DEPENDS ON THE INFORMATION THAT YOU FILL IN ON THIS FORM )F YOU ARE OVER YEARS OLD YOU MUST NOTIFY YOUR EMPLOYER !LSO TELL THE EMPLOYER IF YOU PAY TOWARDS A RETIREMENT ANNUITY FUND BECAUSE YOU WILL THEN PAY LESS TAX )F YOU DO NOT FILL IN AN )20 FORM AT ALL THE EMPLOYER WILL TAX YOU AT THE HIGHEST POSSIBLE RATE
2%"!4%3 ! REBATE IS AN AMOUNT OF MONEY TAKEN OFF THE TAX AFTER YOUR TAX RATE HAS BEEN WORKED OUT 4HIS MEANS THE TAX YOU PAY IS LOWER 9OU CAN GET DIFFERENT TYPES OF REBATES 4HERE IS A PRIMARY REBATE AND AN AGE REBATE IF YOU ARE OVER YEARS
4!8 /. "/.53 0!9 !.$ 2%42%.#(-%.4 0!9 "ONUS PAY IS ALWAYS ADDED TO THE WAGE AND THEN THE WHOLE AMOUNT IS TAXED 3O THE INCOME THAT IS TAXED IS HIGHER THAN THE NORMAL WAGE AND THE TAX YOU PAY WILL ALSO BE HIGHER
0!24 4)-% 7/2+ !.$ #!35!, 7/2+ 0!9% MUST BE DEDUCTED AT A RATE OF IN RESPECT OF ALL EMPLOYEES WHO s 7ORK FOR AN EMPLOYER FOR LESS THAN HOURS PER WEEK /2 s 7ORK FOR AN EMPLOYER FOR AN UNSPECIFIED PERIOD %XAMPLES INCLUDE s ! PERSON EMPLOYED ON A DAILY BASIS WHO IS PAID DAILY AND WHO GETS PAID MORE THAN 2 PER DAY s #ASUAL COMMISSIONS PAID FOR EXAMPLE SPOTTERS FEES s #ASUAL PAYMENTS TO CASUAL WORKERS FOR IRREGULAROCCASIONAL SERVICES s (ONORARIA PAID TO OFFICE BEARERS OF ORGANISATIONS CLUBS
4HE FOLLOWING PEOPLE ARE EXEMPT FROM THIS s )F AN EMPLOYEE WORKS REGULARLY FOR LESS THAN HOURS PER WEEK AND PROVIDES THE EMPLOYER WITH A WRITTEN UNDERTAKING THAT HE OR SHE DOES NOT WORK FOR ANYONE ELSE THEN THEY WILL BE REGARDED AS BEING IN STANDARD EMPLOYMENT AND TAX MUST BE DEDUCTED ACCORDING TO THE NORMAL WEEKLY OR MONTHLY TABLES s !N EMPLOYEE WHO IS IN STANDARD EMPLOYMENT IN OTHER WORDS WHO WORKS FOR ONE EMPLOYER FOR AT LEAST HOURS PER WEEK s 0ENSIONS PAID TO PENSIONERS
4!8 !33%33-%.43 /NCE A YEAR YOUR EMPLOYER MUST ISSUE YOU WITH AN )20 TAX CERTIFICATE THAT SHOWS THE TOTAL WAGES THAT YOU EARNED AND THE TOTAL TAX THAT WAS DEDUCTED )F YOU EARN LESS THAN 2 A YEAR YOU WILL NOT HAVE TO SUBMIT A TAX RETURN )F YOU EARN MORE THAN 2 A YEAR THE 3!23 DOES AN ASSESSMENT OF YOUR EARNINGS WHEN YOU FILL IN A @TAX RETURN 9OU FILL IN A TAX RETURN FORM AND SEND IT WITH THE )20 TO THE 3!23 !SSESSMENT MEANS CHECKING UP ON THE TAX YOU PAY TO MAKE SURE YOU HAVENT PAID TOO MUCH OR TOO LITTLE TAX
0ENSION AND PROVIDENT FUNDS 4HE MAIN AIM OF A PENSION OR PROVIDENT FUND IS TO PROVIDE BENEFITS FOR ITS MEMBERS WHEN THEY RETIRE FROM EMPLOYMENT 4HE FUND ALSO USUALLY PAYS BENEFITS WHEN A MEMBER DIES WHILE STILL WORKING OR IS UNABLE TO WORK BECAUSE OF ILLNESS OR IS RETRENCHED 4HE MAIN DIFFERENCE BETWEEN A PENSION FUND AND A PROVIDENT FUND IS THAT IF A PENSION FUND MEMBER RETIRES THE MEMBER GETS ONE THIRD OF THE TOTAL BENEFIT IN A CASH LUMP SUM AND THE OTHER TWO THIRDS IS PAID OUT IN THE FORM OF A PENSION OVER THE REST OF THE MEMBERgS LIFE ! PROVIDENT FUND MEMBER CAN GET THE FULL BENEFIT PAID IN A CASH LUMP SUM 0ENSION FUNDS ALSO OFFER BETTER TAX BENEFITS TO EMPLOYEES !N EMPLOYEES CONTRIBUTIONS TO A PENSION FUND ARE DEDUCTIBLE FOR TAX WHILE CONTRIBUTIONS TO A PROVIDENT FUND ARE NOT 4HERE ARE ADVANTAGES AND DISADVANTAGES TO BOTH TYPES OF FUNDS )T WILL DEPEND ON A PERSONS OWN FINANCIAL NEEDS (OWEVER ONE OF THE STRONGEST ARGUMENTS IN FAVOUR OF PROVIDENT FUNDS AND THE LUMP SUM PAYMENT CONCERNS THE MEANS TEST USED TO WORK OUT WHETHER A PERSON QUALIFIES FOR A STATE OLD AGE PENSION 5SUALLY IF A PERSON RECEIVES A PRIVATE PENSION THAT PERSON IS DISQUALIFIED FROM RECEIVING A STATE OLD AGE PENSION )F A PERSON GETS A LUMP SUM PAYMENT THEN THAT PERSON MAY ALSO QUALIFY FOR A STATE PENSION IN SOME CASES
(/7 $/%3 ! 0%.3)/. /2 02/6)$%.4 &5.$ 7/2+ )F IT IS A WORKPLACE PENSION FUND MONEY GOES INTO THE FUND THROUGH CONTRIBUTIONS FROM EMPLOYERS AND EMPLOYEES !N EMPLOYEE CANNOT GET MONEY BACK FROM A FUND EXCEPT AS BENEFITS ACCORDING TO THE FUND RULES %MPLOYEES CAN ALSO INVEST PRIVATELY IN THEIR OWN PENSION OR PROVIDENT FUNDS WHERE THERE IS NO WORKPLACE PENSION OR PROVIDENT SCHEME IN PLACE
490%3 /& &5.$3 !.$ "%.%&)43 $IFFERENT WORKPLACE FUNDS HAVE DIFFERENT KINDS OF BENEFITS FOR EXAMPLE s WITHDRAWAL BENEFITS n PAID TO EMPLOYEES WHO RESIGN OR ARE DISMISSED EMPLOYEE GETS OWN CONTRIBUTIONS ONLY s RETRENCHMENT BENEFITS n PAID TO EMPLOYEES WHO ARE RETRENCHED
s RETIREMENT BENEFITS n PAID TO EMPLOYEES WHEN THEY RETIRE AT WOMEN MEN AMOUNT PAID OUT DEPENDS ON HOW LONG EMPLOYEE WAS CONTRIBUTING s INSURED BENEFITS n INCLUDING BENEFITS PAID TO AN EMPLOYEE WHO IS DISABLED AND BENEFITS PAID TO THE DEPENDANTS OF AN EMPLOYEE WHO DIES .OT ALL FUNDS PROVIDE ALL THESE BENEFITS 4O UNDERSTAND HOW ANY FUND WORKS THE MEMBER MUST READ THE RULES OF THE FUND
"!2'!).).' #/5.#), &5.$3 ! PENSION OR PROVIDENT FUND MAY BE ESTABLISHED BY A "ARGAINING #OUNCIL !GREEMENT 4HE "ARGAINING #OUNCIL !GREEMENT WILL LAY DOWN THE RULES FOR THE PENSION OR PROVIDENT FUND 5SUALLY ALL EMPLOYEES WHO FALL UNDER A "ARGAINING #OUNCIL !GREEMENT HAVE TO BECOME MEMBERS OF ANY FUND SET UP BY THAT "ARGAINING #OUNCIL UNLESS THEIR EMPLOYER HAS DE REGISTERED FROM THE FUND AND SET UP THEIR OWN FUND "ARGAINING #OUNCIL FUNDS DO NOT ALLOW AN EMPLOYEE TO WITHDRAW BENEFITS IF HE OR SHE LEAVES ONE COMPANY TO GO AND WORK FOR ANOTHER COMPANY IN THE SAME INDUSTRY 5SUALLY AN EMPLOYEE CAN ONLY WITHDRAW BENEFITS AFTER A YEAR OF LEAVING THE COMPANY IF HE OR SHE IS STILL UNEMPLOYED OR WAS RE EMPLOYED OUTSIDE THE INDUSTRY )F THE EMPLOYEE IS RE EMPLOYED IN THE SAME INDUSTRY BEFORE ONE YEAR IS UP THEN CONTRIBUTIONS CARRY ON AS IF THERE WAS NO CHANGE IN JOB
#/-0,!).43 !"/54 0!9-%.43 &2/- 0%.3)/. &5.$3 !NY PERSON WHO HAS A COMPLAINT ABOUT BENEFITS FROM A PENSION FUND CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 3EE PAGE -ODEL LETTER (OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR PAGE 2ESOURCES FOR CONTACT DETAILS OF THE 0ENSION &UNDS !DJUDICATOR
4(% 0%.3)/. &5.$3 !$*5$)#!4/2 4HE LAW SAYS YOU MUST FIRST SEND YOUR COMPLAINT IN WRITING TO THE PENSION FUND OR TO THE EMPLOYER 4HE PENSION FUND OR EMPLOYER THEN HAS DAYS TO REPLY TO THE COMPLAINT )F THEY DONgT REPLY OR IF YOU ARE NOT SATISFIED WITH THE REPLY THEN YOU CAN SEND AN OFFICIAL COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR )NCLUDE YOUR LETTER TO THE PENSION FUND OR EMPLOYER AND THEIR REPLY !FTER YOU HAVE MADE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR THE !DJUDICATOR GIVES THE PENSION FUND DAYS TO REPLY /NCE THE !DJUDICATOR HAS RECEIVED THE PENSION FUNDgS REPLY THEY WILL LOOK AT THE FACTS AND DECIDE WHO IS RIGHT 4HE 0ENSION &UNDS !DJUDICATOR DOES NOT DEAL WITH GOVERNMENT PENSION FUNDS )F A PERSON WHO WORKS FOR THE GOVERNMENT HAS GOT A COMPLAINT ABOUT A GOVERNMENT PENSION THEN THEY MUST SEND THEIR COMPLAINT TO THE 0UBLIC 0ROTECTOR 3EE PAGE 0ROBLEM -AKING A COMPLAINT TO THE 0UBLIC 0ROTECTOR 4HERE IS NO CHARGE TO MAKE A COMPLAINT WITH THE 0ENSION &UNDS !DJUDICATOR
7(/ #!. -!+% ! #/-0,!).4 4/ 4(% 0%.3)/. &5.$3 !$*5$)#!4/2 4HE FOLLOWING PEOPLE CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR s A MEMBER OR FORMER MEMBER OF A PENSION FUND s A BENEFICIARY OF A FUND OR A FORMER BENEFICIARY OF A FUND A BENEFICIARY IS SOMEONE WHO IS WRITTEN DOWN IN YOUR PENSION FUND AGREEMENT TO GET THE MONEY FROM YOUR PENSION FUND FOR EXAMPLE YOUR FAMILY IF YOU DIE s AN EMPLOYER WHO PARTICIPATES IN A WORKPLACE FUND s A BOARD OR BOARD MEMBER OF A FUND s ANY PERSON WITH AN INTEREST IN A COMPLAINT
4)-% ,)-)43 9OU MUST GET YOUR COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR WITHIN YEARS OF THE PROBLEM ARISING
-EDICAL AID SCHEMES FOR EMPLOYEES ! MEDICAL AID SCHEME HELPS MEMBERS TO PAY FOR THEIR HEALTH NEEDS SUCH AS NURSING SURGERY DENTAL WORK AND HOSPITAL ACCOMMODATION )T IS A TYPE OF INSURANCE SCHEME &OR THIS SERVICE MEMBERS AND THEIR EMPLOYERS PAY REGULAR CONTRIBUTIONS TO THE SCHEME 4HE LAW SAYS THAT MEDICAL AID SCHEMES MUST PAY FOR MEDICAL EXPENSES SUCH AS HOSPITAL DOCTOR AND DENTIST BILLS MEDICINES AND OTHER MEDICAL SERVICES LIKE SPECIAL DENTISTRY AND PHYSIOTHERAPY 3OME SCHEMES OFFER MORE THAN THIS
!$6!.4!'%3 !.$ $)3!$6!.4!'%3 /& -%$)#!, !)$ 3#(%-%3 4HE ADVANTAGES OF A MEDICAL AID SCHEME ARE THAT s IT PROTECTS EMPLOYEES IF THEY SUDDENLY HAVE TO PAY LARGE UNEXPECTED MEDICAL COSTS AND THEY DONgT HAVE TO DELAY THEIR MEDICAL TREATMENT BECAUSE THEY DONgT HAVE ANY MONEY s EMPLOYEES GET BETTER MEDICAL CARE BECAUSE THEY ARE LOOKED AFTER BY PRIVATE DOCTORS CLINICS AND SPECIALISTS INSTEAD OF OVERCROWDED PUBLIC HOSPITALS 4HE DISADVANTAGES OF A MEDICAL AID SCHEME ARE s )T IS EXPENSIVE AND FEES ARE ALWAYS INCREASING s )F AN EMPLOYEE HAS DEPENDANTS IN THE RURAL AREAS IT DOES NOT HELP TO HAVE MEDICAL AID BECAUSE THERE ARE NO PRIVATE HEALTH CARE FACILITIES s 4HERE ARE OFTEN MANY HIDDEN COSTS IN THE SCHEMES AND THE SCHEME MIGHT ONLY PAY A SMALL PERCENTAGE OF THE COSTS AND THE EMPLOYEE HAS TO PAY THE REST s 3OME SCHEMES SET LIMITS FOR BENEFITS FOR EXAMPLE A SCHEME COULD SET A LIMIT OF 2 PER YEAR FOR MEDICINES PRESCRIBED BY A DOCTOR FOR A SINGLE MEMBER )F THE MEMBER NEEDS TO BUY MORE THAN 2 WORTH OF MEDICINES IN A YEAR SHE OR HE WILL HAVE TO PAY FOR ANY COSTS OF MEDICINES ABOVE THIS LIMIT s 3OME MEDICAL COSTS ARE COMPLETELY EXCLUDED FROM MEDICAL AID SCHEMES %MPLOYEES MUST THEN PAY FOR THESE COSTS THEMSELVES EVEN THOUGH THEY ARE PAYING INTO THE MEDICAL AID FUND EVERY MONTH
-%$)#!, 3#(%-%3 !#4 4HE -EDICAL 3CHEMES !CT .O OF HAS MADE THE FOLLOWING CHANGES TO MEDICAL AID SCHEMES s THERE MUST BE STANDARD RATE FEES FOR PEOPLE TO JOIN MEDICAL AID SCHEMES REGARDLESS OF THEIR HEALTH OR AGE s THERE CAN BE NO DISCRIMINATION ON GROUNDS OF PEOPLESg HEALTH FOR EXAMPLE REFUSING TO ALLOW A PERSON TO JOIN A MEDICAL AID SCHEME BECAUSE THEY ARE ()6 POSITIVE OR BECAUSE THEY HAVE ASTHMA OR DIABETES s THE DEFINITION OF DEPENDANTS INCLUDES SPOUSES HUSBAND OR WIFE AND NATURAL AND ADOPTED CHILDREN 4HIS MEANS THAT PEOPLE LIVING WITH ()6 OR !)$3 CAN NO LONGER BE TURNED AWAY FROM MEDICAL AID SCHEMES ON GROUNDS OF THEIR MEDICAL CONDITION 4HE MINIMUM MEDICAL BENEFITS INCLUDED FOR ()6 RELATED ILLNESSES INCLUDE HOSPITAL ADMISSIONS AS WELL AS NECESSARY MEDICAL TREATMENT 4HE TREATMENT FOR PEOPLE WITH !)$3 RELATED ILLNESSES ALSO CONTINUES UNTIL DEATH 4HE !CT ALSO SETS OUT A COMPLAINTS PROCEDURE FOR PEOPLE WHO HAVE A COMPLAINT AGAINST A MEDICAL AID SCHEME
3KILLS $EVELOPMENT !CT 4HE 3KILLS $EVELOPMENT !CT .O OF WAS PASSED IN ORDER TO DEVELOP AND IMPROVE THE SKILLS OF PEOPLE IN THE WORKPLACE 4HE !CT DOES THE FOLLOWING s PROVIDES A FRAMEWORK FOR THE DEVELOPMENT OF SKILLS OF PEOPLE AT WORK s BUILDS THESE DEVELOPMENT PLANSSTRATEGIES INTO THE .ATIONAL 1UALIFICATIONS &RAMEWORK s PROVIDES FOR LEARNERSHIPS THAT LEAD TO RECOGNISED OCCUPATIONAL QUALIFICATIONS s PROVIDES FOR THE FINANCING OF SKILLS DEVELOPMENT BY MEANS OF A LEVY GRANT SCHEME AND A .ATIONAL 3KILLS &UND 4HE $EPARTMENT OF ,ABOUR HAS PUBLISHED A GUIDE CALLED @!N EMPLOYERS GUIDE TO THE 3KILLS $EVELOPMENT ,EVY )F YOU NEED MORE INFORMATION CONTACT YOUR NEAREST ,ABOUR #ENTRE FOR A COPY
4(% .!4)/.!, 15!,)&)#!4)/.3 &2!-%7/2+ .1& 4HE .1& IS A PLAN FOR EDUCATION AND TRAINING 4HE AIM IS FOR PEOPLE TO CONTINUE ACCUMULATING QUALIFICATION CREDITS AS THEY LEARN AND WORK 4HE 3KILLS $EVELOPMENT !CT DEFINES THE FOLLOWING STRUCTURES TO IMPLEMENT THE .1& 3OUTH !FRICAN 1UALIFICATIONS !UTHORITY 3!1! n 4HIS IS THE BODY RESPONSIBLE FOR OVERSEEING THE DEVELOPMENT AND IMPLEMENTATION OF THE .1& AND IT IS ACCOUNTABLE TO THE $EPARTMENTS OF ,ABOUR AND OF %DUCATION 3!1! ESTABLISHES .ATIONAL 3TANDARDS "ODIES 3TANDARDS 'ENERATING "ODIES AND %DUCATION AND 4RAINING 1UALITY !SSURERS .ATIONAL 3TANDARDS "ODIES .3" n 4HESE BODIES SET STANDARDS ABOUT WHAT NEEDS TO BE LEARNT IN ONE PARTICULAR FIELD OF LEARNING 3!1! HAS ESTABLISHED FIELDS OF LEARNING SUCH AS !GRICULTURE #OMMUNICATION -ANUFACTURING EACH WITH OWN SUB FIELDS 3TANDARDS 'ENERATING "ODIES 3'"S n !N 3'" DEVELOPS STANDARDS CALLED UNIT STANDARDS AND QUALIFICATIONS IN A PARTICULAR SUB FIELD OF LEARNING %DUCATION AND 4RAINING 1UALITY !SSURERS n !NYONE WHO WANTS TO PROVIDE EDUCATION AND TRAINING WILL HAVE TO BE APPROVED BY AN %DUCATION AND 4RAINING 1UALITY !SSURER %DUCATION AND 4RAINING 1UALITY !SSURERS WILL ISSUE QUALIFICATION CERTIFICATES TO LEARNERS 3ECTOR %DUCATION AND 4RAINING !UTHORITIES 3%4!S n %ACH SEPARATE ECONOMIC SECTOR HAS ONE 3%4! 4HERE ARE 3%4!S ALTHOUGH THE GOVERNMENT IS WANTING TO CONSOLIDATE A NUMBER OF THESE WHICH MEANS THERE WOULD BE FEWER 3%4!S WHICH COVER ALL WORK SECTORS IN 3OUTH !FRICA INCLUDING GOVERNMENT SECTORS !LL EMPLOYERS MUST CHOOSE WHICH 3%4! THEIR BUSINESS FALLS UNDER 7ITHIN ITS OWN SECTOR 3%4! MUST DEVELOP AND IMPLEMENT A SKILLS DEVELOPMENT PLAN INCLUDING WORKPLACE SKILLS DEVELOPMENT PLANS ACT AS THE %DUCATION AND 4RAINING 1UALITY !SSURER AND PAY OUT 3KILLS $EVELOPMENT 'RANTS
4(% 3+),,3 $%6%,/0-%.4 ,%69 '2!.4 3#(%-% 4HE 3KILLS $EVELOPMENT ,EVY WAS ESTABLISHED UNDER THE 3KILLS $EVELOPMENT !CT ! LEVY IS AN AMOUNT OF MONEY THAT EMPLOYERS HAVE TO PAY TO THE 3OUTH !FRICAN 2EVENUE 3ERVICE 3!23 FOR SKILLS DEVELOPMENT OF EMPLOYEES )F EMPLOYEES UNDERGO TRAINING THEN THE EMPLOYER CAN CLAIM THIS AMOUNT BACK FROM THE RELEVANT 3%4!
0!9).' 4(% 3+),,3 $%6%,/0-%.4 ,%69 !N EMPLOYER MUST PAY A SKILLS DEVELOPMENT LEVY EVERY MONTH IF s THE EMPLOYER HAS REGISTERED THE EMPLOYEES WITH 3!23 FOR TAX PURPOSES 0!9% ANDOR
s THE EMPLOYER PAYS OVER 2 A YEAR IN SALARIES AND WAGES TO THEIR EMPLOYEES EVEN IF THEY ARE NOT REGISTERED FOR 0!9% WITH 3!23 s !N EMPLOYER MUST PAY OF THE TOTAL AMOUNT PAID IN SALARIES TO EMPLOYEES INCLUDING OVERTIME PAYMENTS LEAVE PAY BONUSES COMMISSIONS AND LUMP SUM PAYMENTS 4HE EMPLOYER MUST REGISTER WITH 3!23 AND PAY THE LEVY MONTHLY 3!23 WILL SUPPLY THE CORRECT FORMS TO FILL IN 3$, RETURN FORM 4HE LEVY MUST BE PAID TO 3!23 NOT LATER THAN DAYS AFTER THE END OF EVERY MONTH
(/7 !2% 4(% ,%6)%3 53%$ 4HE LEVIES PAID TO 3!23 ARE PUT IN A SPECIAL FUND OF THE MONEY FROM THIS FUND WILL BE DISTRIBUTED TO THE DIFFERENT 3%4!S AND THE OTHER WILL BE PAID INTO THE .ATIONAL 3KILLS &UND 4HE 3%4!S WILL THEN PAY GRANTS TO EMPLOYERS WHO APPOINT A 3KILLS $EVELOPMENT &ACILITATOR 4HE .ATIONAL 3KILLS &UND WILL FUND SKILLS DEVELOPMENT PROJECTS THAT DONgT FALL UNDER THE 3%4!S
'%44).' ! 3+),,3 $%6%,/0-%.4 '2!.4 !N EMPLOYER CAN GET MONEY BACK FROM THE 3%4! OR THE .ATIONAL 3KILLS &UND TO USE ON TRAINING AND DEVELOPING THEIR OWN EMPLOYEESg SKILLS 4O QUALIFY FOR A 3KILLS $EVELOPMENT 'RANT AN EMPLOYER MUST s HAVE PAID SKILLS DEVELOPMENT LEVIES s HAVE A 3KILLS $EVELOPMENT &ACILITATOR s FOLLOW ALL THE RULES AND REGULATIONS IN THE !CT !N EMPLOYER CAN GET BACK OR MORE OF THE LEVIES THEY PAID TO 3!23 4HESE GRANTS ARE CALLED 'RANTS ! " # AND $ 4HIS IS HOW THE GRANT SYSTEM WORKS 'RANT ! n 7HEN AN EMPLOYER APPOINTS AND REGISTERS A 3KILLS $EVELOPMENT &ACILITATOR THEN 'RANT ! IS PAID BACK TO THE EMPLOYER 4HIS IS OF THE LEVY PAID TO 3!23 BY THE EMPLOYER %MPLOYERS CAN ONLY GET 'RANTS " # AND $ IF THEY HAVE GOT 'RANT ! 'RANT " n 7HEN THE EMPLOYER SENDS IN A WORKPLACE SKILLS PLAN TO THE RELEVANT 3%4! AND THE 3%4! APPROVES THE PLAN THEN 'RANT " IS PAID 4HIS IS OF THE LEVY PAID TO 3!23 BY THE EMPLOYER %MPLOYERS CAN ONLY GET 'RANT # IF THEY HAVE GOT 'RANT " 'RANT # n 7HEN THE EMPLOYER SENDS AN ANNUAL TRAINING REPORT BASED ON THE APPROVED WORKPLACE SKILLS PLAN THEN 'RANT # IS PAID 4HIS IS OF THE LEVY PAID TO 3!23 BY THE EMPLOYER 'RANT $ n 3%4!S MAY PAY OUT GRANT $ FOR SPECIFIC SECTOR SKILLS INITIATIVES IN THE WORKPLACE 'RANT $ IS OF THE LEVY PAID TO THE &UND BY THE EMPLOYER )F EMPLOYERS DO NOT MEET THE REQUIREMENTS FOR RECOVERING A GRANT THEN THEY LOSE THE GRANT
3+),,3 $%6%,/0-%.4 &!#),)4!4/23 4HE 3KILLS $EVELOPMENT !CT MAKES PROVISION FOR THE EMPLOYMENT AND USE OF A 3KILLS $EVELOPMENT &ACILITATOR BY AN EMPLOYER 4HIS PERSON IS RESPONSIBLE FOR DEVELOPING AND PLANNING THE SKILLS DEVELOPMENT STRATEGY OF A BUSINESS FOR A SPECIFIC PERIOD 4HE 3KILLS $EVELOPMENT &ACILITATOR MUST DO THE FOLLOWING TASKS s HELP THE EMPLOYER AND EMPLOYEES TO DEVELOP A WORKPLACE SKILLS PLAN s SEND THE WORKPLACE SKILLS PLAN TO THE RELEVANT 3%4! s ADVISE THE EMPLOYER ON HOW TO IMPLEMENT THE WORKPLACE SKILLS PLAN s HELP THE EMPLOYER TO DRAFT AN ANNUAL TRAINING REPORT BASED ON THE WORKPLACE SKILLS PLAN
s ADVISE THE EMPLOYER ON THE REQUIREMENTS SET BY THE RELEVANT 3%4! s SERVE AS THE CONTACT PERSON BETWEEN THE EMPLOYER AND THE RELEVANT 3%4! !N EMPLOYER CAN APPOINT AN EMPLOYEE OR A FORMALLY CONTRACTED PERSON FROM OUTSIDE THE BUSINESS TO PERFORM THE FUNCTIONS OF A 3KILLS $EVELOPMENT &ACILITATOR
02/",%-3 -ONEY IS DEDUCTED FROM AN EMPLOYEEgS WAGES *ERRY IS A PETROL PUMP ATTENDANT WHO WORKS FOR 3PEEDY 'ARAGE (E COMES TO YOU WITH A PROBLEM (E IS IN CHARGE OF TAKING MONEY FROM THE OTHER PETROL PUMP ATTENDANTS AND OF GIVING THEM THEIR CHANGE !T THE END OF EVERY DAY THE MONEY IS CASHED UP BY THE CASHIER /N THE DAYS WHEN THE MONEY IS SHORT THIS IS NOTED IN A BOOK !T THE END OF THE WEEK ALL THESE SHORTAGES ARE COUNTED UP AND THE TOTAL AMOUNT IS DEDUCTED FROM *ERRYS WAGES &ROM THE PAY SLIPS THAT HE BRINGS TO YOU IT SEEMS THAT EVERY WEEK DEDUCTIONS ARE MADE FOR SHORTAGES
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT AN EMPLOYER CANNOT MAKE DEDUCTIONS FROM THE WAGES OF AN EMPLOYEE EXCEPT IN CERTAIN CIRCUMSTANCES 3EE PAGE $EDUCTIONS
7(!4 #!. 9/5 $/ 9OU CAN TAKE THE FOLLOWING STEPS &IND OUT WHETHER THE EMPLOYEE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION OR OTHER AGREEMENT ABOUT TERMS AND CONDITIONS OF EMPLOYMENT )N THIS CASE *ERRY IS COVERED BY THE "ARGAINING #OUNCIL !GREEMENT FOR THE MOTOR INDUSTRY 4HIS AGREEMENT SAYS THAT ANY DEDUCTIONS FROM WAGES ARE UNLAWFUL 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE #ONTACT THE MANAGER OF THE GARAGE AND ASK HIM OR HER FOR THE REASONS FOR THE DEDUCTIONS %XPLAIN THAT SUCH DEDUCTIONS ARE UNLAWFUL 1UOTE THE SECTION NUMBER FROM THE "ARGAINING #OUNCIL !GREEMENT 7RITE A LETTER TO THE EMPLOYER GIVING ALL THE DETAILS OF THE DEDUCTIONS THE WEEKS THE AMOUNTS DEDUCTED AND THE AMOUNT THE EMPLOYEE IS CLAIMING 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY )F THE EMPLOYER WILL NOT PAY BACK THE AMOUNTS OWING TO *ERRY WRITE A LETTER OF REFERRAL TO THE "ARGAINING #OUNCIL ASKING THEM TO INVESTIGATE THE PROBLEM %XPLAIN TO THEM WHAT STEPS YOU HAVE ALREADY TAKEN TO TRY AND SORT OUT THE PROBLEM 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM
%MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY &AIZEL LOST HIS JOB (E WAS DISMISSED WITHOUT ANY NOTICE AND PAID NO MONEY IN LIEU OF NOTICE (E WAS ALSO NOT PAID ANY LEAVE PAY THAT HE BELIEVES WAS OWING TO HIM (E DOES NOT WANT TO GET HIS JOB BACK (E ONLY WANTS TO CLAIM THE NOTICE AND LEAVE MONEY THAT IS OWING TO HIM
7(!4 $/%3 4(% ,!7 3!9 s &AIZEL HAS A RIGHT TO HIS NOTICE AND LEAVE MONEY IF THE DISMISSAL WAS UNFAIR (OWEVER THERE ARE CASES WHERE AN EMPLOYEE CAN BE SUMMARILY DISMISSED IN OTHER WORDS WITHOUT NOTICE OR PAYMENT IN LIEU OF NOTICE BUT THE EMPLOYER WILL HAVE TO PROVE THIS )N ALL CASES THE EMPLOYEE IS ENTITLED TO PAYMENT OF ANY OUTSTANDING LEAVE PAY s 4HE AMOUNT OF NOTICE AND LEAVE PAY OWING TO HIM DEPENDS ON WHICH WAGE REGULATING MEASURE HE FALLS UNDER 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE s )F &AIZEL WAS UNFAIRLY DISMISSED HE MAY BE ABLE TO CLAIM COMPENSATION FROM THE EMPLOYER 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
7(!4 #!. 9/5 $/ 9OU CAN TAKE THESE STEPS TO CLAIM THE MONEY OWING #HECK WHICH WAGE REGULATING MEASURE PROTECTS THIS PARTICULAR INDUSTRY IN OTHER WORDS WHETHER IT IS A "ARGAINING #OUNCIL !GREEMENT OR 7AGESECTORAL $ETERMINATION OR THE "ASIC #ONDITIONS OF %MPLOYMENT !CT AND WORK OUT WHAT AMOUNTS ARE OWING BY THE EMPLOYER TO &AIZEL FOR PAYMENT IN LIEU OF NOTICE AND OUTSTANDING LEAVE PAY 7RITE A LETTER TO THE EMPLOYER STATING &AIZELS CLAIM 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY )F THE EMPLOYER REFUSES TO PAY &AIZEL THE MONEY THAT IS OWING REFER HIM WITH A COVERING LETTER TO THE RELEVANT "ARGAINING #OUNCIL OR $EPARTMENT OF ,ABOUR !LTERNATIVELY POST THE LETTER 4HE LETTER MUST SAY EXACTLY WHAT THE CLAIM IS AND WHAT STEPS HAVE BEEN TAKEN TO SORT OUT THE PROBLEM )F THE EMPLOYER IS FOUND GUILTY OF NOT COMPLYING WITH THE "ARGAINING #OUNCIL !GREEMENT OR THE "#%! THE RELEVANT INSPECTOR CAN ORDER THE EMPLOYER TO PAY &AIZEL )F THE EMPLOYER REFUSES TO PAY HIM THE INSPECTOR CAN REFER THE MATTER TO THE $IRECTOR 'ENERAL OF ,ABOUR 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM &AIZEL HAS THE RIGHT TO BRING A PRIVATE CIVIL CLAIM AGAINST THE EMPLOYER EITHER IN THE 3MALL #LAIMS #OURT OR IN THE -AGISTRATEgS #OURT 3EE PAGE 3MALL #LAIMS #OURT 3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%! IF HE FALLS UNDER THE "#%! 0AGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION
%MPLOYEE IS PAID BELOW THE MINIMUM WAGE 4HABISO IS EMPLOYED BY &IX IT 4ILES 4HE COMPANY MAKES PLASTIC FLOOR TILES 3HE THINKS THAT THEY PAY HER LESS THAN THE MINIMUM WAGE WHICH THE LAW SAYS SHE SHOULD BE PAID 3HE WANTS TO KNOW IF THIS IS CORRECT
7(!4 $/%3 4(% ,!7 3!9 s #OLLECTIVE AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS SECTORAL DETERMINATIONS AND 7AGE $ETERMINATIONS MAY SET OUT MINIMUM WAGES 4HE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! DOES NOT LAY DOWN MINIMUM WAGES )F THE COMPANY IS ONLY COVERED BY THE "#%! THEN THERE IS NO MINIMUM WAGE THAT THEY HAVE TO PAY 4HABISO SO SHE WILL HAVE NO CLAIM s 4HABISO HAS THE RIGHT TO CLAIM THE WAGES THAT SHE WAS PROMISED WHEN SHE STARTED WORKING FOR THE COMPANY
7(!4 #!. 9/5 $/ s #HECK WHICH WAGE REGULATING MEASURE PROTECTS THE COMPANY THAT 4HABISO WORKS FOR FOR EXAMPLE A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION "#%! 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE s /NCE YOU HAVE ESTABLISHED THIS CHECK WHETHER THERE IS A MINIMUM WAGE FOR THE INDUSTRY )F SO FIND OUT WHAT THE MINIMUM WAGE SHOULD BE FOR 4HABISO )F SHE IS BEING UNDERPAID ACCORDING TO A "#! OR 7AGE $ETERMINATION YOU CAN TAKE THESE STEPS n 4ELEPHONE OR WRITE TO THE EMPLOYER AND ASK FOR DETAILS ON WHY 4HABISO IS BEING UNDERPAID AS THE LAW SAYS THAT A MINIMUM WAGE MUST BE PAID TO HER 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY n )F THE EMPLOYER CARRIES ON PAYING BELOW THE MINIMUM WAGE AND REFUSES TO TAKE ANY NOTICE OF YOUR REQUEST YOU SHOULD REFER THE PROBLEM IN WRITING TO THE "ARGAINING #OUNCIL IF IT IS AN "ARGAINING #OUNCIL !GREEMENT OR TO THE $EPARTMENT OF ,ABOUR IF IT IS A 7AGE $ETERMINATION 4HE LETTER MUST SAY EXACTLY WHAT THE CLAIM IS AND WHAT STEPS HAVE ALREADY BEEN TAKEN TO SORT OUT THE PROBLEM n %ACH "ARGAINING #OUNCIL AS WELL AS THE $EPARTMENT OF ,ABOUR HAS ITS OWN PROCEDURES FOR INVESTIGATING COMPLAINTS AND ENFORCING RIGHTS 4HE $EPARTMENT OF ,ABOUR WILL APPOINT AN INSPECTOR TO INVESTIGATE THE COMPLAINT )F THE INSPECTOR lNDS THE EMPLOYER HAS NOT COMPLIED WITH THE "#%! THE INSPECTOR CAN ORDER THE EMPLOYER TO PAY 4HABISO BY GIVING THE EMPLOYER A #OMPLIANCE /RDER )F THE EMPLOYER REFUSES TO PAY HER THE INSPECTOR CAN REFER THE MATTER TO THE $IRECTOR 'ENERAL OF ,ABOUR 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM n 4HABISO HAS THE RIGHT TO BRING A PRIVATE CIVIL CLAIM AGAINST THE EMPLOYER EITHER IN THE 3MALL #LAIMS #OURT OR IN THE -AGISTRATEgS #OURT s )F 4HABISO IS COVERED BY THE "#%! THEN THERE IS NO MINIMUM WAGE 4HERE IS NOTHING YOU CAN DO TO HELP HER 3EE PAGE 3UMMARY OF THE PROVISIONS IN THE "#%! IF HE FALLS UNDER THE "#%! 0AGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION
$ISMISSED EMPLOYEE WANTS THE JOB BACK n HOW TO APPLY FOR REINSTATEMENT OR COMPENSATION -AISIE IS DISMISSED FROM HER JOB FOR ONGOING LATENESS IN ARRIVING AT WORK 3HE SAYS THE DISMISSAL WAS UNFAIR BECAUSE SHE RELIES ON PUBLIC TRANSPORT AND SHE CANT HELP IT IF THE TRAINS ALWAYS RUN LATE 3HE WANTS TO GET HER JOB BACK
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT A PERSON WHO IS CONSTANTLY LATE FOR WORK WITHOUT GOOD REASON CAN BE DISMISSED ON GROUNDS OF MISCONDUCT OR INCAPACITY POOR PERFORMANCE )F -AISIE WAS DISMISSED FOR AN UNFAIR REASON SUBSTANTIVE UNFAIRNESS SHE MAY BE ABLE TO BE REINSTATED OR COMPENSATED )F SHE WAS DISMISSED FOR GOOD REASON BUT THE EMPLOYER DIDNgT FOLLOW THE PROPER PROCEDURES PROCEDURAL UNFAIRNESS IT IS MORE LIKELY THAT SHE WILL BE COMPENSATED BUT NOT REINSTATED 3EE PAGE 3UBSTANTIVE FAIRNESS PAGE 0ROCEDURAL UNFAIRNESS
7(!4 #!. 9/5 $/ &IND OUT WHETHER SHE REALLY DOES WANT TO BE REINSTATED IN THE SAME JOB OR CLAIM COMPENSATION FOR BEING UNFAIRLY DISMISSED 3OMETIMES AN EMPLOYEE WHO WAS UNFAIRLY DISMISSED DOES NOT WANT TO BE REINSTATED OR CLAIM COMPENSATION 4HE EMPLOYEE ONLY WANTS TO CLAIM OUTSTANDING MONEY FOR NOTICE LEAVE AND SO ON 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
4HE FOLLOWING IS AN OUTLINE OF THE PROCEDURE YOU CAN FOLLOW AFTER DISMISSAL OF AN EMPLOYEE )T SHOULD BE FOLLOWED IN ALL CASES WHERE AN EMPLOYEE IS DISMISSED AND WANTS TO BE REINSTATED OR AT LEAST COMPENSATED
$%4%2-).% 7(%4(%2 (%2 $)3-)33!, -!9 (!6% "%%. 5.&!)2 s !SK -AISIE TO DESCRIBE THE EVENTS LEADING UP TO DISMISSAL &OR EXAMPLE (OW OFTEN WAS SHE LATE 7HAT WERE HER REASONS (OW DID THIS IMPACT ON HER JOB 7AS THERE A HEARING ETC -AKE A NOTE OF ALL THE IMPORTANT DATES FOR EXAMPLE WHEN IF AT ALL SHE RECEIVED WARNINGS IN PARTICULAR NOTE THE DATE ON WHICH SHE WAS TOLD THAT SHE WAS DISMISSED 3EE PAGE 7HEN IS A DISMISSAL FAIR OR UNFAIR s !SK HER WHAT REASONS WERE GIVEN FOR HER DISMISSAL IF ANY 7HO DISMISSED HER s )F SHE WAS DISMISSED FOR MISCONDUCT ASK HER THE FOLLOWING QUESTIONS TO ESTABLISH THE SUBSTANTIVE AND PROCEDURAL FAIRNESS OF THE DISMISSAL n $ID SHE KNOW THE CONSEQUENCES OF BEING LATE n $O ALL PEOPLE WHO ARE LATE GET TREATED IN THE SAME WAY n 7HAT PREVIOUS WARNINGS OF MISCONDUCT HAS SHE HAD 7HEN WERE THEY GIVEN 7ERE THEY VERBAL OR WRITTEN 7HAT WERE THEY FOR 7HO HANDED OUT THE WARNINGS 3EE PAGE $ISMISSAL FOR MISCONDUCT s )F SHE WAS DISMISSED FOR INCAPACITY POOR PERFORMANCE ASK HER THE FOLLOWING QUESTIONS n 7HEN SHE WAS LATE WHAT IMPACT DID THIS HAVE ON HER PERFORMANCE AT WORK n 7AS SHE WARNED THAT HER LATENESS AT WORK WAS UNACCEPTABLE n 7AS SHE GIVEN THE CHANCE TO IMPROVE HER PERFORMANCE n 7AS SHE OFFERED ANY ALTERNATIVE OPTIONS FOR EXAMPLE STARTING WORK LATER AND WORKING IN HER LUNCH BREAK 3EE PAGE $ISMISSAL FOR INCAPACITY s 7AS SHE GIVEN A FAIR HEARING BEFORE BEING DISMISSED !SK THE FOLLOWING QUESTIONS n 7AS SHE GIVEN PROPER NOTICE OF THE HEARING BEFORE BEING DISMISSED n 7AS SHE TOLD WHAT THE CHARGES WERE AGAINST HER n $ID SHE GET A CHANCE TO PREPARE FOR THE HEARING 3EE PAGE 0ROCEDURAL FAIRNESS )F THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS g./g THEN THE DISMISSAL OF -AISIE MAY BE UNFAIR AND SHE SHOULD BE ABLE TO CHALLENGE IT )F SHE STILL WANTS TO GET HER JOB BACK THEN YOU CAN TAKE THE NEXT STEPS
#(!,,%.').' 4(% $)3-)33!, 2EFER THE UNFAIR DISMISSAL DISPUTE TO THE RELEVANT BODY FOR CONCILIATION s "ARGAINING #OUNCIL IF SHE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT s )F SHE IS COVERED BY A COLLECTIVE AGREEMENT SHE MUST FOLLOW THE DISPUTE RESOLUTION PROCEDURE IN THE AGREEMENT s OTHERWISE REFER THE MATTER TO THE ##-! 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
2ETRENCHMENT ! NUMBER OF EMPLOYEES ARE RETRENCHED FROM A LARGE PAPER FACTORY 4HEY ARE UNHAPPY ABOUT THE WAY THEY WERE TREATED -ANY OF THEM HAVE OVER TEN YEARS SERVICE WITH THE BUSINESS
7(!4 $/%3 4(% ,!7 3!9 4HE ,ABOUR 2ELATIONS !CT SAYS THAT A RETRENCHED EMPLOYEE MUST BE PAID AT LEAST WEEKgS WAGES FOR EVERY FULL YEAR THAT THE EMPLOYEE WORKED FOR THE EMPLOYER 4HIS SEVERANCE PAY IS MONEY PAID TO AN EMPLOYEE FOR LOSING A JOB WHEN THE EMPLOYEE IS NOT AT FAULT )F EMPLOYEES WERE NOT PAID SEVERANCE PAY OR WERE PAID TOO LITTLE THEY HAVE A CLEAR RIGHT WHICH MUST BE ENFORCED 4HE ,2! SETS DOWN RULES FOR EMPLOYERS WHO WANT TO RETRENCH EMPLOYEES )F THE EMPLOYER DOES NOT FOLLOW THESE RULES THEN THE EMPLOYER CAN BE GUILTY OF AN UNFAIR DISMISSAL 4HE ,ABOUR #OURT WILL NOT READILY REINSTATE EMPLOYEES WHO WERE RETRENCHED IF THE EMPLOYER CAN SHOW THAT IT WAS ABSOLUTELY NECESSARY TO RETRENCH THOSE EMPLOYEES "UT IF THE EMPLOYER DID NOT FOLLOW THE CORRECT PROCEDURES THE ,ABOUR #OURT CAN ORDER THE EMPLOYER TO PAY COMPENSATION MONEY TO THE EMPLOYEES 3EE PAGE 2ETRENCHMENT OR REDUNDANCY DISMISSAL FOR THE REASONS AND PROCEDURES EMPLOYERS MUST FOLLOW BEFORE RETRENCHMENT
7(!4 #!. 9/5 $/ &IND OUT FROM THE EMPLOYEES IF THEY WANT THEIR JOBS BACK OR TO GET COMPENSATION FOR LOSING THEIR JOBS OR IF THEY ONLY WANT TO CLAIM SEVERANCE PAY #ONSIDER ALL THE GUIDELINES FOR RETRENCHMENT GIVEN ABOVE 9OU MAY BELIEVE THAT THE RETRENCHMENT WAS UNFAIR OR THAT THE PROCEDURE THE EMPLOYER USED TO RETRENCH THE EMPLOYEES WAS NOT CORRECT 4HE MATTER MUST FIRST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION 3EE PAGE #ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL
)& #/.#),)!4)/. )3 5.35##%33&5, )F THE EMPLOYEES WANT SEVERANCE PAY THEN THE CASE MUST BE REFERRED TO THE ##-! FOR ARBITRATION )F EMPLOYEES WANT COMPENSATION OR TO GET THEIR JOBS BACK THEN THE MATTER MUST BE REFERRED TO THE ,ABOUR #OURT FOR ADJUDICATION 3EE PAGE !RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL PAGE !DJUDICATION BY THE ,ABOUR #OURT
%MPLOYEE DISMISSED FOR BEING DRUNK ON DUTY n WITH NO PREVIOUS RECORD OF DRUNKENNESS 3MUTS CLAIMS THAT HE WAS DISMISSED FOR BEING DRUNK ON DUTY (E SAYS THIS IS UNFAIR BECAUSE HE DENIES BEING DRUNK ON DUTY (E SAYS HE HAS NO RECORD OF MISCONDUCT AND ESPECIALLY NOT DRINKING (E ALSO SAYS HE WAS NOT GIVEN A HEARING BEFORE BEING DISMISSED (E WANTS YOU TO HELP HIM GET HIS JOB BACK 7HEN YOU TELEPHONE THE MANAGER 0ETER HE SAYS THAT HE HAS WITNESSES WHO SAW 3MUTS DRUNK ON DUTY 7HEN YOU ASK HIM WHY HE DID NOT GIVE 3MUTS A DISCIPLINARY HEARING 0ETER SAYS THAT THERE WAS NO WAY HE COULD HAVE GIVEN 3MUTS A HEARING n HE WAS TOO DRUNK AT THE TIME 3MUTS ADMITS THAT HE HAD BEEN DRINKING THE NIGHT BEFORE BUT HE HAD NOT DRUNK ANYTHING ON THE DAY THAT HE WAS DISMISSED
7(!4 $/%3 4(% ,!7 3!9 s "EING DRUNK ON DUTY IS AN ACT OF MISCONDUCT SO PROPER DISCIPLINARY PROCEDURES MUST BE USED TO WORK OUT WHETHER THE EMPLOYEE IS GUILTY OF BEING DRUNK ON DUTY AND TO DISCIPLINE THE EMPLOYEE s 4O DETERMINE WHETHER THE EMPLOYEE WAS DRUNK ON DUTY DOES NOT DEPEND ON THE EMPLOYER GIVING THE EMPLOYEE A BREATHALYSER TEST 4HIS ONLY MEASURES THE CONTENT OF THE ALCOHOL IN THE BLOOD 4HE BREATHALYSER TEST DOES NOT SAY WHETHER THE EMPLOYEE WAS DRUNK OR UNDER THE INFLUENCE OF ALCOHOL 9OU CAN ONLY WORK THIS OUT BY OBSERVING THE EMPLOYEEgS BEHAVIOUR 4HE EMPLOYEEgS BEHAVIOUR WILL TELL THE EMPLOYER WHETHER THE EMPLOYEE WAS TOO DRUNK TO CARRY OUT HIS OR HER JOB 4HE EMPLOYER WILL HAVE TO SAY HOW THE EMPLOYEEgS BEHAVIOUR SHOWED HE WAS TOO DRUNK TO CARRY ON WORKING &OR EXAMPLE DID THE EMPLOYEE SMELL OF ALCOHOL COULD THE EMPLOYEE WALK STRAIGHT WAS THE SPEECH SLURRED WERE THE EYES BLOODSHOT HOW RATIONAL OR IRRATIONAL WAS THE EMPLOYEE BEING WAS THE EMPLOYEE ACTING IN A STRANGE WAY WAS THE EMPLOYEE BEING AGGRESSIVE INSOLENT OR LOUD s 0ETER SHOULD NOT HAVE DISMISSED 3MUTS WITHOUT FIRST APPLYING CORRECTIVE AND PROGRESSIVE DISCIPLINE WITH THE AIM OF CORRECTING THE PROBLEM (E SHOULD HAVE FIRST GIVEN HIM A WARNING )F THE PROBLEM REPEATED ITSELF HE SHOULD HAVE INSTITUTED OTHER CORRECTIVE MEASURES LIKE COUNSELLING s 0ETER ALSO DID NOT FOLLOW A FAIR PROCEDURE TO DISMISS 3MUTS INCLUDING GIVING HIM FAIR NOTICE OF A DISCIPLINARY HEARING AND HOLDING THE HEARING 3EE PAGE $ISMISSAL FOR MISCONDUCT
7(!4 #!. 9/5 $/ 4HIS APPEARS TO BE A CLEAR CASE OF UNFAIR DISMISSAL 7RITE TO THE EMPLOYER DEMANDING THAT 3MUTS BE REINSTATED 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT )F 0ETER DOES NOT RESPOND TO THE LETTER ANDOR CONTINUES TO REFUSE TO GIVE 3MUTS HIS JOB BACK YOU CAN REFER AN UNFAIR DISMISSAL DISPUTE TO THE RELEVANT BODY WITHIN DAYS OF 3MUTS BEING DISMISSED s THE "ARGAINING #OUNCIL IF 3MUTS IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT s IF HE IS COVERED BY A COLLECTIVE AGREEMENT FOLLOW THE DISPUTE RESOLUTION PROCEDURE IN THE AGREEMENT s OTHERWISE REFER THE MATTER TO THE ##-! 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
%MPLOYEE DISMISSED FOR BEING DRUNK ON DUTY n THE EMPLOYEE IS SUFFERING FROM ALCOHOLISM -ANUEL AN EMPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY "ENNET THE MANAGER TELLS YOU THAT THIS IS NOT THE FIRST TIME THAT -ANUEL HAS BEEN DRUNK ON DUTY /N AT LEAST OCCASIONS IN THE PAST MONTHS THEY HAVE FOUND HIM PASSED OUT AT HIS DESK n TOO DRUNK TO MOVE (E WAS GIVEN DISCIPLINARY WARNINGS ON ALL THREE OCCASIONS "ENNET SAYS THIS IS THE @LAST STRAW AND HE DOES NOT WANT -ANUEL BACK
7(!4 $/%3 4(% ,!7 3!9 s )F THE EMPLOYEE OFTEN GETS DRUNK AND CANNOT DO THE JOB THEN THE EMPLOYEE MIGHT BE SUFFERING FROM ALCOHOLISM !LCOHOLISM IS A SICKNESS SO IF AN EMPLOYEE IS AN ALCOHOLIC THEN BEING DRUNK ON DUTY IS NOT MISCONDUCT BUT RATHER INCAPACITY IN OTHER WORDS THE EMPLOYEE IS INCAPABLE OF DOING THE JOB PROPERLY
s !LCOHOLISM IS RECOGNISED AS AN ILLNESS IN TERMS OF THE 5NEMPLOYMENT )NSURANCE !CT 4HIS !CT PROVIDES BENEFITS FOR ALCOHOLICS WHO ARE UNABLE TO WORK BECAUSE OF THEIR ILLNESS AS LONG AS THEY AGREE TO UNDERGO TREATMENT s "EFORE DISMISSING THE EMPLOYEE FOR INCAPACITY THE EMPLOYER MUST COUNSEL THE EMPLOYEE AND ASSIST HIM OR HER WITH GETTING MEDICAL TREATMENT IF NECESSARY s /NLY IF THE EMPLOYEEgS CONDITION DOES NOT IMPROVE OR THE EMPLOYEEgS ABILITY TO DO THE JOB PROPERLY DOES NOT IMPROVE SHOULD THE EMPLOYER THINK OF DISMISSING HIM OR HER s 4HE EMPLOYER MUST STILL BE ABLE TO PROVE THAT THERE WAS A FAIR REASON AND A FAIR HEARING BEFORE THE EMPLOYEE IS DISMISSED 3EE PAGE 7HEN IS A DISMISSAL FAIR OR UNFAIR
7(!4 #!. 9/5 $/ s &IND OUT FROM -ANUEL WHETHER IT IS TRUE THAT HE HAS BEEN GIVEN WARNINGS FOR BEING DRUNK ON DUTY s &IND OUT WHETHER HE RECEIVED ANY COUNSELLING FOR gPERSISTENT ALCOHOLIC TENDENCIESg s $ID -ANUEL HAVE A HEARING BEFORE BEING DISMISSED s )F THERE WAS NO COUNSELLING AND NO HEARING BEFORE BEING DISMISSED AND THE EMPLOYER REFUSES TO TAKE -ANUEL BACK THEN YOU SHOULD DECLARE A DISPUTE WITH THE EMPLOYER &OLLOW THE NORMAL STEPS FOR REINSTATEMENT TO GET HIS JOB BACK FOR HIM 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
#ONTRACT EMPLOYEES ARE DISMISSED BEFORE THE CONTRACT IS DUE TO TERMINATE *OE AND FIVE OTHER EMPLOYEES HAVE BEEN EMPLOYED BY A SUB CONTRACTING COMPANY 4HE EMPLOYER FROM THE COMPANY WHO HIRED THEM TOLD THE CONTRACTING EMPLOYEES THE CONTRACT WOULD RUN FOR WEEKS !FTER TWO WEEKS *OE AND ONE OTHER EMPLOYEE ARE PAID FOR THE WORK THEY HAVE DONE AND TOLD THAT THE FIRM NO LONGER NEEDS THEM FOR THE THIRD WEEK
7(!4 $/%3 4(% ,!7 3!9 *OE AND THE OTHER EMPLOYEES ENTERED INTO A THREE WEEK CONTRACT AND BOTH PARTIES ARE BOUND BY THIS CONTRACT OF EMPLOYMENT *OE AND THE OTHER EMPLOYEE HAVE BEEN UNFAIRLY DISMISSED 4HEY CAN CHALLENGE THE DISMISSAL IN TERMS OF THE ,ABOUR 2ELATIONS !CT ,2! 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
7(!4 #!. 9/5 $/ 9OU CAN HELP *OE AND HIS CO EMPLOYEE REFER THE CASE TO THE ##-! OR A "ARGAINING #OUNCIL FOR CONCILIATION MEDIATION 3EE PAGE 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL PAGE 3OLVING DISPUTES UNDER THE ,2!
#ONTRACT EMPLOYEES ARE NOT PAID OVERTIME 3HEZI IS EMPLOYED BY A SUB CONTRACTING COMPANY 4HE COMPANY HAS HIRED HER SERVICES OUT TO A FARMER WHERE SHE WORKS AS A PICKER !FTER TWO WEEKS OF WORKING ON THE FARM 3HEZI HAS NOT BEEN PAID FOR ANY OF THE OVERTIME SHE HAS WORKED 7HEN SHE ASKS THE FARMER FOR HER OVERTIME MONEY HE TELLS HER HE AGREED TO PAY A FLAT RATE TO THE SUB CONTRACTOR AND HE DOES NOT HAVE TO PAY ANY OVERTIME (E TELLS HER TO GO TO THE SUB CONTRACTOR 3HE GOES TO THE SUB CONTRACTOR WHO TELLS HER THAT THE OVERTIME HAS GOT NOTHING TO DO WITH HIM n SHE MUST GET PAYMENT FROM THE FARMER
7(!4 $/%3 4(% ,!7 3!9 3HEZI IS ENTITLED TO BE PAID OVERTIME IN TERMS OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! 3HE CAN CHOOSE TO CLAIM THIS EITHER FROM THE FARMER OR FROM THE SUB CONTRACTOR 4HE FARMER MUST OBVIOUSLY PAY THIS OVERTIME n HE CAN EITHER PAY THIS TO 3HEZI OR TO THE SUB CONTRACTOR WHO MUST PAY IT TO 3HEZI )F 3HEZI CLAIMS THE MONEY FROM THE SUB CONTRACTOR HE MUST PAY HER AND THEN CLAIM THE MONEY FROM THE FARMER BY REPORTING HIM TO THE $EPARTMENT OF ,ABOUR
7(!4 #!. 9/5 $/ 9OU CAN WRITE A LETTER TO THE FARMER AND THE SUB CONTRACTOR SETTING OUT 3HEZIS RIGHT TO OVERTIME PAY IN TERMS OF THE "#%! )F THE FARMER AND THE SUB CONTRACTOR REFUSE TO PAY THEN 3HEZI CAN REPORT EITHER THE SUB CONTRACTOR OR THE FARMER TO THE $EPARTMENT OF ,ABOUR )F 3HEZI MAKES A CLAIM AGAINST THE SUB CONTRACTOR THEN THE SUB CONTRACTOR CAN REPORT THE CASE TO THE $EPARTMENT OF ,ABOUR
#ASUAL EMPLOYEE IS NOT PAID SICK LEAVE &OR THE PAST YEAR 'ADIJA HAS WORKED EVERY 3ATURDAY AND 3UNDAY AS A CASUAL SHELF PACKER FOR 3HOPRITE 3HE WORKS UP TO HOURS ON A WEEKEND 3HE HAD A BAD FLU OVER ONE WEEKEND INFORMED HER MANAGER THAT SHE WAS TOO ILL TO WORK AND STAYED IN BED AT HOME %VEN THOUGH SHE PROVIDED A DOCTORS CERTIFICATE 3HOPRITE REFUSED TO PAY HER FOR THE DAYS SHE WAS ILL
7(!4 $/%3 4(% ,!7 3!9 'ADIJA IS PROTECTED BY THE "#%! WHICH SAYS THAT AN EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH EARNS ONE DAY SICK LEAVE FOR EVERY DAYS WORKED 3EE PAGE "#%! n 3ICK LEAVE
7(!4 #!. 9/5 $/ 7RITE A LETTER TO THE EMPLOYER SETTING OUT THE CIRCUMSTANCES AND STATING WHAT THE LAW SAYS ABOUT CASUAL EMPLOYEES AND SICK LEAVE 2EFER THEM TO THE RELEVANT SECTION IN THE "#%! )F THE EMPLOYER IGNORES THE LETTER REFER THE MATTER TO THE $EPARTMENT OF ,ABOUR
#ONTRACT EMPLOYEES CONTRACT HAS NOT BEEN RENEWED &OR THE PAST NINE MONTHS 4HAMI HAS BEEN EMPLOYED ON A THREE MONTH CONTRACT WHICH HAS BEEN RENEWED TWICE !T THE END OF THE THIRD THREE MONTH PERIOD HE IS TOLD THAT THE COMPANY WILL NOT BE RENEWING THE CONTRACT (OWEVER THE COMPANY EMPLOYS SOMEONE ELSE TO DO EXACTLY THE SAME JOB AS 4HAMI
7(!4 $/%3 4(% ,!7 3!9 "Y RENEWING 4HAMIS CONTRACT TWICE THE COMPANY HAS CREATED A REASONABLE EXPECTATION THAT THE CONTRACT WILL BE RENEWED AGAIN "Y ASKING 4HAMI TO LEAVE BECAUSE HIS CONTRACT IS UP WHILE REPLACING HIM WITH SOMEONE ELSE THIS MEANS THAT 4HAMI HAS IN FACT BEEN UNFAIRLY DISMISSED 4HIS IS AN UNFAIR DISMISSAL WHICH IS COVERED BY THE ,ABOUR 2ELATIONS !CT ,2! 4HAMI CAN CHALLENGE THE DISMISSAL IN TERMS OF THE ,2! 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
7(!4 #!. 9/5 $/ 9OU CAN HELP 4HAMI FIRST BY WRITING A LETTER TO THE EMPLOYER STATING THAT HE BELIEVES HE HAS BEEN UNFAIRLY DISMISSED )F THE EMPLOYER REFUSES TO REINSTATE HIM THEN YOU CAN HELP 4HAMI TO APPLY FOR REINSTATEMENT OR COMPENSATION THROUGH THE ##-! OR A "ARGAINING #OUNCIL 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK PAGE 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL 0AGE 3OLVING DISPUTES UNDER THE ,2!
!PPLICATION FOR 5)& BENEFITS IS TOO LATE )RIS WORKED AS A COOK AT THE ,ATE .ITE 2ESTAURANT FOR YEARS 3HE PAID INTO THE 5NEMPLOYMENT )NSURANCE &UND 5)& FOR YEARS 3HE IS DISMISSED FROM HER WORK ON &EBRUARY /N !UGUST SHE GOES TO THE $EPARTMENT OF ,ABOUR TO APPLY FOR UNEMPLOYMENT BENEFITS 3IX WEEKS LATER THEY TELL HER THAT SHE WILL GET NO BENEFITS BECAUSE HER APPLICATION IS TOO LATE 3HE COMES TO YOU FOR HELP
7(!4 $/%3 4(% ,!7 3!9 4HE 5NEMPLOYMENT )NSURANCE !CT SETS DOWN VERY STRICT RULES ABOUT TIME FOR APPLYING FOR BENEFITS 9OU GET MONTHS FROM THE TIME THAT YOU STOP WORKING TO APPLY FOR 5)& BENEFITS 3EE PAGE 5NEMPLOYMENT BENEFITS
7(!4 #!. 9/5 $/ 9OU MUST FIRST WORK OUT IF )RISgS APPLICATION IS LATE &IRST TAKE THE DATE )RIS WAS DISMISSED &EBRUARY 4HEN TAKE THE DATE SHE MADE HER APPLICATION !UGUST 7ORK OUT THE NUMBER OF MONTHS BETWEEN THESE TWO DATES &ROM &EBRUARY TO !UGUST MONTHS DAYS !CCORDING TO THE LAW )RIS IS TOO LATE TO APPLY FOR UNEMPLOYMENT BENEFITS 4HERE IS NOTHING YOU CAN DO TO HELP HER )T DOES NOT MATTER WHAT THE EXCUSES ARE FOR EXAMPLE THAT SHE DID GO TO THE OFFICE BUT SHE WAS FIRST TOLD TO GO AND LOOK FOR WORK )T WILL NOT HELP TO APPEAL AGAINST THE DECISION OF THE 5NEMPLOYMENT )NSURANCE "OARD
%MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5NEMPLOYMENT )NSURANCE &UND *ACKS EMPLOYER DID NOT REGISTER HIM AS A CONTRIBUTOR WITH THE 5NEMPLOYMENT )NSURANCE &UND 5)& 4HIS MEANS HE DID NOT PAY ANY CONTRIBUTION TO THE &UND
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS ALL EMPLOYERS MUST REGISTER ALL EMPLOYERS WITH THE 5NEMPLOYMENT )NSURANCE &UND AS SOON AS THEY START WORKING FOR THEM !N EMPLOYER MUST ALSO PAY OF AN EMPLOYEES WAGESALARY TO THE &UND EVERY MONTH IS DEDUCTED FROM THE EMPLOYEES SALARY AND IS PAID BY THE EMPLOYER 3EE PAGE (OW DO EMPLOYEES BECOME CONTRIBUTORS TO 5)&
7(!4 #!. 9/5 $/ *ACK MUST GO TO THE $EPARTMENT OF ,ABOUR AND REGISTER FOR UNEMPLOYMENT BENEFITS 4HE $EPARTMENT WILL DISCOVER THAT *ACKS EMPLOYER HAS NOT REGISTERED HIM AS A CONTRIBUTOR 4HEY WILL INVESTIGATE AND TAKE ACTION AGAINST THE EMPLOYER 4HE EMPLOYER WILL HAVE TO MAKE BACK PAYMENTS TO MAKE UP THE MONEY THAT SHOULD HAVE BEEN PAID TO THE &UND
&AILING TO SIGN THE 5NEMPLOYMENT REGISTER *ACK FINALLY MANAGES TO GET HIS APPLICATION FOR UNEMPLOYMENT BENEFITS ACCEPTED 7HEN HE RECEIVES THE FIRST CHEQUE HE IS TOLD TO COME AND SIGN THE UNEMPLOYMENT REGISTER EVERY WEEKS (E DOES THIS EVERY MONTH BUT MISSES ONE MONTH (E IS NOT PAID FOR THE TIME HE DID NOT SIGN THE REGISTER )S HE ENTITLED TO GET BENEFITS FOR THE TIME HE DID NOT SIGN THE REGISTER
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT ANYONE WHO HAS APPLIED FOR UNEMPLOYMENT BENEFITS MUST SIGN THE REGISTER TO SHOW THAT SHE OR HE IS STILL UNEMPLOYED AND LOOKING FOR WORK "UT IF THE EMPLOYEE CAN SHOW THAT SHE OR HE WAS NOT ABLE TO SIGN FOR A GOOD REASON FOR EXAMPLE BECAUSE OF BEING ILL AND IF THE EMPLOYEE WAS UNEMPLOYED DURING THAT PERIOD AND AVAILABLE FOR WORK THEN HE OR SHE SHOULD BE PAID FOR THE PERIOD NOT SIGNED )F THE EMPLOYEE WAS NOT ABLE TO SIGN BECAUSE OF BEING ILL SHE OR HE WILL HAVE TO PRODUCE A DOCTORgS LETTER )F THE EMPLOYEE DID NOT SIGN BECAUSE HE OR SHE WAS AWAY LOOKING FOR WORK THIS MIGHT NOT BE ACCEPTED AS A GOOD ENOUGH REASON NOT TO SIGN 4HE EMPLOYEE WILL HAVE TO RE REGISTER FOR 5)& BENEFITS AND START ALL OVER AGAIN 3EE PAGE 5NEMPLOYMENT BENEFITS
7(!4 #!. 9/5 $/ 9OU CAN WRITE A LETTER OF APPEAL TO THE $EPARTMENT OF ,ABOUR OFFICE IN YOUR AREA )F NO MONEY WAS PAID OUT AT ALL BECAUSE THE PERSON DID NOT SIGN THE REGISTER MORE THAN ONCE YOU CAN SEND A LETTER TO THE ,ABOUR HEAD OFFICE IN YOUR AREA ASKING THEM TO INVESTIGATE WHY NO BENEFITS WERE PAID AT ALL AND TO PAY OUT THE MONEY OWING TO THE APPLICANT 3EE PAGE 5)& APPEALS PAGE -ODEL LETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)& PAGE 2ESOURCES FOR ADDRESSES PAGE -ODEL LETTER TO 5)& BECAUSE BENEFITS HAVE NOT BEEN PAID
,ONG DELAY IN PAYING #OMPENSATION :AMA WORKED FOR A DELIVERY FIRM /N THE -ARCH ON HIS WAY TO DROP OFF AN ORDER HE WAS INVOLVED IN A MOTOR ACCIDENT (E SUFFERED SEVERE INJURIES IN THE ACCIDENT 7HEN HE WENT BACK TO WORK AFTER BEING IN HOSPITAL FOR WEEKS HIS EMPLOYER TOLD HIM THAT THERE WAS NO LONGER ANY WORK FOR HIM )T IS NOW A YEAR AFTER THE ACCIDENT HAPPENED :AMA STILL HAS NOT RECEIVED ANY #OMPENSATION (IS EMPLOYER HAS NOT PAID HIM ANYTHING SINCE THE DATE OF THE ACCIDENT :AMA STILL HAS NOT RECEIVED ANY #OMPENSATION (IS EMPLOYER HAS NOT PAID HIM ANYTHING SINCE THE DATE OF THE ACCIDENT
7(!4 $/%3 4(% ,!7 3!9 :AMAgS ACCIDENT HAPPENED DURING THE gCOURSE AND SCOPE OF HIS DUTIESg SO HE IS COVERED BY THE #OMPENSATION &UND 3EE PAGE 7HO CAN CLAIM COMPENSATION FROM THE &UND 4HE EMPLOYER MUST REPORT THE ACCIDENT TO THE #OMPENSATION &UND ON &/2- 7#, AS SOON AS IT HAPPENS 4HE DOCTOR MUST FILL IN &/2- 7#, AFTER THE FIRST VISIT BY THE INJURED EMPLOYEE 3EE PAGE 3TEPS TO CLAIM DISABILITY !N EMPLOYER HAS TO PAY COMPENSATION THAT HE WOULD NORMALLY RECEIVE FROM THE #OMMISSIONER TO THE INJURED EMPLOYEE FOR THE FIRST MONTHS FROM THE DATE OF THE OCCUPATIONAL INJURY 4HE #OMPENSATION &UND WILL REPAY THE EMPLOYER FOR THE MONEY THAT WAS PAID
4HE EMPLOYER ALSO OWES :AMAgS WAGES NOTICE PAY AND ANY OUTSTANDING LEAVE PAY 4HE EMPLOYER SHOULD ALSO HAVE FOLLOWED CERTAIN PROCEDURES TO DISMISS HIM AND HAVE HAD A GOOD REASON TO DISMISS HIM 3EE PAGE "#%! .OTICE PAGE $ISMISSALS
7(!4 #!. 9/5 $/ s :AMA CAN CLAIM THE FIRST MONTHS SALARY FROM HIS EMPLOYER AFTER SUFFERING FROM THE INJURY THE COMMISSIONER WILL REPAY THIS TO THE EMPLOYER s 9OU MUST FIND OUT FROM THE #OMPENSATION OFFICE WHETHER THE ACCIDENT WAS REPORTED BY THE EMPLOYER 4ELEPHONE THE #OMPENSATION OFFICE AND ASK FOR THE )NDEX OFFICER 'IVE THE NAME OF THE EMPLOYEE THE DATE OF THE ACCIDENT AND THE NAME OF THE COMPANY 4HE OFFICER WILL LOOK IT UP ON THE )NDEX AND WILL BE ABLE TO TELL YOU IF THE ACCIDENT WAS REPORTED OR NOT )F IT WAS REPORTED ASK FOR THE CLAIM NUMBER /R YOU CAN WRITE A LETTER TO THE #OMPENSATION #OMMISSIONER AND INCLUDE ALL THE INFORMATION MENTIONED ON PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED !LWAYS INCLUDE THE CLAIM NUMBER IF YOU HAVE IT !LSO INCLUDE A COMPLETED &/2- 7#, WHICH WILL SAVE THE EMPLOYEE TIME IF THE ACCIDENT HAS NOT BEEN REPORTED 3EE PAGE #OMPENSATION &ORM 7#, s )F THE EMPLOYER DID NOT REPORT THE ACCIDENT THE #OMPENSATION #OMMISSIONER WILL SEND A 7#, FORM TO YOU 4HE EMPLOYEE MUST COMPLETE THIS 4HE #OMPENSATION #OMMISSIONER WILL TAKE ACTION AGAINST THE EMPLOYER FOR NOT REPORTING THE ACCIDENT s )F THE ACCIDENT WAS REPORTED SEND A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM WHY THERE HAS BEEN SUCH A LONG DELAY IN PAYING OUT THE COMPENSATION #HECK THAT THE #OMMISSIONER HAS ALL THE CORRECT ADDRESSES 3EE PAGE -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING 4HE #OMPENSATION #OMMISSIONER MUST TELL YOU EXACTLY WHAT IS CAUSING THE DELAY 4HEY MAY ASK YOU TO SEND THEM A MISSING FORM OR GIVE THEM THE CORRECT ADDRESS OF THE EMPLOYEE s 9OU CAN TRY TO GET :AMAgS WAGES NOTICE PAY AND ANY OUTSTANDING LEAVE PAY FROM THE EMPLOYER 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY s :AMA MAY HAVE BEEN UNFAIRLY DISMISSED AND HE SHOULD THEREFORE TAKE ACTION AGAINST HIS EMPLOYER (OWEVER HE HAS MISSED THE DEADLINE FOR LODGING A DISPUTE WITH THE ##-! SO HE WILL HAVE TO APPLY FOR CONDONATION IN ORDER TO MAKE A LATE APPLICATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 3OLVING DISPUTES UNDER THE ,2! PAGE 0ROBLEM %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
%MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY !N EMPLOYEE WHO WAS PERMANENTLY DISABLED RECEIVED A LUMP SUM CHEQUE FROM THE #OMPENSATION #OMMISSIONER BUT DOES NOT FEEL THAT SHE WAS PAID THE CORRECT AMOUNT OF COMPENSATION MONEY
7(!4 $/%3 4(% ,!7 3!9 &OR ALL TYPES OF DISABILITY TEMPORARY AND PERMANENT THERE ARE CERTAIN WAYS OF WORKING OUT WHETHER THE COMPENSATION MONEY HAS BEEN CORRECTLY CALCULATED &OR PERMANENT DISABILITIES A LIST OF PERCENTAGE DISABILITIES SAYS HOW MUCH COMPENSATION WILL BE PAID FOR EACH FORM OF DISABILITY )T IS UP TO THE #OMPENSATION #OMMISSIONER TO DECIDE WHAT PERCENTAGE DISABILITY THE EMPLOYEE HAS BASED ON THE MEDICAL REPORTS FROM THE DOCTOR WHO TREATS THE EMPLOYEE 3EE PAGE 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE
7(!4 #!. 9/5 $/ s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM FOR THE DETAILS OF HOW THEY CALCULATED THE COMPENSATION MONEY 2EMEMBER TO INCLUDE THE CLAIM NUMBER AND ALL THE IMPORTANT DETAILS ABOUT THE CLAIM WHICH YOU CAN FIND ON PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING s 2EAD 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE ON PAGE TO CALCULATE WHETHER THE COMPENSATION MONEY WAS CORRECTLY CALCULATED )F IT SEEMS THAT THE DOCTOR MADE A MISTAKE WITH THE PERCENTAGE DISABILITY THE EMPLOYEE HAS A RIGHT TO A SECOND OPINION FROM ANOTHER DOCTOR 4HIS IS CALLED A RE ASSESSMENT OF THE INJURY s 4HE EMPLOYEE CAN GET A SECOND OPINION FROM AN INDEPENDENT DOCTOR BUT THE EMPLOYEE MUST PAY THIS DOCTOR s 3END THE SECOND OPINION TO THE #OMPENSATION #OMMISSIONER 4HEY WILL ASSESS IT AND DECIDE WHETHER TO RE OPEN THE CASE )F THE #OMPENSATION #OMMISSIONER DECIDES THAT THE EMPLOYEE SHOULD HAVE GOT MORE MONEY THE EMPLOYEE WILL BE REFUNDED s )F THE EMPLOYEE WISHES TO OBJECT TO A DECISION OF THE #OMMISSIONER AN OBJECTION MUST BE SENT WITHIN DAYS OF THE #OMMISSIONERgS DECISION )NCLUDE THE CLAIM NUMBER AND ALL THE DETAILS OF THE EMPLOYEEgS CLAIM AS LISTED ON PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
)NJURED EMPLOYEE IS OFF WORK AND IS NOT GETTING PAID "ETHUEL WAS INJURED IN AN ACCIDENT AT WORK (E HAS NOT BEEN PAID FOR THE PAST SIX WEEKS AND THE DOCTOR TOLD HIM TO REST FOR ANOTHER TWO WEEKS (E COMES TO YOU WITH HIS PROBLEM BECAUSE HE SAYS HE AND HIS FAMILY CANNOT SURVIVE WITHOUT HIS WEEKLY WAGE "ETHUEL EARNS 2 PER WEEK
7(!4 $/%3 4(% ,!7 3!9 "ETHUEL HAS TO STAY COMPLETELY OFF WORK BUT HE WILL BE ABLE TO GO BACK TO WORK LATER 3O HE HAS A TOTAL TEMPORARY DISABILITY 4HE EMPLOYER SHOULD PAY "ETHUEL FOR THE FIRST MONTHS FROM THE DATE OF HIS INJURY 4HIS WILL BE REPAID TO THE EMPLOYER OUT OF THE COMPENSATION PAID TO "ETHUEL 3EE PAGE (OW IS THE COMPENSATION MONEY PAID
7(!4 #!. 9/5 $/ s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM ABOUT THE DELAYS IN PAYING "ETHUEL HIS COMPENSATION 3EE PAGE -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING s !DVISE "ETHUELgS EMPLOYER TO PAY HIM COMPENSATION FOR THE FIRST MONTHS .OTE THAT "ETHUEL GETS COMPENSATION INSTEAD OF HIS WAGES NOT AS WELL AS HIS WAGES 7ORK OUT HOW MUCH THE #OMPENSATION MONEY SHOULD BE GIVEN THAT "ETHUEL IS PAID WEEKLY 3EE PAGE 4EMPORARY DISABILITY 4HE FORMULA FOR WORKING OUT COMPENSATION IS -ULTIPLY WEEKLY WAGE BY 2 X 2 PER MONTH -ONTHLY WAGE X 2 X 2 "ETHUEL WILL GET PAID 2 PER MONTH FROM THE #OMPENSATION &UND FOR 4OTAL 4EMPORARY $ISABILITY
4HE EMPLOYER SHOULD BE PAYING "ETHUEL THIS #OMPENSATION AMOUNT FOR THE FIRST MONTHS HE WILL GET THIS BACK FROM THE COMPENSATION PAID OUT 4HE EMPLOYER ALREADY OWES "ETHUEL FOR THE FIRST MONTH )F THE EMPLOYER REFUSES REPORT THE MATTER TO THE #OMPENSATION #OMMISSIONER s !LL DOCTORgS AND HOSPITAL BILLS AND ANY MEDICINES NEEDED WILL BE PAID BY THE #OMMISSIONER )F THE EMPLOYER HAS REPORTED THE ACCIDENT PROPERLY DOCTORS AND HOSPITALS WILL SEND THEIR ACCOUNTS DIRECT TO THE #OMMISSIONER )F THIS HAS NOT HAPPENED "ETHUEL MUST KEEP ALL SLIPS AND ACCOUNTS 9OU CAN HELP HIM CLAIM THEM BACK FROM THE #OMMISSIONER
%MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB 7HILE WORKING ON A BUILDING SITE TWO WEEKS AGO 0IET WAS STANDING ON A LADDER WHICH SLIPPED (E FELL AND BROKE BOTH ARMS 4HIS IS ONLY A TEMPORARY DISABILITY BUT HE CANNOT DO ANY WORK UNTIL THE BROKEN ARMS HAVE HEALED WHICH COULD BE ANOTHER WEEKS 7HEN HE TELEPHONES HIS EMPLOYER SHE TELLS 0IET THAT HIS JOB HAS ALREADY BEEN FILLED 4HE EMPLOYER SAYS SHE CANNOT WAIT FOR 0IET TO GET BETTER 0IET SAYS THIS IS UNFAIR BECAUSE THE ACCIDENT WAS NOT HIS FAULT (E COMES TO YOU FOR HELP
7(!4 $/%3 4(% ,!7 3!9 4HE EMPLOYER CAN ONLY DISMISS 0IET FOR A GOOD REASON AND BY FOLLOWING PROPER PROCEDURES 0IET HAS A RIGHT TO BE REINSTATED WHEN HE IS WELL AGAIN 0IET CAN ALSO CLAIM #OMPENSATION BECAUSE THE ACCIDENT HAPPENED WHILE HE WAS WORKING 4HE EMPLOYER SHOULD HAVE REPORTED THE ACCIDENT TO THE #OMPENSATION #OMMISSIONER 3EE PAGE $ISMISSALS PAGE #OMPENSATION &UND )F 0IET STAYS OFF WORK FOR A LONG TIME AND IS UNABLE TO EVEN DO LIGHTER WORK THEN THE EMPLOYER CAN GO THROUGH THE CORRECT DISMISSAL PROCEDURES AND DISMISS 0IET FOR INCAPACITY BECAUSE HE IS UNABLE TO DO HIS JOB )F AN EMPLOYEE IS PERMANENTLY DISABLED AS A RESULT OF AN INJURY AT WORK THIS EMPLOYEE WILL NEVER BE ABLE TO PERFORM HIS OR HER OLD DUTIES AGAIN )F THE EMPLOYEE CAN DO LIGHT DUTIES THEN YOU SHOULD ASK THE EMPLOYER TO GIVE THE EMPLOYEE LIGHT DUTIES )T MAY BE VERY DIFFICULT FOR A PERMANENTLY DISABLED EMPLOYEE TO FIND WORK ANYWHERE ELSE
7(!4 #!. 9/5 $/ "ECAUSE THE DISABILITY IS ONLY TEMPORARY YOU SHOULD TELEPHONE THE EMPLOYER AND ASK HER TO EMPLOY THE OTHER PERSON IN 0IETgS PLACE ON A TEMPORARY BASIS ONLY n UNTIL 0IET RECOVERS )F THE EMPLOYER DISMISSES 0IET YOU CAN REFER THE MATTER TO THE ##-! AS A CLAIM FOR UNFAIR DISMISSAL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
%MPLOYEEgS #OMPENSATION HAS BEEN REFUSED 4HE #OMPENSATION &UND OFFICE REFUSED TO PAY ANY #OMPENSATION TO AN EMPLOYEE 4HEY GAVE NO REASONS FOR THEIR REFUSAL
7(!4 $/%3 4(% ,!7 3!9 s #ERTAIN EMPLOYERS DO NOT HAVE TO CONTRIBUTE TO THE &UND 3O THEIR EMPLOYEES ARE NOT COVERED BY THE &UND 3EE PAGE 7HO CONTRIBUTES TO THE &UND s 4HE #OMPENSATION &UND PAYS COMPENSATION FOR ALL ACCIDENTS WHICH HAPPEN gIN THE COURSE AND SCOPE OF DUTYg BUT THERE ARE CIRCUMSTANCES WHERE THE #OMPENSATION #OMMISSIONER WILL NOT PAY #OMPENSATION 3EE PAGE 7HO CAN CLAIM COMPENSATION FROM THE &UND
7(!4 #!. 9/5 $/ s #HECK THAT THE EMPLOYER WAS CONTRIBUTING TO THE #OMPENSATION &UND AND THAT THE EMPLOYEE WAS INJURED IN HER WORK AND THAT SHE DOES NOT FALL INTO ANY OF THE CATEGORIES FALLING OUTSIDE OF THE SCOPE OF THE #OMPENSATION &UND s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM FOR THEIR REASONS FOR REFUSING TO PAY #OMPENSATION 3EE PAGE -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING s )F THE EMPLOYEE WISHES TO OBJECT TO A DECISION OF THE #OMMISSIONER AN OBJECTION MUST BE SENT TO THE #OMPENSATION #OMMISSIONER WITHIN DAYS OF THE DECISION 3EE PAGE /BJECTIONS AND APPEALS 2EMEMBER TO INCLUDE ALL THE NECESSARY DETAILS OF THE EMPLOYEE AS LISTED ON PAGE IN -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
%MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE ! NUMBER OF EMPLOYEES WORKING IN AN ASBESTOS FACTORY ARE SUFFERING FROM SIMILAR PHYSICAL CONDITIONS WHICH THEY BELIEVE IS A RESULT OF WORKING IN AN ENVIRONMENT OF ASBESTOS 4HIS IS CONFIRMED BY THE DOCTOR WHO IS ATTENDING TO THEM 7HAT HELP CAN THEY RECEIVE
7(!4 $/%3 4(% ,!7 3!9 %MPLOYEES WHO SUFFER FROM SICKNESSES AS A RESULT OF THE WORK THEY DO OR THE ENVIRONMENT THEY HAVE BEEN WORKING IN ARE COVERED BY THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT FOR THE NON MINING INDUSTRY OR THE /CCUPATIONAL $ISEASES -INE %MPLOYEES !CT FOR THE MINING INDUSTRY 4HESE ARE CALLED OCCUPATIONAL DISEASES 4HERE IS SOMETIMES A LONG PERIOD BETWEEN THE EXPOSURE AT WORK AND THE DISEASE WHICH MAKES IT DIFFICULT TO CONNECT THE DISEASE WITH THE WORK EXPOSURE
7(!4 #!. 9/5 $/ !SSIST THE EMPLOYEES WITH MAKING A CLAIM FOR COMPENSATION FROM THE #OMPENSATION &UND 3EE PAGE #OMPENSATION &UND
-/$%, #/.42!#4 /& %-0,/9-%.4 #/.42!#4 /& %-0,/9-%.4
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HEREAFTER CALLED gTHE %MPLOYEEg )T IS HEREBY AGREED THAT THE #OMPANY WILL EMPLOY THE %MPLOYEE AS A *OB GRADE IN ITS $EPARTMENT AT A RATE OF 2 PER DAY $!4% /& %.'!'%-%.4 4HE DATE OF COMMENCEMENT OF EMPLOYMENT IS 02/"!4)/. $URING THE lRST THREE MONTHS OF EMPLOYMENT THE EMPLOYEE WILL SERVE A PROBATION PERIOD (ISHER PERFORMANCE AND SUITABILITY FOR THE POSITION WILL BE ASSESSED DURING THIS TIME )F DURING THE lRST MONTH OF PROBATION THE %MPLOYEES PERFORMANCE IS REGARDED AS BEING UNACCEPTABLE DESPITE ATTEMPTS TO COUNSEL THE EMPLOYEE THEN THE EMPLOYEES CONTRACT MAY BE TERMINATED AS PER SECTION THREE BELOW 4%2-).!4)/. /& %-0,/9-%.4 4HE COMPANY AND THE EMPLOYEE MAY TERMINATE THIS AGREEMENT ON THE FOLLOWING BASIS BY GIVING ONE WEEKS NOTICE IN WRITING DURING THE lRST SIX MONTH PERIOD OF EMPLOYMENT BY GIVING TWO WEEKS NOTICE IN WRITING WHERE THE EMPLOYEE HAS BEEN EMPLOYED FOR MORE THAN SIX MONTHS BUT NOT MORE THAN ONE YEAR AND FOUR WEEKS NOTICE WHERE EMPLOYMENT HAS BEEN LONGER THAN MONTHS EITHER THE COMPANY OR THE EMPLOYEE MAY SUMMARILY TERMINATE THIS AGREEMENT WITHOUT PROVIDING DUE NOTICE ON ANY GROUNDS CONSIDERED APPROPRIATE UNDER THE LAW BY BOTH AGREEING TO TERMINATE WHERE AN EMPLOYEE IS ABSENT FOR FOUR WORKING DAYS IN A ROW AND HAS NOT NOTIlED THE COMPANY OR GIVEN ANY INDICATION THAT HE OR SHE INTENDS TO RETURN THEN THE CONTRACT CAN BE TERMINATED IMMEDIATELY ON GROUNDS OF DESERTION $54)%3 4HE EMPLOYEE MUST PERFORM HIS OR HER DUTIES AS DESCRIBED IN THE JOB DESCRIPTION AS WELL AS ANY TASKS WHICH HE SHE MAY REASONABLY BE ASKED TO DO 7!'%3 4HE COMPANY SHALL PAY THE EMPLOYEE THE RATE INDICATED IN THIS CONTRACT 0AYMENT SHALL BE MADE EVERY WEEK IN ARREARS 4HE COMPANY AND THE EMPLOYEE ACCEPT THAT THE WAGE RATE WILL ONLY BE REVIEWED ONCE A YEAR DURING /#4/"%2 AND THAT THIS REVIEW WILL BE BASED ON THE PERFORMANCE OF BOTH THE COMPANY AND THE EMPLOYEE DURING THE PREVIOUS MONTH PERIOD
7/2+).' (/523 !.$ &,%8)"),)49 4HE EMPLOYEE SHALL BE REQUIRED TO WORK UP TO NINE HOURS PER DAY EXCLUDING MEAL BREAKS AND SHALL REMAIN AT WORK BETWEEN THE HOURS SPECIlED BY MANAGEMENT ON ANY DAY .ORMAL WORKING HOURS SHALL BE FROM H UNTIL H -ONDAY TO &RIDAY )T IS ACCEPTED THAT START AND lNISH TIMES MAY BE ALTERED IN LINE WITH OPERATIONAL REQUIREMENTS AND AS DETERMINED BY THE MANAGER FROM TIME TO TIME ! lFTEEN MINUTE TEA INTERVAL SHALL BE GRANTED NOT LATER THAN H MORNING AND H AFTERNOON DAILY AND SHALL BE TAKEN AS DETERMINED BY MANAGEMENT IN KEEPING WITH THE OPERATIONAL REQUIREMENTS OF THE DEPARTMENT ! LUNCH BREAK OF ONE HOUR SHALL BE TAKEN BETWEEN H AND H DAILY -EAL INTERVALS ARE NOT REGARDED AS PAID WORKING HOURS
4HE EMPLOYEE ACCEPTS THAT OVERTIME AND SHIFT WORKING INCLUDING WEEKEND WORK ARE AN ESSENTIAL PART OF EMPLOYMENT THE EMPLOYEE AGREES TO WORK OVERTIME AS MAY BE REASONABLY REQUIRED BY THE COMPANY 7HERE OVERTIME IS WORKED THE EMPLOYEE SHALL BE PAID AT TIME AND A HALF OF THE NORMAL HOURLY WAGE
0AYMENT FOR OVERTIME SHALL ONLY BE MADE WHERE THE EMPLOYEE WORKS MORE THAN HOURS IN ANY PAY WEEK ,%!6% 0!9-%.4 4HE EMPLOYEE SHALL BE ENTITLED TO WORKING DAYS LEAVE AFTER MONTHS CONTINUOUS EMPLOYMENT CALCULATED AT DAYS FOR EACH COMPLETED MONTH OF SERVICE !N EMPLOYEE ABSENT DURING THE YEAR WITHOUT PERMISSION WILL HAVE HISHER LEAVE CALCULATED ON THE BASIS OF PRO RATA LEAVE FOR THE PERIOD WORKED )T IS ACCEPTED THAT ANNUAL LEAVE WILL BE SCHEDULED BY THE EMPLOYER TO MEET ITS MANNING REQUIREMENTS AND WILL NORMALLY BE TAKEN DURING THE LOW SEASON -%$)#!, ,%!6% 7HERE THE EMPLOYEE IS UNABLE TO WORK ON THE GROUNDS OF GENUINE MEDICAL INCAPACITY WHICH HAS NOT BEEN CAUSED BY THE EMPLOYEES NEGLIGENCE OR MISCONDUCT THEN HESHE IS ENTITLED TO PAID SICK LEAVE $URING THE lRST MONTHS OF EMPLOYMENT THE EMPLOYEE IS ENTITLED TO ONE DAY SICK LEAVE FOR EVERY COMPLETED DAYS OF SERVICE !FTER THE lRST SIX MONTHS OF EMPLOYMENT THE EMPLOYEE IS ENTITLED TO DAYS SICK LEAVE IN ANY MONTH CYCLE 4HE EMPLOYEE MUST HAND IN A MEDICAL CERTIlCATE FOR ANY PERIOD OF ABSENCE THAT IS LONGER THAN DAYS /N THE DAYS WHEN THE EMPLOYEE IS ABSENT HE OR SHE MUST NOTIFY HE IMMEDIATE SUPERVISOR BY ( REGARDING THE REASON FOR ABSENCE AND HOW LONG THE EMPLOYEE BELIEVES HE OR SHE WILL BE ABSENT 4HE EMPLOYEE ACCEPTS THAT THE COMPANY IS DEPENDENT ON THE EMPLOYEE REGULARLY ATTENDING WORK AND IF HE OR SHE IS CONSTANTLY ABSENT BECAUSE OF ILLNESS THEN THIS WILL MAKE THE EMPLOYEE UNSUITABLE FOR EMPLOYMENT IN THE DEPARTMENT AND COULD RESULT IN THE TERMINATION OF HISHER SERVICES ON THE GROUNDS OF INCAPACITY 4HE EMPLOYEE ACCEPTS THAT IF NECESSARY HESHE WILL GO FOR A MEDICAL TEST BY A DOCTOR APPOINTED AND PAID FOR BY THE COMPANY 4HE RESULTS OF THE EXAMINATION WILL BE DISCLOSED CONlDENTIALITY TO THE COMPANYS MEDICAL OFlCER 4HE EMPLOYEE UNDERTAKES TO BRING TO MANAGEMENTS ATTENTION ANY DISEASE AILMENT OR DISABILITY WHICH HESHE BECOMES AWARE OF WHICH COULD IN ANY WAY IMPACT ON THE HEALTH AND SAFETY OF FELLOW WORKERS THE PROVISIONS OF THE (EALTH AND 3AFETY !CT OR HISHER ABILITY TO PROPERLY PERFORM THE JOB &!-),9 2%30/.3)"),)49 ,%!6% 4HE EMPLOYEE SHALL BE ENTITLED TO THREE DAYS PAID LEAVE DURING EVERY MONTHS OF SERVICE WHICH MAY BE USED WHEN THE EMPLOYEES CHILD IS BORN WHEN THE EMPLOYEES CHILD IS SICK WHEN ONE OF THE FOLLOWING PERSONS DIE SPOUSE OR LIFE PARTNER PARENTS ADOPTIVE PARENTS GRAND PARENTS CHILDREN ADOPTED CHILDREN GRAND CHILDREN OR SIBLINGS )T IS THE RESPONSIBILITY OF THE EMPLOYEE TO BRING PROOF OF THE REASON FOR LEAVE )F NO PROOF IS GIVEN THEN THE LEAVE TAKEN WILL BE UNPAID AND WILL BE REGARDED AS UNAUTHORISED LEAVE WHICH MAY RESULT IN DISCIPLINARY ACTION
-/$%, #/.42!#4 /& %-0,/9-%.4 CONTINUED 5)& 4HE COMPANY AND THE EMPLOYEE WILL BOTH CONTRIBUTE ACCORDING TO THE PROVISIONS OF THE !CT ONCE THE EMPLOYEE HAS PROVIDED A VALID )$ DOCUMENT TO THE EMPLOYER #/-0!.9 25,%3 !.$ 2%'5,!4)/.3 4HE EMPLOYEE UNDERTAKES TO READ AND FOLLOW THE FOLLOWING POLICIES AND PROCEDURES AS AMENDED FROM TIME TO TIME #OMPANY $ISCIPLINARY #ODE OF "EHAVIOUR AND THE $ISCIPLINARY 0ROCEDURE #OMPANY 'RIEVANCE AND $ISPUTE 0ROCEDURE #OMPANY REGULATIONS REGARDING ,EAVE AND !BSENCE 0ROCEDURES #OMPANY RULES RELATING TO 0ROTECTIVE #LOTHING 4HE (EALTH AND 3AFETY REGULATIONS OF THE COMPANY $%$5#4)/.3 4HE EMPLOYEE ACCEPTS THAT ANY OUTSTANDING LOANS OWING TO THE COMPANY OR TAKEN FROM THE COMPANY WILL BE DEDUCTED FROM THE EMPLOYEES EARNINGS OR ANY LEAVE ENTITLEMENT OR BONUS ACCRUING TO THE EMPLOYEE 4HE EMPLOYEE ALSO AGREES THAT THE COMPANY MAY MAKE DEDUCTIONS OF UP TO ONE QUARTER OF THE EMPLOYEE WAGES IN TERMS OF SECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT TO REPAY THE COMPANY FOR THE LOSS OR DAMAGE CAUSED BY THE EMPLOYEES ACTIONS PROVIDED THIS HAS BEEN ESTABLISHED DURING A DISCIPLINARY HEARING !#+./7,%$'%-%.4 4HE EMPLOYEE ACKNOWLEDGES HISHER APPOINTMENT AND THAT HESHE FULLY UNDERSTANDS THE TERMS OF SUCH CONTRACT WHICH HAVE BEEN EXPLAINED TO HIMHER AND FULLY TRANSLATED
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*/" $%3#2)04)/. .AME 0HYSICAL !DDRESS #OMPANY 0OSITION +EY PERFORMANCE AREAS THE KEY ELEMENTS OF THE EMPLOYEES JOB THAT HE OR SHE WILL BE MEASURED AGAINST #OMMENCEMENT DATE 4OTAL COST TO THE #OMPANY
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&ULL NAME AND ADDRESS OF EMPLOYER
9ES
.AME AND OCCUPATION OF EMPLOYEE
9ES
"RIEF DESCRIPTION OF THE WORK
9ES
0LACE OF WORK
9ES
$ATE ON WHICH EMPLOYMENT BEGAN
9ES
/RDINARY HOURS OF WORK AND DAYS OF WORK
9ES
%MPLOYEES SALARY
9ES
4HE RATE OF PAY FOR OVERTIME WORK
!S PROVIDED IN "#%!
/THER CASH PAYMENTS
.!
!NY PAYMENT IN KIND
9ES
&REQUENCY OF REMUNERATION
9ES
$EDUCTIONS TO BE MADE
9ES
,EAVE TO WHICH EMPLOYEE IS ENTITLED
9ES
0ERIOD OF NOTICE REQUIRED TO TERMINATE
9ES
$ESCRIPTION OF ANY COUNCIL OR SECTORAL DETERMINATION
.!
!NY PERIOD OF EMPLOYMENT WITH A PREVIOUS EMPLOYER
.!
!NY OTHER DOCUMENTS THAT FORM PART OF THE CONTRACT
9ES
7HERE SUCH DOCUMENTS ARE REASONABLY ACCESSIBLE
9ES
-/$%, ,%44%23 ,ETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT ! DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION WITHIN DAYS OF THE DISMISSAL SO GET THE LETTER REQUESTING REINSTATEMENT TO THE EMPLOYER IMMEDIATELY %8!-0,%
*ANUARY
4HE -ANAGER -ARIOgS 5PHOLSTERING -AIN 3TREET 5PINGTON
2%')34%2%$
$EAR 3IR 2% -2 !.$2% 0)%4%23/. n 4%2-).!4)/. /& 3%26)#%3 /N -ONDAY TH *ANUARY WE SPOKE ON THE TELEPHONE REGARDING THE DISMISSAL OF -R 0IETERSON BY YOURSELF ON THE TH *ANUARY ) HAVE NOW DISCUSSED THE MATTER FURTHER WITH -R 0IETERSEN AND HE HAS ASKED US TO WRITE TO YOU AS FOLLOWS -R 0IETERSON ADVISES US THAT HE WAS TAKEN BY SURPRISE BY THE TERMINATION OF HIS SERVICES )N OUR TELEPHONE CONVERSATION ABOUT -R 0IETERSON YOU TOLD ME THAT HE HAD NOT BEEN DISMISSED 9OU SAID THERE WAS A NEED TO REDUCE STAFF SO -R 0IETERSON HAD BEEN RETRENCHED BY THE COMPANY )F THIS IS THE CASE THEN IT APPEARS THAT YOU HAVE NOT COMPLIED WITH ALL THE GUIDELINES AND STANDARDS REGARDING RETRENCHMENT AS LAID DOWN BY THE ,ABOUR 2ELATIONS !CT 9OU HAVE NOT COMPLIED WITH THE REQUIREMENTS FOR RETRENCHMENT IN THE FOLLOWING WAYS A BY NOT GIVING -R 0IETERSON REASONABLE NOTICE OF THE NEED FOR THE PROPOSED RETRENCHMENT BEFORE THE DECISION TO RETRENCH WAS TAKEN B BY NOT CONSULTING WITH THE EMPLOYEES OR THEIR REPRESENTATIVES ON THE PROPOSED NEED TO RETRENCH EMPLOYEES C BY NOT TAKING ALL REASONABLE STEPS TO AVOID THE RETRENCHMENT D BY NOT APPLYING FAIR AND REASONABLE CRITERIA IN SELECTING STAFF TO RETRENCH E BY NOT GIVING -R 0IETERSON REASONABLE NOTICE OF YOUR INTENTION TO RETRENCH SO AS TO ENABLE HIM TO MAKE ALTERNATIVE PLANS FOR EMPLOYMENT )F THE DISMISSAL OF -R 0IETERSON OCCURRED FOR REASONS OTHER THAN REDUCTION OF STAFF WE SHOULD LIKE TO DRAW THE FOLLOWING POINTS TO YOUR ATTENTION !T NO TIME DURING THE COURSE OF -R 0IETERSONgS EMPLOYMENT WITH YOUR COMPANY WAS DISSATISFACTION EXPRESSED CONCERNING HIS WORK OR CONDUCT IN THE WORKPLACE )N ADDITION -R 0IETERSON WAS GIVEN NO WARNING OF YOUR INTENTION TO DISMISS HIM AND HE WAS NOT GIVEN THE OPPORTUNITY TO STATE HIS OWN CASE OR DEFEND HIMSELF IN A HEARING )N THE LIGHT OF THE ABOVE -R 0IETERSON SUBMITS THAT THERE WAS NO SOUND SUBSTANTIVE REASON FOR HIS DISMISSAL AND THE PROCEDURES USED TO DISMISS HIM WERE UNFAIR 9OUR ACTIONS IN DISMISSING HIM THEREFORE CONSTITUTE AN UNFAIR DISMISSAL IN TERMS OF THE ,ABOUR 2ELATIONS !CT )N THE CIRCUMSTANCES YOUR DISMISSAL OF -R 0IETERSON IS OF NO LEGAL EFFECT AND HE STILL REGARDS HIMSELF AS BEING IN YOUR EMPLOY -R 0IETERSON HEREBY TENDERS HIS SERVICES TO YOU 7E THEREFORE REQUEST ON BEHALF OF -R 0IETERSON THAT YOU REINSTATE HIM IN HIS PREVIOUS JOB ON THE SAME TERMS AND CONDITIONS AS APPLIED PRIOR TO HIS DISMISSAL 3HOULD YOU FAIL TO CONFIRM THIS IN WRITING WITHIN SEVEN DAYS FROM THE DATE OF RECEIPT OF THIS LETTER AN APPLICATION WILL BE MADE TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION FOR CONCILIATION WITHOUT FURTHER NOTICE TO YOU (OWEVER WE HOPE THE ABOVE ACTION WILL NOT BE NECESSARY AND WE LOOK FORWARD TO HEARING FROM YOU BEFORE THIS TIME 9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY 4HIS LETTER CAN BE USED AS A MODEL FOR ANY DEMAND AGAINST AN EMPLOYER FOR EXAMPLE A CLAIM FOR THE RIGHT WAGES TO BE PAID AND SO ON %8!-0,% 3EW gN +NIT "ELL !RCADE 'REYTOWN
*ANUARY
$EAR 3IR-ADAM 2% -2 *!-%3 49%+%,/ 7E HAVE BEEN APPROACHED BY -R 4YEKELO WHO WAS DISMISSED FROM HIS EMPLOYMENT WITH YOU ON *ANUARY !T THE TIME OF HIS DISMISSAL HE WAS EARNING 2 PER WEEK -R 4YEKELO LEFT YOUR EMPLOYMENT WITHOUT BEING BEING PAID IN LIEU OF NOTICE AND HE WAS NOT PAID OUT THE PRO RATA LEAVE OWING TO HIM (E TOOK LEAVE LAST YEAR IN -ARCH (E THEREFORE WISHES TO CLAIM THE OUTSTANDING MONEY WHICH IS CALCULATED AS FOLLOWS ONE WEEKgS SALARY IN LIEU OF NOTICE 2 PRO RATA LEAVE PAY FOR COMPLETED MONTHS SERVICE 2 X WEEKS LEAVE PER ANNUM AS PER CONTRACT 2 2 DIVIDED BY MONTHS X MONTHS WORKED 2 +INDLY FORWARD THE TOTAL AMOUNT OF 2 BEING OUTSTANDING NOTICE AND LEAVE PAY TO OUR OFFICE WITHIN DAYS OF RECEIPT OF THIS LETTER FAILING WHICH WE SHALL REFER THE MATTER TO THE $EPARTMENT OF ,ABOUR OR "ARGAINING #OUNCIL IF THE EMPLOYEE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT FOR INVESTIGATION 9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM 4HIS LETTER CAN BE USED AS A MODEL FOR THE REFERRAL OF ANY COMPLAINT FOR INVESTIGATION TO THE $EPARTMENT OF ,ABOUR OR TO A "ARGAINING #OUNCIL %8!-0,% 4HE ,ABOUR )NSPECTOR $EPARTMENT OF ,ABOUR $URBAN
*ANUARY
$EAR 3IR-ADAM 2% *!-%3 49%+%,/ 3%7 g. +.)4 7E HAVE BEEN APPROACHED BY -R 4YEKELO WHO WAS DISMISSED FROM HIS EMPLOYMENT WITH 3EW gN +NIT OF "ELL !RCADE 'REYTOWN ON *ANUARY (E STARTED WORKING FOR 3EW gN +NIT ON &EBRUARY AND WAS PAID A SALARY OF 2 PER WEEK AT THE TIME OF HIS DISMISSAL !CCORDING TO -R 4YEKELO HE WAS DISMISSED BECAUSE HE WAS LATE FOR DUTY ON $ECEMBER (E ADVISES US THAT THE REASON HE WAS LATE WAS BECAUSE OF A TAXI BOYCOTT IN THE AREA WHERE HE LIVES AND HE HAD TO WAIT FOR A BUS TO ARRIVE TO TAKE HIM TO WORK )T IS CLEAR THAT SUCH CIRCUMSTANCES ARE BEYOND THE CONTROL OF -R 4YEKELO WHO HAS NO HISTORY OF LATENESS -R 4YEKELO WAS DISMISSED WITHOUT BEING GIVEN NOTICE OR PAID IN LIEU OF NOTICE AND HE WAS NOT PAID OUT THE PRO RATA LEAVE OWING TO HIM (E LAST TOOK LEAVE IN -ARCH 7E DO NOT BELIEVE THAT THE CIRCUMSTANCES JUSTIFIED SUMMARILY DISMISSING -R 4YEKELO
%8!-0,% CONTINUED (E WISHES TO CLAIM THE OUTSTANDING MONEY WHICH IS CALCULATED AS FOLLOWS ONE WEEKgS SALARY IN LIEU OF NOTICE 2 PRO RATA LEAVE PAY FOR COMPLETED MONTHS SERVICE 2 X WEEKS LEAVE PER ANNUM AS PER CONTRACT 2 2 DIVIDED BY MONTHS X MONTHS WORKED 2 0LEASE INVESTIGATE -R 4YEKELOgS CLAIM FOR A TOTAL OF 2 AND ADVISE US OF THE OUTCOME OF YOUR INVESTIGATIONS 9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)& 3END THIS NOTICE OF APPEAL TO THE $EPARTMENT OF ,ABOUR WITH A COVERING LETTER FROM THE EMPLOYEE OR ADVICE CENTRE EMPLOYEE 2EMEMBER TO FILL IN THE DETAILS SPECIFIC TO YOUR OWN CASE %8!-0,% 5)& !00%!, 4HE APPELLANT
4!&%.) */.'5-:)
!PPELLANTgS ADDRESS
CO #LAREMONT !DVICE /FFICE 0/ "OX #LAREMONT
)DENTITY NUMBER
.AME AND ADDRESS OF EMPLOYER
#LAREMONT -UNICIPALITY 0/ "OX #LAREMONT
$ATE OF APPLICATION FOR BENEFITS !DDRESS WHERE APPLICATION MADE $EPARTMENT OF ,ABOUR #LAREMONT $ATE WHEN ) HEARD OF #LAIMS /FFICERgS DECISION
#LAIMS /FFICERgS DECISION
"ENEFITS REFUSED BECAUSE ) WAS NOT IN EMPLOYMENT FOR WEEKS IN THE LAST YEAR AND NOT UNEMPLOYED DUE TO ILLNESS FOR MORE THAN WEEKS
2EASONS FOR APPEAL
) WAS EMPLOYED AT THE -UNICIPALITY FROM UNTIL
!PPLICATION FOR BENEFITS WAS MADE ON 4HEREFORE ) WAS IN EMPLOYMENT FOR MORE THAN WEEKS IN THE YEAR BEFORE APPLYING FOR BENEFITS ) WAS ALSO ALREADY UNEMPLOYED FOR MORE THAN TWO WEEKS DUE TO ILLNESS WHEN ) APPLIED FOR BENEFITS ) AM THEREFORE ENTITLED TO 5)& BENEFITS
4!&%.) */.'5-:)
,ETTER TO 5)& BECAUSE BENEFITS HAVE NOT BEEN PAID 4HIS LETTER CAN BE USED AS A MODEL FOR ANY COMPLAINT ABOUT BENEFITS NOT BEING PAID INCLUDING ILLNESS BENEFITS MATERNITY BENEFITS AND SO ON %8!-0,% 4HE #LAIMS /FFICER $EPARTMENT OF ,ABOUR #APE 4OWN
*ULY
$EAR 3IR -ADAM 2% -2 *!#+ .!5$³ n )$ ./ -R .AUDÏ REGISTERED FOR UNEMPLOYMENT BENEFITS ON !PRIL (E STOPPED SIGNING THE REGISTER ON -AY AS HE WAS AWAY IN THE %ASTERN #APE LOOKING FOR ALTERNATIVE EMPLOYMENT 7E ENCLOSE FOR YOUR REFERENCE TWO LETTERS OF REFUSAL OF EMPLOYMENT ! MONTH LATER HE SIGNED THE REGISTER AGAIN $URING THE PERIOD HE WAS NOT SIGNING HE WAS STILL UNEMPLOYED AND AVAILABLE FOR WORK (E HAS BEEN PAID UNEMPLOYMENT BENEFITS FOR THE PERIOD THAT HE SIGNED (OWEVER NO PAYMENTS HAVE BEEN MADE TO HIM FOR THE PERIOD THAT HE DID NOT SIGN THE REGISTER +INDLY INVESTIGATE THE REASONS WHY HE HAS NOT BEEN PAID ANY FURTHER BENEFITS 0LEASE ADVISE US WHAT ACTION -R .AUDÏ COULD TAKE TO BE PAID OUT HIS FULL BENEFITS 9OURS FAITHFULLY
0 :5-! !$6)3/2
,ETTER TO #OMPENSATION #OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED %8!-0,% 4HE #OMPENSATION #OMMISSIONER 0/ "OX 02%4/2)!
-ARCH
$EAR 3IR-ADAM %.15)29 2% !##)$%.4 2%0/24 .AME OF EMPLOYEE
.43(!+!,! .'%3)
)DENTITY NUMBER
$ATE OF INJURY
*!.5!29
%MPLOYER
'2!.34%%, #/.3425#4)/. 049 ,4$ -).%3 2/!$ 2!.$"52'
-R .GESI HAS APPROACHED US FOR ASSISTANCE WITH HIS CLAIM FOR #OMPENSATION -R .GESI WAS OFF DUTY FROM *ANUARY TO *ANUARY AS A RESULT OF AN INJURY SUSTAINED ON DUTY AND HAS NOT YET RECEIVED COMPENSATION FOR THIS PERIOD +INDLY ADVISE US WHETHER -R .GESIgS ACCIDENT WAS REPORTED IN TERMS OF THE #OMPENSATION !CT )F IT WAS REPORTED PLEASE GIVE US THE CLAIM NUMBER 7E ENCLOSE A COMPLETED &/2- 7#, IN CASE THIS IS NEEDED ) LOOK FORWARD TO HEARING FROM YOU 9OURS FAITHFULLY
2 '%/2'% !$6)3/2
,ETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING %8!-0,% 4HE #OMPENSATION #OMMISSIONER 0/ "OX 0RETORIA
-ARCH
$EAR 3IR -ADAM 2% $%,!9 ). 0!9).' #/-0%.3!4)/. .AME OF EMPLOYEE
-!29 0)%4%23%
)DENTITY NUMBER
$ATE OF ACCIDENT
$%#%-"%2
#LAIM NUMBER
4HE ABOVE MENTIONED ACCIDENT WAS REPORTED TO THE #OMPENSATION #OMMISSIONER IN *ANUARY 4O DATE -S 0IETERSE HAS NOT RECEIVED ANY COMPENSATION FOR THE TIME THAT SHE WAS OFF WORK +INDLY ADVISE US OF THE REASONS FOR THE DELAY AND WHEN SHE CAN EXPECT TO RECEIVE COMPENSATION 9OURS FAITHFULLY
2 '%/2'% !$6)3/2
(OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 4HIS IS AN EXAMPLE PRODUCED BY THE 0ENSION &UNDS !DJUDICATOR TO SHOW YOU HOW TO WRITE A COMPLAINT TO THEM WHICH INCLUDES ALL THE INFORMATION THEY NEED 9OU CAN COPY THE WAY THE COMPLAINT IS WRITTEN "UT CHANGE EVERYTHING THAT IS IN ITALICS TO PUT YOUR OWN CASE DETAILS IN INSTEAD )F THERE IS SOMETHING IN THE EXAMPLE WHICH DOES NOT APPLY TO YOUR CASE LEAVE IT OUT 4HE PERSON WHOSE CASE YOU ARE DEALING WITH IS THE COMPLAINANT 4HE PENSION FUND OR THE EMPLOYER ARE THE RESPONDENTS 3O THE COMPLAINT IS AGAINST THE RESPONDENTS 3END A COPY OF THE COMPLAINT TO THE RESPONDENTS AT THE SAME TIME THAT YOU SEND IT TO THE 0ENSION &UNDS !DJUDICATOR SO THAT THE RESPONDENTS HAVE THE SAME DOCUMENTS AS THE 0ENSION &UNDS !DJUDICATOR DOES 2%-%-"%2
7ITH YOUR COMPLAINT TO THE 0%.3)/. &5.$3 !$*5$)#!4/2 INCLUDE s COPIES OF THE LETTER TO THE PENSION FUNDEMPLOYER AND THEIR REPLY s PROOF THAT THE COMPLAINT WAS FIRST SENT TO THE PENSION FUND FOR EXAMPLE A REGISTERED LETTER SLIP OR FAX SLIP s ANY OTHER PAPERS INCLUDING LETTERS ABOUT THE COMPLAINT s THE RULES OF THE PENSION FUND IF AVAILABLE 2EMEMBER TO SEND ! #/09 OF THE COMPLAINT TO THE 2%30/.$%.43 SO THAT THEY HAVE THE SAME DOCUMENTS AS THE 0ENSION &UNDS !DJUDICATOR
)N THE COMPLAINT BETWEEN (%.2)%44! 3-)4( #OMPLAINANT AND #!0% &2)%.$,9 0%.3)/. &5.$ &IRST RESPONDENT -%4!, 3(/%3 049 ,4$ 3ECOND RESPONDENT ;THE EMPLOYER n ONLY IF NECESSARY=
#/-0,!).4 ). 4%2-3 /& 3%#4)/. ! /& 4(% 0%.3)/. &5.$3 !#4 /& ) AM THE COMPLAINANT -Y NAME IS (ENRIETTA 3MITH ) AM AN ADULT FEMALE OF 7ALLY 3TREET +ENILWORTH #APE 4OWN AND MY TELEPHONE NUMBER IS n 4HE FIRST RESPONDENT IS THE #APE &RIENDLY 0ENSION &UND WHOSE ADDRESS IS 0/ "OX /BSERVATORY #APE 4OWN 4HE 0RINCIPAL /FFICER OF THE PENSION FUND IS -R *AMES "ECKETT 4HE TELEPHONE OF THE PENSION FUND IS n AND FAX NUMBER IS n 4HE SECOND RESPONDENT IS -ETAL 3HOES 0TY ,TD A COMPANY WITH ITS HEAD OFFICE AT 6OORTREKKER 2OAD -AITLAND #APE 4OWN 4HE TELEPHONE NUMBER OF THE SECOND RESPONDENT IS n AND THE FAX NUMBER IS n ) HAVE SENT A WRITTEN COMPLAINT TO THE PENSION FUND EMPLOYER IN TERMS OF 3ECTION ! OF THE !CT ON &EBRUARY ) ENCLOSE A COPY OF THAT COMPLAINT MARKED g!g 4HE FIRST RESPONDENT WROTE BACK ON &EBRUARY TO SAY THEY WOULD LOOK INTO THE MATTER ) ENCLOSE A COPY OF THEIR REPLY MARKED g"g ) RECEIVED NO FURTHER INFORMATION NOR REPLY FROM THE FIRST RESPONDENT !S THE RESPONDENT HAS NOT REPLIED TO THE COMPLAINT WITHIN DAYS THE 0ENSION &UNDS !DJUDICATOR NOW HAS JURISDICTION TO DEAL WITH THIS MATTER
0!24)#5,!23 /& 4(% #/-0,!).4 5NDER THIS HEADING YOU SHOULD EXPLAIN WHAT THE COMPLAINT IS ABOUT
4(% "!#+'2/5.$ &IRST GIVE THE HISTORY OF YOUR WORK WITH THAT EMPLOYER AND MEMBERSHIP OF THE PENSION FUND 7RITE DOWN ALL THE BACKGROUND %8!-0,%3 ) STARTED WORK FOR THE SECOND RESPONDENT ON *ANUARY AS A MESSENGER ) RETIRED ON 3EPTEMBER !LL THE TIME ) WORKED FOR THE SECOND RESPONDENT ) WAS A MEMBER OF THE FIRST RESPONDENT A DEFINED BENEFIT FUND ) MADE REGULAR CONTRIBUTIONS FOR MY PENSION /R YOU MIGHT SAY ) PURCHASED AN ANNUITY WITH THE 'OLDEN 2ETIREMENT !NNUITY &UND ADMINISTERED BY !CE )NSURANCE #OMPANY ON *ULY AND ) CONTRIBUTED 2 MONTHLY TO THIS !T THE DATE OF RETIREMENT ) DECIDED TO GET A CASH LUMP SUM ) TOOK THE REST OF MY RETIREMENT BENEFIT AS A MONTHLY PENSION
%80,!). 4(% 02/",%4HE LAW SAYS YOU CAN COMPLAIN ABOUT s HOW THE PENSION FUND IS RUN s HOW THE MONEY IS INVESTED s THE RULES OF THE PENSION FUND 9OU MUST TELL THE 0ENSION &UNDS !DJUDICATOR IF YOU THINK s THE PENSION FUND DID SOMETHING IT WAS NOT ALLOWED TO DO s YOU LOST MONEY BECAUSE OF SOMETHING THE PENSION FUND DID s YOU DISAGREE WITH THE PENSION FUND ABOUT SOMETHING THAT HAPPENED OR ABOUT THE RULES s THE EMPLOYER DID NOT CARRY OUT ITS PENSION FUND DUTIES 7RITE WHAT HAPPENED AND ALSO WHY YOU THINK THE PENSION FUND DID SOMETHING IT WAS NOT SUPPOSED TO DO OR WHY YOU THINK THE PENSION FUND CAUSED YOU TO LOSE MONEY OR WHAT YOU DISAGREE WITH THE PENSION FUND ABOUT OR WHY YOU THINK THE EMPLOYER DID NOT CARRY OUT ITS DUTIES %8!-0,%3 4HESE ARE SOME EXAMPLES OF THINGS YOU MAY WANT TO COMPLAIN ABOUT -AYBE YOU THINK THAT s s s s s s s s s s s s
THE MONTHLY PENSION WAS NOT CALCULATED CORRECTLY YOU DID NOT GET AN INCREASE IN THE PENSION THAT YOU WERE SUPPOSED TO GET THE PENSION FUND LEFT OUT SOME THINGS WHEN THEY WORKED OUT YOUR BENEFITS THE EMPLOYER TOOK OFF MONEY FROM THE PENSION FOR A STAFF LOAN YOU HAD THE PENSION FUND DISCRIMINATED AGAINST YOU THIS MEANS THAT THEY WERE NOT FAIR BECAUSE THEY GAVE BENEFITS TO OTHERS THAT YOU DID NOT GET WHEN THE PENSION FUND CLOSED DOWN OR CHANGED TO A DEFINED CONTRIBUTION PENSION FUND IT USED THE SURPLUS UNFAIRLY YOU DID NOT GET A FAIR AMOUNT OF MONEY WHEN YOU LEFT THE PENSION FUND THE BOARD OF THE PENSION FUND DID NOT KEEP TO ITS PROMISES THE PENSION FUND USED THE RULES IN A WAY YOU DISAGREE WITH THE PENSION FUND WAS UNFAIR IN DECIDING ABOUT EARLY RETIREMENT OR DISABILITY THE PENSION FUND GAVE DEATH BENEFITS UNFAIRLY THE PENSION FUND DID NOT GIVE YOU PROPER INFORMATION SO YOU MADE A BAD DECISION
'IVE AS MANY DETAILS AS POSSIBLE ABOUT THE CASE AND TELL THE 0ENSION &UNDS !DJUDICATOR EXACTLY WHAT HAPPENED FROM BEGINNING TO END 2EMEMBER THE 0ENSION &UNDS !DJUDICATOR HAS NEVER HEARD OF YOUR CASE BEFORE AND THEY KNOW ABSOLUTELY NOTHING ABOUT YOU OR THIS COMPLAINT %8!-0,%3 )T DOESNgT HELP TO WRITE ) PHONED !CE )NSURANCE AND THEY TOLD ME THEY HAD DECIDED ) DID NOT QUALIFY 4HIS DOES NOT HELP BECAUSE IT DOES NOT SAY WHO YOU SPOKE TO AT !CE WHEN YOU PHONED !CE WHO AT !CE HAD DECIDED AND IT DOES NOT REALLY EXPLAIN WHAT WAS DECIDED )T WOULD BE BETTER TO SAY IT LIKE THIS /N 7EDNESDAY &EBRUARY ) PHONED -S #ARELSE THE &UND -ANAGER AT !CE )NSURANCE 3HE TOLD ME THAT THE BOARD OF TRUSTEES HAD MET ON *ANUARY 4HEY DECIDED TO REFUSE MY APPLICATION FOR EARLY RETIREMENT MADE IN TERMS OF 2ULE OF THE RULES OF THE FUND BECAUSE ) DID NOT QUALIFY )T DOESNgT HELP TO WRITE )N TERMS OF THE RULES ) AM ENTITLED TO A GRATUITY OF 2 4HIS DOES NOT SAY WHICH RULE NOR HOW YOU ARRIVED AT THE FIGURE YOU CLAIM YOUR CLIENT IS ENTITLED TO
%8!-0,%3 CONTINUED )T WOULD BE BETTER TO SAY 2ULE PROVIDES THAT ON RETRENCHMENT AN EMPLOYEE IS ENTITLED TO HER OWN CONTRIBUTIONS PLUS OF THE EMPLOYERgS CONTRIBUTION PLUS PER ANNUM INTEREST -Y OWN CONTRIBUTIONS TOTALLED 2x AND OF THE EMPLOYERgS TOTAL CONTRIBUTION AMOUNTS TO 2x 3O WITH INTEREST ) AM ENTITLED TO 2 )NSTEAD ON &EBRUARY x ) RECEIVED A CHEQUE FOR ONLY 2 FROM THE FUND ! COPY OF THE FUNDgS STATEMENT IS ATTACHED MARKED g#g
7HEN YOU HAVE GIVEN THE FACTS YOU MUST SET OUT YOUR ARGUMENT ABOUT WHY YOU THINK THE FUND WAS WRONG 3AY WHY YOU THINK YOU ARE RIGHT
2%,)%& $ONgT FORGET TO SAY WHAT YOU THINK WOULD HELP OR SOLVE THE PROBLEM 4HIS IS CALLED RELIEF 7RITE DOWN WHAT YOU WANT THE 0ENSION &UNDS !DJUDICATOR TO DO 4HE LAW SAYS THE !DJUDICATOR CAN MAKE ANY ORDER ABOUT THIS COMPLAINT WHICH A COURT CAN MAKE 3O FOR EXAMPLE YOU COULD ASK THE !DJUDICATOR TO ORDER THE PENSION FUND OR EMPLOYER TO s GIVE YOU URGENT OR INTERIM RELIEF s GIVE YOU INFORMATION WHICH YOU NEED s PAY YOUR CONTRIBUTIONS FOR A TIME s PAY A CERTAIN PENSION AMOUNT s GIVE SOME OF THE SURPLUS TO THE PROVIDENT FUND s GIVE YOU COMPENSATION MONEY IF THE FUND WAS WRONG s CHANGE A DECISION OF THE FUND TRUSTEES IF IT WAS NOT FAIR s PAY COSTS s OBEY ANY LAW OR ASK THE !DJUDICATOR FOR s AN ORDER THAT SAYS WHAT YOUR RIGHTS ARE IF THEY ARE NOT CLEAR s AN INTERDICT TO STOP THE FUND FROM DOING SOMETHING
%.$ 4(% #/-0,!).4 3IGNED AT #APE 4OWN ON THIS ;DATE= DAY OF ;MONTH= ;YEAR= #OMPLAINANT !DDRESS 4EL NO &AX NO
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7HAT IS A DISMISSAL !UTOMATICALLY UNFAIR DISMISSALS 7HEN IS A DISMISSAL FAIR OR UNFAIR #(!24 )S A DISMISSAL UNFAIR 3UBSTANTIVE FAIRNESS 0ROCEDURAL FAIRNESS $ISMISSAL FOR MISCONDUCT &AIR REASONS &AIR PROCEDURES $ISMISSAL FOR INCAPACITY &AIR REASONS &AIR PROCEDURES 2ETRENCHMENT OR REDUNDANCY DISMISSAL &AIR REASONS &AIR PROCEDURES 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL
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#ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL (OW TO REFER THE DISPUTE TO THE RIGHT BODY !PPLYING FOR CONDONATION IF THE REFERRAL IS LATE #HART 3TEPS TO RESOLVE A LABOUR DISPUTE UNDER THE ,2! 4HE CONCILIATION MEETING 7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN A CONCILIATION MEETING 3UCCESSFUL CONCILIATION 7HAT HAPPENS IF THE CONCILIATION AGREEMENT IS NOT COMPLIED WITH 5NSUCCESSFUL CONCILIATION !RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL 7HAT IS ARBITRATION (OW TO REFER A CASE FOR ARBITRATION 4HE ARBITRATION HEARING 7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN AN ARBITRATION PROCEDURE !RBITRATION APPEALS !DJUDICATION BY THE ,ABOUR #OURT 7HAT IS ADJUDICATION (OW TO REFER A CASE FOR ADJUDICATION 7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN A ,ABOUR #OURT CASE !DJUDICATION APPEALS
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7HEN IS INDUSTRIAL ACTION NOT PERMITTED 7HAT PROCEDURES MUST BE FOLLOWED BEFORE INDUSTRIAL ACTION IS PROTECTED )F AN EMPLOYER UNILATERALLY CHANGES CONDITIONS OF EMPLOYMENT %MPLOYEESg AND EMPLOYERgS RIGHTS IN PROTECTED INDUSTRIAL ACTION 4RADE UNIONS 7HAT ARE THE AIMS OF TRADE UNIONS 0AYING FOR THE UNION n SUBSCRIPTIONS 4HE RIGHT OF EMPLOYEES TO FORM JOIN AND TAKE PART IN TRADE UNIONS 4RADE UNION RIGHTS IN THE WORKPLACE
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5NEMPLOYMENT )NSURANCE &UND 7HO IS A CONTRIBUTOR TO THE 5)& 7HO IS NOT COVERED BY 5)& (OW DO EMPLOYEES BECOME CONTRIBUTORS TO THE 5)& (OW MUCH DO EMPLOYEES CONTRIBUTE TO THE &UND (OW MUCH DO EMPLOYEES GET PAID WHEN APPLYING FOR BENElTS 7HEN IS A CONTRIBUTOR NOT ENTITLED TO RECEIVE BENElTS
4YPES OF 5)& BENElTS 5NEMPLOYMENT BENElTS )LLNESS BENElTS -ATERNITY BENElTS !DOPTION BENElTS $EPENDENTgS BENElTS
(OW DO EMPLOYEES CLAIM 5)& BENElTS #LAIMING UNEMPLOYMENT BENElTS #LAIMING ILLNESS BENElTS #LAIMING MATERNITY BENElTS #LAIMING ADOPTION BENElTS #LAIMING DEPENDENTgS BENElTS (OW TO GET COPIES OF BIRTHMARRIAGEDEATH CERTIlCATES
7HAT IF THE 5)& BENElTS ARE USED UP AND THE EMPLOYEE IS STILL UNEMPLOYED 7HAT IF THE APPLICATION FOR NORMAL BENElTS IS REFUSED 5)& APPEALS &URTHER APPEALS
4ERMINATION OF BENElTS
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7HEN CAN AN EMPLOYEE CLAIM COMPENSATION 7HO CAN CLAIM COMPENSATION FROM THE &UND 7HO CONTRIBUTES TO THE &UND 7HEN WILL THE &UND NOT PAY COMPENSATION /CCUPATIONAL DISEASES AND INJURIES $ISEASES )NJURIES -OTOR VEHICLE ACCIDENTS WHILE WORKING 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE 4EMPORARY DISABILITY 0ERMANENT DISABILITY $EATH BENElTS 7HO CAN CLAIM COMPENSATION WHEN AN EMPLOYEE DIES IN THE COURSE AND SCOPE OF DUTY
-EDICAL EXPENSES !DDITIONAL COMPENSATION 3TEPS TO CLAIM DISABILITY (OW IS THE COMPENSATION MONEY PAID 4EMPORARY DISABILITY 0ERMANENT DISABILITY /BJECTIONS AND APPEALS
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7HAT IS EMPLOYEEgS TAX 7HAT IS 3)4% 7HAT IS 0!9% 7HEN MUST AN EMPLOYEE PAY TAX (OW MUCH TAX DO YOU PAY 7HAT INFORMATION MUST YOU GIVE TO EMPLOYERS 2EBATES 4AX ON BONUS PAY AND RETRENCHMENT PAY 0ART TIME WORK AND CASUAL WORK 4AX ASSESSMENTS
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(OW DOES A PENSION OR PROVIDENT FUND WORK 4YPES OF FUNDS AND BENElTS "ARGAINING #OUNCIL FUNDS #OMPLAINTS ABOUT PAYMENTS FROM PENSION FUNDS 4HE 0ENSION &UNDS !DJUDICATOR 7HO CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 4IME LIMITS
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!DVANTAGES AND DISADVANTAGES OF -EDICAL !ID 3CHEMES -EDICAL 3CHEMES !CT
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4HE .ATIONAL 1UALIlCATIONS &RAMEWORK .1& 4HE 3KILLS $EVELOPMENT ,EVY 'RANT SCHEME 0AYING THE 3KILLS $EVELOPMENT ,EVY (OW ARE THE LEVIES USED 'ETTING A 3KILLS $EVELOPMENT 'RANT 3KILLS $EVELOPMENT &ACILITATORS
02/",%-3 -ONEY IS DEDUCTED FROM AN EMPLOYEEgS WAGES %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY %MPLOYEE IS PAID BELOW THE MINIMUM WAGE $ISMISSED EMPLOYEE WANTS THE JOB BACK n HOW TO APPLY FOR REINSTATEMENT OR COMPENSATION 2ETRENCHMENT %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY n WITH NO PREVIOUS RECORD OF DRUNKENESS %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY n THE EMPLOYEE IS SUFFERING FROM ALCOHOLISM
#ONTRACT EMPLOYEES ARE DISMISSED BEFORE THE CONTRACT IS DUE TO TERMINATE #ONTRACT EMPLOYEES ARE NOT PAID OVERTIME #ASUAL EMPLOYEE IS NOT PAID SICK LEAVE #ONTRACT EMPLOYEES CONTRACT HAS NOT BEEN RENEWED !PPLICATION FOR 5)& BENElTS IS TOO LATE %MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5NEMPLOYMENT )NSURANCE &UND &AILING TO SIGN THE 5NEMPLOYMENT REGISTER ,ONG DELAY IN PAYING COMPENSATION %MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY )NJURED EMPLOYEE IS OFF WORK AND IS NOT GETTING PAID %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB %MPLOYEEgS COMPENSATION HAS BEEN REFUSED %MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE
-/$%, ,%44%23 !.$ &/2-3 #ONTRACT OF EMPLOYMENT ,ETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT ,ETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY ,ETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM ,ETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)& ,ETTER TO 5)& BECAUSE BENElTS HAVE NOT BEEN PAID ,ETTER TO #OMPENSATION #OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED ,ETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING (OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR ,2! &ORM n 2EFERRING A DISPUTE TO THE ##-! FOR RESOLUTION #OMPENSATION &ORM 7#,
#(%#+,)343 #HECKLIST FOR A LABOUR PROBLEM #HECKLIST TO PREPARE FOR ARBITRATION #HECKLIST TO PREPARE A CLAIM FOR REINSTATEMENT #HECKLIST FOR PROBLEMS ABOUT 5)& #HECKLIST FOR #OMPENSATION PROBLEMS
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)NTRODUCTION 4HIS CHAPTER COVERS LAWS IN 3OUTH !FRICA WHICH DIRECTLY AFFECT THE WORKING CONDITIONS OF EMPLOYEES AS WELL AS DISPUTES IN THE WORKPLACE AND WAYS OF RESOLVING THESE 7E FOCUS ON THE FOLLOWING LAWS THAT AFFECT EMPLOYERS AND EMPLOYEES ,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT "ASIC #ONDITIONS OF %MPLOYMENT !CT .O OF "#%! /CCUPATIONAL (EALTH AND 3AFETY !CT .O OF /(3! $ISPUTES AND WAYS OF SETTLING DISPUTES ,ABOUR 2ELATIONS !CT .O OF ,2! %MPLOYMENT %QUITY !CT .O OF %%! %MPLOYEE SOCIAL WELFARE AND BENEFITS 5NEMPLOYMENT )NSURANCE #ONTRIBUTIONS !CT .O OF #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT .O OF #/)$! 3KILLS $EVELOPMENT !CT .O OF 3KILLS $EVELOPMENT ,EVIES !CT .O OF -EDICAL 3CHEMES !CT .O OF
4HE CONTRACT OF EMPLOYMENT )F YOU AGREE TO WORK FOR SOMEONE AND THAT PERSON AGREES TO PAY YOU FOR THIS WORK THEN YOU AND THE EMPLOYER HAVE A CONTRACT OF EMPLOYMENT 9OU ARE CALLED THE EMPLOYEE 4HE TYPE OF WORK THAT YOU MUST DO HOURS OF WORK WAGES A PLACE TO LIVE WHERE APPROPRIATE AND SO ON CAN ALL BE PART OF YOUR AGREEMENT WITH YOUR EMPLOYER 4HESE ARE CALLED CONDITIONS OF EMPLOYMENT 4HEY ARE EXPRESS TERMS OF THE CONTRACT %VEN IF YOU AND THE EMPLOYER DID NOT TALK ABOUT SOME CONDITIONS OF EMPLOYMENT FOR EXAMPLE TAKING ANNUAL LEAVE AND IT IS THE CUSTOM THAT ALL EMPLOYEES TAKE ANNUAL LEAVE THEN YOU CAN ALSO TAKE ANNUAL LEAVE 4HIS IS PART OF YOUR CONTRACT EVEN IF YOU DID NOT TALK ABOUT IT 4HESE ARE IMPLIED TERMS OF THE CONTRACT 4HE LAW SAYS THAT A CONTRACT DOES NOT HAVE TO BE IN WRITING )F TWO PEOPLE SPEAK AND THEY AGREE ABOUT THE CONTRACT THEN THIS CONTRACT IS CALLED A VERBAL CONTRACT ! VERBAL CONTRACT IS ALSO LEGAL AND ENFORCEABLE ! WRITTEN CONTRACT IS BETTER )F ALL THE CONDITIONS OF THE CONTRACT ARE WRITTEN ON A PIECE OF PAPER AND THE EMPLOYER SIGNS THE PAPER THEN YOU HAVE PROOF OF WHAT WAS AGREED 3ECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT SAYS THAT EXCEPT FOR EMPLOYEES WORKING LESS THAN HOURS PER MONTH AND EMPLOYERS WHO EMPLOY LESS THAN PEOPLE THE EMPLOYER MUST GIVE EMPLOYEES CERTAIN PARTICULARS IN WRITING ABOUT THE JOB THESE PARTICULARS INCLUDE s A DESCRIPTION OF THE JOB s THE HOURS THAT THE EMPLOYEE WILL BE EXPECTED TO WORK s ORDINARY AND OVERTIME RATES OF PAYMENT INCLUDING PAYMENT IN KIND FOR EXAMPLE ACCOMMODATION AND ITS VALUE s ANY DEDUCTIONS TO BE MADE s HOW MUCH LEAVE THE EMPLOYEE WILL GET s THE NOTICE PERIOD s THE NAME AND ADDRESS OF THE EMPLOYER s THE DATE OF PAYMENT
)F AN EMPLOYEE CANgT READ THE PARTICULARS MUST BE EXPLAINED IN A LANGUAGE THE EMPLOYEE UNDERSTANDS )F YOU HAVE A CONTRACT BUT YOU DO NOT DO THE THING THAT WAS AGREED THEN YOU BREAK THE CONTRACT 4HE LAW SAYS THAT IF ONE PERSON BREAKS A CONTRACT THEN THE OTHER PERSON CAN USE THE LAW TO FORCE THAT PERSON TO DO WHAT WAS AGREED "REAKING A CONTRACT IS ALSO CALLED A BREACH OF CONTRACT 3EE S A P OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT FOR PARTICULARS OF EMPLOYMENT THAT MUST BE PROVIDED IN WRITING TO EMPLOYEES WHEN THEY START THEIR EMPLOYMENT WITH SOMEONE ! CONTRACT OF EMPLOYMENT MUST COMPLY WITH TERMS AND CONDITIONS OF EMPLOYMENT IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! OR COLLECTIVE AGREEMENT OR SECTORAL DETERMINATION DEPENDING ON WHAT THE EMPLOYEE IS COVERED BY AND ANY OTHER LAWS WHICH PROTECT EMPLOYEES SUCH AS THE ,ABOUR 2ELATIONS !CT AND THE /CCUPATIONAL (EALTH AND 3AFETY !CT )F A CONTRACT BREAKS ANY OF THESE PROTECTIVE LAWS IT IS NOT ENFORCEABLE UNLESS THE CONDITIONS ARE MORE FAVOURABLE TO THE EMPLOYEE )F AN EMPLOYEE IS COVERED BY THE "#%! TERMS AND CONDITIONS OF EMPLOYMENT IN THE "#%! OVERRIDE THOSE IN ANY CONTRACT OF EMPLOYMENT WHICH ARE LESS FAVOURABLE TO THE EMPLOYEE THAN THOSE IN THE "#%! )N OTHER WORDS THE CONTRACT CAN NOT BE LESS FAVOURABLE TO THE EMPLOYEE THAN THE CONDITIONS LAID DOWN IN THE LAW 3EE PAGE -ODEL CONTRACT OF EMPLOYMENT
(/7 #!. ! #/.42!#4 /& %-0,/9-%.4 "% 53%$ )F THE EMPLOYER BREAKS A CONTRACT OF EMPLOYMENT THEN AN EMPLOYEE CAN SUE THE EMPLOYER IN A CIVIL COURT CASE FOR BREACH OF CONTRACT OR APPROACH THE $EPARTMENT OF ,ABOUR OR THE ##-! IN CERTAIN INSTANCES )T IS EASIER TO PROVE THAT AN EMPLOYER BROKE A CONTRACT OF EMPLOYMENT IF THE CONTRACT IS IN WRITING 3EE PAGE #IVIL CLAIMS 4HE EMPLOYEE IS ALWAYS ENTITLED TO AT LEAST THE TERMS AND CONDITIONS IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! )F THE BREACH OF CONTRACT GOES AGAINST A TERM OR CONDITION IN THE "#%! THEN AN EMPLOYEE CAN GO TO THE $EPARTMENT OF ,ABOUR AND LAY A COMPLAINT 4HE $EPARTMENT WILL ATTEMPT TO GET AN UNDERTAKING FROM THE EMPLOYER TO APPLY THE CONTRACT OF EMPLOYMENT WHERE NECESSARY THE )NSPECTOR FROM THE $EPARTMENT OF ,ABOUR WILL ISSUE A #OMPLIANCE /RDER WHICH TELLS THE EMPLOYER TO COMPLY WITH THE "#%!
#(!.').' 4(% #/.42!#4 !N EMPLOYER CAN CHANGE THE CONTRACT AFTER PROPER NEGOTIATION EVEN IF THE EMPLOYEE DOES NOT AGREE TO THE CHANGES ! CHANGE IN A CONTRACT IS LIKE A NEW CONTRACT 4O CHANGE THE CONTRACT THE EMPLOYER MUST GIVE NOTICE OF THE CHANGE TO THE EMPLOYEE AND MUST ATTEMPT TO NEGOTIATE THE NEW TERMS AND CONDITIONS WITH THE EMPLOYEE )F THE EMPLOYER AND EMPLOYEE CANNOT AGREE ABOUT THE CHANGES IN THE INDIVIDUAL CONTRACT THEN THE EMPLOYER MAY JUST GO AHEAD AND INTRODUCE THE CHANGES )F THE EMPLOYEE ACCEPTS THE NEW CONDITIONS AND GOES ON WORKING THEN THE NEW CONDITIONS BECOME PART OF THE CONTRACT )F THE EMPLOYEE DOES NOT AGREE TO THE CHANGES THEN HE OR SHE CAN s 2EFER A DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL IN TERMS OF SECTION OF THE ,ABOUR 2ELATIONS !CT 4HE EMPLOYEE CAN ASK THE ##-! TO ISSUE A NOTICE TO INSTRUCT THE EMPLOYER TO RESTORE THE TERMS AND CONDITIONS WHICH APPLIED BEFORE THE CHANGE TOOK PLACE 4HE EMPLOYER MUST COMPLY WITH THIS NOTICE WITHIN HOURS OF RECEIVING IT s REFUSE TO ACCEPT THE CHANGES )F THE EMPLOYER THEN DISMISSES THE EMPLOYEE IT MIGHT WELL BE AN AUTOMATICALLY UNFAIR DISMISSAL s CHOOSE TO STOP WORKING FOR THE EMPLOYER )F THE EMPLOYEE WAS FORCED TO RESIGN OR RETRENCHED OR DISMISSED AS A MEANS TO GET THE EMPLOYEE TO ACCEPT THE CHANGES IT MAY BE AN AUTOMATICALLY UNFAIR DISMISSAL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
./4%
7HERE A REGISTERED TRADE UNION HAS SIGNED A COLLECTIVE AGREEMENT WITH THE EMPLOYER AND WHERE THE EMPLOYER CHANGES THIS AGREEMENT WITHOUT THE AGREEMENT OF THE UNION THE UNION AND ITS MEMBERS CAN GO TO THE ##-! TO CLAIM THAT THE EMPLOYER HAS BROKEN THE COLLECTIVE AGREEMENT
490%3 /& #/.42!#43 4HERE ARE TWO TYPES OF CONTRACTS INDEFINITE AND FIXED TERM TEMPORARY CONTRACTS
).$%&).)4% #/.42!#43 -OST EMPLOYMENT CONTRACTS ARE INDEFINITE CONTRACTS 4HIS MEANS THAT WHEN AN EMPLOYEE STARTS WORKING FOR THE EMPLOYER NO ONE KNOWS WHEN THE CONTRACT WILL END !N INDEFINITE CONTRACT CAN ONLY BE ENDED IN THE FOLLOWING WAYS s BY DISMISSAL OR TERMINATION OF THE CONTRACT OF EMPLOYMENT s BY CANCELLATION OF THE CONTRACT BY THE EMPLOYEE OR THE ORGANISATION s WHEN THE EMPLOYEE REACHES THE NORMAL RETIREMENT AGE LAID DOWN BY THE COMPANY OR THE INDUSTRY s BY THE DEATH OF THE EMPLOYEE
&)8%$ 4%2- #/.42!#43 )F THE EMPLOYEE AND THE EMPLOYER BOTH AGREE AT THE START OF THE CONTRACT THAT THE CONTRACT IS GOING TO END WITHIN A FIXED PERIOD OR WHEN CERTAIN WORK IS COMPLETED THEN IT IS A FIXED TERM CONTRACT #ONTRACT EMPLOYEES AND SEASONAL EMPLOYEES ARE TWO KINDS OF EMPLOYEES WITH FIXED TERM CONTRACTS )T OFTEN HAPPENS PARTICULARLY ON FARMS THAT THE EMPLOYER GOES TO OTHER AREAS TO GET PEOPLE TO WORK ON THE FARM ON A TEMPORARY BASIS 4HE EMPLOYEES THEN LEAVE THEIR HOMES AND GO TO WORK ON THIS FARM 4HESE EMPLOYEES MAY BE REFERRED TO AS CONTRACT EMPLOYEES 5SUALLY THE FARMER AND THESE EMPLOYEES HAVE A FIXED TERM CONTRACT FOR A SPECIFIED TIME )F AN EMPLOYEE HAS A CONTRACT WITH THE FARMER THEN THE CONDITIONS OF THAT CONTRACT ARE THE CONDITIONS OF EMPLOYMENT 3OME FARMS HAVE TIMES WHEN EXTRA EMPLOYEES ARE NEEDED 4HESE TIMES ARE CALLED SEASONS )F AN EMPLOYEE ONLY WORKS ON THE FARM FOR A SEASON THEN HE OR SHE IS CALLED A SEASONAL EMPLOYEE 4HE SEASONAL EMPLOYEE KNOWS WHEN THE CONTRACT STARTS AND WHEN THE CONTRACT ENDS &OR BOTH CONTRACT EMPLOYEES AND SEASONAL EMPLOYEES THE EMPLOYER MUST PAY EMPLOYEES FOR THE FULL CONTRACT TIME EVEN IF THERE IS NO MORE WORK FOR THE EMPLOYEES TO DO )F AN EMPLOYEEgS CONTRACT IS FOR ONE YEAR THEN THE EMPLOYER MUST PAY THE EMPLOYEE FOR THE FULL YEAR UNLESS THE CONTRACT ENDS BECAUSE OF THE EMPLOYEEgS FAULT )F THE CONTRACT IS FOR ONE SEASON THEN THE EMPLOYER MUST PAY THE EMPLOYEE FOR THE WHOLE SEASON 4HE EMPLOYER CANNOT STOP THE FIXED TERM CONTRACT EARLIER THAN THE CONTRACTED PERIOD UNLESS THE CONTRACT MAKES PROVISION FOR THIS
$)&&%2%.4)!, 7!'% )F THE EMPLOYER TELLS AN EMPLOYEE TO DO SOMEONE ELSEgS JOB IN A HIGHER CATEGORY OF PAY THAN THE EMPLOYEEgS OWN JOB THEN THE EMPLOYEE SHOULD GET THE HIGHER WAGE IF HESHE PERFORMS THIS WORK FOR AN EXTENDED NUMBER OF DAYS %QUAL PAY FOR WORK OF %QUAL VALUE
!N EMPLOYER CAN ASK AN EMPLOYEE TO DO WORK BELOW HIS OR HER OWN PAY CATEGORY BUT THE EMPLOYEE SHOULD NOT GET PAID LESS THAN HIS OR HER OWN NORMAL WAGE AND ALSO PROVIDED THE EMPLOYER IS NOT DOING THIS TO MAKE THE EMPLOYEES LIFE AT WORK INTOLERABLE 4HE "#%! DOESNgT HAVE A RULE ABOUT DIFFERENTIAL WAGES "UT IF AN EMPLOYER REFUSED TO PAY THE HIGHER WAGE THE EMPLOYEE COULD TAKE A DISPUTE ABOUT UNFAIR PAYMENT TO A "ARGAINING #OUNCIL IF ONE EXISTS FOR THE INDUSTRY OR THE $EPARTMENT OF ,ABOUR
"/.53 0!9 g"ONUS PAYg MEANS MONEY PAID TO EMPLOYEES WHICH IS OVER AND ABOVE THEIR WAGES AND OVERTIME MONEY 4HE LAW DOES NOT SAY THAT AN EMPLOYER MUST PAY A BONUS TO EMPLOYEES ALTHOUGH SOME "ARGAINING #OUNCIL !GREEMENTS DO 4HIS IS gEXTRAg MONEY )T IS USUALLY PAID OUT AT THE END OF THE YEAR FOR EXAMPLE FOR GOOD PERFORMANCE DURING THE YEAR OR FOR TARGETS REACHED IN PRODUCTION OF GOODS "ONUS PAY MUST BE PAID IN THESE CASES s IF AN EMPLOYER GAVE A BONUS TO THE EMPLOYEES AT THE END OF EVERY YEAR IN THE PAST n THE EMPLOYER CREATED AN gEXPECTATIONg AMONGST EMPLOYEES THAT THEY WILL GET A BONUS EVERY YEAR AND IT HAS BECOME THE CUSTOM TO GET THE BONUS 4HE EMPLOYEES THEN HAVE A RIGHT TO DEMAND THE SAME BONUS EVERY YEAR )F THE EMPLOYER SUDDENLY DECIDES NOT TO GIVE A BONUS THE EMPLOYEES CAN CLAIM THE BONUS AS A COMMON LAW RIGHT s IF IT SAYS IN A CONTRACT OF EMPLOYMENT OR A COLLECTIVE AGREEMENT THAT THE EMPLOYEE WILL GET A BONUS n THE EMPLOYER MUST PAY THE BONUS AS AGREED UNLESS IT DEPENDS ON THE EMPLOYEE DOING SOMETHING WHICH THE EMPLOYEE DID NOT DO
,/.' 3%26)#% !7!2$3 4HE LAW DOES NOT SAY THAT EMPLOYERS MUST PAY LONG SERVICE MONEY TO EMPLOYEES WHO HAVE WORKED FOR A LONG TIME FOR THE SAME COMPANY )F THE EMPLOYEE RETIRES IT IS UP TO THE EMPLOYER TO DECIDE WHETHER TO GIVE ANY LONG SERVICE MONEY TO THE EMPLOYEE
*/" 2%&%2%.#%3 ! JOB REFERENCE LETTER IS A LETTER FROM AN EX EMPLOYER SAYING WHETHER THE EMPLOYER THOUGHT THE EMPLOYEE WAS A GOOD EMPLOYEE OR NOT 4HE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! SAYS EMPLOYEES ARE ENTITLED TO A WRITTEN CERTIFICATE OF SERVICE WHEN THE EMPLOYEE STOPS WORKING FOR THAT EMPLOYER 4HE CERTIFICATE OF SERVICE SETS OUT THE FULL NAME OF THE EMPLOYER AND THE EMPLOYEE THE JOBS THAT THE EMPLOYEE WAS DOING THE DATE THAT THE EMPLOYEE BEGAN WORKING THE DATE THAT THE EMPLOYEE ENDED WORK AND THE WAGE AT THE TIME THAT THE JOB ENDED INCLUDING PAYMENT IN KIND 3EE 3 A nG OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT FOR DETAILS ON WHAT HAS TO BE INCLUDED ON THE #ERTIFICATE OF 3ERVICE
,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT 4HERE ARE DIFFERENT LAWS ABOUT CONDITIONS OF EMPLOYMENT %MPLOYEESg TERMS AND CONDITIONS OF EMPLOYMENT MAY BE COVERED BY s CENTRALISED COLLECTIVE AGREEMENTS LIKE "ARGAINING #OUNCIL !GREEMENTS UNDER THE ,ABOUR 2ELATIONS !CT WHERE APPLICABLE 3EE PAGE #OLLECTIVE AGREEMENTS s SECTORAL DETERMINATIONS UNDER THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! OR 7AGE $ETERMINATIONS UNDER THE 7AGE !CT WHERE APPLICABLE 3EE PAGE 3ECTORAL DETERMINATIONS s SPECIAL EXCEPTIONS TO CENTRALISED COLLECTIVE AGREEMENTS SECTORAL DETERMINATIONS OR THE "#%! MADE BY THE -INISTER OF ,ABOUR CALLED DEREGULATION 3EE PAGE $EREGULATION
s WORKPLACE BASED COLLECTIVE AGREEMENTS UNDER THE "#%! 3EE PAGE #OLLECTIVE AGREEMENTS s AN INDIVIDUAL AGREEMENT BETWEEN AN EMPLOYEE AND EMPLOYER n THE CONTRACT OF EMPLOYMENT s "ASIC #ONDITIONS OF %MPLOYMENT !CT 3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%! 4HE -ERCHANT 3HIPPING !CT COVERS CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WHO ARE AT SEA WITHIN 3OUTH !FRICAgS TERRITORIAL WATERS WHILE MEMBERS OF THE .ATIONAL $EFENCE &ORCE THE .ATIONAL )NTELLIGENCE !GENCY AND THE 3OUTH !FRICAN 3ECRET 3ERVICE ARE COVERED BY DIFFERENT LAWS 4HE /CCUPATIONAL (EALTH AND 3AFETY !CT GIVES EMPLOYEES RIGHTS IN HEALTH AND SAFETY AT WORK 3EE PAGE -ERCHANT 3HIPPING !CT PAGE /CCUPATIONAL (EALTH AND 3AFETY !CT
7!'% 2%'5,!4).' -%!352%3 #OLLECTIVE AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS "#!S 7AGE $ETERMINATIONS AND SECTORAL DETERMINATIONS 37$S WHICH REGULATE TERMS AND CONDITIONS OF EMPLOYMENT ARE COMMONLY CALLED WAGE REGULATING MEASURES 4HEY CONTAIN DIFFERENT CONDITIONS OF EMPLOYMENT FOR DIFFERENT EMPLOYEES IN DIFFERENT SECTORS )N OTHER WORDS ALL THESE AGREEMENTS AND DETERMINATIONS TALK ABOUT A PERIOD OF NOTICE BUT IN ONE WAGE DETERMINATION THE NOTICE PERIOD MAY BE ONE WEEK WHILE IN ANOTHER IT MAY BE TWO WEEKS "ELOW IS A LIST OF THE MORE COMMON ASPECTS RELATING TO CONDITIONS OF EMPLOYMENT WHICH APPEAR IN ALL WAGE REGULATING MEASURES s !REA AND SCOPE n DEFINES THE GEOGRAPHICAL AREA WHERE THE "#! OR 37$ APPLIES AND DESCRIBES THE TYPE OF WORK COVERED BY THE "#! OR 37$ s $EFINITIONS n DEFINES THE DIFFERENT CATEGORIES OF EMPLOYEES INCLUDING CASUAL EMPLOYEES s 2EMUNERATION n DESCRIBES MINIMUM WAGES FOR DIFFERENT CATEGORIES OF EMPLOYEES AND INCLUDES MONIES RECEIVED BY THE EMPLOYEE EXCLUDING EX GRATIA PAYMENTS OR BONUSES TO ASSIST EMPLOYEES s 0AYMENT OF REMUNERATION n HOW EMPLOYEES SHOULD BE PAID THEIR WAGES s $EDUCTIONS n FROM AN EMPLOYEES WAGE s (OURS OF WORK AND PAY n THIS INCLUDES PUBLIC HOLIDAYS 3UNDAYS ETC s !NNUAL LEAVE AND SICK LEAVE s 0IECE WORK AND COMMISSION WORK n 0IECE WORK MEANS THAT AN EMPLOYEE IS PAID FOR THE NUMBER OF ITEMS PRODUCED AND NOT FOR THE HOURS WORKED s 4ERMINATION OF CONTRACT OF EMPLOYMENT n HOW MUCH NOTICE AN EMPLOYER MUST GIVE OR BE GIVEN s 0ROHIBITION OF EMPLOYMENT n FOR EXAMPLE PREGNANT WOMEN AND CHILDREN MAY NOT BE ALLOWED TO DO CERTAIN WORK s $ISPUTE RESOLUTION n THE ,ABOUR 2ELATIONS !CT ALLOWS EMPLOYEES AND EMPLOYERS TO COLLECTIVELY AGREE TO DISPUTE RESOLUTION PROCEDURES THAT DIFFER FROM THOSE IN THE !CT )F THERE ARE ANY PARTICULAR TERMS OR CONDITIONS OF EMPLOYMENT THAT ARE NOT SPECIFIED BY A "ARGAINING #OUNCIL !GREEMENT OR A SECTORAL DETERMINATION THEN THOSE TERMS OR CONDITIONS OF EMPLOYMENT IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT WILL APPLY TO EMPLOYEES
(/7 $/ 9/5 +./7 7()#( ,!7 !00,)%3 4/ !. %-0,/9%% !LL EMPLOYEES WILL FALL UNDER ONE OF THE ABOVE LAWS ABOUT CONDITIONS OF EMPLOYMENT -ANY EMPLOYEES FALL UNDER MORE THAN ONE OF THESE LAWS
4HE LAWS WORK IN ORDER OF PRIORITY &OR EXAMPLE IF A "ARGAINING #OUNCIL !GREEMENT OR OTHER CENTRALISED COLLECTIVE AGREEMENT COVERS THE WORK DONE BY AN EMPLOYEE THEN THAT !GREEMENT APPLIES TO THAT EMPLOYEE )F THERE IS NO "ARGAINING #OUNCIL !GREEMENT THEN YOU MUST SEE WHETHER A SECTORAL DETERMINATION OR 7AGE $ETERMINATION APPLIES )F NO "ARGAINING #OUNCIL !GREEMENT OR SECTORAL7AGE $ETERMINATION APPLIES THEN THE "#%! WILL APPLY UNLESS THEY ARE SPECIFICALLY EXCLUDED BY THE "#%! !N INDIVIDUAL CONTRACT OF EMPLOYMENT MAY OVERRIDE THE "ASIC #ONDITIONS OF %MPLOYMENT !CT PROVIDED IT IS DEFINITELY MORE ADVANTAGEOUS FOR THE EMPLOYEE AND PROVIDED IT DOES NOT AFFECT CERTAIN @CORE RIGHTS WHICH ARE IDENTIFIED IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT &).$).' /54 !. %-0,/9%%3 4%2-3 #/.$)4)/.3 /& %-0,/9-%.4 (AS THE -INISTER OF ,ABOUR MADE ANY SPECIAL EXEMPTIONS FOR THE EMPLOYEES INDUSTRY OR AREA OR EMPLOYER
9%3
!NY CONDITIONS OF EMPLOYMENT IN THE SPECIAL EXEMPTIONS OVERRIDE THOSE IN OTHER AGREEMENTS OR DETERMINATIONS
./ )S THERE A "ARGAINING #OUNCIL !GREEMENT FOR THE INDUSTRY AND AREA THAT THE EMPLOYEE WORKS IN
9%3
#ONDITIONS OF EMPLOYMENT IN THE "ARGAINING #OUNCIL !GREEMENT APPLY TO THE EMPLOYEE
./ )S THERE A 7AGE $ETERMINATION OR SECTORAL DETERMINATION FOR THE INDUSTRY AND AREA THAT THE EMPLOYEE WORKS IN
9%3
#ONDITIONS OF EMPLOYMENT IN THE 7AGE $ETERMINATION OR SECTORAL DETERMINATION APPLY TO THE EMPLOYEE
./ )S THERE A COLLECTIVE AGREEMENT BETWEEN EMPLOYEES AND THE EMPLOYEES EMPLOYER
9%3
EXCEPT IF THEY ARE LESS FAVOURABLE TO THE EMPLOYEE THAN THE "#%! THEN THE "#%! OVERRIDES
./
)S THERE AN INDIVIDUAL AGREEMENT CONTRACT OF EMPLOYMENT BETWEEN THE EMPLOYEE AND THE EMPLOYER
#ONDITIONS OF EMPLOYMENT IN THE COLLECTIVE AGREEMENT APPLY TO THE EMPLOYEE
9%3
#ONDITIONS OF EMPLOYMENT IN THE INDIVIDUAL AGREEMENT APPLY TO THE EMPLOYEE EXCEPT IF THEY ARE LESS FAVOURABLE TO THE EMPLOYEE THAN THE "#%! THEN THE "#%! OVERRIDES
./
4(% #/.$)4)/.3 /& %-0,/9-%.4 ). 4(% "#%! !00,9 4/ 4(% %-0,/9%%
/4(%2 %-0,/9-%.4 #/.$)4)/.3 ./4 #/6%2%$ !"/6% !2% !3 3%4 /54 ). 4(% "#%!
"ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! 7(/ )3 #/6%2%$ "9 4(% "#%! !LL EMPLOYEES ARE COVERED BY THE "ASIC #ONDITIONS OF %MPLOYMENT !CT .O OF EXCEPT THE FOLLOWING s MEMBERS OF THE .ATIONAL $EFENCE &ORCE THE .ATIONAL )NTELLIGENCE !GENCY AND THE 3OUTH !FRICAN 3ECRET 3ERVICE s UNPAID VOLUNTARY EMPLOYEES WHO DO WORK FOR A CHARITABLE ORGANISATION s EMPLOYEES WHO WORK FOR AN EMPLOYER FOR LESS THAN HOURS A MONTH s EMPLOYEES ON VESSELS AT SEA WHERE THE -ERCHANT 3HIPPING !CT IS APPLICABLE #ERTAIN SPECIAL PROVISIONS APPLY TO COMPANIES EMPLOYING FEWER THAN TEN EMPLOYEES
0%/0,% %!2.).' !"/6% ! #%24!). !-/5.4 )F A PERSON IS EARNING A GROSS SALARY OF MORE THAN 2 PER YEAR OR 2 PER MONTH THEN THE FOLLOWING SECTIONS OF THE "#%! WILL NOT APPLY TO THEM s SECTION LIMITATIONS ON ORDINARY HOURS OF WORK s SECTION OVERTIME WORK AND PAYMENT s SECTION #OMPRESSED WORKING WEEK s SECTION !VERAGING OF HOURS OF WORK s SECTION PROVISION OF MEAL INTERVALS s SECTION DAILY AND WEEKLY REST PERIOD s SECTION PAY FOR WORK ON 3UNDAYS s SECTION NIGHT WORK s SECTION 0UBLIC HOLIDAYS WHERE AN EMPLOYEE MAY WORK ON A PUBLIC HOLIDAY ON WHICH HESHE WOULD NOT HAVE ORDINARILY WORKED 3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%!
0!24 4)-% #!35!, !.$ 4%-0/2!29 %-0,/9%%3 ! PART TIME EMPLOYEE IS NORMALLY PERMANENTLY EMPLOYED BUT ONLY WORKS PART OF A WORKING DAY OR WEEK ! CASUAL EMPLOYEE IS PERMANENTLY EMPLOYED BUT ONLY WORKS PART OF A WORKING WEEK !N EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH IS NOW FULLY COVERED BY THE PROVISIONS OF THE "#%! INCLUDING PROVISIONS FOR LEAVE AND SICK PAY OVERTIME AND PUBLIC HOLIDAY RATES ! TEMPORARY EMPLOYEE IS NOT PERMANENTLY EMPLOYED BUT ONLY WORKS FOR A SPECIFIC LENGTH OF TIME OR UNTIL A SPECIFIC JOB IS COMPLETED 4HIS IS OFTEN REFERRED TO AS A @FIXED TERM CONTRACT OF EMPLOYMENT 3EE PAGE &IXED TERM CONTRACTS )N MOST CASES PART TIME CASUAL AND TEMPORARY EMPLOYEES WILL BE ENTITLED TO THE SAME BENEFITS AS OTHER EMPLOYEES BUT ON A PRO RATA BASIS 4HEY ARE EXCLUDED FROM SOME PROVISIONS OF THE "#%! FOR EXAMPLE THEY ARE NOT ENTITLED TO FAMILY RESPONSIBILITY LEAVE
0)%#% 7/2+ 0IECE WORK MEANS THAT AN EMPLOYEE IS NOT PAID ACCORDING TO THE HOURS THAT HE OR SHE WORKS 4HE EMPLOYEE IS PAID FOR THE NUMBER OF ITEMS PRODUCED &OR EXAMPLE SEASONAL FARMWORKERS MAY BE PAID FOR THE AMOUNT OF FRUIT THEY PICK 4HE "#%! SAYS NOTHING ABOUT WAGES AND CONDITIONS OF EMPLOYMENT FOR PIECEWORK BECAUSE PIECEWORKERS ARE NOT EMPLOYEES
&2%%,!.#% /2 /543/52#).' !N EMPLOYER MAY PAY SOMEONE WHO WORKS FROM A DIFFERENT PLACE TO DO WORK 4HIS PERSON IS NOT AN EMPLOYEE BUT IS RUNNING THEIR OWN SMALL BUSINESS AND IS OFTEN REFERRED TO AS AN INDEPENDENT CONTRACTOR 4HE CONTRACTOR IS GENERALLY PAID FOR PRODUCING AN AGREED LEVEL OF WORK OR PROVIDING A SERVICE AND IS NOT SUPERVISED OR CONTROLLED BY THE EMPLOYER 4HE INDEPENDENT CONTRACTOR IS NOT COVERED BY THE "#%! 3AKUMSI CUTS PATTERNS FOR DRESSES (E PAYS 4REVOR TO SEW THE PIECES TOGETHER 4REVOR WORKS FROM HIS HOUSE 4REVOR IS NOT EMPLOYED BY 3AKUMSI AND 3AKUMSI DOES NOT HAVE TO MAKE SURE THAT 4REVORgS PAY AND WORKING CONDITIONS ARE ACCORDING TO THE "#%!
%8!-0,%
6!2)!4)/. /& "!3)# #/.$)4)/.3 #ERTAIN RIGHTS IN THE "#%! ARE FUNDAMENTAL AND WILL NOT BE ABLE TO BE VARIED FOR EXAMPLE THE PROHIBITION ON CHILD LABOUR OR THE MAXIMUM NUMBER OF ORDINARY HOURS THAT AN EMPLOYEE CAN BE MADE TO WORK )N COLLECTIVE AGREEMENTS FOR EXAMPLE "ARGAINING #OUNCIL !GREEMENTS EMPLOYEES MAY AGREE TO CONDITIONS THAT ARE DIFFERENT TO CONDITIONS IN THE "#%! AS LONG AS THE AGREEMENT IS CONSISTENT WITH THE PURPOSE OF THE "#%! AND DOES NOT GIVE THEM LESS PROTECTION THAN THEY HAD UNDER THE "#%! NOR REDUCE AN EMPLOYEES ANNUAL LEAVE TO LESS THAN WEEKS NOR REMOVE MATERNITY LEAVE OR SICK LEAVE 3EE S A nF OF THE "#%! %MPLOYEES MAY BE COVERED BY THE "#%! BUT HAVE TERMS AND CONDITIONS OF EMPLOYMENT WHICH VARY FROM THOSE IN THE "#%! 4HE "#%! ALLOWS FOR THE FOLLOWING WAYS OF VARYING BASIC CONDITIONS OF EMPLOYMENT s THE INDIVIDUAL EMPLOYMENT CONTRACT BETWEEN AN EMPLOYEE AND EMPLOYER ALTHOUGH THE SCOPE FOR VARIATION BY THIS METHOD IS EXTREMELY LIMITED s COLLECTIVE BARGAINING BETWEEN A TRADE UNION AND THE %MPLOYER s SECTORAL DETERMINATIONS s THE -INISTER OF ,ABOUR CAN MAKE SPECIAL EXCEPTIONS 3O AN EMPLOYEE WHO IS COVERED BY THE "#%! HAS THE CONDITIONS OF EMPLOYMENT AS SPECIFIED IN THE !CT UNLESS s THE EMPLOYEE HAS AN INDIVIDUAL AGREEMENT EMPLOYMENT CONTRACT WITH THE EMPLOYER s THE EMPLOYEE IS PART OF A COLLECTIVE AGREEMENT WITH THE EMPLOYER s THERE IS A SECTORAL DETERMINATION LIKE A 7AGE $ETERMINATION OR A -INISTERIAL EXEMPTION WHICH OVERRIDES THE CONDITIONS IN THE "#%! 3EE PAGE #HART &INDING OUT AN EMPLOYEES TERMS AND CONDITIONS OF EMPLOYMENT
).$)6)$5!, #/.42!#4 /& %-0,/9-%.4 4HE CONTRACT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! 4HE "#%! SETS OUT THE MINIMUM CONDITIONS OF EMPLOYMENT !NY CONTRACT OF EMPLOYMENT MUST AT LEAST COMPLY WITH ALL ITS PROVISIONS )F A CONTRACT BREAKS ANY PART OF THE "#%! AND A VARIATION ORDER HAS NOT BEEN OBTAINED FROM THE $EPARTMENT OF ,ABOUR IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE CONTRACT 3EE PAGE 4HE CONTRACT OF EMPLOYMENT
#/,,%#4)6% "!2'!).).' 4HE "#%! TOGETHER WITH THE ,2! AIMS TO PROMOTE COLLECTIVE BARGAINING AND THEREFORE ALLOWS VARIATION OF CERTAIN SPECIFIED CONDITIONS THROUGH COLLECTIVE BARGAINING BETWEEN AN EMPLOYER AND EMPLOYEES WHO WORK FOR THAT EMPLOYER 4HEY CAN REACH A COLLECTIVE AGREEMENT ! COLLECTIVE AGREEMENT UNDER THE "#%! MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! )F AN AGREEMENT BREAKS ANY PART OF THE "#%! IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE AGREEMENT 4HERE ARE ALSO CENTRALISED AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS UNDER THE ,ABOUR 2ELATIONS !CT )N CENTRALISED COLLECTIVE BARGAINING EMPLOYEES MAY AGREE TO CONDITIONS THAT ARE DIFFERENT TO "#%! CONDITIONS 4HIS MAY BE BECAUSE IN EXCHANGE THEY GAINED SOMETHING ELSE THEY WANTED MORE OR IT MAY BE BECAUSE THEIR POSITION WAS WEAKER THAN THE EMPLOYERgS 3EE PAGE #OLLECTIVE AGREEMENTS
3%#4/2!, $%4%2-).!4)/.3 4HE "#%! PROVIDES FOR THE ESTABLISHMENT OF AN %MPLOYMENT #ONDITIONS #OMMISSION 4HEY INVESTIGATE CONDITIONS IN A PARTICULAR INDUSTRY OR SECTOR AND MAKE RECOMMENDATIONS TO THE -INISTER OF ,ABOUR 7HEN THE -INISTER APPROVES A RECOMMENDATION FROM THE #OMMISSION THIS IS PUBLISHED IN THE 'OVERNMENT 'AZETTE AS A 7AGE DETERMINATION OR 3ECTORAL DETERMINATION 3EE PAGE 3UMMARY OF THE 3ECTORAL DETERMINATION FOR FARMWORKERS AND PAGE 3UMMARY OF THE 3ECTORAL DETERMINATION FOR DOMESTIC WORKERS
-).)34%2)!, %8%-04)/.3 4HE -INISTER OF ,ABOUR MAY OVERRIDE THE PROVISIONS OF THE "#%! FOR PARTICULAR GROUPS OF EMPLOYEES
02/()")4%$ %-0,/9-%.4 #(),$ ,!"/52 s #HILDREN BELOW THE AGE OF YEARS MAY NOT BE REQUIRED OR PERMITTED TO WORK s #HILDREN BETWEEN THE AGES OF AND MAY NOT PERFORM WORK THAT PLACES THEIR WELL BEING EDUCATION OR PHYSICAL AND MENTAL HEALTH AT RISK 4HE $EPARTMENT OF ,ABOUR AND STATE PROSECUTOR WILL BE PRIMARILY RESPONSIBLE FOR ENFORCING THE RULES ABOUT CHILD LABOUR 4O EMPLOY CHILDREN IS A CRIMINAL OFFENCE
&/2#%$ ,!"/52 .O ONE MAY FORCE EMPLOYEES TO WORK FOR EXAMPLE WHERE THE EMPLOYEE IS FORCED TO WORK WITHOUT PAY AND IN RETURN FOR PAYMENT IN KIND 4HIS IS A CRIMINAL OFFENCE
%.&/2#%-%.4 /& 4(% "#%! 4HE $EPARTMENT OF ,ABOUR IS RESPONSIBLE FOR ENFORCING THE "#%! 4HE $EPARTMENT APPOINTS INSPECTORS WHO HAVE WIDE POWERS TO MAKE SURE EMPLOYERS OBEY THE !CT !N EMPLOYEE WHOSE EMPLOYER IS NOT OBEYING THE "#%! CAN COMPLAIN TO THE $EPARTMENT OF ,ABOUR NOT THE ##-! ! ,ABOUR INSPECTOR WILL INVESTIGATE )F THE INSPECTOR DECIDES THE EMPLOYER IS BREAKING THE LAW HE OR SHE WILL TRY TO GET A WRITTEN PROMISE FROM THE EMPLOYER TO OBEY THE "#%! 4HE INSPECTOR MAY ISSUE A g#OMPLIANCE /RDERg TO EMPLOYERS WHO DO NOT OBEY THE "#%! )F THE EMPLOYER IGNORES THE #OMPLIANCE /RDER THE $EPARTMENT OF ,ABOUR MUST REFER THE MATTER TO THE ,ABOUR #OURT TO FORCE THE EMPLOYER TO OBEY %MPLOYERS ARE ALSO ENTITLED TO APPEAL AGAINST COMPLIANCE ORDERS TO THE $IRECTOR 'ENERAL OF ,ABOUR OR THE ,ABOUR #OURT
)F AN EMPLOYEE AND EMPLOYER ARE IN A DISPUTE ABOUT A MATTER COVERED BY THE ,ABOUR 2ELATIONS !CT AND THEY ARE BUSY TRYING TO RESOLVE THE DISPUTE AT THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! THEN THE ##-! CAN ALSO ORDER THE EMPLOYER TO PAY MONEY THAT IS OWED TO THE EMPLOYEE IN TERMS OF THE EMPLOYEEgS "#%! RIGHTS &OR EXAMPLE IF A DISMISSAL IS BEING CONTESTED AT THE ##-! THE ##-! WILL BE ABLE TO ORDER AN EMPLOYER TO PAY OUTSTANDING MONEY OWED TO THE EMPLOYEE 4HE LAW IS MADE LIKE THIS JUST TO SIMPLIFY PROCEDURES AND TO AVOID THE MATTER HAVING TO GO TO BOTH THE $EPARTMENT OF ,ABOUR AND THE ##-! AND POSSIBLY THE COURTS %MPLOYEES CAN ALSO MAKE THEIR OWN CIVIL CASE IN THE -AGISTRATES #OURT AND THE 3MALL #LAIMS #OURT TO GET MONEY THAT IS OWING TO THEM 4HE $EPARTMENT OF ,ABOUR WILL MAKE A CRIMINAL CASE AGAINST AN EMPLOYER FOR EMPLOYMENT OF CHILD LABOUR
35--!29 /& 02/6)3)/.3 ). 4(% "#%! 7/2+).' 4)-%3 !.$ 0!9 s 4HE MAXIMUM HOURS OF WORK IS HOURS PER WEEK FOR ORDINARY PAY 3EE S OF THE "#%! s 4HE MAXIMUM LENGTH OF A WORKING DAY IS HOURS IF THE EMPLOYEE WORKS A DAY WEEK BUT HOURS A DAY IF THE EMPLOYEE WORKS A DAY WEEK 7HERE THE WORKING WEEK IS COMPRESSED SQUASHED INTO FEWER DAYS THEN SHIFTS OF LONGER HOURS MAY BE INTRODUCED WITH THE EMPLOYEES CONSENT &OR EXAMPLE AN EMPLOYEE CAN AGREE TO WORK SHIFTS OF HOURS OVER WORKING DAYS s /VERTIME IS VOLUNTARY .O EMPLOYEE MAY WORK MORE THAN HOURS OF OVERTIME PER WEEK /VERTIME MUST BE PAID PER HOUR OF OVERTIME WORKED AT A RATE OF ONE AND A HALF TIMES THE EMPLOYEES ORDINARY HOURLY WAGE )N ADDITION NO EMPLOYEE MAY WORK MORE THAN HOURS SPREAD OVER IN ANY DAY INCLUDING OVERTIME ON THAT DAY %VEN THOUGH OVERTIME IS VOLUNTARY IF THE EMPLOYEE AGREED IN THE ORIGINAL CONTRACT TO WORK OVER TIME WHEN NECESSARY THEN REASONABLE OVERTIME MUST BE WORKED )F THE EMPLOYEE REFUSES TO WORK OVERTIME THEN HESHE IS IN BREACH OF THE CONTRACT AND THE EMPLOYER CAN TAKE DISCIPLINARY ACTION AGAINST THE EMPLOYEE !N EMPLOYER WHO IS EMPLOYING LESS THAN EMPLOYEES ONLY NEEDS TO PAY OVERTIME AT TIME AND A THIRD OF THE NORMAL WAGE 4HE EMPLOYER CAN ALSO AGREE WITH THE EMPLOYEE TO WORK UP TO HOURS OVERTIME DURING A WEEK AS AGAINST THE NORMAL TEN HOURS ./4%
7HILE INDIVIDUAL OVERTIME IS VOLUNTARY SUBJECT TO AN AGREEMENT A COLLECTIVE OR JOINT REFUSAL BY A NUMBER OF EMPLOYEES TO WORK NORMAL OVERTIME WILL PROBABLY CONSTITUTE A STRIKE OR INDUSTRIAL ACTION s 0AYMENT FOR 3UNDAY WORK MUST BE THE GREATER OF n EITHER DOUBLE THE NORMAL HOURLY RATE FOR THE AMOUNT OF 3UNDAY HOURS WORKED /2 n ONE FULL DAYS PAY EVEN IF THE EMPLOYEE ONLY WORKED THREE HOURS THAT 3UNDAY )F IT IS NORMALLY PART OF AN EMPLOYEES JOB TO WORK ON A 3UNDAY THEN SHE MUST BE PAID AT A RATE OF TIME AND A HALF HISHER NORMAL HOURLY RATE s %MPLOYEES ARE ENTITLED TO BE PAID FOR PUBLIC HOLIDAYS WHICH FALL ON A DAY THAT THEY NORMALLY WOULD HAVE WORKED n EVEN THOUGH THEY WILL BE OFF AND NOT WORKING ON THE PUBLIC HOLIDAY !N EMPLOYEE CAN AGREE TO WORK ON A PUBLIC HOLIDAY BUT THIS IS VOLUNTARY )F AN EMPLOYEE DOES AGREE TO WORK ON A PUBLIC HOLIDAY HE MUST GET TWO ORDINARY WORKING DAYS OFF IN EXCHANGE OR HE MUST BE PAID DOUBLE THE NORMAL HOURLY RATE FOR THE AMOUNT OF HOURS WORKED ON THE PUBLIC HOLIDAY 7HERE A PUBLIC HOLIDAY FALLS ON A 3UNDAY THE FOLLOWING -ONDAY IS REGARDED AS A PUBLIC HOLIDAY
4HE PUBLIC HOLIDAYS ARE
*ANUARY -ARCH 6ARIABLE 6ARIABLE !PRIL -AY *UNE !UGUST 3EPTEMBER $ECEMBER $ECEMBER $ECEMBER
.EW 9EARgS $AY (UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY &REEDOM $AY %MPLOYEESg $AY 9OUTH $AY .ATIONAL 7OMENgS $AY (ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL
s .IGHT WORK AFTER PM AND BEFORE AM IS VOLUNTARY %MPLOYEES MUST BE PAID AN EXTRA ALLOWANCE FOR ALL HOURS WORKED AS NIGHT OR HAVE THEIR WORKING HOURS REDUCED 4RANSPORT MUST BE AVAILABLE FOR THE EMPLOYEES TO GET FROM THEIR HOMES TO WORK AND BACK 4HE LAW IS UNCLEAR AS TO WHO MUST @PROVIDE OR PAY FOR SUCH TRANSPORT
&,%8)"),)49 ). 7/2+).' (/523 4HE "#%! ALLOWS FOR SOME FLEXIBILITY IN THE ARRANGEMENT OF WORKING HOURS BY AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES COLLECTIVE AGREEMENT OR ONE EMPLOYEE INDIVIDUAL AGREEMENT s #OMPRESSED WORKING WEEK BY COLLECTIVE OR INDIVIDUAL AGREEMENT %MPLOYEES CAN WORK UP TO HOURS OF NORMAL WORK ON ANY DAY WITHOUT RECEIVING OVERTIME PAY "UT THE EMPLOYEES MAY STILL NOT WORK MORE THAN NORMAL HOURS PER WEEK AND MAY NOT WORK ON MORE THAN DAYS IN A WEEK !NY TIME WORKED BEYOND HOURS IN THE WEEK SHOULD BE PAID AT OVERTIME RATES OF TIME AND A HALF s !VERAGING OF WORKING HOURS BY COLLECTIVE AGREEMENT ONLY !VERAGING MEANS EMPLOYEES CAN AGREE TO WORK LONGER HOURS THAN THE "#%! USUALLY ALLOWS IF THEY GET THE SAME NUMBER OF EXTRA HOURS OFF AT A LATER TIME 4HIS WOULD FOR EXAMPLE MEAN THAT EMPLOYEES COULD AGREE TO WORK LONGER HOURS IN ONE WEEK FOR NORMAL PAY IF THEY WORK REDUCED HOURS FOR NORMAL PAY THE FOLLOWING WEEK "UT THE EMPLOYEES MAY STILL NOT WORK MORE THAN AN AVERAGE OF ORDINARY HOURS PER WEEK DURING THIS PERIOD !LSO THE AGREEMENT CANNOT GO ON FOR LONGER THAN MONTHS 7HERE REFERENCE IS MADE TO A COLLECTIVE AGREEMENT THEN THIS AGREEMENT SHOULD BE MADE THROUGH THE EMPLOYEES TRADE UNION
0!9-%.4 ). +).$ 7AGES CAN BE PAID PARTLY IN KIND IF THE LAW PROVIDES FOR THIS 0AYMENT IN KIND MEANS THAT AN EMPLOYER PAYS AN EMPLOYEE HIS OR HER WAGE THROUGH GIVING HIM OR HER HOUSING USE OF LAND OR FOOD AS WELL AS MONEY (OWEVER THIS CAN ONLY BE DONE IF THE -INISTER OF ,ABOUR DECIDES THAT PAYMENT IN KIND SHOULD APPLY TO A CERTAIN SECTOR 4HE -INISTER WILL ALSO DECIDE WHAT FORMULA TO USE TO DETERMINE THE VALUE OF THE PAYMENT IN KIND
$%$5#4)/.3 $EDUCTIONS FROM WAGES OTHER THAN THOSE REQUIRED BY LAW ARE NOT PERMITTED WITHOUT THE WRITTEN CONSENT OF THE EMPLOYEE 4HE DEDUCTIONS REQUIRED BY LAW WHICH AN EMPLOYER MAKES FROM THE WAGES OF AN EMPLOYEE ARE AS FOLLOWS s 5NEMPLOYMENT )NSURANCE &UND 5)& s 3)4% TAX s ANY DEDUCTION ORDERED BY A COURT
4HE LAWFUL DEDUCTIONS WHICH AN EMPLOYER CAN MAKE FROM THE WAGES OF AN EMPLOYEE IF THE EMPLOYEE INSTRUCTS THE EMPLOYER IN WRITING TO MAKE THE DEDUCTION ARE AS FOLLOWS s TRADE UNION SUBSCRIPTIONS s MEDICAL AID CONTRIBUTIONS s PENSION OR PROVIDENT FUND s MONEY TO PAY BACK A HOUSING LOAN OR OTHER LOAN FROM THE EMPLOYER s MONEY FOR FOOD AND ACCOMMODATION s &OR LOSS OR DAMAGES SUFFERED AT WORK PROVIDED THE EMPLOYEE HAS BEEN GIVEN A HEARING TO EXPLAIN THE FACTS AND HAS AGREED IN WRITING TO SUCH DEDUCTION 4HE AMOUNT THAT CAN BE DEDUCTED CAN BE EQUAL TO BUT NOT MORE THAN OF THE NORMAL WAGE TO OFFSET LOSSES /FTEN EMPLOYERS ALSO MAKE UNLAWFUL DEDUCTIONS FROM EMPLOYEESg WAGES %XAMPLES ARE WHEN s THE EMPLOYER SAYS THERE WERE SHORTAGES IN A TILL AND THE EMPLOYEE HAS TO PAY BACK THE SHORTAGES s THE EMPLOYEE BREAKS SOMETHING AT WORK s THE EMPLOYEE OWES THE EMPLOYER MONEY BUT DID NOT AGREE THAT THE AMOUNT OWING SHOULD BE DEDUCTED s THE EMPLOYEE IS OFF SICK AND THE EMPLOYER DEDUCTS MONEY FOR THE DAYS NOT WORKED s THE EMPLOYEE IS ABSENT FROM WORK WITHOUT LEAVE FOR EXAMPLE FAMILY RESPONSIBILITY LEAVE )F AN EMPLOYER WANTS TO DEDUCT A FINE FROM AN EMPLOYEEgS WAGE TO COMPENSATE THE EMPLOYER FOR LOSS OR DAMAGE THE EMPLOYER CAN ONLY DEDUCT THE FINE IF s THE LOSSDAMAGE HAPPENED DURING THE gCOURSE AND SCOPE OF EMPLOYMENTg s THE EMPLOYEE WAS AT FAULT s A FAIR HEARING WAS HELD TO GIVE THE EMPLOYEE A CHANCE TO STATE HER OR HIS CASE s THE EMPLOYER DOES NOT DEDUCT MORE THAN THE ACTUAL VALUE OF THE LOSS OR DAMAGE s THE TOTAL AMOUNT DEDUCTED IS NO MORE THAN OF THE EMPLOYEES WAGES s THE EMPLOYEE GIVES CONSENT IN WRITING 3EE PAGE 0ROBLEM -ONEY IS DEDUCTED FROM AN EMPLOYEES WAGES
$!),9 !.$ 7%%+,9 2%34 0%2)/$3 s .O EMPLOYEEgS HOURS OF WORK MAY BE SPREAD OVER MORE THAN HOURS PER DAY g3PREAD OVERg MEANS FROM THE START OF WORK TO THE END OF WORK INCLUDING ANY BREAKS FOR MEALS OR REST AND ANY OVERTIME s ! REST PERIOD OF HOUR IS REQUIRED AFTER EVERY HOURS WORKED 4HIS CAN BE REDUCED TO MINUTES IF THE EMPLOYEE AND EMPLOYER AGREE IN WRITING s %VERY EMPLOYEE IS ENTITLED TO A DAILY REST PERIOD OF HOURS FROM THE END OF WORK ON ONE DAY TO THE START OF WORK ON THE FOLLOWING DAY 4HIS REST PERIOD CAN BE REDUCED TO HOURS IF AN EMPLOYEE LIVES ON THE PREMISES AND GETS A MEAL BREAK OF AT LEAST HOURS THIS MAY BE RELEVANT TO DOMESTIC WORKERS CARETAKERS FARMWORKERS AND SO ON s %VERY EMPLOYEE IS ENTITLED TO A WEEKLY REST PERIOD OF CONTINUOUS HOURS &OR MANY EMPLOYEES THIS IS OVER THE WEEKEND s !N AGREEMENT IN WRITING BETWEEN THE EMPLOYER AND EMPLOYEE MAY REDUCE THE MEAL INTERVAL TO NOT LESS THAN MINUTES OR DO AWAY WITH A MEAL INTERVAL IF THE EMPLOYEE WORKS LESS THAN HOURS ON A DAY
4HE AGREEMENT CAN ALSO PROVIDE FOR A REST PERIOD OF AT LEAST CONSECUTIVE HOURS HOURS IN A ROW EVERY TWO WEEKS 4HE "#%! MAKES NO PROVISION FOR TEA INTERVALS ALTHOUGH IT IS COMMON FOR THE EMPLOYER TO GRANT TWO TEA INTERVALS PER SHIFT 4HESE INTERVALS ARE NORMALLY DEEMED TO BE @PAID TIME
,%!6% ,EAVE CAN BE ANNUAL YEARLY LEAVE SICK LEAVE MATERNITY LEAVE FAMILY RESPONSIBILITY LEAVE OR UNPAID LEAVE
!..5!, ,%!6% s %VERY EMPLOYEE IS ENTITLED TO CONSECUTIVE DAYS PAID LEAVE PER YEAR 4HIS IS THE EQUIVALENT OF THREE WEEKS TIME OFF s 4HE EMPLOYEE IS ENTITLED TO TAKE DAYS ALL IN ONE GO BUT CAN CHOOSE TO USE THE ANNUAL LEAVE TO TAKE OCCASIONAL DAYS OFF WORK 4HE EMPLOYER THEN DEDUCTS THESE DAYS OF OCCASIONAL LEAVE THAT AN EMPLOYEE TOOK DURING THE YEAR FROM THE ANNUAL LEAVE DAYS s !NNUAL LEAVE MUST BE TAKEN WITHIN MONTHS OF THE END OF AN ANNUAL LEAVE CYCLE A YEARgS WORK s )F THE EMPLOYEE IS OFF WORK ON ANY OTHER KIND OF LEAVE THESE DAYS DO NOT COUNT AS PART OF ANNUAL LEAVE !NOTHER WAY OF SAYING THIS IS THAT ANNUAL LEAVE CANNOT BE TAKEN AT THE SAME TIME AS SICK LEAVE FAMILY RESPONSIBILITY LEAVE OR MATERNITY LEAVE s )F THE LEAVE PERIOD COVERS A PUBLIC HOLIDAY THEN THE PUBLIC HOLIDAY DOES NOT COUNT AS PART OF THE EMPLOYEEgS LEAVE AND THE EMPLOYEE SHOULD BE GIVEN AN EXTRA DAYS LEAVE 0AID PUBLIC HOLIDAYS ARE *ANUARY .EW 9EARgS $AY -ARCH (UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY !PRIL &REEDOM $AY -AY %MPLOYEESg $AY *UNE 9OUTH $AY !UGUST .ATIONAL 7OMENgS $AY 3EPTEMBER (ERITAGE $AY $ECEMBER $AY OF 2ECONCILIATION $ECEMBER #HRISTMAS $AY $ECEMBER $AY OF 'OODWILL s !NNUAL LEAVE CANNOT BE TAKEN AT THE SAME TIME AS THE NOTICE PERIOD s ,EAVE PAY IS NOT A BONUS ON TOP OF NORMAL PAY )T SIMPLY MEANS THAT AN EMPLOYEE GETS A HOLIDAY EVERY YEAR AND GETS NORMAL PAY FOR THOSE DAYS )F AN EMPLOYEE DOESNgT TAKE LEAVE OR ALL THE LEAVE THE EMPLOYER WILL NOT PAY OUT LEAVE PAY INSTEAD OF LEAVE s )F AN EMPLOYEE LEAVES A JOB WITHOUT HAVING TAKEN ALL THE LEAVE THAT IS DUE TO THEM THE EMPLOYEE MUST BE PAID FOR THE DAYS OF LEAVE THAT THEY HAVE NOT TAKEN 4HIS IS CALLED PRO RATA LEAVE PAY 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
3)#+ ,%!6% s ! PERMANENT EMPLOYEE IS ENTITLED TO PAID SICK LEAVE OF DAYS OVER ANY YEAR CYCLE DAYS IF THE EMPLOYEE WORKS A DAY WEEK $URING THE FIRST MONTHS THAT AN EMPLOYEE WORKS FOR AN EMPLOYER SHE OR HE GETS DAY PAID SICK LEAVE FOR EVERY DAYS WORKED /NCE ALL THESE PAID SICK LEAVE DAYS ARE USED UP THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE WHEN HE OR SHE IS OFF SICK s /NLY AN EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH EARNS SICK LEAVE AND THIS IS ON THE BASIS OF ONE DAYS LEAVE FOR EVERY DAYS WORKED s 3EASONAL OR TEMPORARY EMPLOYEES ARE ENTITLED TO DAYgS SICK LEAVE FOR EVERY DAYS WORKED OVER THE FIRST MONTH CYCLE s %MPLOYEES WHO ARE SICK FOR MORE THAN DAYS MAY BE REQUIRED TO PRODUCE A DOCTORgS CERTIFICATE )F AN EMPLOYEE LIVES ON THE PREMISES AND IT IS DIFFICULT FOR HIMHER TO GET TO A DOCTOR FOR EXAMPLE IN RURAL AREAS THE EMPLOYEE DOES NOT HAVE TO PRODUCE A CERTIFICATE UNLESS THE EMPLOYER GIVES THE EMPLOYEE REASONABLE ASSISTANCE TO GET THE CERTIFICATE
s 3ICK LEAVE PAY IS NOT A BONUS ON TOP OF NORMAL PAY )T SIMPLY MEANS THAT IF AN EMPLOYEE IS GENUINELY SICK AND HAS TO TAKE TIME OFF WORK THE EMPLOYER MUST PAY THE EMPLOYEE UP TO A CERTAIN NUMBER OF DAYS &OR EXAMPLE IF A WAITRESS IN A RESTAURANT ONLY TAKES DAYS SICK LEAVE THIS YEAR THE EMPLOYER DOES NOT OWE HER THE MONEY FOR THE REMAINING SICK LEAVE DAYS AT THE END OF THE YEAR
&!-),9 2%30/.3)"),)49 ,%!6% %VERY EMPLOYEE WITH MORE THAN MONTHS SERVICE WITH AN EMPLOYER AND WHO WORKS ON MORE THAN DAYS A WEEK IS ENTITLED TO DAYS PAID FAMILY RESPONSIBILITY LEAVE PER YEAR 4HIS CAN BE TAKEN IF A DIRECT FAMILY MEMBER DIES OR WHEN A CHILD IS BORN OR IS ILL ! TOTAL OF THREE DAYS IS ALLOCATED FOR THIS KIND OF LEAVE AND NOT THREE DAYS FOR EACH EVENT
-!4%2.)49 ,%!6% 7OMEN EMPLOYEES ARE ENTITLED TO UP TO MONTHS UNPAID MATERNITY LEAVE $URING THIS TIME THE EMPLOYEE MAY DRAW MATERNITY BENEFITS FROM THE 5NEMPLOYMENT )NSURANCE &UND )F THE MOTHER WISHES TO RETURN TO WORK WITHIN DAYS OF HAVING HER CHILD SHE NEEDS TO GIVE THE EMPLOYER A MEDICAL CERTIFICATE WHICH SAYS THAT SHE IS HEALTHY TO RETURN TO NORMAL WORK 3EE PAGE 5)& -ATERNITY BENEFITS
5.0!)$ ,%!6% !N EMPLOYER MAY AGREE TO LET AN EMPLOYEE TAKE EXTRA DAYS OF ANNUAL LEAVE OR THE EMPLOYEE MAY BE SICK FOR LONGER THAN THE PAID SICK LEAVE 4HEN THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THESE DAYS AND THIS IS KNOWN AS 5NPAID ,EAVE
!"3%.4 7)4(/54 ,%!6% )F AN EMPLOYEE TAKES LEAVE WITHOUT GETTING PERMISSION FROM THE EMPLOYER AND IS NOT SICK THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE TIME TAKEN OFF )F THE EMPLOYEE TAKES OFF MANY DAYS IN A ROW WITHOUT PERMISSION NORMALLY MORE THAN DAYS IN A ROW OR OFTEN TAKES TIME OFF WITHOUT PERMISSION THE EMPLOYER MAY PRESUME THAT THE EMPLOYEE HAS DESERTED LEFT WITHOUT GIVING NOTICE HIS OR HER EMPLOYMENT 4HE EMPLOYER MAY EMPLOY SOMEONE ELSE TO DO THE JOB PROVIDED HESHE HAS TRIED TO FIND OUT WHY THE EMPLOYEE HAS NOT RETURNED TO WORK )N THIS CASE THE EMPLOYER DOES NOT GIVE THE EMPLOYEE NOTICE "UT IF THE EMPLOYEE RETURNS FAIR DISMISSAL RULES MUST BE FOLLOWED
./4)#% s $URING THE FIRST SIX MONTHS OF EMPLOYMENT EMPLOYEES WILL BE ENTITLED TO AT LEAST WEEKgS NOTICE OF THE TERMINATION OF THEIR SERVICES s !FTER THE FIRST SIX MONTHS BUT DURING THE FIRST YEAR OF EMPLOYMENT EMPLOYEES WILL BE ENTITLED TO WEEKgS NOTICE s )F THEY HAVE WORKED FOR MORE THAN ONE YEAR EMPLOYEES ARE ENTITLED TO WEEKgS NOTICE s )F AN EMPLOYMENT CONTRACT HAS A LONGER PERIOD OF NOTICE THAN THE "#%! THE LONGER NOTICE MUST BE GIVEN s .OTICE WORKS BOTH WAYS )F AN EMPLOYEE RESIGNS WITHOUT GIVING THE EMPLOYER THE CORRECT AMOUNT OF NOTICE FOR EXAMPLE ONE WEEK THE EMPLOYER CAN CLAIM ONE WEEKgS PAY FROM THE EMPLOYEE 3EE PAGE $ISMISSALS ABOUT EMPLOYEES RIGHTS BEFORE AND AFTER DISMISSAL s .OTICE MUST BE IN WRITING s .EITHER THE EMPLOYER NOR THE EMPLOYEE CAN GIVE NOTICE WHILE THE EMPLOYEE IS ON LEAVE s &ARMWORKERS AND DOMESTIC WORKERS WHO HAVE BEEN EMPLOYED FOR MORE THAN MONTHS ARE ENTITLED TO WEEKS NOTICE 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
!LL EMPLOYEES ARE ENTITLED TO A WRITTEN CERTIFICATE OF SERVICE WHEN THE EMPLOYEE STOPS WORKING FOR THAT EMPLOYER 4HE CERTIFICATE OF SERVICE SETS OUT THE FULL NAME OF THE EMPLOYER AND THE EMPLOYEE THE JOBS THAT THE EMPLOYEE WAS DOING THE DATE THAT THE EMPLOYEE BEGAN WORKING AND THE DATE THAT THE WORK ENDED AND THE WAGE AT THE TIME THAT THE JOB ENDED INCLUDING PAYMENT IN KIND
!$-).)342!4)/. %XCEPT FOR DOMESTIC WORKERS OR EMPLOYEES WHO WORK LESS THAN HOURS A MONTH WHEN THE JOB STARTS THE EMPLOYER MUST GIVE THE EMPLOYEE WRITTEN PARTICULARS ABOUT THE JOB INCLUDING s A DESCRIPTION OF THE JOB s THE HOURS THAT THE EMPLOYEE WILL BE EXPECTED TO WORK s ORDINARY AND OVERTIME RATES OF PAYMENT INCLUDING PAYMENT IN KIND AND ITS VALUE s ANY DEDUCTIONS TO BE MADE s HOW MUCH LEAVE THE EMPLOYEE WILL GET s THE NOTICE PERIOD 4HIS DOCUMENT IS LIKE A CONTRACT OF EMPLOYMENT BUT THE EMPLOYEE DOESNgT HAVE TO SIGN IT )F AN EMPLOYEE CANgT READ THE PARTICULARS MUST BE EXPLAINED IN A LANGUAGE THE EMPLOYEE UNDERSTANDS !N EMPLOYER WHO EMPLOYS FEWER THAN EMPLOYEES DOES NOT HAVE TO PROVIDE THE ABOVE DETAILS 4HE "#%! SAYS AN EMPLOYER MUST HAND THE EMPLOYEE HIS OR HER WAGES WITH CERTAIN DETAILS ON A PAYSLIP INCLUDING s THE PERIOD FOR WHICH THE EMPLOYEE IS BEING PAID s THE NUMBER OF OVERTIME HOURS WORKED s THE NUMBER OF HOURS WORKED ON A 3UNDAY OR PUBLIC HOLIDAY s THE WAGES DUE TO THE EMPLOYEE BOTH NORMAL AND OVERTIME s THE AMOUNT AND REASON FOR ANY DEDUCTIONS MADE FOR TAX PENSION 5)& AND SO ON s THE ACTUAL AMOUNT PAID 4HE "#%! SAYS THE EMPLOYERS MUST KEEP THE FOLLOWING RECORDS s THE TIME WORKED BY EACH EMPLOYEE s THE WAGES PAID TO EACH EMPLOYEE
02/()")4)/. /& 6)#4)-)3!4)/. !.$ %80,/)4!4)/. !N EMPLOYER MAY NOT VICTIMISE AN EMPLOYEE WHO REFUSES TO DO SOMETHING THAT IS AGAINST THE "#%! &OR EXAMPLE IF AN EMPLOYEE SAYS SHE CANNOT WORK OVERTIME BECAUSE HER BABY IS SICK AT HOME THE EMPLOYER CANNOT DISMISS HER BECAUSE THE "#%! SAYS THAT AN EMPLOYER CANNOT MAKE AN EMPLOYEE WORK OVERTIME WITHOUT THE EMPLOYEEgS CONSENT
#OLLECTIVE AGREEMENTS #OLLECTIVE BARGAINING IS WHERE EMPLOYEES NORMALLY REPRESENTED BY A TRADE UNION AND EMPLOYERS NEGOTIATE WITH EACH OTHER ABOUT TERMS AND CONDITIONS OF EMPLOYMENT IN ORDER TO REACH A COLLECTIVE AGREEMENT 4HE COLLECTIVE AGREEMENT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! ! COLLECTIVE AGREEMENT OVERRIDES ANY INDIVIDUAL CONTRACT OF EMPLOYMENT #OLLECTIVE AGREEMENTS CAN BE OF TWO KINDS s 4HE "#%! ALLOWS VARIATION OF CERTAIN SPECIFIED CONDITIONS IN THE "#%! THROUGH COLLECTIVE BARGAINING BETWEEN A GROUP OF EMPLOYEES REPRESENTED BY A REGISTERED UNION WORKING FOR THE SAME EMPLOYER USUALLY AT ONE WORKPLACE AND THE EMPLOYER
s 4HE ,ABOUR 2ELATIONS !CT ALLOWS CENTRALISED COLLECTIVE BARGAINING BETWEEN GROUPS OF EMPLOYEES IN THE SAME INDUSTRY OR SECTOR AND EMPLOYERS IN THAT INDUSTRY OR SECTOR 4HEY DRAW UP A "ARGAINING #OUNCIL !GREEMENT WHICH BUSINESSES COVERED BY THAT AGREEMENT IN THAT SECTOR HAVE TO FOLLOW s 4HE !CT ALSO ALLOWS FOR A #OLLECTIVE !GREEMENT TO BE ENTERED INTO WITHIN AN ORGANISATION BETWEEN A REGISTERED TRADE UNION AND THE EMPLOYER
7/2+0,!#% "!3%$ #/,,%#4)6% !'2%%-%.43 ! GROUP OF EMPLOYEES WORKING FOR THE SAME EMPLOYER USUALLY AT ONE WORKPLACE AND THE EMPLOYER NEGOTIATE AND MAKE A COLLECTIVE AGREEMENT 4HE COLLECTIVE AGREEMENT COVERS TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WORKING FOR THAT EMPLOYER 4HE "#%! SAYS WHAT THINGS EMPLOYEES AND EMPLOYERS ARE FREE TO MAKE COLLECTIVE AGREEMENTS ABOUT &OR EXAMPLE EMPLOYEES AND THEIR EMPLOYER CANNOT COLLECTIVELY AGREE THAT CHILD LABOUR WILL BE ALLOWED #ERTAIN CORE RIGHTS CANNOT BE ALTERED 4HESE INCLUDE NORMAL WORKING HOURS HOURS MATERNITY LEAVE NIGHT WORK PROVISIONS ETC ! WORKPLACE BASED AGREEMENT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! 4HE "#%! SETS OUT THE MINIMUM CONDITIONS OF EMPLOYMENT )F AN AGREEMENT BREAKS ANY PART OF THE "#%! IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE AGREEMENT )F THE COLLECTIVE AGREEMENT DOES NOT COVER CERTAIN TERMS AND CONDITIONS OF EMPLOYMENT THEN THOSE TERMS AND CONDITIONS IN THE "#%! APPLY TO THE EMPLOYEES .OTICE TO TERMINATE A COLLECTIVE AGREEMENT MUST BE GIVEN IN WRITING ! COLLECTIVE AGREEMENT CAN BE MADE APPLICABLE FOR ALL EMPLOYEES IN A BARGAINING UNIT IN OTHER WORDS NON UNION MEMBERS IF THE UNION IS A MAJORITY UNION AND THE AGREEMENT SPECIFIES THOSE EMPLOYEES TO BE COVERED BY SUCH COLLECTIVE AGREEMENT
%.&/2#%-%.4 /& ! 7/2+0,!#% "!3%$ #/,,%#4)6% !'2%%-%.4 )F YOU ARE HELPING AN EMPLOYEE WITH A PROBLEM WHICH IS COVERED BY A COLLECTIVE AGREEMENT UNDER THE "#%! THEN YOU REFER THE PROBLEM TO THE ##-! OR "ARGAINING #OUNCIL IF YOU HAVE FAILED TO SOLVE THE PROBLEM WITH THE EMPLOYER ON YOUR OWN )F THERE IS DISAGREEMENT OVER AN INTERPRETATION OF A COLLECTIVE AGREEMENT OR HOW IT IS BEING APPLIED THEN THIS CAN BE REFERRED TO THE ##-! OR APPROPRIATE "ARGAINING #OUNCIL FOR CONCILIATION AND FINAL ARBITRATION
"!2'!).).' #/5.#), !'2%%-%.43 ! "ARGAINING #OUNCIL !GREEMENT IS THE OUTCOME OF CENTRALISED COLLECTIVE BARGAINING UNDER THE ,ABOUR 2ELATIONS !CT ! "ARGAINING #OUNCIL !GREEMENT SETS OUT TERMS AND CONDITIONS OF EMPLOYMENT FOR A PARTICULAR INDUSTRY IN A PARTICULAR AREA 4HE CONDITIONS IN THE COLLECTIVE AGREEMENT MAY BE BETTER FOR EMPLOYEES THAN THOSE IN THE "#%! %MPLOYEES MAY AGREE TO CONDITIONS WHICH ARE DIFFERENT TO THOSE IN THE "#%! PROVIDED THEY DO NOT AFFECT CERTAIN CORE RIGHTS 3EE 3 OF THE "#%!
(/7 !2% "!2'!).).' #/5.#), !'2%%-%.43 -!$% "ARGAINING #OUNCILS ARE PERMANENT STRUCTURES 4HEY ARE MADE UP OF REPRESENTATIVES OF EMPLOYERS ON THE ONE HAND AND OF TRADE UNIONS ON THE OTHER 4HE ,ABOUR 2ELATIONS !CT SETS OUT CONDITIONS FOR SETTING UP "ARGAINING #OUNCILS 4HE TWO PARTIES TO A "ARGAINING #OUNCIL NEGOTIATE TOGETHER TO MAKE A "ARGAINING #OUNCIL !GREEMENT WHICH IS REPORTED IN THE 'OVERNMENT 'AZETTE ! "ARGAINING #OUNCIL MAY ASK THE -INISTER OF ,ABOUR IN WRITING TO EXTEND A COLLECTIVE AGREEMENT TO ANY NON PARTIES TO THE AGREEMENT WHO ARE WITHIN THE SCOPE OF THE COUNCIL
)F THERE IS NO "ARGAINING #OUNCIL IN A SECTOR UNIONS OR EMPLOYER ORGANISATIONS CAN APPLY TO ESTABLISH A 3TATUTORY #OUNCIL UNDER THE ,ABOUR 2ELATIONS !CT &OR A 3TATUTORY #OUNCIL TO BE INTRODUCED THE UNIONS IN THAT SECTOR MUST REPRESENT OR MORE OF EMPLOYEES IN THE SECTOR AND THE EMPLOYERSg ORGANISATION MUST REPRESENT OR MORE OF EMPLOYERS IN THE SECTOR 3TATUTORY #OUNCILS CAN NEGOTIATE EDUCATION AND TRAINING BENEFIT FUNDS AND DISPUTE RESOLUTION IN THE SECTOR )N 3TATUTORY #OUNCILS EMPLOYERS ARE NOT FORCED TO NEGOTIATE OVER WAGES AND CONDITIONS OF EMPLOYMENT ! 3TATUTORY #OUNCIL MAY BECOME A "ARGAINING #OUNCIL LATER !T PRESENT IN 3OUTH !FRICA ONLY ONE STATUTORY COUNCIL HAS BEEN CREATED THIS IS IN THE PRINTING INDUSTRY
%.&/2#%-%.4 /& ! "!2'!).).' #/5.#), !'2%%-%.4 )T IS AN OFFENCE FOR EMPLOYERS OR EMPLOYEES WORKING IN A PARTICULAR INDUSTRY AND AREA NOT TO OBEY THE TERMS OF THE "ARGAINING #OUNCIL !GREEMENT !NY PROBLEMS ABOUT ANY OF THE WORKING CONDITIONS IN THE !GREEMENT MUST BE REFERRED TO THE "ARGAINING #OUNCIL FOR INVESTIGATION 4HE "ARGAINING #OUNCILS AGENTS HAVE POWERS OF INSPECTION SIMILAR TO ,ABOUR )NSPECTORS IN TERMS OF THE "#%! 3UCH AGENTS CAN PROVIDE #OMPLIANCE /RDERS WHERE EMPLOYERS ARE IN BREACH OF THE COUNCIL AGREEMENT 3EE PAGE 0ROBLEM %MPLOYEES IS PAID BELOW THE MINIMUM WAGE
3%44,).' $)3054%3 5.$%2 ! "!2'!).).' #/5.#), 4HE "ARGAINING #OUNCIL ALSO PLAYS A ROLE IN SETTLING DISPUTES SUCH AS UNFAIR LABOUR PRACTICES OR UNFAIR DISMISSALS IN A PARTICULAR INDUSTRY $ISPUTES MUST BE REFERRED TO THE RELEVANT "ARGAINING #OUNCIL FOR CONCILIATION IF A "ARGAINING #OUNCIL EXISTS IN THE 3ECTOR 4HE #OUNCIL ACTS AS A MEDIATOR TO TRY TO HELP THE TWO PARTIES NEGOTIATE A SOLUTION )F THE CONCILIATION DOES NOT RESOLVE THE DISPUTE EITHER OF THE PARTIES MAY REFER THE MATTER FOR ARBITRATION TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! UNLESS THE "ARGAINING #OUNCIL HAS ITS OWN ACCREDITED ARBITRATORS 4HE "ARGAINING #OUNCIL DISPUTE RESOLUTION PROCEDURE IS SIMILAR TO THE ##-! DISPUTE RESOLUTION PROCEDURE ! "ARGAINING #OUNCIL OR ##-! ARBITRATOR MAY MAKE AN AWARD ORDERING THE EMPLOYER TO PAY AN AMOUNT OWING OR IMPOSE A FINE OR AN APPROPRIATE AWARD 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
3ECTORAL DETERMINATIONS ! SECTORAL DETERMINATION CONTROLS THE TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN A PARTICULAR SECTOR )T MAY SET MINIMUM WAGES IN SECTORS REGULATE PAYMENT IN KIND REGULATE PENSION AND MEDICAL AID SCHEMES PROHIBIT OR REGULATE PIECE WORK SET MINIMUM STANDARDS FOR HOUSING FOR EMPLOYEES WHO LIVE ON THE EMPLOYERgS PREMISES AND SO ON 3ECTORAL DETERMINATIONS WILL BE SET IN SECTORS WHERE THERE IS NO CENTRALISED COLLECTIVE BARGAINING AND WHICH REQUIRE DETAILED AND SPECIFIC REGULATIONS EG THE AGRICULTURAL SECTOR 3ECTORAL DETERMINATIONS MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! 4HE CONDITIONS IN THE SECTORAL DETERMINATIONS WILL OVERRIDE THE CONDITIONS IN THE "#%!
(/7 !2% 3%#4/2!, $%4%2-).!4)/.3 -!$% 4HE "#%! PROVIDES FOR THE ESTABLISHMENT OF AN %MPLOYMENT #ONDITIONS #OMMISSION WHICH INVESTIGATES CONDITIONS IN A PARTICULAR INDUSTRY OR SECTOR -EETINGS ARE HELD TO DISCUSS THE ESTABLISHMENT OF A SECTORAL DETERMINATION !NYONE WHO IS INTERESTED IN HAVING A SAY IN A PARTICULAR INDUSTRY CAN ATTEND THESE MEETINGS WHICH ARE ADVERTISED IN THE GOVERNMENT GAZETTE 7HEN THE %MPLOYMENT #ONDITIONS #OMMISSION HAS HEARD ALL THE INFORMATION IT MAKES RECOMMENDATIONS TO THE -INISTER OF ,ABOUR /NCE THE -INISTER APPROVES THE RECOMMENDATIONS THEY ARE PUBLISHED IN THE 'OVERNMENT 'AZETTE AS A WAGE DETERMINATION OR SECTORAL DETERMINATION
%.&/2#%-%.4 /& ! 3%#4/2!, $%4%2-).!4)/. )T IS THE $EPARTMENT OF ,ABOURgS JOB TO MAKE SURE THAT ALL EMPLOYERS AND EMPLOYEES OBEY THE CONDITIONS OF EMPLOYMENT LAID OUT IN SECTORAL DETERMINATIONS AND WAGE DETERMINATIONS )F YOU ARE HELPING AN EMPLOYEE WHO IS COVERED BY A SECTORAL DETERMINATION OR WAGE DETERMINATION YOU REFER THE PROBLEM TO THE $EPARTMENT OF ,ABOUR IF YOU HAVE TRIED AND CANNOT SOLVE THE PROBLEM WITH THE EMPLOYER ON YOUR OWN 3EE PAGE 0ROBLEM %MPLOYEE IS PAID BELOW THE MINIMUM WAGE
3%44,).' $)3054%3 5.$%2 ! 3%#4/2!, $%4%2-).!4)/. )T IS ALSO THE $EPARTMENT OF ,ABOURgS JOB TO HELP WITH THE SETTLING OF DISPUTES
35--!29 /& 4(% 3%#4/2!, $%4%2-).!4)/. &/2 &!2-7/2+%23 4HE EMPLOYMENT CONDITIONS OF FARMWORKERS ARE REGULATED BY 3ECTORAL $ETERMINATION AND THE ,ABOUR 2ELATIONS !CT 4HIS IS A SUMMARY OF THE PROVISIONS CONTAINED IN 3ECTORAL $ETERMINATION 3EE THE WEBSITE WWWLABOURGOVZA AND CLICK ON THE APPROPRIATE 3ECTORAL $ETERMINATION FOR MORE INFORMATION
./4)#% 0%2)/$ !.$ 4%2-).!4)/. /& %-0,/9-%.4 !NY PARTY TO AN EMPLOYMENT CONTRACT MUST GIVE WRITTEN NOTICE EXCEPT WHEN AN ILLITERATE EMPLOYEE GIVES IT AS FOLLOWS s ONE WEEK n IF EMPLOYED FOR MONTHS OR LESS s FOUR WEEKS n IF EMPLOYED FOR MORE THAN MONTHS .OTICE MUST BE EXPLAINED VERBALLY BY OR ON BEHALF OF THE EMPLOYER TO A FARMWORKER IF HESHE IS NOT ABLE TO UNDERSTAND IT )F THE FARMWORKER LIVES IN ACCOMMODATION PROVIDED BY THE EMPLOYER THEN THE EMPLOYER MUST GIVE HIMHER ONE MONTHS NOTICE TO LEAVE THE ACCOMMODATION OR ALLOW THE EMPLOYEE TO REMAIN IN THE HOME UNTIL THE CONTRACT OF EMPLOYMENT ENDS 4HE FARM WORKER IS ALLOWED TO KEEP LIVESTOCK ON THE PREMISES FOR A PERIOD OF ONE MONTH OR UNTIL THE CONTRACT OF EMPLOYMENT COULD LAWFULLY HAVE BEEN TERMINATED 4HE FARMWORKER WHO HAS STANDING CROPS ON THE LAND IS ALLOWED TO TEND TO THOSE CROPS HARVEST AND REMOVE THEM WITHIN A REASONABLE TIME AFTER THEY BECOME READY FOR HARVESTING UNLESS THE EMPLOYER PAYS THE FARMWORKER AN AGREED AMOUNT FOR THE CROPS !LL MONEY THAT IS OWING TO THE FARMWORKER FOR EXAMPLE WAGES ALLOWANCES PRO RATA LEAVE PAID TIME OFF NOT TAKEN AND SO ON MUST BE PAID TO THE EMPLOYEE IF THE EMPLOYEE LEAVES THE FARM
02/#%$52% &/2 4%2-).!4).' %-0,/9-%.4 ! FARMWORKERS CONTRACT OF EMPLOYMENT MAY NOT BE TERMINATED UNLESS A VALID AND FAIR REASON EXISTS AND A FAIR PROCEDURE IS FOLLOWED )F AN EMPLOYEE IS DISMISSED WITHOUT A VALID REASON OR WITHOUT A FAIR PROCEDURE THE EMPLOYEE CAN REFER THE CASE TO THE ##-! 4HIS SHOULD BE DONE WITHIN THIRTY DAYS OF BEING DISMISSED FROM THE FARM )F A FARMWORKER CANNOT RETURN TO WORK BECAUSE OF A DISABILITY THE EMPLOYER MUST INVESTIGATE THE NATURE OF THE DISABILITY AND DECIDE WHETHER OR NOT IT IS PERMANENT OR TEMPORARY 4HE EMPLOYER MUST TRY TO CHANGE OR ADAPT THE DUTIES OF THE EMPLOYEE TO ACCOMMODATE THE EMPLOYEE AS FAR AS POSSIBLE "UT IF IT IS NOT POSSIBLE FOR THE EMPLOYER TO CHANGE OR ADAPT THE DUTIES OF THE FARMWORKER THEN THE EMPLOYER CAN TERMINATE HISHER SERVICES FOR WHAT IS CALLED h)NCAPACITYv 4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES THAT MUST BE FOLLOWED WHEN A PERSONS SERVICES ARE TERMINATED
7!'%2%-5.%2!4)/.0!9-%.4 !LL FARMERS HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 4HERE ARE TWO RATES FOR !LL FARMERS HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 0REVIOUSLY THERE WERE TWO RATES FOR THE MINIMUM WAGE WHICH WERE BASED ON THE AREA WHERE THE FARM WAS LOCATED 4HERE IS NOW ONLY ONE RATE THAT APPLIES TO ALL AREAS 7AGE RATES ARE ADJUSTED EVERY YEAR 4HE MINIMUM RATE FOR THE PERIOD -ARCH TO &EBRUARY IS 2 PER MONTH AND 2 PER HOUR &ARMERS WHO CAN PROVE THAT THEY CANNOT AFFORD THE MINIMUM WAGE CAN APPLY TO THE $EPARTMENT OF ,ABOUR FOR A VARIATION OR EXEMPTION FROM THIS REQUIREMENT 4HE $EPARTMENT WILL CONSIDER VARIATIONS ONLY WHERE THE FARMER CAN GIVE GOOD FINANCIAL REASONS FOR THIS !DDITIONAL PAYMENTS SUCH AS FOR OVERTIME OR WORK ON 3UNDAYS OR 0UBLIC HOLIDAYS ARE CALCULATED FROM THE TOTAL REMUNERATION
42!.30/24 !,,/7!.#% 4HE 3ECTORAL $ETERMINATION DOES NOT REGULATE TRANSPORT SO IT IS OPEN TO NEGOTIATION BETWEEN THE PARTIES
(/523 /& 7/2+ ./2-!, (/523 %8#,5$).' /6%24)-% ! FARMWORKER CANNOT WORK MORE THAN s HOURS PER WEEK s HOURS PER DAY FOR A FIVE DAY WORK WEEK s HOURS A DAY FOR A SIX DAY WORK WEEK
%84%.3)/. /& /2$).!29 (/523 /& 7/2+ /RDINARY HOURS OF WORK CAN BE EXTENDED BY WRITTEN AGREEMENT BUT BY NO MORE THAN HOURS PER WEEK FOR A PERIOD OF UP TO FOUR MONTHS 4HE ORDINARY HOURS OF WORK SHOULD BE REDUCED BY THE SAME NUMBER OF HOURS DURING A QUIET PERIOD IN THE SAME TWELVE MONTH PERIOD
!VERAGING OF WORKING HOURS DURING SEASON TIME !VERAGING MEANS EMPLOYEES CAN COLLECTIVELY AGREE TO WORK SHORTER OR LONGER HOURS THAN THE 3ECTORAL $ETERMINATION ALLOWS !NY AGREEMENT TO WORK LONGER HOURS MEANS EMPLOYEES MUST GET THE SAME NUMBER OF EXTRA HOURS OFF AT A LATER TIME !NY AGREEMENT REGARDING LONGER OR SHORTER WORKING HOURS MUST BE IN WRITING AND SHOULD BE DONE WITH THE SUPPORT OF A TRADE UNION WHERE POSSIBLE &ARMWORKERS CAN AGREE TO WORK UP TO HOURS A WEEK FOR THEIR ORDINARY WAGES BUT THIS CAN ONLY GO ON FOR FOUR MONTHS (OWEVER IF THE PARTIES WANT TO EXTEND THIS ARRANGEMENT THEY CAN AGREE IN WRITING TO DO THIS AND THEY MUST THEN NOTIFY THE $EPARTMENT OF ,ABOUR OF THIS AGREEMENT )N RETURN NORMAL WORKING HOURS MUST BE REDUCED BY THE SAME AMOUNT IN OTHER WORDS TO HOURS DURING THE QUIET PERIODS 4HE EMPLOYER MUST PAY THE FARMWORKER THE WAGE HESHE WOULD HAVE RECEIVED FOR HISHER NORMAL HOURS WORKED )F HOURS HAVE BEEN EXTENDED AND NOT REDUCED AT A LATER STAGE THEN THE HOURS MUST BE PAID AS OVERTIME
/6%24)-% ! FARMWORKER MAY NOT WORK n s MORE THAN HOURS OVERTIME PER WEEK AND s MORE THAN HOURS SPREAD OVER ON ANY DAY INCLUDING OVERTIME
/VERTIME IS PAID AT ONE AND A HALF TIME THE EMPLOYEES NORMAL WAGE OR AN EMPLOYEE MAY AGREE TO TAKE PAID TIME OFF ON THE BASIS OF ONE AND A HALF HOURS OFF FOR EVERY OVERTIME HOUR WORKED
$!),9 !.$ 7%%+,9 2%34 0%2)/$3 ! FARMWORKER IS ENTITLED TO A DAILY REST PERIOD OF CONSECUTIVE HOURS HOURS IN A ROW AND A WEEKLY REST PERIOD OF CONSECUTIVE HOURS WHICH MUST INCLUDE 3UNDAY UNLESS OTHERWISE AGREED 4HE DAILY REST PERIOD CAN BE REDUCED TO HOURS IF THE PARTIES AGREE AND IF THE EMPLOYEE LIVES ON THE PREMISES AND TAKES A MEAL INTERVAL THAT LASTS FOR AT LEAST HOURS 4HE WEEKLY REST PERIOD CAN BY AGREEMENT BE EXTENDED TO CONSECUTIVE HOURS EVERY TWO WEEKS OR BE REDUCED TO HOURS IN ANY WEEK IF THE REST PERIOD IN THE FOLLOWING WEEK IS ALSO EXTENDED
.)'(4 7/2+ s .IGHT WORK MEANS WORK PERFORMED AFTER PM AND BEFORE AM s .IGHT WORK CAN ONLY HAPPEN IF THE FARMWORKER HAS AGREED TO THIS IN WRITING 4HE EMPLOYEE MUST BE COMPENSATED FOR NIGHT WORK BY AN ALLOWANCE OF AT LEAST OF THE ORDINARY DAILY WAGE
-%!, ).4%26!,3 ! FARMWORKER IS ENTITLED TO A ONE HOUR BREAK FOR A MEAL AFTER FIVE HOURS WORK OF CONTINUOUS WORK 4HE INTERVAL MAY BE REDUCED TO MINUTES BY AGREEMENT 7HEN A SECOND MEAL INTERVAL IS REQUIRED BECAUSE OF OVERTIME WORKED IT MAY BE REDUCED TO NOT LESS THAN MINUTES )F AN EMPLOYEE HAS TO WORK THROUGH HIS OR HER MEAL INTERVAL THEN HESHE MUST BE PAID FOR THIS
7/2+ /. 35.$!93 &ARMWORKERS SHOULD BE PAID FOR WORK ON 3UNDAYS AS FOLLOWS (/523 7/2+%$
0!9-%.4
/NE HOUR OR LESS
$OUBLE THE WAGE FOR ONE HOUR
,ONGER THAN ONE HOUR BUT LESS THAN HOURS
$OUBLE THE WAGE FOR THE TIME WORKED
,ONGER THAN TWO HOURS BUT LESS THAN HOURS
4HE NORMAL DAILY WAGE
,ONGER THAN HOURS
%ITHER
DOUBLE THE WAGE FOR THE HOURS WORKED OR
DOUBLE THE DAILY WAGE WHICHEVER IS GREATER
! FARMWORKER WHO DOES NOT LIVE ON THE FARM AND WHO WORKS ON A 3UNDAY MUST BE REGARDED AS HAVING WORKED AT LEAST TWO HOURS ON THAT DAY
05",)# (/,)$!93 &ARMWORKERS ARE ENTITLED TO ALL THE PUBLIC HOLIDAYS IN THE 0UBLIC (OLIDAYS !CT BUT THE PARTIES CAN AGREE TO OTHER PUBLIC HOLIDAYS 7ORK ON A PUBLIC HOLIDAY IS VOLUNTARY WHICH MEANS A FARMWORKER MAY NOT BE FORCED TO WORK
4HE OFFICIAL PUBLIC HOLIDAYS ARE .EW 9EARS $AY (UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY &REEDOM $AY %MPLOYEES $AY 9OUTH $AY .ATIONAL 7OMANS $AY (ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL 7HERE THE GOVERNMENT DECLARES AN OFFICIAL PUBLIC HOLIDAY AT ANY OTHER TIME THEN THIS MUST BE GRANTED 4HE DAYS CAN BE EXCHANGED FOR ANY OTHER DAY BY AGREEMENT )F THE EMPLOYEE WORKS ON A PUBLIC HOLIDAY HESHE MUST BE PAID DOUBLE THE NORMAL DAILY WAGE
!..5!, ,%!6% &ULL TIME FARMWORKERS ARE ENTITLED TO WEEKS LEAVE PER YEAR )F THE PARTIES AGREE THEY CAN TAKE LEAVE AS FOLLOWS DAY FOR EVERY DAYS WORKED OR ONE HOUR FOR EVERY HOURS WORKED 4HE LEAVE MUST BE GIVEN NOT LATER THAN MONTHS AFTER COMPLETING MONTHS OF EMPLOYMENT WITH THE SAME EMPLOYER 4HE LEAVE MAY NOT BE GIVEN AT THE SAME TIME AS SICK LEAVE NOR AT THE SAME TIME AS A PERIOD OF NOTICE TO TERMINATE WORK
3)#+ ,%!6% $URING THE FIRST SIX MONTHS OF EMPLOYMENT AN EMPLOYEE IS ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED $URING A SICK LEAVE CYCLE OF MONTHS AN EMPLOYEE IS ENTITLED TO PAID SICK LEAVE THAT IS EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF WEEKS 4HE EMPLOYER DOES NOT HAVE TO PAY AN EMPLOYEE IF THE EMPLOYEE HAS BEEN ABSENT FROM WORK n s FOR MORE THAN TWO DAYS IN A ROW OR s ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD AND DOES NOT PRODUCE A MEDICAL CERTIFICATE STATING THAT HESHE WAS TOO SICK OR INJURED TO WORK
-!4%2.)49 ,%!6% ! FARMWORKER IS ENTITLED TO UP TO CONSECUTIVE MONTHS MATERNITY LEAVE 4HE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE PERIOD FOR WHICH SHE IS OFF WORK DUE TO HER PREGNANCY (OWEVER THE PARTIES MAY AGREE THAT THE EMPLOYEE WILL RECEIVE PART OF HER WHOLE WAGE FOR THE TIME THAT SHE IS OFF AND THE MOTHER IS ABLE TO CLAIM FROM THE 5)& FOR MATERNITY LEAVE BENEFITS
&!-),9 2%30/.3)"),)49 ,%!6% %MPLOYEES WHO HAVE BEEN EMPLOYED FOR LONGER THAN MONTHS AND FOR AT LEAST DAYS A WEEK ARE ENTITLED TO TAKE DAYS PAID FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IN THE FOLLOWING CIRCUMSTANCES s WHEN THE EMPLOYEES CHILD IS BORN OR s WHEN THE EMPLOYEES CHILD IS SICK OR s IF ONE OF THE FOLLOWING PEOPLE DIES THE EMPLOYEES HUSBAND WIFE LIFE PARTNER PARENT ADOPTIVE PARENT GRANDPARENT CHILDADOPTED CHILD GRANDCHILD BROTHER OR SISTER
$%$5#4)/.3 &2/- 4(% 2%-5.%2!4)/. !N EMPLOYER IS NOT ALLOWED TO DEDUCT ANY MONIES FROM THE EMPLOYEES WAGES WITHOUT HISHER WRITTEN PERMISSION 4HERE CAN BE A DEDUCTION OF NO MORE THAN FOR FOOD AND FOR ACCOMMODATION WHERE THE FOOD AND ACCOMMODATION IS PROVIDED FREE OF CHARGE BY THE EMPLOYER AND ON A REGULAR AND CONSISTENT BASIS
4HERE SHOULD ALSO BE NO DEDUCTION FOR ELECTRICITY WATER OR OTHER SERVICES )N ADDITION THE HOUSE MUST HAVE A PROPER ROOF WHICH IS WATERPROOF )T MUST HAVE GLASS WINDOWS THAT CAN BE OPENED ELECTRICITY SAFE WATER ON TAP INSIDE THE HOUSE OR NOT FURTHER THAN METER FROM THE HOUSE AND A FLUSH TOILET OR PIT LATRINE INSIDE OR CLOSE TO THE HOUSE &ARMERS MAY NOT DEDUCT MONEY FROM WAGES FOR TRAINING PROVISION OF TOOLS OR EQUIPMENT OR UNIFORMS &ARMERS MAY ONLY DEDUCT MONEY FROM WAGES IF THIS IS FOR PAYMENT TO s A FUNERALPENSION FUND s A FINANCIAL INSTITUTION s TRADE UNION FEES
/4(%2 )335%3 /THER ISSUES THAT ARE NOT DEALT WITH IN THE 3ECTORAL $ETERMINATION INCLUDE s PROBATIONARY PERIODS s RIGHT OF ENTRY TO THE EMPLOYERS PREMISES s AFTERNOONS WEEKENDS OFF s PENSION SCHEMES s MEDIAL AID s TRAININGSCHOOL FEES s FUNERAL BENEFITSSAVING ACCOUNTS 4HESE CAN ALL BE NEGOTIATED BETWEEN THE PARTIES AND INCLUDED IN THE CONTRACT OF EMPLOYMENT
02/()")4)/. /& %-0,/9-%.4 .O ONE UNDER THE AGE OF CAN BE REQUIRED OR PERMITTED TO WORK
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4 4HERE IS NO PROVISION WHICH PREVENTS OTHER CONDITIONS OF EMPLOYMENT BEING INCLUDED IN A CONTRACT OF EMPLOYMENT BUT ANY NEW CONDITIONS MAY NOT BE LESS FAVOURABLE THAN THOSE SET BY THE 3ECTORAL $ETERMINATION
'%.%2!, !$-).)342!4)6% 2%15)2%-%.43 4HE 3ECTORAL $ETERMINATION STATES THAT FARMERS MUST COMPLY WITH THE FOLLOWING ADMINISTRATIVE PROCESSES s PROVIDE EMPLOYEES WITH A PAY SLIP WHICH SHOULD BE KEPT FOR A PERIOD OF YEARS s PROVIDE EMPLOYEES WITH AN EMPLOYMENT CONTRACT 3EE WWWLABOURGOVZA FOR MORE INFORMATION ./4% &ARMWORKERS ARE ALSO COVERED BY THE ,ABOUR 2ELATIONS !CT AND HAVE A RIGHT TO BELONG TO UNIONS AND TO ORGANISE WITH OTHER EMPLOYEES 5NION ORGANISERS HAVE TO NEGOTIATE ACCESS ONTO THE FARMS WITH THE FARMERS )F THE FARMER REFUSES THE MATTER CAN BE TAKEN UP WITH THE $EPARTMENT OF ,ABOUR OR THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ! UNION WHICH HAS APPROXIMATELY OF EMPLOYEES IN AN ORGANISATION AS ITS MEMBERS IS ENTITLED TO HAVE ACCESS TO THE FARM OR THE ESTABLISHMENT TO HOLD MEETINGS AND TO RUN UNION BUSINESS )F THIS IS A PROBLEM THE MATTER CAN BE REFERRED TO THE ##-!
#/.42!#4 /& %-0,/9-%.4 &/2 &!2-7/2+%23 %8!-0,%
&!2-7/2+%2 n #/.42!#4 /& %-0,/9-%.4
.AME OF EMPLOYER !DDRESS OF EMPLOYER .AME OF EMPLOYEE #/--%.#%-%.4 /& %-0,/9-%.4 %MPLOYMENT STARTEDWILL START ON AND CONTINUE UNTIL TERMINATED IN TERMS OF THIS CONTRACT 0,!#% /& 7/2+ */" $%3#2)04)/. *OB TITLE $UTIES (/523 /& 7/2+ .ORMAL WORKING HOURS WILL BE HOURS PER WEEK MADE UP AS FOLLOWS -ONDAY4UESDAY7EDNESDAY 4HURSDAY &RIDAY AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3ATURDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3UNDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS (OURS OF WORK WILL BE EXTENDED BY NOT MORE THAN HOURS PER WEEK DURING AND REDUCED BY THE SAME HOURS DURING /VERTIME WILL BE WORKED AS AGREED FROM TIME TO TIME AND WILL BE PAID AT THE RATE OF ONE AND A HALF TIMES OF THE TOTAL WAGE AS SET OUT IN CLAUSE AND OF THIS CONTRACT 7!'% 4HE EMPLOYEES WAGE SHALL BE PAID IN CASH ON THE LAST WORKING DAY OF EVERY WEEKMONTH AND SHALL BE
2
4HE EMPLOYEE SHALL BE ENTITLED TO THE FOLLOWING ALLOWANCESOTHER CASH PAYMENTS IN KIND !CCOMMODATION PER WEEKMONTH TO THE VALUE OF 2 &OOD PER WEEKMONTH TO THE VALUE OF 4HE FOLLOWING DEDUCTIONS ARE AGREED UPON
2 2
4HE TOTAL VALUE OF THE ABOVE REMUNERATION SHALL BE
2
2
THE TOTAL OF CLAUSES TO n CHANGE OR DELETE CLAUSES AS NEEDED
4HE EMPLOYER SHALL REVIEW THE EMPLOYEES SALARYWAGE ON OR BEFORE -ARCH OF EVERY YEAR 4%2-).!4)/. /& %-0,/9-%.4 %ITHER PARTY CAN TERMINATE THIS AGREEMENT WITH ONE WEEKgS NOTICE DURING THE FIRST SIX MONTHS OF EMPLOYMENT AND WITH FOUR WEEKS NOTICE THEREAFTER .OTICE MUST BE GIVEN IN WRITING EXCEPT WHEN IT IS GIVEN BY AN ILLITERATE EMPLOYEE )N THE CASE WHERE THE EMPLOYEE IS ILLITERATE NOTICE MUST BE EXPLAINED ORALLY BY OR ON BEHALF OF THE EMPLOYER /N GIVING NOTICE THE EMPLOYER IS TO PROVIDE THE EMPLOYEE WHO RESIDES IN ACCOMMODATION THAT BELONGS TO THE FARMER ACCOMMODATION FOR A PERIOD OF A MONTH 4HE EMPLOYER IS ALSO OBLIGED TO ALLOW THE EMPLOYEE WHO HAS STANDING CROPS ON THE LAND A REASONABLE TIME TO HARVEST THE CROP OR THE FARMER MAY PAY THE EMPLOYEE AN AGREED AMOUNT FOR THAT CROP
&!2-7/2+%23 n #/.42!#4 /& %-0,/9-%.4 CONTINUED 35.$!9 7/2+ !NY WORK ON 3UNDAY WILL BE BY AGREEMENT BETWEEN PARTIES AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION 05",)# (/,)$!93 !NY WORK ON HOLIDAYS WILL BE BY AGREEMENT AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION !..5!, ,%!6% 4HE EMPLOYEE IS ENTITLED TO THREE WEEKS PAID LEAVE AFTER EVERY MONTHS OF CONTINUOUS SERVICE 3UCH LEAVE IS TO BE TAKEN AT TIMES CONVENIENT TO THE EMPLOYER AND THE EMPLOYER MAY REQUIRE THE EMPLOYEE TO TAKE HISHER LEAVE AT SUCH TIMES AS COINCIDE WITH THAT OF THE EMPLOYER 3)#+ ,%!6% $URING EVERY SICK LEAVE CYCLE OF MONTHS THE EMPLOYER WILL BE ENTITLED TO AN AMOUNT OF PAID SICK LEAVE EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF SIX WEEKS $URING THE FIRST MONTHS OF EMPLOYMENT THE EMPLOYEE WILL BE ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED 4HE EMPLOYEE IS TO NOTIFY THE EMPLOYER AS SOON AS POSSIBLE IN CASE OF HISHER ABSENCE FROM WORK THROUGH ILLNESS ! MEDICAL CERTIFICATE IS REQUIRED IF ABSENT FOR MORE THAN CONSECUTIVE DAYS OR IF ABSENT ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD -!4%2.)49 ,%!6% 4ICK THE APPLICABLE CLAUSES IN THE SPACE PROVIDED
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE WITHOUT PAY /2 R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE ON PAY &!-),9 2%30/.3)"),)49 ,%!6% 4HE EMPLOYEE WILL BE ENTITLED TO THREE DAYS FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IF HESHE WORKS ON AT LEAST DAYS A WEEK AND PROVIDED THE EMPLOYEE HAS BEEN EMPLOYED FOR LONGER THAN FOUR MONTHS !##/--/$!4)/. 4ICK THE APPROPRIATE BOX 4HE EMPLOYEE WILL BE PROVIDED WITH ACCOMMODATION FOR AS LONG AS THE EMPLOYEE IS
R IN THE SERVICE OF THE EMPLOYER WHICH SHALL FORM PART OF HISHER REMUNERATION PACKAGE 4HE ACCOMMODATION MAY ONLY BE OCCUPIED BY THE EMPLOYEE AND HISHER IMMEDIATE
R FAMILY UNLESS BY PRIOR ARRANGEMENT WITH THE EMPLOYER 0RIOR PERMISSION SHOULD BE OBTAINED FOR VISITORS WHO WISH TO STAY THE NIGHT (OWEVER
R WHERE MEMBERS OF THE EMPLOYEES DIRECT FAMILY ARE VISITING SUCH PERMISSION WILL NOT BE NECESSARY
#,/4().' DELETE WHICHEVER IS NOT APPLICABLE SETS OF UNIFORMSPROTECTIVE CLOTHING SETS OF BOOTS WILL BE SUPPLIED TO THE EMPLOYEE FREE OF CHARGE BY THE EMPLOYER AND WILL REMAIN THE PROPERTY OF THE EMPLOYER
&!2-7/2+%23 n #/.42!#4 /& %-0,/9-%.4 CONTINUED /4(%2 #/.$)4)/.3 /& %-0,/9-%.4 /2 "%.%&)43 '%.%2!, !NY CHANGES TO THE WRITTEN CONTRACT WILL ONLY BE VALID IF AGREED BY BOTH PARTIES
%-0,/9%2
$ATE %-0,/9%% 3IGNED IN ACKNOWLEDGEMENT OF RECEIPT
35--!29 /& 4(% 3%#4/2!, $%4%2-).!4)/. &/2 $/-%34)# 7/2+%23 7ORKING CONDITIONS OF DOMESTIC WORKERS ARE REGULATED BY A SECTORAL DETERMINATION AND THE ,ABOUR 2ELATIONS !CT 3EE PAGE 3ECTORAL $ETERMINATIONS
./4)#% 0%2)/$ !.$ 4%2-).!4)/. /& %-0,/9-%.4 !NY PARTY TO AN EMPLOYMENT CONTRACT MUST GIVE WRITTEN NOTICE EXCEPT WHEN AN ILLITERATE EMPLOYEE GIVES IT AS FOLLOWS s ONE WEEK n IF EMPLOYED FOR MONTHS OR LESS s FOUR WEEKS n IF EMPLOYED FOR MORE THAN MONTHS .OTICE MUST BE EXPLAINED VERBALLY BY OR ON BEHALF OF THE EMPLOYER TO A DOMESTIC WORKER IF HESHE IS NOT ABLE TO UNDERSTAND IT )F THE DOMESTIC WORKER LIVES IN ACCOMMODATION PROVIDED BY THE EMPLOYER THEN THE EMPLOYER MUST GIVE HIMHER ONE MONTHS NOTICE TO LEAVE THE ACCOMMODATION OR UNTIL THE CONTRACT OF EMPLOYMENT COULD LAWFULLY HAVE BEEN TERMINATED !LL MONEY THAT IS OWING TO THE DOMESTIC WORKER FOR EXAMPLE WAGES ALLOWANCES PRO RATA LEAVE AND PAID TIME OFF NOT TAKEN MUST BE PAID !N EMPLOYER WHO HAS TO DISMISS AN EMPLOYEE DUE TO A CHANGE IN HISHER ECONOMIC TECHNOLOGICAL OR STRUCTURAL SET UP CALLED OPERATIONAL REQUIREMENTS IN THE DETERMINATION IS RESPONSIBLE FOR SEVERANCE PAY TO THE EMPLOYEE
02/#%$52% &/2 4%2-).!4).' %-0,/9-%.4 ! DOMESTIC WORKERS CONTRACT OF EMPLOYMENT MAY NOT BE TERMINATED UNLESS A VALID AND FAIR REASON EXISTS AND A FAIR PROCEDURE IS FOLLOWED )F AN EMPLOYEE IS DISMISSED WITHOUT A VALID REASON OR WITHOUT A FAIR PROCEDURE THE EMPLOYEE CAN REFER THE CASE TO THE ##-! )F A DOMESTIC WORKER CANNOT RETURN TO WORK BECAUSE OF A DISABILITY THE EMPLOYER MUST INVESTIGATE THE NATURE OF THE DISABILITY AND DECIDE WHETHER OR NOT IT IS PERMANENT OR TEMPORARY 4HE EMPLOYER MUST TRY TO CHANGE OR ADAPT THE DUTIES OF THE EMPLOYEE TO ACCOMMODATE THE EMPLOYEE AS FAR AS POSSIBLE "UT IF IT IS NOT POSSIBLE FOR THE EMPLOYER TO CHANGE OR ADAPT THE DUTIES OF THE DOMESTIC WORKER THEN THE EMPLOYER CAN TERMINATE HISHER SERVICES 4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES THAT MUST BE FOLLOWED WHEN A PERSONS SERVICES ARE TERMINATED
7!'%2%-5.%2!4)/.0!9-%.4 !LL EMPLOYERS OF DOMESTIC WORKERS THROUGHOUT 3OUTH !FRICA HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 4HERE ARE TWO RATES FOR THE MINIMUM WAGE WHICH ARE BASED ON s WHERE THE DOMESTIC WORKER WORKS s THE NUMBER OF HOURS WORKED PER WEEK
7!'%3 !##/2$).' 4/ !2%!3 7AGES ARE PRESCRIBED FOR TWO AREAS !REA ! AND !REA " 4HESE AREAS ARE BASED ON MUNICIPAL BOUNDARIES
!2%! ! "ERGRIVIER ,OCAL -UNICIPALITY "REEDERIVIER ,OCAL -UNICIPALITY "UFFALO #ITY ,OCAL -UNICIPALITY #APE !GULHAS ,OCAL -UNICIPALITY #EDERBERG ,OCAL -UNICIPALITY #ITY OF #APE 4OWN #ITY OF *OHANNESBURG -ETROPOLITAN -UNICIPALITY #ITY OF 4SHWANE -ETROPOLITAN -UNICIPALITY $RAKENSTEIN ,OCAL -UNICIPALITY %KURHULEN -ETROPOLITAN -UNICIPALITY %MALAHLENI ,OCAL -UNICIPALITY %MFULENI ,OCAL -UNICIPALITY %THEKWINI -ETROPOLITAN 5NICITY 'AMAGARA ,OCAL -UNICIPALITY 'EORGE ,OCAL -UNICIPALITY (IBISCUS #OAST ,OCAL -UNICIPALITY +AROO (OOGLAND ,OCAL -UNICIPALITY +GATELOPELE ,OCAL -UNICIPALITY +HARA (AIS ,OCAL -UNICIPALITY +NYSNA ,OCAL -UNICIPALITY +UNGWINI ,OCAL -UNICIPALITY +OUGA ,OCAL -UNICIPALITY ,ANGEBERG ,OCAL -UNICIPALITY ,ESEDI ,OCAL -UNICIPALITY -AKANA ,OCAL -UNICIPALITY -ANGAUNG ,OCAL -UNICIPALITY -ATZIKAMA ,OCAL -UNICIPALITY -ETSIMAHOLO ,OCAL -UNICIPALITY -IDDELBURG ,OCAL -UNICIPALITY -IDVAAL ,OCAL -UNICIPALITY -NGENI ,OCAL -UNICIPALITY -OGALE ,OCAL -UNICIPALITY -OSSELBAAI ,OCAL -UNICIPALITY -SUNDUZI ,OCAL -UNICIPALITY -TUBATU ,OCAL -UNICIPALITY .AMA +HOI ,OCAL -UNICIPALITY .ELSON -ANDELA .OKENG TSA 4AEMANE ,OCAL -UNICIPALITY /UDTSHOORN ,OCAL -UNICIPALITY /VERSTRAND ,OCAL -UNICIPALITY 0LETTENBERGBAAI ,OCAL -UNICIPALITY 0OTCHEFSTROOM ,OCAL -UNICIPALITY 2ANDFONTEIN ,OCAL -UNICIPALITY 2ICHTERSVELD ,OCAL -UNICIPALITY 3ALDANHA "AY ,OCAL -UNICIPALITY 3OL 0LAATJIE ,OCAL -UNICIPALITY 3TELLENBOSCH ,OCAL -UNICIPALITY 3WARTLAND ,OCAL -UNICIPALITY 3WELLENDAM ,OCAL -UNICIPALITY 4HEEWATERSKLOOF ,OCAL -UNICIPALITY 5MDONI ,OCAL -UNICIPALITY U-HLATHUZE ,OCAL -UNICIPALITY AND 7ITZENBERG ,OCAL -UNICIPALITY
!2%! " n APPLIES TO THE REST OF 3OUTH !FRICA 7AGES WILL BE PAYABLE ACCORDING TO THE NUMBER OF HOURS WORKED PER WEEK )F A DOMESTIC WORKER WORKS FOR ORDINARY OR LESS HOURS PER WEEK HESHE WILL BE ENTITLED TO SLIGHTLY HIGHER WAGE 4HIS IS TO COMPENSATE THE EMPLOYEE AS HESHE DOES NOT HAVE A FULL TIME JOB
(/7 !2% 4(% 7!'%3 #!,#5,!4%$
!2%! ! 4HESE ARE THE MINIMUM RATES FOR THE PERIOD $ECEMBER n .OVEMBER WAGE RATES ARE ADJUSTED EVERY YEAR )F AN EMPLOYEE WORKS ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH )F AN EMPLOYEE WORKS MORE THAN ORDINARY HOURS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH
!2%! " )F AN EMPLOYEE WORKS ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH )F AN EMPLOYEE WORKS MORE THAN ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH
'5!2!.4%%$ -).)-5- 2!4% 3OME DOMESTIC WORKERS MIGHT WORK LESS THAN HOURS PER DAY )F THIS IS THE CASE HESHE SHOULD BE PAID FOR HOURS WORKED
!..5!, ).#2%!3% 7AGES WILL GO UP BY IN .OVEMBER OF EVERY YEAR 7AGE INCREASES ARE PUBLISHED BY THE $EPARTMENT OF ,ABOUR
#!,#5,!4).' 4(% -).)-5- 7!'%3 %MPLOYERS WHO CANNOT AFFORD TO PAY THE MINIMUM WAGE CAN CHOOSE TO REDUCE THE NUMBER OF HOURS TO BE WORKED INSTEAD OF RETRENCHING THE EMPLOYEE (OWEVER IT IS AGAINST THE LAW TO PAY LESS THAN THE MINIMUM HOURLY RATE )F AN EMPLOYER PAYS MORE THAN THE PRESCRIBED HOURLY RATE THEY CANNOT REDUCE THE RATE BECAUSE IT WILL BE AN UNFAIR LABOUR PRACTICE %8!-0,%
#!,#5,!4).' ! $/-%34)# 7/2+%2g3 7!'%
3ARAH IS A DOMESTIC WORKER WHO WORKS HOURS A DAY FROM -ONDAY TO &RIDAY FOR AN EMPLOYER WHO LIVES IN 3OWETO 7HAT IS THE MINIMUM RATE THAT 3ARAH CAN BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION FOR DOMESTIC WORKERS HOURS PER DAY X DAYS HOURS WORKED PER WEEK 3HE MUST BE PAID AT THE RATE PRESCRIBED FOR !2%! ! HOURS PER WEEK X 2 RATE FOR !REA ! FOR AN EMPLOYEE WORKING MORE THAN HOURS PER WEEK 2 PER WEEK !DDITIONAL PAYMENTS SUCH AS FOR OVERTIME OR WORK ON 3UNDAYS OR 0UBLIC HOLIDAYS ARE CALCULATED FROM THE TOTAL REMUNERATION
42!.30/24 !,,/7!.#% 4HE 3ECTORAL $ETERMINATION DOES NOT REGULATE TRANSPORT SO IT IS OPEN TO NEGOTIATION BETWEEN THE PARTIES
(/523 /& 7/2+ ./2-!, (/523 %8#,5$).' /6%24)-% ! DOMESTIC WORKER CANNOT WORK MORE THAN s HOURS PER WEEK s HOURS PER DAY FOR A FIVE DAY WORK WEEK s HOURS A DAY FOR A SIX DAY WORK WEEK
/6%24)-% /VERTIME IS VOLUNTARY AND A DOMESTIC WORKER MAY NOT WORK s MORE THAN HOURS OVERTIME PER WEEK AND s MORE THAN HOURS ON ANY DAY INCLUDING OVERTIME /VERTIME IS PAID AT ONE AND A HALF TIMES THE EMPLOYEES NORMAL WAGE OR AN EMPLOYEE MAY AGREE TO TAKE PAID TIME OFF
$!),9 !.$ 7%%+,9 2%34 0%2)/$3 ! DOMESTIC WORKER IS ENTITLED TO A DAILY REST PERIOD OF CONSECUTIVE HOURS HOURS IN A ROW AND A WEEKLY REST PERIOD OF CONSECUTIVE HOURS WHICH MUST INCLUDE 3UNDAY UNLESS OTHERWISE AGREED
4HE DAILY REST PERIOD CAN BE REDUCED TO HOURS IF THE PARTIES AGREE AND IF THE EMPLOYEE LIVES ON THE PREMISES AND TAKES A MEAL INTERVAL THAT LASTS FOR AT LEAST HOURS 4HE WEEKLY REST PERIOD CAN BY AGREEMENT BE EXTENDED TO CONSECUTIVE HOURS EVERY TWO WEEKS OR BE REDUCED TO HOURS IN ANY WEEK IF THE REST PERIOD IN THE FOLLOWING WEEK IS ALSO EXTENDED
34!.$"9 3TANDBY MEANS ANY PERIOD BETWEEN PM AND AM WHEN A DOMESTIC WORKER MIGHT NEED TO BE AT THE WORKPLACE AND IS ALLOWED TO REST OR SLEEP BUT MUST BE AVAILABLE TO WORK IF NECESSARY 4HIS MAY ONLY BE DONE IF THE PARTIES HAVE AGREED IN WRITING AND NOT MORE THAN TIMES PER MONTH !N ALLOWANCE OF AT LEAST 2 PER SHIFT MUST BE PAID FOR STANDBY !N EMPLOYER MUST PAY A DOMESTIC WORKER FOR ANY TIME WORKED IN EXCESS OF THREE HOURS DURING ANY PERIOD OF STAND BY 4HE EMPLOYEE MUST BE PAID AT THE NORMAL OVERTIME RATE OR GIVEN PAID TIME OFF
.)'(4 7/2+ s .IGHT WORK MEANS WORK PERFORMED AFTER PM AND BEFORE AM s .IGHT WORK IS ALLOWED ONLY IF THE DOMESTIC WORKER HAS AGREED TO THIS IN WRITING 4HE EMPLOYEE MUST BE COMPENSATED BY AN ALLOWANCE OF AT LEAST OF THE ORDINARY DAILY WAGE
-%!, ).4%26!,3 ! DOMESTIC WORKER IS ENTITLED TO A ONE HOUR BREAK FOR A MEAL AFTER FIVE HOURS CONTINUOUS WORK 4HE INTERVAL MAY BE REDUCED TO MINUTES BY AGREEMENT 7HEN A SECOND MEAL INTERVAL IS REQUIRED BECAUSE OF OVERTIME WORKED IT MAY BE REDUCED TO NOT LESS THAN MINUTES )F AN EMPLOYEE HAS TO WORK THROUGH HIS OR HER MEAL INTERVAL THEN THEY MUST BE PAID FOR THIS
7/2+ /. 35.$!93 7ORK ON 3UNDAYS IS VOLUNTARY AND A DOMESTIC WORKER CANNOT BE FORCED TO WORK ON A 3UNDAY ! DOMESTIC WORKER WHO WORKS ON A 3UNDAY MUST BE PAID DOUBLE THE DAILY WAGE )F THE EMPLOYEE ORDINARILY WORKS ON A 3UNDAY HESHE SHOULD BE PAID ONE AND A HALF TIMES THE WAGE FOR EVERY HOUR WORKED )F THE PARTIES AGREE THE EMPLOYEE CAN BE PAID BY GIVING HERHIM TIME OFF OF ONE AND A HALF HOURS FOR EACH OVERTIME HOUR WORKED
05",)# (/,)$!93 $OMESTIC WORKERS ARE ENTITLED TO ALL THE PUBLIC HOLIDAYS IN THE 0UBLIC (OLIDAYS !CT BUT THE PARTIES CAN AGREE TO OTHER PUBLIC HOLIDAYS 7ORK ON A PUBLIC HOLIDAY IS VOLUNTARY WHICH MEANS A DOMESTIC WORKER MAY NOT BE FORCED TO WORK 4HE OFFICIAL PUBLIC HOLIDAYS ARE .EW 9EARS DAY (UMAN RIGHTS DAY 'OOD &RIDAY &AMILY $AY &REEDOM $AY %MPLOYEES $AY
9OUTH $AY .ATIONAL 7OMANS $AY (ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL
7HERE THE GOVERNMENT DECLARES AN OFFICIAL PUBLIC HOLIDAY AT ANY OTHER TIME THEN THIS MUST BE GRANTED 4HE DAYS CAN BE EXCHANGED FOR ANY OTHER DAY BY AGREEMENT
)F THE EMPLOYEE WORKS ON A PUBLIC HOLIDAY HESHE MUST BE PAID DOUBLE THE NORMAL DAYgS WAGE
!..5!, ,%!6% &ULL TIME DOMESTIC WORKERS ARE ENTITLED TO WEEKS LEAVE PER YEAR )F THE PARTIES AGREE THEY CAN TAKE LEAVE AS FOLLOWS DAY FOR EVERY DAYS WORKED OR ONE HOUR FOR EVERY HOURS WORKED 4HE LEAVE MUST BE GIVEN NOT LATER THAN MONTHS AFTER COMPLETING MONTHS OF EMPLOYMENT WITH THE SAME EMPLOYER 4HE LEAVE MAY NOT BE GIVEN AT THE SAME TIME AS SICK LEAVE NOR AT THE SAME TIME AS A PERIOD OF NOTICE TO TERMINATE WORK
3)#+ ,%!6% $URING THE FIRST SIX MONTHS OF EMPLOYMENT AN EMPLOYEE IS ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED $URING A SICK LEAVE CYCLE OF MONTHS AN EMPLOYEE IS ENTITLED TO PAID SICK LEAVE THAT IS EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF WEEKS 4HE EMPLOYER DOES NOT HAVE TO PAY AN EMPLOYEE IF THE EMPLOYEE HAS BEEN ABSENT FROM WORK s FOR MORE THAN TWO DAYS IN A ROW OR s ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD AND DOES NOT PRODUCE A MEDICAL CERTIFICATE STATING THAT HESHE WAS TOO SICK OR INJURED TO WORK 4HE CERTIFICATE CAN BE FROM A DOCTOR A TRADITIONAL HEALER OR A QUALIFIED NURSE
-!4%2.)49 ,%!6% ! DOMESTIC WORKER IS ENTITLED TO UP TO CONSECUTIVE MONTHS MATERNITY LEAVE 4HE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE PERIOD FOR WHICH SHE IS OFF WORK DUE TO HER PREGNANCY (OWEVER THE PARTIES MAY AGREE THAT THE EMPLOYEE WILL RECEIVE PART OF HER WHOLE WAGE FOR THE TIME THAT SHE IS OFF 4HE MOTHER CAN ALSO CLAIM MATERNITY BENEFITS FROM 5)& FOR THE FULL FOUR MONTHS
&!-),9 2%30/.3)"),)49 ,%!6% %MPLOYEES WHO HAVE BEEN EMPLOYED FOR LONGER THAN MONTHS AND FOR AT LEAST DAYS A WEEK ARE ENTITLED TO TAKE DAYS PAID FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IN THE FOLLOWING CIRCUMSTANCES s WHEN THE EMPLOYEES CHILD IS BORN s WHEN THE EMPLOYEES CHILD IS SICK s IF ONE OF THE FOLLOWING PEOPLE DIES THE EMPLOYEES HUSBAND WIFE LIFE PARTNER PARENT ADOPTIVE PARENT GRANDPARENT CHILDADOPTED CHILD GRANDCHILD BROTHER OR SISTER
$%$5#4)/. &2/- 4(% 2%-5.%2!4)/. !N EMPLOYER IS NOT ALLOWED TO DEDUCT ANY MONIES FROM THE EMPLOYEES WAGES WITHOUT HISHER WRITTEN PERMISSION 4HERE CAN BE A DEDUCTION OF NO MORE THAN FOR ACCOMMODATION IF THE ACCOMMODATION s IS WEATHERPROOF AND GENERALLY KEPT IN GOOD CONDITION s HAS AT LEAST ONE WINDOW AND DOOR WHICH CAN BE LOCKED s HAS A TOILET AND BATH OR SHOWER IF THE DOMESTIC WORKER DOES NOT HAVE ACCESS TO ANY OTHER BATHROOM
/4(%2 )335%3 /THER ISSUES THAT ARE NOT DEALT WITH THE 3ECTORAL $ETERMINATION INCLUDE s PROBATIONARY PERIODS s RIGHT OF ENTRY TO THE EMPLOYERS PREMISES s AFTERNOONS WEEKENDS OFF s PENSION SCHEMES s MEDIAL AID s TRAININGSCHOOL FEES s FUNERAL BENEFITSSAVING ACCOUNTS 4HESE CAN ALL BE NEGOTIATED BETWEEN THE PARTIES AND INCLUDED IN THE CONTRACT OF EMPLOYMENT
02/()")4)/. /& %-0,/9-%.4 .O ONE UNDER THE AGE OF CAN BE REQUIRED OR PERMITTED TO WORK
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4 4HERE IS NO PROVISION WHICH PREVENTS OTHER CONDITIONS OF EMPLOYMENT BEING INCLUDED IN A CONTRACT OF EMPLOYMENT BUT ANY NEW CONDITIONS MAY NOT BE LESS FAVOURABLE THAN THOSE SET BY THE 3ECTORAL $ETERMINATION
'%.%2!, !$-).)342!4)6% 2%15)2%-%.43 4HE 3ECTORAL $ETERMINATION STATES THAT EMPLOYERS MUST COMPLY WITH THE FOLLOWING ADMINISTRATIVE PROCESSES s 0ROVIDE EMPLOYEES WITH A WRITTEN CONTRACT OF EMPLOYMENT s 0AYMENT MUST BE MADE IN A SEALED ENVELOPE BY CASH OR CHEQUE AND MUST INCLUDE A DETAILED PAYSLIP 4HE EMPLOYER MUST KEEP COPIES OF THESE PAYSLIPS FOR YEARS 3EE WWWLABOURGOVZA AND CLICK ON 3ECTORAL $ETERMINATION FOR DOMESTIC EMPLOYEES FOR MORE INFORMATION
#/.42!#4 /& %-0,/9-%.4 &/2 $/-%34)# 7/2+%23 %8!-0,%
$/-%34)# 7/2+%2 n #/.42!#4 /& %-0,/9-%.4
.AME OF EMPLOYER !DDRESS OF EMPLOYER .AME OF EMPLOYEE #/--%.#%-%.4 /& %-0,/9-%.4 %MPLOYMENT STARTEDWILL START ON AND CONTINUE UNTIL TERMINATED IN TERMS OF THIS CONTRACT 0,!#% /& 7/2+ */" $%3#2)04)/. *OB TITLE $UTIES #ONTRACT CONTINUED OVERLEAF
$OMESTIC WORKER n #/.42!#4 /& %-0,/9-%.4 CONTINUED (/523 /& 7/2+ .ORMAL WORKING HOURS WILL BE HOURS PER WEEK MADE UP AS FOLLOWS -ONDAY4UESDAY7EDNESDAY 4HURSDAY &RIDAY AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3ATURDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS 3UNDAYS AM TO PM -EAL INTERVALS WILL BE FROM TO /THER BREAKS (OURS OF WORK WILL BE EXTENDED WITH BY NOT MORE THAN HOURS PER WEEK DURING AND REDUCED BY THE SAME HOURS DURING /VERTIME WILL BE WORKED AS AGREED FROM TIME TO TIME AND WILL BE PAID AT THE RATE OF ONE AND A HALF TIMES OF THE TOTAL WAGE AS SET OUT IN CLAUSES AND OF THIS CONTRACT 3TANDBY WILL ONLY BE DONE IF AGREED FROM TIME TO TIME WHEREBY AN ALLOWANCE OF AT LEAST 2 WILL BE PAID PER STANDBY SHIFT 7!'% 4HE EMPLOYEES WAGE SHALL BE PAID IN CASH ON THE LAST
WORKING DAY OF EVERY WEEKMONTH AND SHALL BE
2
4HE EMPLOYEE SHALL BE ENTITLED TO THE FOLLOWING ALLOWANCESOTHER CASH PAYMENTS IN KIND !CCOMMODATION PER WEEKMONTH TO THE VALUE OF 2 &OOD PER WEEKMONTH TO THE VALUE OF 4HE FOLLOWING DEDUCTIONS ARE AGREED UPON
2
4HE TOTAL VALUE OF THE ABOVE REMUNERATION SHALL BE
2 2 2
THE TOTAL OF CLAUSES TO n CHANGE OR DELETE CLAUSES AS NEEDED
4HE EMPLOYER SHALL REVIEW THE EMPLOYEES SALARYWAGE ON OR BEFORE .OVEMBER OF EVERY YEAR 4%2-).!4)/. /& %-0,/9-%.4 %ITHER PARTY CAN TERMINATE THIS AGREEMENT WITH ONE WEEKgS NOTICE DURING THE FIRST SIX MONTHS OF EMPLOYMENT AND WITH FOUR WEEKS NOTICE THEREAFTER .OTICE MUST BE GIVEN IN WRITING EXCEPT WHEN IT IS GIVEN BY AN ILLITERATE EMPLOYEE )N THE CASE WHERE THE EMPLOYEE IS ILLITERATE NOTICE MUST BE EXPLAINED ORALLY BY OR ON BEHALF OF THE EMPLOYER /N GIVING NOTICE THE EMPLOYER IS TO PROVIDE THE EMPLOYEE WHO RESIDES IN ACCOMMODATION THAT BELONGS TO THE EMPLOYER ACCOMMODATION FOR A PERIOD OF ONE MONTH 35.$!9 7/2+ !NY WORK ON 3UNDAY WILL BE BY AGREEMENT BETWEEN PARTIES AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION 05",)# (/,)$!93 !NY WORK ON HOLIDAYS WILL BE BY AGREEMENT AND WILL BE PAID ACCORDING TO THE 3ECTORAL $ETERMINATION !..5!, ,%!6% 4HE EMPLOYEE IS ENTITLED TO THREE WEEKS PAID LEAVE AFTER EVERY MONTHS OF CONTINUOUS SERVICE 3UCH LEAVE IS TO BE TAKEN AT TIMES CONVENIENT TO THE EMPLOYER AND THE EMPLOYER MAY REQUIRE THE EMPLOYEE TO TAKE HISHER LEAVE AT SUCH TIMES AS COINCIDE WITH THAT OF THE EMPLOYER
$OMESTIC WORKER n #/.42!#4 /& %-0,/9-%.4 CONTINUED 3)#+ ,%!6% $URING EVERY SICK LEAVE CYCLE OF MONTHS THE EMPLOYER WILL BE ENTITLED TO AN AMOUNT OF PAID SICK LEAVE EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING A PERIOD OF SIX WEEKS $URING THE FIRST MONTHS OF EMPLOYMENT THE EMPLOYEE WILL BE ENTITLED TO ONE DAYS PAID SICK LEAVE FOR EVERY DAYS WORKED 4HE EMPLOYEE IS TO NOTIFY THE EMPLOYER AS SOON AS POSSIBLE IN CASE OF HISHER ABSENCE FROM WORK THROUGH ILLNESS ! MEDICAL CERTIFICATE IS REQUIRED IF ABSENT FOR MORE THAN CONSECUTIVE DAYS OR IF ABSENT ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD -!4%2.)49 ,%!6% 4ICK THE APPLICABLE CLAUSES IN THE SPACE PROVIDED
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE WITHOUT PAY /2 R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE ON PAY &!-),9 2%30/.3)"),)49 ,%!6% 4HE EMPLOYEE WILL BE ENTITLED TO THREE DAYS FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE CYCLE IF HESHE WORKS ON AT LEAST DAYS A WEEK !##/--/$!4)/. 4ICK THE APPROPRIATE BOX 4HE EMPLOYEE WILL BE PROVIDED WITH ACCOMMODATION FOR AS LONG AS THE EMPLOYEE IS
R IN THE SERVICE OF THE EMPLOYER WHICH SHALL FORM PART OF HISHER REMUNERATION PACKAGE 4HE ACCOMMODATION MAY ONLY BE OCCUPIED BY THE EMPLOYEE AND HISHER IMMEDIATE
R FAMILY UNLESS BY PRIOR ARRANGEMENT WITH THE EMPLOYER 0RIOR PERMISSION SHOULD BE OBTAINED FOR VISITORS WHO WISH TO STAY THE NIGHT (OWEVER
R WHERE MEMBERS OF THE EMPLOYEES DIRECT FAMILY ARE VISITING SUCH PERMISSION WILL NOT BE NECESSARY
#,/4().' DELETE WHICHEVER IS NOT APPLICABLE SETS OF UNIFORMSPROTECTIVE CLOTHING WILL BE SUPPLIED TO THE EMPLOYEE FREE OF CHARGE BY THE EMPLOYER AND WILL REMAIN THE PROPERTY OF THE EMPLOYER /4(%2 #/.$)4)/.3 /& %-0,/9-%.4 /2 "%.%&)43 '%.%2!, !NY CHANGES TO THE WRITTEN CONTRACT WILL ONLY BE VALID IF AGREED BY BOTH PARTIES
%-0,/9%2
$ATE %-0,/9%% 3IGNED IN ACKNOWLEDGEMENT OF RECEIPT
$EREGULATION $EREGULATION MEANS REMOVING LAWS AND REGULATIONS SO THAT THERE IS LESS RESTRICTION AND gRED TAPEg FOR PEOPLE WHO WANT TO OPERATE IN AN AREA &OR EXAMPLE WHERE AN INDUSTRY APPLIES FOR EXEMPTION FROM A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION OR WHERE AREAS ARE DESIGNATED AS hINDUSTRIAL HIVES WHERE WAGE REGULATING MEASURES DONT APPLY $EREGULATION CAN HAVE A POSITIVE EFFECT FOR EXAMPLE THE LIFTING OF REGULATIONS THAT CONTROL THE GRANTING OF HAWKERSg LICENSES SO THAT MORE PEOPLE CAN WORK AS HAWKERS OR STREET TRADERS BECAUSE THE LAWS ABOUT GETTING A HAWKERgS LICENSE ARENgT SO STRICT $EREGULATION IS CONTROLLED BY THE $EPARTMENT OF ,ABOUR WHOSE ROLE IS TO ENSURE THAT ANY FORM OF DEREGULATION WILL NOT HAVE A NEGATIVE IMPACT ON PEOPLE IN THE WORKPLACE
/THER LAWS THAT APPLY TO TERMS AND CONDITIONS IN THE WORKPLACE %-0,/9-%.4 %15)49 !#4 %%! 4HE %MPLOYMENT %QUITY !CT .O OF AIMS TO CREATE AN ENVIRONMENT OF EQUALITY AND NON DISCRIMINATION IN THE WORKPLACE )T STATES GROUNDS FOR NON DISCRIMINATION IN THE WORKPLACE INCLUDING s 2ACE s 'ENDER s 3EX s 0REGNANCY s -ARITAL STATUS s %THNIC ORIGIN s 3OCIAL ORIGIN s #OLOUR s 3EXUAL ORIENTATION s !GE
s $ISABILITY s 2ELIGION s #ONSCIENCE s "ELIEF s #ULTURE s ,ANGUAGE s "IRTH s &AMILY RESPONSIBILITY s ()6 STATUS s 0OLITICAL OPINION
4HE %%! IS IMPORTANT BECAUSE IT INCLUDES THREE GROUNDS FOR NON DISCRIMINATION THAT ARE NOT INCLUDED IN THE #ONSTITUTION OR THE %QUALITY !CT FAMILY RESPONSIBILITY ()6 STATUS AND POLITICAL OPINION ! CASE CAN BE REFERRED TO THE ,ABOUR #OURT IF AN EMPLOYEE BELIEVES THAT AN EMPLOYER IS DISCRIMINATING AGAINST HIM OR HER ON ANY OF THESE GROUNDS IN ORDER TO s DEMOTE OR NOT PROMOTE THE EMPLOYEE s BLOCK THE EMPLOYEE FROM HAVING ACCESS TO TRAINING AND DEVELOPMENT s MAKE AN UNFAIR DISTRIBUTION OF EMPLOYEE BENEFITS TO THE EMPLOYEE 4HE %%! ALSO SETS OUT REGULATIONS ON AFFIRMATIVE ACTION IN THE WORKPLACE TO CREATE EQUAL OPPORTUNITIES FOR ALL EMPLOYEES AND FOR PEOPLE APPLYING FOR JOBS )T SAYS THAT AN EMPLOYER WHO EMPLOYS OVER PEOPLE OR HAS A TURNOVER OF OVER A CERTAIN AMOUNT MUST TAKE STEPS TO INCLUDE AND ADVANCE PREVIOUSLY DISADVANTAGED GROUPS BLACK PEOPLE WOMEN AND THE DISABLED IN THEIR WORKFORCE 3O WHEN A COMPANY MAKES NEW APPOINTMENTS OR PROMOTES STAFF IT MUST GIVE @PREFERENTIAL TREATMENT TO PROPERLY QUALIFIED PEOPLE WHO ARE FROM ONE OF THESE PREVIOUSLY DISADVANTAGED GROUPS )N OTHER WORDS FORMAL QUALIFICATIONS OR RELEVANT EXPERIENCE ARE NOT THE ONLY REASONS FOR DECIDING WHETHER A PERSON IS SUITABLE FOR A JOB OR NOT 4HE %%! COVERS EVERYONE EXCEPT THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE 3!.$& THE .ATIONAL )NTELLIGENCE !GENCY .)! AND 3ECRET 3ERVICES
4(% /##50!4)/.!, (%!,4( !.$ 3!&%49 !#4 /(3! 4HE /CCUPATIONAL (EALTH AND 3AFETY !CT .O OF GIVES EMPLOYEES SPECIFIC RIGHTS IN HEALTH AND SAFETY AT WORK )T GIVES HEALTH AND SAFETY GUIDELINES FOR THE WORKPLACE TO EMPLOYERS AND GIVES INSPECTORS WIDE POWERS TO ENSURE THAT THESE ARE BEING IMPLEMENTED &OR AN EASY GUIDE TO /(3! AND THE 2EGULATIONS SEE THE WEBSITE WWWLABOURGOV ZADOCSLEGISLATIONOHSAOHSBOOKLETHTML
7(/ $/%3 4(% /(3! #/6%2 4HE !CT EXCLUDES EMPLOYEES IN MINES AND ON SHIPS WHERE OTHER LAWS APPLY 4HE /(3! COVERS ALL OTHER EMPLOYEES INCLUDING FARMWORKERS DOMESTIC WORKERS AND STATE EMPLOYEES
4(% %-0,/9%%3 $54)%3 %MPLOYEES MUST TAKE REASONABLE PRECAUTIONS OVER THEIR OWN HEALTH AND SAFETY AT WORK 4HEY MUST FOLLOW PRECAUTIONS AND RULES ABOUT SAFETY AND HEALTH 4HEY MUST REPORT ANY UNSAFE CIRCUMSTANCES OR ACCIDENT AS SOON AS POSSIBLE TO THE SAFETY REPRESENTATIVE !NYONE WHO ACTS IN A RECKLESS WAY OR DAMAGES ANY SAFETY MEASURES CAN BE CHARGED AND A CLAIM FOR DAMAGES CAN BE BROUGHT AGAINST THEM
4(% %-0,/9%2g3 $54)%3 4HE EMPLOYER MUST MAKE SURE THAT THE WORKPLACE IS SAFE AND HEALTHY AND MUST NOT ALLOW ANY EMPLOYEE TO DO WORK WHICH IS POTENTIALLY DANGEROUS 4HE EMPLOYEE MUST KNOW WHAT THE DANGERS OF THE WORK ARE 4HE GENERAL DUTIES OF THE EMPLOYER ARE TO s CHOOSE SAFETY REPRESENTATIVES s CONSULT WITH THE EMPLOYEESg ORGANISATION ABOUT THE SAFETY REPRESENTATIVES s INFORM EMPLOYEES OF THE DANGERS IN THE WORKPLACE s REDUCE ANY DANGERS TO A MINIMUM BEFORE ISSUING PROTECTIVE CLOTHING s ISSUE PROTECTIVE CLOTHING WHERE NECESSARY s GIVE NECESSARY TRAINING TO EMPLOYEES WHO USE DANGEROUS MACHINES OR MATERIALS TO MAKE SURE THEY KNOW THE SAFETY PRECAUTIONS s PREVENT EMPLOYEES FROM USING OR WORKING WITH DANGEROUS MATERIALS OR MACHINES UNLESS ALL THE NECESSARY SAFETY RULES HAVE BEEN FOLLOWED s ENSURE THAT DANGEROUS MACHINES ARE IN GOOD WORKING ORDER AND ARE SAFE TO WORK WITH s MAKE SURE THAT DANGEROUS MACHINES CARRY WARNINGS AND NOTICES s MAKE SURE THAT SOMEONE WHO KNOWS THE WORK IS SUPERVISING THE OPERATIONS TO ENSURE THE SAFETY OF THE EMPLOYEES s KEEP THE WORKPLACE OPEN SO THAT EMPLOYEES CAN ESCAPE FROM DANGER IF NECESSARY s NOT MOVE ANY EVIDENCE OF AN ACCIDENT BEFORE AN INSPECTOR HAS GIVEN PERMISSION UNLESS SOMEONE HAS BEEN BADLY INJURED AND NEEDS TREATMENT 4HE #HIEF )NSPECTOR CAN ASK ANY EMPLOYER FOR A REPORT OF THE SAFETY PRECAUTIONS
!N EMPLOYER CANNOT TAKE ACTION AGAINST ANY EMPLOYEES WHO DO THE FOLLOWING s GIVE INFORMATION ABOUT THEIR CONDITIONS AT WORK OR THAT THE !CT SAYS THEY HAVE TO GIVE s GIVE EVIDENCE IN COURT s RESPOND TO ANY REQUEST OF AN INSPECTOR s REFUSE TO DO ANYTHING THAT IS AGAINST THE LAW
2%0/24).' !##)$%.43 /2 ).#)$%.43 4HE EMPLOYER MUST KEEP A REPORT OF ALL ACCIDENTS AND SAFETY OR HEALTH INCIDENTS IN THE WORKPLACE 4HE EMPLOYER MUST REPORT CERTAIN ACCIDENTS OR INCIDENTS TO THE SAFETY REPRESENTATIVE AND TO THE $EPARTMENT OF ,ABOUR
3!&%49 2%02%3%.4!4)6%3 !.$ 3!&%49 #/--)44%%3 4HE EMPLOYER MUST APPOINT ONE SAFETY REPRESENTATIVE FOR EVERY EMPLOYEES 4HERE MUST BE AT LEAST ONE REPRESENTATIVE FOR EVERY EMPLOYEES 4HE EMPLOYER MUST EXPLAIN TO THE EMPLOYEESg ORGANISATION WHAT RESPONSIBILITIES THE SAFETY REPRESENTATIVES WILL HAVE AND HOW THE REPRESENTATIVES WILL BE SELECTED )N EVERY WORKPLACE WHERE THERE ARE TWO OR MORE SAFETY REPRESENTATIVES THERE MUST ALSO BE A SAFETY COMMITTEE 4HIS COMMITTEE MUST MEET AT LEAST EVERY THREE MONTHS 4HE COMMITTEE MUST DEAL WITH ALL SAFETY AND HEALTH ISSUES THAT AFFECT EMPLOYEES 4HE SAFETY COMMITTEES HAVE CERTAIN FUNCTIONS AND POWERS 9OU CAN FIND OUT MORE ABOUT THESE IN THE !CT OR BY CONTACTING THE $EPARTMENT OF ,ABOUR
%.&/2#%-%.4 /& 4(% /(3! /(3! FALLS UNDER THE ADMINISTRATION OF THE $EPARTMENT OF ,ABOUR )NSPECTORS FROM THE $EPARTMENT HAVE WIDE POWERS TO SEARCH THE WORKPLACE QUESTION PEOPLE ASK FOR EXPLANATIONS FROM AN EMPLOYER AND SO ON !N INSPECTOR CAN FINE A PERSON FOR BREAKING THE !CT )F THAT PERSON WANTS TO APPEAL AGAINST THE INSPECTORgS DECISION THEY CAN APPEAL TO THE #HIEF )NSPECTOR 4HEY CAN APPEAL AGAINST THE #HIEF )NSPECTORgS DECISION IN THE ,ABOUR #OURT )F AN EMPLOYEE IS HURT AT WORK AS A RESULT OF THE EMPLOYER NOT FOLLOWING A SAFETY REGULATION THEN THAT EMPLOYER CAN BE FINED UP TO 2 AND OR TWO YEARS IN PRISON
4(% -%2#(!.4 3()00).' !#4 4HE -ERCHANT 3HIPPING !CT OF -3! SAYS THAT THE ,ABOUR 2ELATIONS !CT AND THE 7AGE !CT APPLY TO ALL EMPLOYEES AT SEA )T SAYS THAT IF THERE IS CONFLICT BETWEEN THE PROVISIONS OF THE -3! AND THE PROVISIONS OF A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION THE PROVISIONS OF THE !GREEMENT OR $ETERMINATION WILL APPLY 4HE -3! COVERS EMPLOYEES WHO ARE AT SEA WITHIN 3OUTH !FRICAS TERRITORIAL WATERS )F EMPLOYEES AT SEA ARE OUTSIDE THE TERRITORIAL WATERS OF 3OUTH !FRICA THEN AN !GREEMENT OR $ETERMINATION WILL APPLY TO THE FOLLOWING EMPLOYEES s WHO ARE EMPLOYED ON A SHIP WHICH IS REGISTERED IN 3OUTH !FRICA s WHO EVEN IF THE SHIP IS NOT REGISTERED IN 3OUTH !FRICA ARE EMPLOYED ON A SHIP WHICH SPENDS ALL ITS TIME WORKING BETWEEN PORTS IN 3OUTH !FRICA
$ISPUTES AND WAYS OF SETTLING DISPUTES 7(!4 )3 ! $)3054% ! DISPUTE IS ANY SERIOUS DISAGREEMENT BETWEEN TWO PARTIES &OR EXAMPLE THERE COULD BE A DISPUTE OVER A PROBLEM OF DISCIPLINE IN THE WORKPLACE OVER COMPLAINTS ALSO CALLED gGRIEVANCESg WHICH EMPLOYEES HAVE OR OVER DISMISSALS 4HERE CAN ALSO BE DISPUTES OVER WAGES AND OTHER WORKING CONDITIONS 3O THERE ARE DIFFERENT KINDS OF DISPUTES 9OU CAN HAVE A DISPUTE ABOUT MAKING NEW RIGHTS FOR EXAMPLE EMPLOYEES WANTING TO GET PAID HIGHER WAGES OR THE EMPLOYER BRINGING IN A NEW PENSION OR PROVIDENT FUND SCHEME THAT EMPLOYEES MUST BELONG TO 4HESE DISPUTES ARE ALSO CALLED DISPUTES OF INTEREST 4HESE DISPUTES ARE OFTEN HANDLED BY A UNION AND ARE THE SUBJECT OF NEGOTIATION AND POSSIBLE INDUSTRIAL ACTION STRIKE ACTION WHERE AGREEMENT CANNOT BE REACHED 4HE ,ABOUR 2ELATIONS !CT DESCRIBES STRUCTURES AND PROCESSES WHICH CAN BE USED TO RESOLVE DISPUTES OF INTEREST 4HE !CT ALSO GOVERNS THE PROCEDURES FOR TAKING INDUSTRIAL ACTION 4HERE ARE ALSO DISPUTES OVER RIGHTS WHICH ALREADY EXIST IN A CONTRACT A LAW AN AGREEMENT OR IN CUSTOM AND PRACTICE 4HESE KINDS OF DISPUTES ARE CALLED DISPUTES OF RIGHT 4HEY USUALLY INVOLVE AN UNFAIR DISMISSAL FOR EXAMPLE RETRENCHING EMPLOYEES WITHOUT CONSULTING WITH THE EMPLOYEES OR UNFAIR DISCRIMINATION OR AN UNFAIR LABOUR PRACTICE SUCH AS @REMOVAL OF BENEFITS 4HE ,ABOUR 2ELATIONS !CT SETS OUT HOW DISPUTES OVER RIGHTS IN THE WORKPLACE MUST BE HANDLED AND THE %MPLOYMENT %QUITY !CT SETS OUT HOW DISCRIMINATION WILL BE DEALT WITH IN THE WORKPLACE 3EE PAGE ,ABOUR 2ELATIONS !CT PAGE %MPLOYMENT %QUITY !CT ! DISPUTE OF RIGHT CAN ALSO HAPPEN WHEN AN EMPLOYER OR EMPLOYEE DOESNgT OBEY A TERM OR CONDITION OF A WAGE REGULATING MEASURE FOR EXAMPLE THE "ASIC #ONDITIONS OF %MPLOYMENT !CT A "ARGAINING #OUNCIL !GREEMENT OR OTHER COLLECTIVE AGREEMENT 7AGE $ETERMINATION SECTORAL DETERMINATION OR A -INISTERIAL EXEMPTION 3EE PAGE ,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT !N EXAMPLE OF A DISPUTE OF RIGHT IS WHERE AN EMPLOYER DOESNgT PAY AN EMPLOYEE THE CORRECT LEAVE PAY %NFORCEMENT AND DISPUTES ABOUT TERMS AND CONDITIONS OF EMPLOYMENT THAT FALL UNDER THESE LAWS SHOULD BE DEALT WITH BY THE RELEVANT "ARGAINING #OUNCIL OR THE $EPARTMENT OF ,ABOUR
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$)3054%3 /& ).4%2%34 4HE ,ABOUR 2ELATIONS !CT ,2! SETS OUT STRUCTURES AND PROCESSES WHICH CAN BE USED TO RESOLVE DISPUTES OF INTEREST 4HE OUTCOME OF DISPUTES OF INTEREST WILL DEPEND ON THE RELATIVE STRENGTH OF EMPLOYEES AND EMPLOYERS %ACH PARTY MAY USE DIFFERENT STRATEGIES TO WIN WHAT THEY WANT %MPLOYEES CAN TAKE INDUSTRIAL ACTION OVER DISPUTES OF INTEREST LIKE STRIKES WORK STOPPAGES AND GO SLOWS ONCE THEY HAVE COMPLIED WITH PRESCRIBED DISPUTE PROCEDURES %MPLOYEES CANNOT STRIKE OVER DISPUTES OF RIGHTS UNDER THE ,2! EG UNFAIR LABOUR PRACTICES AND UNFAIR DISMISSALS 4HE ,2! GOVERNS THE PROCEDURES THAT MUST BE FOLLOWED BEFORE INDUSTRIAL ACTION CAN BE TAKEN BY EMPLOYEES OR BY THE EMPLOYER
$)3054%3 /& 2)'(4 7(%2% 4(%2% )3 ./ "!2'!).).' #/5.#), )F IT IS A DISPUTE ABOUT ENFORCING A RIGHT UNDER THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! COLLECTIVE AGREEMENT UNDER THE "#%! A SECTORAL DETERMINATION OR A 7AGE $ETERMINATION OR THE /CCUPATIONAL (EALTH AND 3AFETY !CT THEN A COMPLAINT CAN BE SENT TO THE $EPARTMENT OF ,ABOUR
4HE COMPLAINT CAN INCLUDE A REQUEST FOR A @#OMPLIANCE ORDER WHICH IS ISSUED BY AN INSPECTOR OF THE $EPARTMENT 3EE PAGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION PAGE %NFORCEMENT OF THE /(3! )F IT IS A MATTER OF ENFORCING A RIGHT OR A DISPUTE OF RIGHTS UNDER THE ,ABOUR 2ELATIONS !CT ,2! FOR EXAMPLE AN ALLEGED UNFAIR DISMISSAL WHERE NO BARGAINING COUNCIL EXISTS IN THAT SECTOR THEN THE MATTER SHOULD BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION 3EE PAGE 3OLVING DISPUTES UNDER THE ,2! )F CONCILIATION FAILS THEN REFER THE DISPUTE TO ARBITRATION WITHIN DAYS OF RECEIVING THE CERTIFICATE OF FAILED CONCILIATION FROM THE ##-! 4HE ##-! WILL HEAR DISPUTES OVER A "#%! ISSUE IF IT IS RELATED TO A MATTER WHICH IS BEING ARBITRATED BY THE ##-! FOR EXAMPLE A CLAIM OF UNFAIR DISMISSAL IS BEFORE THE ##-! TOGETHER WITH A CLAIM FOR UNPAID LEAVE PAY
7(%2% 4(%2% )3 ! "!2'!).).' #/5.#), )F IT IS A DISPUTE OF RIGHTS UNDER A "ARGAINING #OUNCIL !GREEMENT THEN THE PROBLEM SHOULD BE REFERRED TO THE "ARGAINING #OUNCIL FOR ENFORCEMENT OR CONCILIATION )F CONCILIATION FAILS THEN REFER THE DISPUTE TO ARBITRATION WITHIN DAYS OF RECEIVING THE CERTIFICATE OF FAILED CONCILIATION FROM THE "ARGAINING #OUNCIL
4(% ,!"/52 2%,!4)/.3 !#4 ,2! 4HE ,ABOUR 2ELATIONS !CT .O OF GOVERNS HOW EMPLOYERS AND EMPLOYEES SHOULD DEAL WITH EACH OTHER )T IS NOT ABOUT TERMS AND CONDITIONS OF EMPLOYMENT )T DEALS WITH RIGHTS OF INDIVIDUALS REGARDING FAIRNESS BARGAINING AND DISPUTE RESOLUTION AND RIGHTS AND OBLIGATIONS OF TRADE UNIONS
7(/ )3 #/6%2%$ "9 4(% ,2! %XCEPT FOR MEMBERS OF THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE .ATIONAL )NTELLIGENCE !GENCY AND 3ECRET 3ERVICE ALL EMPLOYEES ARE COVERED BY THE ,2! 3O THIS INCLUDES FARMWORKERS DOMESTIC WORKERS AND PUBLIC SECTOR EMPLOYEES SUCH AS TEACHERS NURSES POLICE ETC WHO WORK FOR THE STATE !N INDEPENDENT CONTRACTOR IS NOT DEFINED AS AN @EMPLOYEE AND IS THEREFORE EXCLUDED FROM THE ,2! AND "#%! PROVISIONS
7(!4 $/%3 4(% ,2! #/6%2 4HE ,2! COVERS THINGS LIKE s RIGHTS OF EMPLOYEES TO FORM AND JOIN A UNION s RIGHTS OF EMPLOYERS TO FORM AND JOIN AN EMPLOYERSg ORGANISATION s THE RIGHTS OF TRADE UNIONS IN THE WORKPLACE s COLLECTIVE BARGAINING s "ARGAINING #OUNCILS AND 3TATUTORY #OUNCILS s THE ESTABLISHMENT OF WORKPLACE FORUMS WHICH ALLOW EMPLOYEES TO PARTICIPATE IN MANAGEMENT DECISIONS AT WORK s FAIR AND UNFAIR LABOUR PRACTICES s PROCEDURES THAT MUST BE FOLLOWED FOR DISMISSALS TO BE FAIR s DISPUTE RESOLUTION STRUCTURES AND PROCEDURES INCLUDING THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION s INDUSTRIAL ACTION
5.&!)2 ,!"/52 02!#4)#%3 4HE ,ABOUR 2ELATIONS !CT ,2! PROHIBITS UNFAIR LABOUR PRACTICES !N UNFAIR LABOUR PRACTICE IS ANY UNFAIR ACT OR OMISSION AT THE WORKPLACE INVOLVING s UNFAIR CONDUCT OF AN EMPLOYER RELATING TO THE PROMOTION OR DEMOTION OR PROBATION OF AN EMPLOYEE s UNFAIR CONDUCT RELATING TO THE PROVISION OF TRAINING OF AN EMPLOYEE s UNFAIR CONDUCT RELATING TO THE PROVISION OF BENEFITS FOR EXAMPLE PENSION MEDICAL AID ETC TO AN EMPLOYEE s UNFAIR DISCIPLINARY ACTION AGAINST AN EMPLOYEE SHORT OF A DISMISSAL FOR EXAMPLE A FINAL WRITTEN WARNING OR UNFAIR SUSPENSION s THE REFUSAL TO REINSTATE OR RE EMPLOY A FORMER EMPLOYEE IN TERMS OF ANY AGREEMENT FOR EXAMPLE FOLLOWING A RETRENCHMENT s AN OCCUPATIONAL SETBACK IN CONTRAVENTION OF THE 0ROTECTED $ISCLOSURES !CT .O OF BECAUSE AN EMPLOYEE HAS MADE A PROTECTED DISCLOSURE DEFINED IN THAT !CT &OR EXAMPLE AN EMPLOYEE IS DENIED OVERTIME BECAUSE HE MADE A DISCLOSURE IN TERMS OF THE @$ISCLOSURE OF )NFORMATION !CT 2EFERENCES TO UNFAIR DISCRIMINATION AGAINST AN EMPLOYEE IN THE ,2! HAVE BEEN TRANSFERRED TO THE %MPLOYMENT %QUITY !CT .O OF %%! SO @UNFAIR DISCRIMINATION IN THE WORKPLACE IS NO LONGER DEFINED AS AN UNFAIR LABOUR PRACTICE IN THE ,2! 4HE %%! LISTS THE GROUNDS FOR NON DISCRIMINATION IN THE WORKPLACE AND DESCRIBES THE STEPS THAT A PERSON CAN TAKE IF THEY BELIEVE THEY HAVE BEEN DISCRIMINATED AGAINST ON ANY OF THE LISTED GROUNDS 3EE PAGE %MPLOYMENT %QUITY !CT
7(!4 34%03 #!. "% 4!+%. )& !. 5.&!)2 ,!"/52 02!#4)#% )3 #/--)44%$ $ISPUTES OVER ALLEGED UNFAIR LABOUR PRACTICES MUST BE REFERRED WITHIN DAYS OF THE ALLEGED UNFAIR LABOUR PRACTICE BEING COMMITTED OR OF THE EMPLOYEE BECOMING AWARE OF THE 5NFAIR ,ABOUR 0RACTICE TO THE ##-! OR "ARGAINING #OUNCIL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
$ISMISSALS 7(!4 )3 ! $)3-)33!, $ISMISSAL MEANS THAT s !N EMPLOYER TERMINATES A CONTRACT OF EMPLOYMENT WITH OR WITHOUT NOTICE n 7ITH NOTICE MEANS THE EMPLOYER TELLS THE EMPLOYEE TO LEAVE WORK AFTER WORKING FOR THE REQUIRED TERM OF NOTICE AS PRESCRIBED IN THE CONTRACT OF EMPLOYMENT 4HE EMPLOYEE GETS PAID FOR THE TIME HE OR SHE WORKED PLUS ANY LEAVE PAY IF THIS IS OWING n 7ITHOUT NOTICE MEANS THE EMPLOYEE LEAVES IMMEDIATELY AND IS PAID OUT INSTEAD OF GETTING NOTICE CALLED PAYMENT IN LIEU OF NOTICE $ISMISSAL WITHOUT NOTICE IS CALLED @3UMMARY $ISMISSAL 7HILST 3UMMARY $ISMISSAL MIGHT TAKE PLACE WHERE AN EMPLOYEE IS GUILTY OF A VERY SERIOUS ACT FOR EXAMPLE THEFT IT WILL STILL BE PROCEDURALLY UNFAIR IF A FAIR HEARING HAS NOT BEEN HELD BEFORE THE DISMISSAL n 7HERE NOTICE IS TO BE PAID THE NOTICE PAY MUST BE WHAT IS PRESCRIBED AS NOTICE IN THE CONTRACT OF EMPLOYMENT FOR EXAMPLE WEEKS PAY INSTEAD OF WEEKS NOTICE 4HE PAYMENT MUST INCLUDE THE VALUE OF PAYMENT IN KIND IF THIS APPLIES TO A PARTICULAR SECTOR %MPLOYEES MUST THEREFORE GET WAGES FOR THE HOURS WORKED PLUS ANY LEAVE PAY PLUS PAYMENT IN LIEU OF NOTICE )F THE EMPLOYEE HAS BEEN SUMMARILY DISMISSED WITH FAIR REASONS AND FOLLOWING A FAIR HEARING THIS MEANS THE EMPLOYEE HAS TO LEAVE IMMEDIATELY AND THE EMPLOYER DOES NOT HAVE TO MAKE ANY PAYMENT IN LIEU OF NOTICE
s ! CONTRACT EMPLOYEE WHOSE FIXED TERM CONTRACT IS SUDDENLY ENDED OR RENEWED ON LESS FAVOURABLE TERMS WHERE THE EMPLOYEE EXPECTED THE CONTRACT TO BE RENEWED BECAUSE IT HAS OFTEN BEEN RENEWED BEFORE OR BECAUSE AN EXPECTATION EXISTS THAT THE EMPLOYMENT WILL BE ONGOING s A WOMAN WHO IS NOT TAKEN BACK INTO HER JOB AFTER HER MATERNITY LEAVE s !N EMPLOYER DISMISSES A NUMBER OF EMPLOYEES FOR SOME REASON FOR EXAMPLE FOR BEING ON STRIKE AND OFFERS TO RE EMPLOY ONE OR MORE BUT NOT ALL s !N EMPLOYEE WHO WAS FORCED TO WALK OUT OR RESIGN BECAUSE THE EMPLOYER MADE THE WORKING ENVIRONMENT IMPOSSIBLE TO TOLERATE s 4HE EMPLOYEE LEAVES HISHER WORK WITH NOTICE OR WITHOUT NOTICE BECAUSE A NEW EMPLOYER HAS TAKEN OVER THE BUSINESS AND IS NOT PAYING THE EMPLOYEE THE SAME WAGES AND CONDITIONS OF EMPLOYMENT ARE NOT THE SAME AS HESHE ENJOYED BEFORE s %MPLOYEES HAVE BEEN RETRENCHED 4HE EMPLOYER MUST PAY THE EMPLOYEE SEVERANCE PAY OF AT LEAST WEEKgS REMUNERATION FOR EVERY FULL YEAR THAT THE EMPLOYEE WORKED FOR THE EMPLOYER 4HE PAYMENT MUST INCLUDE THE VALUE OF PAYMENT IN KIND 3O THE EMPLOYEE MUST GET WAGES FOR THE HOURS WORKED PLUS ANY LEAVE PAY PLUS NOTICE OR PAYMENT IN LIEU OF NOTICE PLUS SEVERANCE PAY %MPLOYEES IN THESE CIRCUMSTANCES ARE ENTITLED TO FAIR DISMISSAL REASONS AND FAIR DISMISSAL PROCEDURES UNDER THE ,2! !N EMPLOYEE COULD CLAIM UNFAIR DISMISSAL THROUGH THE ##-! OR RELEVANT "ARGAINING #OUNCIL
!54/-!4)#!,,9 5.&!)2 $)3-)33!,3 4HE ,2! DEFINES CERTAIN DISMISSALS AS @AUTOMATICALLY UNFAIR !N AUTOMATICALLY UNFAIR DISMISSAL MUST BE REFERRED TO THE ##-! OR "ARGAINING #OUNCIL FOR CONCILIATION )F THE DISPUTE IS NOT RESOLVED AT CONCILIATION THEN THE MATTER AUTOMATICALLY GOES TO THE ,ABOUR #OURT FOR ADJUDICATION 4HE FOLLOWING REASONS FOR DISMISSAL ARE INVALID AND ANY DISMISSAL WILL BE REGARDED AS gAUTOMATICALLY UNFAIRg IF THE EMPLOYEE IS DISMISSED FOR s EXERCISING ANY OF THE RIGHTS GIVEN BY THE ,2! OR PARTICIPATING IN PROCEEDINGS IN TERMS OF THE !CT s TAKING PART IN LAWFUL UNION ACTIVITIES s TAKING PART IN A LEGAL STRIKE OR OTHER INDUSTRIAL ACTION OR PROTEST ACTION s REFUSING TO DO THE WORK OF SOMEONE WHO WAS ON STRIKE s BEING PREGNANT OR ANY REASON RELATED TO PREGNANCY s REFUSING TO ACCEPT A CHANGE IN WORKING CONDITIONS s REASONS THAT ARE DUE TO ARBITRARY DISCRIMINATION EXCEPT THAT AN EMPLOYER MAY RETIRE SOMEONE WHO HAS REACHED THE NORMAL OR AGREED RETIREMENT AGE OR IF THE REASON IS BASED ON AN INHERENT REQUIREMENT OF THE JOB FOR EXAMPLE BEING ABLE TO SPEAK A CERTAIN LANGUAGE IN ORDER TO DO THE JOB PROPERLY s A REASON RELATED TO A TRANSFER FOLLOWING A MERGER OF THE COMPANY WITH ANOTHER ORGANISATION s WHERE THE EMPLOYEE IS DISMISSED FOLLOWING A DISCLOSURE MADE BY HIM IN TERMS OF THE $ISCLOSURE OF )NFORMATION !CT
7(%. )3 ! $)3-)33!, &!)2 /2 5.&!)2 4HE ,2! HAS A #ODE OF 'OOD 0RACTICE FOR $ISMISSALS THAT EMPLOYERS MUST FOLLOW 4HE gFAIRNESSg OF DISMISSAL IS DECIDED IN TWO WAYS n SUBSTANTIVE FAIRNESS AND PROCEDURAL FAIRNESS
)3 ! $)3-)33!, 5.&!)2
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3EE PAGE $ISMISSAL FOR MISCONDUCT ON FAIR REASONS
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(!3 4(% %-0,/9%2 s TRIED TO AVOID RETRENCHING s CONSULTED THE EMPLOYEES s GIVEN FAIR NOTICE s APPLIED LAST IN FIRST OUT
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$)3-)33!, 7),, "% 5.&!)2
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3EE PAGE 2ETRENCHMENT OR REDUNDANCY DISMISSAL ON FAIR PROCEDURE
$)3-)33!, 7),, "% 5.&!)2 35"34!.4)6% &!)2.%33 7AS THERE A gFAIRg REASON TO DISMISS THE EMPLOYEE 7AS DISMISSAL APPROPRIATE UNDER THE CIRCUMSTANCES 4HE EMPLOYER MUST HAVE A PROPER AND FAIR REASON FOR DISMISSING THE EMPLOYEE ! gFAIRg REASON CAN BE ONE OF THESE s MISCONDUCT n THE EMPLOYEE HAS DONE SOMETHING SERIOUSLY WRONG AND CAN BE BLAMED FOR THE MISCONDUCT 3EE PAGE $ISMISSAL FOR MISCONDUCT s INCAPACITY n THIS INCLUDES POOR PERFORMANCE WHERE THE EMPLOYEE DOES NOT DO THE JOB PROPERLY OR THE EMPLOYEE IS UNABLE TO DO THE JOB DUE TO ILLNESS OR DISABILITY 3EE PAGE $ISMISSAL FOR INCAPACITY s RETRENCHMENT OR REDUNDANCY n THE EMPLOYER IS CUTTING DOWN ON STAFF OR RESTRUCTURING THE WORK AND WORK OF A PARTICULAR KIND HAS CHANGED 3EE PAGE 2ETRENCHMENT
4HE EMPLOYER MUST HAVE A PROPER AND FAIR REASON FOR DISMISSING THE EMPLOYEE ! gFAIRg REASON CAN BE ONE OF THESE s MISCONDUCT n THE EMPLOYEE HAS DONE SOMETHING SERIOUSLY WRONG AND CAN BE BLAMED FOR THE MISCONDUCT 3EE PAGE $ISMISSAL FOR MISCONDUCT s INCAPACITY n THIS INCLUDES POOR PERFORMANCE WHERE THE EMPLOYEE DOES NOT DO THE JOB PROPERLY OR THE EMPLOYEE IS UNABLE TO DO THE JOB DUE TO ILLNESS OR DISABILITY 3EE PAGE $ISMISSAL FOR INCAPACITY s RETRENCHMENT OR REDUNDANCY n THE EMPLOYER IS CUTTING DOWN ON STAFF OR RESTRUCTURING THE WORK AND WORK OF A PARTICULAR KIND HAS CHANGED 3EE PAGE 2ETRENCHMENT
02/#%$52!, &!)2.%33 7AS A FAIR PROCEDURE FOLLOWED BEFORE THE EMPLOYEE WAS DISMISSED 4HE EMPLOYEE MUST ALWAYS HAVE A FAIR HEARING BEFORE BEING DISMISSED )N OTHER WORDS THE EMPLOYEE MUST ALWAYS GET A CHANCE TO GIVE HIS OR HER SIDE OF THE STORY BEFORE THE EMPLOYER DECIDES ON DISMISSAL )F AN EMPLOYEE FEELS A DISMISSAL WAS UNFAIR EITHER SUBSTANTIVELY OR PROCEDURALLY THEN THIS CAN BE REFERRED TO THE ##-! FOR CONCILIATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 0ROBLEM %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY WITH NO PREVIOUS RECORD OF DRUNKENNESS
$)3-)33!, &/2 -)3#/.$5#4 &!)2 2%!3/.3 %MPLOYERS ARE ENCOURAGED TO ADOPT CLEAR RULES OF CONDUCT THAT ARE KNOWN TO ALL EMPLOYEES 3OME RULES MAY BE SO WELL ESTABLISHED OR OBVIOUS THAT EVERYONE CAN BE EXPECTED TO KNOW THEM FOR EXAMPLE THAT VIOLENCE AT WORK IS NOT ACCEPTABLE $ISMISSALS FOR MISCONDUCT WILL ONLY BE FAIR IF s THE EMPLOYEE BROKE A RULE OF CONDUCT IN THE WORKPLACE s THE RULE WAS REASONABLE AND NECESSARY s THE EMPLOYEE KNEW OF THE RULE OR SHOULD HAVE KNOWN OF THE RULE s THE EMPLOYER APPLIED THE RULE CONSISTENTLY THERE ARE NO OTHER EMPLOYEES WHO HAVE BEEN ALLOWED TO GET AWAY WITH THIS MISCONDUCT s IT IS APPROPRIATE TO DISMISS THE EMPLOYEE FOR THIS REASON RATHER THAN TAKING LESS SERIOUS DISCIPLINARY ACTION OR IMPOSING A LESSER PENALTY SUCH AS A FINAL WARNING #ORRECTIVE OR PROGRESSIVE DISCIPLINE MUST BE USED FOR MISCONDUCT 4HE AIM OF CORRECTIVE DISCIPLINE IS TO CORRECT THE EMPLOYEE AND HELP HIM OR HER OVERCOME THE PROBLEM 0ROGRESSIVE DISCIPLINE CAN GET STRONGER EVERY TIME THE EMPLOYEE REPEATS THE MISCONDUCT %MPLOYEES SHOULD NOT BE DISMISSED FOR A FIRST OFFENCE UNLESS IT IS VERY SERIOUS SUCH AS GROSS INSUBORDINATION OR DISHONESTY INTENTIONAL DAMAGE TO THE EMPLOYERgS PROPERTY PUTTING OTHERSg SAFETY AT RISK OR PHYSICAL ASSAULT OF A CO EMPLOYEE %MPLOYEES CAN BE DISMISSED FOR MISCONDUCT IF THEY GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES 4HE EMPLOYER SHOULD CONTACT A TRADE UNION OFFICIAL AND TELL THE OFFICIAL OF THE PLANNED DISMISSALS AND TRY TO GIVE EMPLOYEES AN ULTIMATUM WITH ENOUGH TIME TO CONSIDER THE ULTIMATUM "EFORE DECIDING TO DISMISS THE EMPLOYEE FOR MISCONDUCT THE EMPLOYER MUST CONSIDER s THE EMPLOYEEgS CIRCUMSTANCES FOR EXAMPLE LENGTH OF SERVICE PREVIOUS DISCIPLINARY RECORD PERSONAL CIRCUMSTANCES
s THE NATURE OF THE JOB s THE CIRCUMSTANCES IN WHICH THE MISCONDUCT TOOK PLACE
&!)2 02/#%$52%3 %MPLOYERS MUST KEEP RECORDS FOR EACH EMPLOYEE WHICH SAY WHAT OFFENCES AN EMPLOYEE COMMITTED WHAT DISCIPLINARY ACTION WAS TAKEN AND WHY THE ACTION WAS TAKEN )F THERE IS REPEATED MISCONDUCT THE EMPLOYER MUST GIVE THE EMPLOYEE WARNINGS ! FINAL WARNING FOR REPEATED MISCONDUCT OR SERIOUS MISCONDUCT MUST BE GIVEN IN WRITING 4HERE MUST BE A FAIR HEARING s )F THE EMPLOYEE IS A SHOP STEWARD THE EMPLOYER MUST FIRST INFORM OR CONSULT THE UNION BEFORE THE DISCIPLINARY HEARING s 4HE EMPLOYEE MUST KNOW IN ADVANCE WHAT THE CHARGES ARE AGAINST HIM OR HER s 4HE EMPLOYEE MUST BE GIVEN ENOUGH TIME TO PREPARE FOR A HEARING APPROXIMATELY OR WORKING DAYS s 4HE EMPLOYEE MUST BE PRESENT AT THE HEARING AND BE ALLOWED TO STATE HIS OR HER CASE s 4HE EMPLOYEE MUST BE ALLOWED TO BE REPRESENTED AT THE HEARING BY A SHOP STEWARD OR CO EMPLOYEE OF HISHER CHOICE s 4HE EMPLOYEE MUST BE ALLOWED TO SEE DOCUMENTS AND CROSS EXAMINE EVIDENCE USED AGAINST HIM OR HER s 4HE EMPLOYER SHOULD BRING ALL WITNESSES AGAINST THE EMPLOYEE TO THE HEARING 4HE EMPLOYEE SHOULD HAVE A CHANCE TO CROSS EXAMINE WITNESSES CALLED AGAINST HIM OR HER s 4HE EMPLOYEE SHOULD BE ALLOWED TO CALL WITNESSES s 4HE EMPLOYEE MUST BE GIVEN REASONS FOR ANY DECISIONS TAKEN s 4HE #HAIRPERSON OF THE HEARING SHOULD NOT BE BIASED AGAINST THE EMPLOYEE CHARGED WITH MISCONDUCT 3OMETIMES IF THE EMPLOYER HAS ONLY A VERY SMALL BUSINESS SHE OR HE WILL NOT BE EXPECTED TO MEET ALL THESE REQUIREMENTS AS FORMALLY AS WOULD A LARGER ORGANISATION
$)3-)33!, &/2 ).#!0!#)49 &!)2 2%!3/.3 ! DISMISSAL FOR INCAPACITY CAN BE FOR s POOR WORK PERFORMANCE s PHYSICAL DISABILITY OR ILL HEALTH s INCOMPATIBILITY OR WHERE THE EMPLOYEE IS UNSUITABLE TO CONTINUE IN THE POSITION 7HEN DECIDING WHETHER A DISMISSAL FOR INCAPACITY WAS FAIR OR NOT THE FOLLOWING MUST BE CONSIDERED s WHETHER THE EMPLOYEE FAILED TO WORK TO A REQUIRED STANDARD s WHETHER THE EMPLOYEE WAS AWARE OF THE STANDARD s WHETHER THE EMPLOYEE WAS GIVEN A FAIR CHANCE TO MEET THE STANDARD s WHETHER DISMISSAL IS THE APPROPRIATE OUTCOME FOR FAILING TO MEET THE STANDARD s WHETHER THE INCAPACITY IS SERIOUS AND WHAT THE LIKELIHOOD IS OF AN IMPROVEMENT s WHETHER THE EMPLOYEE COULD BE ACCOMMODATED IN AN ALTERNATIVE POSITION SHOULD ONE BE AVAILABLE
&!)2 02/#%$52%3 $ISMISSALS FOR POOR PERFORMANCE WILL ONLY BE FAIR IF THE EMPLOYER s HAS GIVEN THE EMPLOYEE PROPER TRAINING INSTRUCTIONS EVALUATION GUIDANCE AND ADVICE s ASSESSED THE EMPLOYEEgS PERFORMANCE OVER A REASONABLE PERIOD OF TIME s INVESTIGATED THE REASONS FOR CONTINUED POOR PERFORMANCE s INVESTIGATED WAYS OF SOLVING THE PROBLEM WITHOUT RESORTING TO DISMISSAL s GAVE THE EMPLOYEE A CHANCE TO BE HEARD BEFORE DECIDING TO DISMISS s CONSIDERED EMPLOYING THE EMPLOYEE IN AN ALTERNATE AND APPROPRIATE POSITION SHOULD ONE BE AVAILABLE $ISMISSALS FOR TEMPORARYPERMANENT ILL HEALTH OR DISABILITY WILL ONLY BE FAIR IF THE EMPLOYER s INVESTIGATED THE DEGREE AND DURATION OF THE INJURY OR INCAPACITY s CONSIDERED WAYS OF AVOIDING DISMISSAL FOR EXAMPLE GETTING A TEMPORARY EMPLOYEE UNTIL THE SICK EMPLOYEE IS BETTER s TRIED TO FIND ALTERNATIVE WORK FOR THE EMPLOYEE TO DO s TRIED TO ADAPT THE WORK SO THAT THE EMPLOYEE COULD STILL DO IT s GAVE THE EMPLOYEE A CHANCE TO BE HEARD BEFORE DECIDING TO DISMISS (OW BADLY ILL OR DISABLED THE EMPLOYEE IS DEGREE OF INCAPACITY AND FOR HOW LONG HE OR SHE IS LIKELY TO REMAIN ILL OR DISABLED DURATION OF INCAPACITY AS WELL AS THE REASON FOR THE INCAPACITY WILL BE CONSIDERED WHEN DECIDING WHETHER THE DISMISSAL IS FAIR OR NOT -ORE EFFORT IS EXPECTED OF THE EMPLOYER IF THE EMPLOYEE WAS INJURED OR GOT SICK BECAUSE OF THEIR WORK 3EE PAGE 0ROBLEM %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
2%42%.#(-%.4 /2 2%$5.$!.#9 $)3-)33!, &!)2 2%!3/.3 !N EMPLOYER IS ALLOWED TO RETRENCH EMPLOYEES FOR gOPERATIONAL REQUIREMENTSg BASED ON THE EMPLOYERgS gECONOMIC TECHNOLOGICAL STRUCTURAL OR SIMILAR NEEDSg %8!-0,%3 %#/./-)# 2%!3/. 4HE EMPLOYER SAYS THE BUSINESS IS LOSING MONEY 4%#(./,/')#!, 2%!3/.3 4HE EMPLOYER IS GETTING A MACHINE TO DO WORK THAT EMPLOYEES DID BY HAND BEFORE OR THE EMPLOYERgS NEW MACHINES NEED DIFFERENT SKILLS TO OPERATE THEM THAN THE EXISTING EMPLOYEESg SKILLS 3425#452!, 2%!3/. 4HE EMPLOYER IS RESTRUCTURING THE BUSINESS BY COMBINING TWO DEPARTMENTS SO HAS NOT FURTHER NEED FOR TWO (EADS OF $EPARTMENTS
&!)2 02/#%$52%3 7HEN AN EMPLOYER CONSIDERS RETRENCHMENT HE OR SHE MUST CONSULT s WHOEVER A COLLECTIVE AGREEMENT SAYS MUST BE CONSULTED OR IF NONE EXISTS s THE WORKPLACE FORUM OR IF NONE EXISTS s THE UNION OR IF NONE EXISTS s THE EMPLOYEES THEMSELVES
4HE EMPLOYER MUST ISSUE A WRITTEN NOTICE INVITING THE OTHER PARTY TO CONSULT WITH IT AND MAKE ALL THE RELEVANT INFORMATION AVAILABLE IN WRITING AT THE CONSULTATIONS INCLUDING s REASONS FOR RETRENCHMENT s ALTERNATIVES CONSIDERED INCLUDING REDEPLOYMENT s NUMBER OF EMPLOYEES TO BE RETRENCHED s HOW IT WILL BE DECIDED WHICH EMPLOYEES TO RETRENCH s WHEN THE DISMISSALS WILL TAKE PLACE s SEVERANCE PAY s WHAT OTHER HELP THE EMPLOYER WILL GIVE TO THE EMPLOYEES WHO WILL BE RETRENCHED s POSSIBILITIES OF FUTURE RE EMPLOYMENT FOR THESE EMPLOYEES s NUMBER OF EMPLOYEES EMPLOYED BY THE EMPLOYER s NUMBER OF EMPLOYEES THE EMPLOYER HAS RETRENCHED DURING THE PAST MONTHS 4HE EMPLOYEES THE EMPLOYER IS CONSULTING WITH MUST BE ALLOWED TO HAVE THEIR SAY AND MAKE SUGGESTIONS ON ANY OF THESE ISSUES )F THE EMPLOYER REJECTS WHAT THEY SAY HE OR SHE MUST GIVE REASONS IN WRITING IF THE EMPLOYEES HAVE SUBMITTED THEIR REPRESENTATIONS IN WRITING 4HE CONSULTATION PROCESS IS A @JOINT CONSENSUS SEEKING PROCESS )N OTHER WORDS THE PARTIES TRY AND REACH AN AGREEMENT ON THE DIFFERENT ISSUES SUCH AS s WHETHER RETRENCHMENT IS JUSTIFIED AND WAYS TO AVOID RETRENCHMENTS s WAYS TO REDUCE THE NUMBER OF PEOPLE RETRENCHED s WAYS TO LIMIT THE HARSH EFFECTS OF RETRENCHMENT s THE METHOD AND CRITERIA FOR SELECTING EMPLOYEES TO BE RETRENCHED IF THERE IS NO AGREEMENT THE EMPLOYER MUST USE FAIR AND OBJECTIVE CRITERIA s SEVERANCE PAY EMPLOYEES CAN NEGOTIATE FOR HIGHER SEVERANCE PAY THAN THE ,2! PRESCRIBES WHICH IS WEEKgS PAY FOR EVERY YEAR OF SERVICE )F EMPLOYEES AND THE EMPLOYER CANNOT AGREE DISPUTES OVER THE PROCEDURES FOR RETRENCHMENT CAN BE REFERRED TO THE ##-! FOR CONCILIATION AND THEREAFTER THE ,ABOUR #OURT )F THE RETRENCHMENT INVOLVES A SINGLE EMPLOYEE THE EMPLOYEE CAN CHALLENGE THE FAIRNESS OF THE DISMISSAL AT THE ##-! RATHER THAN THE ,ABOUR #OURT IF HE OR SHE WISHES ! DISPUTE ABOUT THE AMOUNT OF SEVERANCE PAY IS FINALISED AT THE ##-! BY ARBITRATION 3ECTION ! OF THE ,ABOUR 2ELATIONS !CT HAS SPECIAL PROVISIONS FOR RETRENCHMENTS IN COMPANIES THAT EMPLOY MORE THAN FIFTY EMPLOYEES 4HE PROVISIONS CAN BE USED BY PARTIES IF BOTH AGREE TO THIS TO HELP THEM REACH AN AGREEMENT 4HE PROVISIONS ALLOW FOR AN OUTSIDE FACILITATOR TO HELP FACILITATE THE PROCESS AND THE RIGHT TO STRIKE OVER RETRENCHMENTS AS A FINAL RESORT 3EE PAGE 0ROBLEM 2ETRENCHMENT
7(!4 34%03 #!. "% 4!+%. )& 4(%2% )3 !. 5.&!)2 $)3-)33!, )F AN EMPLOYEE THINKS THAT THE DISMISSAL WAS UNFAIR IN OTHER WORDS THAT THE EMPLOYER DIDNgT FOLLOW FAIR PROCEDURES OR THERE IS NOT A gGOOD REASONg FOR THE DISMISSAL THEN THE EMPLOYEE CAN TRY TO CHALLENGE THE DISMISSAL )F A DISMISSAL IS FOUND TO BE UNFAIR THE EMPLOYEE WILL BE ABLE TO GET REINSTATED OR RE EMPLOYED OR GET COMPENSATION MONEY 2EINSTATEMENT MEANS THE EMPLOYEE GETS THE JOB BACK AS IF SHE OR HE WAS NEVER DISMISSED 2E EMPLOYMENT MEANS THE EMPLOYEE GETS THE JOB BACK BUT STARTS LIKE A NEW EMPLOYEE
4HE EMPLOYEE IS LIKELY TO GET COMPENSATION IF s THE EMPLOYEE DOES NOT WANT THE JOB BACK s THE CIRCUMSTANCES SURROUNDING THE DISMISSAL WOULD MAKE THE RELATIONSHIP BETWEEN EMPLOYEE AND EMPLOYER INTOLERABLE s IT IS NOT REASONABLY PRACTICAL FOR THE EMPLOYER TO TAKE THE EMPLOYEE BACK s THE DISMISSAL IS UNFAIR MERELY BECAUSE THE EMPLOYER FAILED TO COMPLY WITH A FAIR PROCEDURE BUT THERE WAS A GOOD REASON FOR DISMISSAL PROCEDURAL OR SUBSTANTIVE UNFAIRNESS 4HE EMPLOYEE CAN GET UP TO MONTHSg WAGES AS COMPENSATION FOR AN UNFAIR DISMISSAL )F IT WAS AN AUTOMATICALLY UNFAIR DISMISSAL THE EMPLOYEE COULD GET UP TO MONTHSg WAGES AS COMPENSATION 4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES TO BE FOLLOWED TO RESOLVE DISPUTES OVER UNFAIR LABOUR PRACTICES AND UNFAIR DISMISSALS 4HE STEPS ARE SUMMARISED BELOW 4HIS SECTION LOOKS IN DETAIL AT CONCILIATION ARBITRATION AND ADJUDICATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 0ROBLEM %MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY WITH NO PREVIOUS RECORD OF DRUNKENNESS
3OLVING DISPUTES UNDER THE ,2! #/.#),)!4)/. "9 4(% ##-! /2 "!2'!).).' #/5.#), #ONCILIATION IS A PROCESS TO BRING THE TWO SIDES IN A DISPUTE TOGETHER AFTER THEY HAVE REACHED A DEADLOCK )N CONCILIATION AN INDEPENDENT AND NEUTRAL THIRD PARTY IS USED TO MEDIATE BETWEEN THE TWO SIDES 5NDER THE ,ABOUR 2ELATIONS !CT THE CONCILIATOR MEDIATOR IS A COMMISSIONER FROM THE ##-! OR "ARGAINING #OUNCIL
(/7 4/ 2%&%2 4(% $)3054% 4/ 4(% 2)'(4 "/$9 &IND OUT WHETHER THERE IS A "ARGAINING #OUNCIL COVERING THE SECTOR THAT THE EMPLOYEE WORKS IN )F THERE IS A "ARGAINING #OUNCIL PHONE THAT #OUNCIL AND FIND OUT THE STEPS YOU SHOULD TAKE TO REFER THE MATTER FOR CONCILIATION )F THERE IS NO "ARGAINING #OUNCIL THE DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION $O THE FOLLOWING s &ILL IN FORM ,2! s 3END A COPY OF THE FORM TO THE EMPLOYER BY FAX REGISTERED MAIL OR PERSONAL DELIVERY s 3END A COPY TO THE ##-! BY FAX REGISTERED MAIL OR PERSONAL DELIVERY !TTACH PROOF THAT YOU HAVE SENT A COPY TO THE EMPLOYER FOR EXAMPLE A FAX TRANSMISSION SLIP REGISTERED MAIL SLIP OR AFFIDAVIT CONFIRMING PERSONAL DELIVERY OF FORM ,2! )F YOU DO NOT WANT CONCILIATION AND ARBITRATION TO TAKE PLACE ON THE SAME DAY WITH THE SAME COMMISSIONER YOU MUST NOTE THIS IN THE APPROPRIATE SPACE ON THE DISPUTE FORM 3EE PAGE ,2! &ORM
!00,9).' &/2 #/.$/.!4)/. )& 4(% 2%&%22!, )3 ,!4% )F MORE THAN DAYS HAVE PASSED SINCE THE DISMISSAL OR DAYS IF IT IS AN UNFAIR LABOUR PRACTICE TOOK PLACE YOU WILL HAVE TO APPLY FOR CONDONATION WHICH IS LIKE AN EXTENSION OF THE DEADLINE )F A "ARGAINING #OUNCIL WILL DEAL WITH THE MATTER ASK THE #OUNCIL HOW TO APPLY FOR CONDONATION )F THE ##-! WILL DEAL WITH THE MATTER YOU CAN APPLY FOR CONDONATION IN FORM ,2! OR THE ##-! WILL ASK YOU TO FILL IN CONDONATION FORMS IF YOU DIDNgT DO IT ON FORM ,2!
34%03 4/ 2%3/,6% ! ,!"/52 $)3054% 5.$%2 4(% ,2!
2%&%2 !. 5.&!)2 ,!"/52 02!#4)#% &/2 #/.#),)!4)/. 4/ ! "!2'!).).' #/5.#), )& /.% %8)343 /2 ##-! 7)4(). $!93 /& 4(% $!4% x s ON WHICH THE UNFAIR LABOUR PRACTICE TOOK PLACE /2 s WHEN THE EMPLOYEE BECAME AWARE OF THE PRACTICE
)& 4(% $)3054% )3 3%44,%$ 4(2/5'( #/.#),)!4)/. -AKE SURE THE AGREEMENT IS RECORDED IN WRITING AND THAT IT IS UNDERSTOOD BY BOTH PARTIES
&OLLOW UP TO MAKE SURE THE AGREEMENT IS IMPLEMENTED
)& !'2%%-%.4 )3 ./4 )-0,%-%.4%$ !PPLY TO THE ,ABOUR #OURT FOR A COURT ORDER
2%&%2 !. 5.&!)2 $)3-)33!, &/2 #/.#),)!,)/. 4/ ! "!2'!).).' #/5.#), )& /.% %8)343 /2 ##-! 7)4(). $!93 /& #/-0,%4)/. /& ).4%2.!, $)3#)0,).!29 02/#%$52%3
)& 4(% $)3054% )3 ./4 3%44,%$ 4(2/5'( #/.#),)!4)/. 2EFER THE CASE WITHIN DAYS TO ARBITRATION WITH THE "# OR ##-! FOR UNFAIR DISMISSAL AND 5,0 OR GO TO THE ,ABOUR #OURT DEPENDING ON THE TYPE OF DISPUTE OR TAKE INDUSTRIAL ACTION
!2")42!4)/. 7)4( 4(% "# /2 ##-! )F THE DISPUTE INVOLVES s DISMISSAL FOR MISCONDUCT OR INCAPACITY s UNFAIR RETRENCHMENT OF AN INDIVIDUAL s UNFAIR LABOUR PRACTICE NOT INVOLVING ARBITRARY DISCRIMINATION LIKE SEVERANCE PAY UNFAIR DISCIPLINARY ACTION ORGANISING RIGHTS LIKE UNION ACCESS TO WORKPLACE
)N CERTAIN CASES YOU CAN APPLY WITHIN WEEKS FOR A REVIEW ,!"/52 #/524 2%6)%7
!$*5$)#!4)/. 7)4( 4(% ,!"/52 #/524 )F THE DISPUTE INVOLVES s AUTOMATICALLY UNFAIR DISMISSAL FOR EXAMPLE FOR PREGNANCY OR REFUSING TO OBEY AN ILLEGAL ORDER s ARBITRARY AND UNFAIR DISCRIMINATION s DISMISSAL FOR OPERATIONAL REQUIREMENTS FOR EXAMPLE RETRENCHMENTS s RIGHT TO JOIN A TRADE UNION STRIKE AND PICKET
!00%!, ). ,!"/52 !00%!, #/524
).$5342)!, !#4)/. #!. ./4 "% 4!+%. s IF THERE IS AN AGREEMENT BETWEEN EMPLOYEES AND EMPLOYER WHICH ALREADY HAS A DECISION ABOUT THE ISSUE OR SAYS THAT SUCH DISPUTES MUST BE REFERRED FOR ARBITRATION OR PROHIBITS INDUSTRIAL ACTION s IF THE ,2! SAYS SUCH DISPUTES MUST BE REFERRED FOR ARBITRATION s IF EMPLOYEES ARE ENGAGED IN AN ESSENTIAL SERVICE
).$5342)!, !#4)/. 7AIT DAYS FROM REFERRING THE DISPUTE TO ##-! 7AIT FOR THE UNSUCCESSFUL CONCILIATION CERTIFICATE FROM ##-! 'IVE HOURS WRITTEN NOTICE TO EMPLOYER
#ONDONATION MAY BE GRANTED IF YOU ARE ABLE TO GIVE GOOD REASONS FOR BEING LATE WITH THE APPLICATION 7HEN YOU APPLY FOR CONDONATION YOU SHOULD FOCUS ON THE FOLLOWING s @DEGREE OF LATENESS OF YOUR APPLICATION HOW MANY DAYSWEEKSMONTHS LATE IS IT s THE PREJUDICE TO THE PARTIES s THE LIKELIHOOD OF SUCCESS OF YOUR CASE s THE MEASURE OF @PUBLIC INTEREST THAT APPLIES IF YOUR CASE GOES AHEAD ONLY IF THIS IS APPROPRIATE !PPLICATION FOR CONDONATION MUST BE IN THE FORM OF AN AFFIDAVIT 3EE PAGE !FFIDAVITS
4(% #/.#),)!4)/. -%%4).' 4HE COMMISSIONER WILL ARRANGE A VENUE AND TIME FOR THE CONCILIATION AND WILL INFORM BOTH PARTIES !T THE CONCILIATION MEETING THE COMMISSIONER MEETS WITH THE TWO PARTIES TO THE DISPUTE TO FIND WAYS TO SETTLE THE DISPUTE TO EVERYONEgS SATISFACTION 4HE MEETING IS CONDUCTED IN AN INFORMAL WAY AND THE COMMISSIONER CAN MEET THE PARTIES TOGETHER OR SEPARATELY AS OFTEN AS IS NEEDED 4HE COMMISSIONER HAS THE POWER TO SUBPOENA ANY PERSON TO ATTEND THE MEETING 4HE COMMISSIONER MUST TRY TO RESOLVE THE DISPUTE WITHIN DAYS OF IT BEING REFERRED TO THE ##-! OR "ARGAINING #OUNCIL 4HE EMPLOYEES AND EMPLOYER ARE FREE TO AGREE TO ANY SOLUTION TO SETTLE THE DISPUTE AT A CONCILIATION MEETING ! CERTIFICATE WILL BE ISSUED BY THE COMMISSIONER AT THE END OF THE MEETING TO SAY WHETHER THE DISPUTE HAS BEEN SETTLED OR NOT
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$ %-0,/9%23 ). ! #/.#),)!4)/. -%%4).' %MPLOYEES CAN BE REPRESENTED BY A CO EMPLOYEE OR A TRADE UNION OFFICE BEARER OR OFFICIAL )F THE DISPUTE DOES NOT CONCERN ALLEGED UNFAIR DISMISSAL FOR MISCONDUCT OR INCAPACITY EITHER PARTY CAN BE REPRESENTED BY A LAWYER 4HE EMPLOYER CAN BE REPRESENTED BY AN EMPLOYEE OF THE BUSINESS LIKE THE (UMAN 2ESOURCES -ANAGER OR BY A REPRESENTATIVE OF AN EMPLOYERSg ORGANISATION BUT NOT A LAWYER IF THE MATTER CONCERNS MISCONDUCT OR INCAPACITY DISMISSAL
35##%33&5, #/.#),)!4)/. )F THE CONCILIATION IS SUCCESSFUL AN AGREEMENT IS REACHED WHICH BOTH PARTIES MUST FOLLOW )F THEY DO THE MATTER IS RESOLVED AND ENDS HERE
7(!4 (!00%.3 )& 4(% #/.#),)!4)/. !'2%%-%.4 )3 ./4 #/-0,)%$ 7)4( )F EITHER PARTY BREAKS THE AGREEMENT THE OTHER PARTY MAY APPLY TO THE ,ABOUR #OURT TO HAVE THE AGREEMENT MADE INTO A COURT ORDER 4HESE ARE THE STEPS TO FOLLOW s /BTAIN THE APPLICATION FORMS FROM THE 2EGISTRAR OF THE #OURT AND FILL THEM IN s !TTACH A COPY OF THE AGREEMENT AND AN AFFIDAVIT TO THE APPLICATION 4HE AFFIDAVIT MUST STATE n WHEN THE DISPUTE WAS REFERRED FOR CONCILIATION n WHEN THE CONCILIATION MEETING WAS HELD n WHEN THE AGREEMENT WAS MADE n WHAT HAPPENED AFTER THE AGREEMENT WAS MADE
n WHETHER DEMANDS HAVE BEEN MADE n WHETHER THE EMPLOYEE HAS KEPT HIS OR HER PART OF THE AGREEMENT s 3ERVE THE APPLICATION ON THE EMPLOYER s &ILE THE APPLICATION AND PROOF THAT YOU HAVE SERVED NOTICE ON THE EMPLOYER WITH THE 2EGISTRAR OF THE #OURT
5.35##%33&5, #/.#),)!4)/. )F THE TWO PARTIES CANNOT REACH AN AGREEMENT OR THE EMPLOYER REFUSES TO ATTEND THE CONCILIATION MEETING THE COMMISSIONER WILL ISSUE A CERTIFICATE STATING THAT THE MATTER HAS NOT BEEN RESOLVED 4HE CERTIFICATE WILL BE SENT TO BOTH PARTIES BY THE COMMISSIONERgS OFFICE %ITHER PARTY CAN THEN REFER THE MATTER FOR ARBITRATION TO THE ##-! OR ADJUDICATION AT THE ,ABOUR #OURT DEPENDING ON THE NATURE OF THE DISPUTE $ISPUTES OVER THESE MATTERS ARE REFERRED TO THE ##-! OR "ARGAINING #OUNCIL FOR ARBITRATION s UNFAIR LABOUR PRACTICES THAT DO NOT INVOLVE DISCRIMINATION s DISMISSALS FOR ACTS OF MISCONDUCT THE EMPLOYER SAYS THE EMPLOYEE DID SOMETHING WRONG s DISMISSALS FOR INCAPACITY THE EMPLOYER SAYS THE EMPLOYEE CANgT DO THE WORK PROPERLY s SEVERANCE PAY s DISPUTES CONCERNING ORGANISATIONAL RIGHTS FOR A TRADE UNION s ALLEGED UNFAIR RETRENCHMENT WHERE THE RETRENCHMENT INVOLVED AN INDIVIDUAL EMPLOYEE s BREACH OF A COLLECTIVE AGREEMENT $ISPUTES OVER THESE MATTERS ARE REFERRED TO THE ,ABOUR #OURT FOR ADJUDICATION s $ISPUTES THAT INVOLVE DISCRIMINATION s RETRENCHMENTS s AUTOMATICALLY UNFAIR DISMISSALS 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS )F THE PARTIES BELIEVE THAT IT IS GOING TO BE TOO EXPENSIVE TO TAKE THE MATTER TO THE ,ABOUR #OURT THEY CAN AGREE TO HAVE THE MATTER ARBITRATED BY THE ##-! OR "ARGAINING #OUNCIL EVEN IF THE MATTER FALLS WITHIN THE JURISDICTION OF THE ,ABOUR #OURT
!2")42!4)/. "9 4(% ##-! /2 "!2'!).).' #/5.#), 7(!4 )3 !2")42!4)/. !RBITRATION MEANS THE TWO SIDES OR PARTIES TO THE DISPUTE AGREE TO USE A THIRD PARTY TO SETTLE A DISPUTE ! THIRD PARTY IS SOMEONE WHO IS NOT FROM THE UNION OR EMPLOYERgS SIDE 4HE ARBITRATOR ACTS AS JUDGE TO DECIDE THE DISPUTE 5NDER THE ,2! THE ARBITRATOR IS A COMMISSIONER FROM THE ##-! OR "ARGAINING #OUNCIL !FTER HEARING WHAT BOTH PARTIES HAVE TO SAY THE COMMISSIONER CAN MAKE A RULING THAT IS LEGALLY BINDING AND MUST BE ACCEPTED BY BOTH PARTIES
(/7 4/ 2%&%2 ! #!3% &/2 !2")42!4)/. )F THERE IS A "ARGAINING #OUNCIL WHICH REGULATES THE SECTOR THAT THE PARTIES WORK IN THEN THE MATTER MUST BE RESOLVED ACCORDING TO THE RULES OF THAT #OUNCIL #ONTACT THE RELEVANT #OUNCIL TO FIND OUT WHAT TO DO IF THE EMPLOYEE WANTS TO REFER THE MATTER TO ARBITRATION )N SOME CASES EVEN THOUGH THERE IS A "ARGAINING #OUNCIL THE ARBITRATION MAY BE DONE BY THE ##-!
4O REFER THE MATTER TO THE ##-! FOR ARBITRATION s &ILL IN FORM ,2! s 3END A COPY OF THE FORM TO THE EMPLOYER BY FAX REGISTERED MAIL OR PERSONAL DELIVERY s 3END A COPY TO THE ##-! BY FAX REGISTERED MAIL OR PERSONAL DELIVERY !TTACH PROOF THAT YOU HAVE SENT A COPY TO THE EMPLOYER FOR EXAMPLE A FAX TRANSMISSION SLIP REGISTERED MAIL SLIP OR AFFIDAVIT CONFIRMING PERSONAL DELIVERY
4(% !2")42!4)/. (%!2).' 4HE ##-! OR "ARGAINING #OUNCIL WILL APPOINT A COMMISSIONER TO ARBITRATE WILL SET THE TIME AND VENUE AND INFORM BOTH PARTIES 4HE ARBITRATION HEARING IS RELATIVELY INFORMAL AND THE COMMISSIONER WILL ENCOURAGE THE PARTIES TO FOCUS ON THE REAL MERITS OF THEIR CASES AND TO AVOID LEGAL TECHNICALITIES !FTER HEARING EVIDENCE FROM BOTH PARTIES UNDER OATH THE COMMISSIONER CAN MAKE A RULING THAT IS LEGALLY BINDING AND MUST BE ACCEPTED BY BOTH PARTIES )F THE COMMISSIONER DECIDES THAT THE EMPLOYER WAS WRONG THE COMMISSIONER CAN ORDER THE EMPLOYER TO TAKE CERTAIN STEPS OR TO PAY COMPENSATION 3EE PAGE #HECKLIST TO PREPARE FOR AN ARBITRATION
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$ %-0,/9%23 ). !. !2")42!4)/. 02/#%$52% %MPLOYEES CAN ONLY BE REPRESENTED BY A FELLOW EMPLOYEE A LAWYER WHERE THE CASE DOES NOT INVOLVE MISCONDUCT OR INCAPACITY DISMISSAL UNION OFFICIAL OR UNION OFFICE BEARER %MPLOYERS CAN ONLY BE REPRESENTED BY A LAWYER WHERE THE DISPUTE IS NOT A MISCONDUCT OR INCAPACITY DISMISSAL AN EMPLOYEE OF THE BUSINESS OR A REPRESENTATIVE FROM AN EMPLOYERSg ORGANISATION )N CASES INVOLVING DISMISSAL FOR MISCONDUCT OR INCAPACITY LAWYERS ARE NOT ALLOWED UNLESS THE COMMISSIONER SPECIFICALLY ALLOWS THIS ,EGAL !ID WILL ONLY BE GRANTED TO AN EMPLOYEE IN CASES WHERE THE ,2! ALLOWS FOR LAWYERS TO BE PRESENT AND CASES WHERE THE COMMISSIONER SPECIALLY ALLOWS LAWYERS 3EE PAGE !PPLYING FOR LEGAL AID
!2")42!4)/. !00%!,3 4HERE IS NO APPEAL AGAINST AN ARBITRATION AWARD "UT EITHER PARTY MAY REQUEST THE ,ABOUR #OURT TO REVIEW THE ARBITRATORgS DECISION IF THEY THINK s THE ARBITRATOR EXCEEDED HER OR HIS POWERS s THERE WAS SOMETHING LEGALLY WRONG IN THE PROCEEDINGS s THE ARBITRATOR DID NOT CONSIDER RELEVANT ISSUES IN ACCORDANCE WITH THE LAW 4HEY MUST ASK FOR A REVIEW WITHIN WEEKS OF RECEIVING THE ARBITRATION DECISION
!$*5$)#!4)/. "9 4(% ,!"/52 #/524 7(!4 )3 !$*5$)#!4)/. !DJUDICATION IS A FORMAL COURT JUDGMENT THAT IS LEGALLY BINDING ON ALL PARTIES 4HE ,ABOUR #OURTS ARE SET UP UNDER THE ,2! AND ARE BASED AT THE (IGH #OURT IN EACH PROVINCE 4HE ,ABOUR #OURT HAS THE SAME STATUS AS THE (IGH #OURT
(/7 4/ 2%&%2 ! #!3% &/2 !$*5$)#!4)/. )F A CASE GOES TO THE ,ABOUR #OURT FOR A COURT JUDGEMENT ADJUDICATION PHONE THE 2EGISTRAR OF THE NEAREST ,ABOUR #OURT TO GET THE NECESSARY REFERRAL FORMS 4HE JUDGE WILL HEAR EVIDENCE FROM BOTH SIDES AND MAKE A JUDGMENT
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$ %-0,/9%23 ). ! ,!"/52 #/524 #!3% %MPLOYEES AND EMPLOYERS ARE ENTITLED TO BE REPRESENTED BY A LAWYER IN ,ABOUR #OURT CASES ,EGAL !ID MAY BE GRANTED TO PAY FOR THE EMPLOYEEgS LAWYER 3EE PAGE !PPLYING FOR LEGAL AID
!$*5$)#!4)/. !00%!,3 ! ,ABOUR !PPEAL #OURT CAN HEAR APPEALS AND HAS THE SAME STATUS AS THE 3UPREME #OURT OF !PPEAL )F EITHER PARTY DOES NOT AGREE WITH THE DECISIONS OF THE ,ABOUR #OURT THEY CAN APPEAL TO THE ,ABOUR !PPEAL #OURT
4AKING INDUSTRIAL ACTION )NDUSTRIAL ACTION IS USED WHERE EMPLOYEES WANT NEW OR BETTER CONDITIONS AT THE WORKPLACE 3TAYAWAYS STRIKES WORK STOPPAGES GO SLOWS WORK TO RULE AND UNION BANS ON OVERTIME AND LOCK OUTS ARE ALL FORMS OF INDUSTRIAL ACTION )NDUSTRIAL ACTION CAN BE PROTECTED LEGAL OR UNPROTECTED 0ROTECTED INDUSTRIAL ACTION COMPLIES WITH THE RULES AND PROCEDURES SET OUT IN THE ,ABOUR 2ELATIONS !CT ,2! )F THE INDUSTRIAL ACTION COMPLIES WITH THE LAW THEN EMPLOYEES MAY NOT BE DISMISSED BY THEIR EMPLOYER FOR TAKING SUCH ACTION 5NPROTECTED INDUSTRIAL ACTION DOES NOT COMPLY WITH THE RULES AND PROCEDURES SET OUT IN THE ,2! 4HE COURTS ARE NOT SYMPATHETIC TOWARDS EMPLOYEES WHO GO ON AN UNPROTECTED STRIKE )F AN EMPLOYER DISMISSES EMPLOYEES WHO GO ON AN UNPROTECTED STRIKE IT IS NOT LIKELY THAT THE COURT WILL HELP THESE EMPLOYEES
7(%. )3 ).$5342)!, !#4)/. ./4 0%2-)44%$ )NDUSTRIAL ACTION IS NOT PERMITTED WHEN s THE EMPLOYERS AND EMPLOYEES HAVE ENTERED INTO A COLLECTIVE AGREEMENT WHICH PROHIBITS STRIKES OR LOCK OUTS AROUND THE ISSUE BEING DISPUTED s THE EMPLOYERS AND EMPLOYEES HAVE ENTERED INTO AN AGREEMENT WHICH REGULATES THE ISSUE BEING DISPUTED s THE LAW OR THE COLLECTIVE AGREEMENT SAYS THAT THE ISSUE BEING DISPUTED SHOULD BE RESOLVED THROUGH ARBITRATION OR THE ,ABOUR #OURT &OR EXAMPLE THE ,2! SAYS THAT UNFAIR DISMISSALS AND UNFAIR LABOUR PRACTICES MUST BE REFERRED TO ARBITRATION OR THE ,ABOUR #OURT %MPLOYEES CANNOT STRIKE OVER UNFAIR DISMISSAL OR UNFAIR LABOUR PRACTICES 3TRIKES OVER RETRENCHMENTS ARE LEGAL IF THE CORRECT CONSULTATION PROCESSES HAVE BEEN FOLLOWED s THERE HAS ALREADY BEEN ARBITRATION ABOUT THE ISSUE AND AN ARBITRATION DECISION WAS MADE WHICH REGULATES THE ISSUE s EMPLOYEES ARE EMPLOYED IN AN ESSENTIAL SERVICE OR A MAINTENANCE SERVICE !N ESSENTIAL SERVICE IS WHERE THE LIFE SAFETY OR HEALTH OF ANOTHER PERSON WILL BE ENDANGERED IF WORK IS INTERRUPTED TO GO ON STRIKE ! MAINTENANCE SERVICE IS WHERE MACHINERY OR THE FACTORY WILL BE DAMAGED IF WORK IS INTERRUPTED )N THESE CASES DISPUTES MUST GO TO ARBITRATION 0ARLIAMENT AND THE 3OUTH !FRICAN 0OLICE 3ERVICES ARE CLASSIFIED AS ESSENTIAL SERVICES IN THE ,2! 4HERE IS AN %SSENTIAL 3ERVICES #OMMISSION WHICH DECIDES WHICH OTHER EMPLOYEES PROVIDE AN ESSENTIAL OR MAINTENANCE SERVICE AND SO MAY NOT GO ON STRIKE !LTHOUGH EMPLOYEES IN ESSENTIAL SERVICES MAY NOT GO ON STRIKE THE ,2! PROVIDES OTHER WAYS FOR THEM TO RESOLVE DISPUTES )N MOST CASES WHERE THE PARTIES ARE UNABLE TO REACH AN AGREEMENT AROUND THEIR DISPUTE EITHER PARTY MAY REFER THE DISPUTE TO COMPULSORY ARBITRATION BY THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION OR THE RELEVANT "ARGAINING #OUNCIL
)N ALL OTHER CASES EMPLOYEES HAVE THE RIGHT TO STRIKE AND EVERY EMPLOYER HAS THE RIGHT TO LOCK OUT PROVIDED THEY FOLLOW THE CORRECT PROCEDURES FIRST 4HIS INCLUDES THE RIGHT TO STRIKE OVER WAGES AND CONDITIONS OF EMPLOYMENT AND TO STRIKE IN SOLIDARITY WITH OTHER LEGALLY STRIKING EMPLOYEES
7(!4 02/#%$52%3 -534 "% &/,,/7%$ "%&/2% ).$5342)!, !#4)/. )3 02/4%#4%$ s )F EMPLOYEES ARE PLANNING TO STRIKE IN SOLIDARITY WITH EMPLOYEES WHO ARE LEGALLY STRIKING A SECONDARY STRIKE THE EMPLOYEES MUST GIVE THEIR EMPLOYER DAYS NOTICE IN WRITING s )F THE EMPLOYEES ARE NOT PART OF A COLLECTIVE AGREEMENT WITH AN ALTERNATE DISPUTE RESOLUTION PROCEDURE THE DISPUTE MUST BE REFERRED TO THE ##-! OR THE RELEVANT "ARGAINING #OUNCIL AFTER THE OPPOSING PARTY HAS RECEIVED A COPY OF THE 2EFERRAL OF $ISPUTE &ORM ,2! )N ORDER FOR OTHER STRIKES OR LOCK OUTS ABOUT DISPUTES TO BE PROTECTED EMPLOYEES OR THE EMPLOYER MUST FOLLOW THESE STEPS s )F THE EMPLOYEES ARE PART OF A COLLECTIVE AGREEMENT WHICH HAS A DISPUTE RESOLUTION PROCEDURE THEN THAT PROCEDURE MUST BE FOLLOWED s /THERWISE THE DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! OR THE RELEVANT "ARGAINING #OUNCIL 4HE ##-! OR "ARGAINING #OUNCIL MUST TRY TO SETTLE THE DISPUTE WITHIN DAYS OF RECEIVING THE DISPUTE )F CONCILIATION IS SUCCESSFUL IT MEANS BOTH PARTIES ARE SATISFIED AND NO INDUSTRIAL ACTION WILL BE TAKEN s )F CONCILIATION WITHIN DAYS IS UNSUCCESSFUL THE PARTIES MUST WAIT UNTIL THE ##-! OR "ARGAINING #OUNCIL SENDS OR PROVIDES THEM A CERTIFICATE WHICH STATES THAT THE DISPUTE HAS NOT BEEN RESOLVED /NLY THEN CAN EITHER PARTY TAKE INDUSTRIAL ACTION s )N THE CASE OF A PROPOSED STRIKE THE EMPLOYEES MUST GIVE THE EMPLOYER AT LEAST HOURSg WRITTEN NOTICE THAT THEY INTEND TO TAKE INDUSTRIAL ACTION )F THE EMPLOYER IS THE STATE THE EMPLOYEES MUST GIVE AT LEAST DAYSg NOTICE 4HIS NOTICE MUST BE SPECIFIC ABOUT THE TIME OF THE STRIKE AND WHAT FORM THE STRIKE WILL TAKE s )N THE CASE OF A PROPOSED LOCK OUT THE EMPLOYER MUST GIVE THE EMPLOYEES AT LEAST HOURS WRITTEN NOTICE THAT IT INTENDS TO LOCK THE EMPLOYEES OUT )F THE EMPLOYER LOCKS EMPLOYEES OUT WITHOUT FOLLOWING THE PROCEDURES THE EMPLOYEES CAN IMMEDIATELY GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES )F EMPLOYEES GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES THE EMPLOYER DOES NOT HAVE TO FOLLOW PROCEDURES TO LOCK THEM OUT 7HERE THE EMPLOYER ILLEGALLY LOCKS OUT THE EMPLOYEES A CLAIM MUST BE MADE AGAINST THE EMPLOYER BECAUSE OF THIS ILLEGAL LOCKOUT
)& !. %-0,/9%2 5.),!4%2!,,9 #(!.'%3 #/.$)4)/.3 /& %-0,/9-%.4 )F AN EMPLOYER MAKES CHANGES TO EMPLOYEESg CONDITIONS OF EMPLOYMENT WITHOUT NEGOTIATING WITH EMPLOYEES EMPLOYEES CAN REFER A DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL 4HEY CAN THEN GIVE THE EMPLOYER HOURS NOTICE TO RESTORE THE STATUS QUO TO TAKE THINGS BACK TO WHAT THEY WERE FAILING WHICH THEY CAN GO ON STRIKE 7HEN REFERRING THE DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL AND GIVING NOTICE TO THE EMPLOYER EMPLOYEES CAN DEMAND s THAT THE EMPLOYER NOT IMPLEMENT THE CHANGES IF THE EMPLOYER STILL PLANS TO CHANGE THEIR CONDITIONS /2 s THAT THE EMPLOYER RESTORE THEIR ORIGINAL CONDITIONS OF EMPLOYMENT IF THE EMPLOYER HAS ALREADY CHANGED THEIR CONDITIONS
4HE EMPLOYEES CAN DEMAND THAT THE CHANGES MUST BE DELAYED s UNTIL CONCILIATION HAS TAKEN PLACE /2 s IF NO CONCILIATION TAKES PLACE UNTIL DAYS HAVE PASSED SINCE THE REFERRAL WAS RECEIVED BY THE ##-! OR #OUNCIL 4HE EMPLOYER MUST COMPLY WITH THE DEMAND WITHIN HOURS FROM THE TIME IT RECEIVES THE NOTICE FAILING WHICH THE STRIKE CAN BEGIN AND THE EMPLOYEES WILL BE PROTECTED
%-0,/9%%3g !.$ %-0,/9%2g3 2)'(43 ). 02/4%#4%$ ).$5342)!, !#4)/. s 0ROTECTED INDUSTRIAL ACTION CANNOT BE STOPPED BY A COURT ORDER "UT AN EMPLOYER CAN ASK THE ,ABOUR #OURT TO STOP A SOLIDARITY OR @SECONDARY STRIKE IF IT IS UNRELATED TO THE @PRIMARY FIRST INDUSTRIAL ACTION s 4HE EMPLOYER MAY NOT DISCIPLINE VICTIMISE INTIMIDATE OR DISMISS EMPLOYEES WHO TAKE PROTECTED INDUSTRIAL ACTION OR WHO ARE BEING LOCKED OUT NOR THOSE WHO REFUSE TO DO THE WORK OF ANOTHER EMPLOYEE WHO IS ON A PROTECTED STRIKE s 4HE EMPLOYER CAN DISMISS OR TAKE DISCIPLINARY ACTION AGAINST EMPLOYEES FOR MISCONDUCT WHILE TAKING INDUSTRIAL ACTION FOR EXAMPLE FOR VIOLENCE OR IF THEY VANDALISE THE EMPLOYERgS PROPERTY s 4HE EMPLOYER CANNOT CLAIM DAMAGES FOR LOST PRODUCTION DURING THE PROTECTED INDUSTRIAL ACTION 4HE EMPLOYER CAN CLAIM DAMAGES IF THE INDUSTRIAL ACTION IS UNPROTECTED s 4HE EMPLOYER DOES NOT HAVE TO PAY EMPLOYEES WHILE THEY ARE ON STRIKE OR LEGALLY BEING LOCKED OUT "UT EMPLOYEES WHO RECEIVE PAYMENT IN KIND THINGS LIKE HOUSING ELECTRICITY WATER OR FOOD INSTEAD OF MONEY CAN ASK THE EMPLOYER TO GIVE THEM THIS PART OF THEIR PAY AND THE EMPLOYER CANNOT REFUSE 7HEN THE STRIKE OR LOCK OUT IS OVER THE EMPLOYER CAN CLAIM THE VALUE OF THE PAYMENT IN KIND MADE DURING THE STRIKE OR LOCK OUT BACK FROM THE EMPLOYEES 4HIS MUST BE DONE THROUGH THE ,ABOUR #OURT 4HE MONEY CANNOT BE DEDUCTED FROM THE EMPLOYEESg PAY WITHOUT A COURT ORDER OR THE EMPLOYEESg PERMISSION s !N EMPLOYER IS ENTITLED TO RECRUIT TEMPORARY LABOUR WHILE EMPLOYEES ARE ON STRIKE OR WHEN THE EMPLOYEES ARE LOCKED OUT BY THE EMPLOYER BEFORE THE EMPLOYEES GO ON STRIKE )F THE EMPLOYER LOCKS OUT EMPLOYEES WHO HAVE ALREADY STARTED A STRIKE THEN THE EMPLOYER CAN USE STRIKE BREAKERS TO REPLACE THE STRIKERS FOR THE PERIOD OF THE STRIKE s )N EXCEPTIONAL CIRCUMSTANCES THE EMPLOYER CAN RETRENCH EMPLOYEES ON STRIKE 4HE EMPLOYER MUST FOLLOW THE PROCEDURES FOR RETRENCHMENT )F THE EMPLOYER THEN EMPLOYS OTHER EMPLOYEES IN PLACE OF THE RETRENCHED EMPLOYEES THE EMPLOYEES CAN TAKE THE DISPUTE TO THE ,ABOUR #OURT WHERE THE LOCKOUT IS IN RESPONSE TO A STRIKE )F THE EMPLOYER DID THE LOCKOUT FIRST THEN HESHE CANNOT EMPLOY TEMPORARY REPLACEMENT LABOUR
42!$% 5.)/.3 %MPLOYEES CAN ORGANISE THEMSELVES INTO EMPLOYEE ORGANISATIONS CALLED TRADE UNIONS ! TRADE UNION IS CONTROLLED RUN AND PAID FOR BY ITS MEMBERS /RGANISED EMPLOYEES IN FACTORIES ELECT SHOP STEWARDS AND COMMITTEES TO REPRESENT THEM AND REPORT BACK TO THEM IN THE WORKPLACE 4HE SHOP STEWARDS AND EMPLOYEES DISCUSS THE PROBLEMS IN THE WORKPLACE AND THE SHOP STEWARDS TAKE THE EMPLOYEESg PROBLEMS TO THE MANAGEMENT
7(!4 !2% 4(% !)-3 /& 42!$% 5.)/.3 s 4O NEGOTIATE WITH EMPLOYERS FOR PROPER WORKING CONDITIONS n FOR DECENT WAGES AND CONDITIONS OF WORK n FOR RECOGNITION BY THE EMPLOYER OF THE UNIONS AND SHOP STEWARDS IN THE WORKPLACE
s 4O PROTECT EMPLOYEES n FROM UNFAIR DISMISSAL AND UNFAIR LABOUR PRACTICES n FROM DISCRIMINATION AND ABUSE s 4O EDUCATE EMPLOYEES n ON THEIR RIGHTS AND HOW TO ENFORCE THESE RIGHTS n ON HOW TO CARRY OUT THEIR TASKS IN THE TRADE UNION s 4O REPRESENT EMPLOYEES n TO THE EMPLOYERS AND OTHER AUTHORITIES n TO GET BENElTS s 4O TAKE LEGAL ACTION WHEN NECESSARY
0!9).' &/2 4(% 5.)/. n 35"3#2)04)/.3 7HEN AN EMPLOYEE JOINS A UNION HE OR SHE WILL BE ASKED TO PAY A SUBSCRIPTION FEE EVERY MONTH TO BECOME A MEMBER 4HESE FEES ARE ALSO CALLED gSUBSg 4HE UNION USES THE @SUBS PAY FOR ITS EXPENSES SUCH AS SALARIES FOR UNION STAFF OFFICE RENTAL TRANSPORT FOR UNION STAFF ETC
4(% 2)'(4 /& %-0,/9%%3 4/ &/2- */). !.$ 4!+% 0!24 ). 42!$% 5.)/.3 4HE #ONSTITUTION AND THE ,ABOUR 2ELATIONS !CT SAY THAT EMPLOYEES HAVE THE RIGHT TO FORM AND JOIN TRADE UNIONS 4HIS RIGHT IS CALLED FREEDOM OF ASSOCIATION %MPLOYERS ARE NOT ALLOWED TO MAKE IT A CONDITION OF EMPLOYMENT THAT AN EMPLOYEE MUST OR MUST NOT BELONG TO A TRADE UNION )T IS THE EMPLOYEEgS CHOICE !N EMPLOYEE ALSO CANNOT BE VICTIMISED BECAUSE HE OR SHE IS A MEMBER OF A TRADE UNION 4HIS MEANS THE EMPLOYER CANNOT TREAT THE EMPLOYEE UNFAIRLY OR BADLY BECAUSE THE EMPLOYEE IS A TRADE UNION MEMBER
42!$% 5.)/. 2)'(43 ). 4(% 7/2+0,!#% ! REGISTERED UNION THAT HAS LESS THAN MEMBERSHIP OF THE WORKFORCE BUT WHICH IS SUFFICIENTLY REPRESENTATIVE AROUND OF MEMBERSHIP OF THE WORKFORCE AS MEMBERS CAN APPLY FOR THESE RIGHTS s !CCESS TO THE WORKPLACE FOR UNION OFFICE BEARERS AND OFFICIALS TO HOLD MEETINGS ETC s 4O BALLOT ITS MEMBERS s 4O PROVIDE STOP ORDER FACILITIES FOR THE DEDUCTION OF @SUBS OR TRADE UNION SUBSCRIPTIONS s &OR EMPLOYEES WHO ARE MEMBERS TO GET LEAVE FOR TRADE UNION ACTIVITIES 4HIS PERCENTAGE OF MEMBERSHIP IS REGARDED AS BEING @SUFFICIENTLY REPRESENTATIVE ! REGISTERED UNION THAT HAS A MAJORITY MORE THAN OF THE EMPLOYEES AS MEMBERS AT A WORKPLACE CAN APPLY FOR THE ABOVE RIGHTS AS WELL AS THE FOLLOWING s ELECTION OF SHOP STEWARDS EMPLOYEE REPRESENTATIVES s DISCLOSURE OF INFORMATION THE EMPLOYER MUST GIVE THE UNION ANY INFORMATION THAT IS RELEVANT FOR MEETINGS AND NEGOTIATIONS 4HE UNION APPLIES TO THE EMPLOYER FOR THESE RIGHTS 7ITHIN DAYS THE EMPLOYER MUST MEET THE UNION 4HEY MAKE A COLLECTIVE AGREEMENT ABOUT THESE RIGHTS 4HE UNION CAN ASK THE ##-! TO INTERVENE IF THE EMPLOYER REFUSES 4HE ##-! WILL TRY TO MEDIATE AND IF THAT FAILS WILL ARBITRATE 5NIONS THAT BELONG TO "ARGAINING #OUNCILS OR 3TATUTORY #OUNCILS AUTOMATICALLY HAVE THESE RIGHTS EVEN IF THEY DONgT HAVE MANY MEMBERS AT A WORKPLACE
3OCIAL WELFARE AND BENEFITS IN THE WORKPLACE 5.%-0,/9-%.4 ).352!.#% &5.$ 4HE GOVERNMENT HAS ESTABLISHED THE 5NEMPLOYMENT )NSURANCE &UND 5)& WITH THE AIM OF PROVIDING SHORT TERM RELIEF TO EMPLOYEES WHEN THEY BECOME UNEMPLOYED OR ARE UNABLE TO WORK BECAUSE OF ILLNESS MATERNITY OR ADOPTION LEAVE AND ALSO TO PROVIDE RELIEF TO THE DEPENDANTS OF A CONTRIBUTOR WHO HAS DIED )F AN EMPLOYEE BECOMES UNEMPLOYED THE 5)& WILL PAY THE EMPLOYEE FOR A MAXIMUM PERIOD OF MONTHS WHILE THAT EMPLOYEE IS UNEMPLOYED %MPLOYEES COMPANIES AND THE STATE CONTRIBUTE TO THIS FUND 4HERE ARE FIVE KINDS OF BENEFITS COVERED BY 5)& s UNEMPLOYMENT BENEFITS s SICK BENEFITS s MATERNITY BENEFITS s ADOPTION BENEFITS s DEPENDANTgS BENEFITS &OR MORE INFORMATION ON THE 5)& LOOK UP THE $EPARTMENT OF ,ABOUR WEBSITE WWWLABOURGOVZA
7(/ )3 ! #/.42)"54/2 4/ 4(% 5)& !LL EMPLOYEES THAT WORK FOR MORE THAN HOURS PER MONTH MUST CONTRIBUTE TO THE &UND )T IS ILLEGAL FOR EMPLOYERS NOT TO MAKE THE DEDUCTIONS FROM THE EMPLOYEES EARNINGS %VEN PEOPLE EARNING HIGH SALARIES UNLESS THEY ARE EARNING COMMISSION ONLY MUST CONTRIBUTE TO THE &UND REGARDLESS OF HOW MUCH THEY EARN 4HE &UND SETS A CEILING AMOUNT OF 2 PER YEAR OR 2 PER MONTH OR 2 PER WEEK !NY EMPLOYEE WHO EARNS ABOVE THIS THRESHOLD WILL ONLY CONTRIBUTE UP TO THIS AMOUNT )F THEY BECOME UNEMPLOYED THEY WILL RECEIVE BENEFITS AT THE LEVEL OF THE CEILING %8!-0,% 6ERNON IS A COMPANY ADMINISTRATOR AND HE EARNS 2 PER MONTH 4HE CURRENT THRESHOLD FOR 5)& IS 2 PER MONTH SO 6ERNON WILL PAY OF 2 AND THE COMPANY WILL PAY OF 2 EVERY MONTH ON HIS BEHALF TO THE 5)& )F 6ERNON BECOMES ILL AND WANTS TO CLAIM )LLNESS "ENEFITS THE 5)& WILL ONLY PAY HIM A PERCENTAGE OF 2 NOT OF HIS CURRENT SALARY OF 2 4HE ACTUAL AMOUNT HE WILL BE PAID WILL DEPEND ON THE NUMBER OF DAYS HE HAS BEEN CONTRIBUTING TO THE &UND
7(/ )3 ./4 #/6%2%$ "9 5)& #ERTAIN EMPLOYEES DO NOT CONTRIBUTE TO THE &UND AND THEY THEREFORE CANNOT CLAIM FROM THE &UND IF THEY ARE UNEMPLOYED 4HE FOLLOWING PEOPLE ARE NOT COVERED BY 5)& s EMPLOYEES WHO WORK LESS THAN HOURS PER MONTH OR HOURS PER WEEK s SEASONAL EMPLOYEES s EMPLOYEES WHO RECEIVE PAYMENT UNDER A LEARNERSHIP AGREEMENT NEGOTIATED UNDER THE 3KILLS $EVELOPMENT !CT .O OF s GOVERNMENT EMPLOYEES PUBLIC SERVANTS s PEOPLE WHOSE EARNINGS ARE CALCULATED ON A COMMISSION BASIS s FOREIGN CONTRACT EMPLOYEES UNLESS THEY HAVE PERMANENT RESIDENCE 3EE PAGE )MMIGRANTS AND MIGRANTS
(/7 $/ %-0,/9%%3 "%#/-% #/.42)"54/23 4/ 5)& )N TERMS OF THE !CT ALL EMPLOYERS HAVE TO BECOME REGISTERED WITH THE 5)& AND MAKE A DECLARATION OF ALL THEIR EMPLOYEES TO THE 5)& 7HENEVER THERE IS A CHANGE OF STAFF FOR EXAMPLE NEW APPOINTMENTS MADE OR CONTRACTS TERMINATED EMPLOYERS MUST INFORM THE 5)& OF THESE CHANGES 3O THERE ARE TWO VERY IMPORTANT THINGS AN EMPLOYER MUST DO WHEN EMPLOYING AN EMPLOYEE s 3END DETAILS OF THE EMPLOYEE TO THE 5)& s $EDUCT 5)& CONTRIBUTIONS FROM THE EMPLOYEES WAGE AND SEND THESE PLUS THE EMPLOYERS OWN CONTRIBUTIONS TO 3!23 OR THE 5)& IF NOT REGISTERED WITH 3!23 FOR 0!9% 3EE PAGE 0ROBLEM %MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5)&
(/7 -5#( $/ %-0,/9%%3 #/.42)"54% 4/ 4(% &5.$ %VERY WEEK OR MONTH IF THE EMPLOYEE IS MONTHLY PAID THE EMPLOYER DEDUCTS OF EACH EMPLOYEES WAGES FOR 5)& 4HIS WORKS OUT TO C FOR EVERY 2 THE EMPLOYEE EARNS 4HE EMPLOYER ALSO PAYS OF THE EMPLOYEES WAGE 3O FOR EVERY CENT THE EMPLOYEE PAYS TO 5)& THE EMPLOYER PAYS THE SAME 4HE COMPANY THEN SENDS ALL THESE CONTRIBUTIONS TO THE 3OUTH !FRICAN 2EVENUE 3ERVICES 3!23 IF THE COMPANY IS REGISTERED WITH 3!23 FOR TAX PURPOSES 0!9% OR FOR 3KILLS $EVELOPMENT ,EVIES 3$, 4HE 5NEMPLOYMENT )NSURANCE #ONTRIBUTORS !CT SAYS ALL EMPLOYERS HAVE TO SUBMIT THEIR 5)& PAYMENTS TOGETHER WITH THEIR PAYMENTS OF 0!9% AND 3$, BEFORE THE TH OF EACH MONTH 4HIS IS ALL WRITTEN ON ONE FORM CALLED THE %-0 RETURN FORM THE FORM USED TO SUBMIT RETURNS TO 3!23 3EE PAGE 3MALL "USINESS ,AW 5)& 7HERE EMPLOYERS ARE NOT REQUIRED TO REGISTER WITH 3!23 FOR 0!9% OR 3$, PURPOSES THEY MUST PAY THE 5)& CONTRIBUTIONS TO THE 5NEMPLOYMENT )NSURANCE &UND USING THE 5& RETURN FORM
(/7 -5#( $/ 0%/0,% '%4 0!)$ 7(%. !00,9).' &/2 "%.%&)43 )N THE CASE OF UNEMPLOYMENT ILLNESS ADOPTION AND DEPENDENTS BENEFITS BENEFITS WILL BE PAID FOR A MAXIMUM OF DAYS WEEKS OR FOR THE NUMBER OF DAYS CREDITS THAT THE PERSON HAS BUILT UP DURING THE YEARS LEADING UP TO THE APPLICATION FOR BENEFITS #REDITS ARE GIVEN TO EMPLOYEES AS THEY WORK AND CONTRIBUTE TO THE &UND %MPLOYEES CAN EARN CREDITS IN THE FOLLOWING WAY FOR EVERY DAYS THAT AN EMPLOYEE WORKS AND CONTRIBUTES TO THE &UND THEY RECEIVE DAYS CREDIT 3O TO QUALIFY FOR THE FULL DAYS CREDITS THE EMPLOYEE MUST WORK AND HAVE BEEN CONTRIBUTING TO THE &UND FOR AT LEAST YEARS )N THE CASE OF MATERNITY BENEFITS A TOTAL OF DAYS WILL BE PAID IF THERE ARE ENOUGH CREDITS AVAILABLE 4HE EMPLOYEE IS REGARDED AS HAVING CONTRIBUTED TO THE &UND FROM THE FIRST DAY OF EMPLOYMENT TO THE DAY THAT THE SERVICES ARE TERMINATED ! NOTICE PERIOD WORKED BEFORE TERMINATION OF SERVICE IS ALSO REGARDED AS A PERIOD EMPLOYED 4HE RATE AT WHICH BENEFITS ARE PAID SHIFTS FROM FOR HIGHLY PAID EMPLOYEES TO FOR LOWEST PAID EMPLOYEES
7(%. )3 ! #/.42)"54/2 ./4 %.4)4,%$ 4/ 2%#%)6% "%.%&)43 !N EMPLOYEE WHO HAS BEEN A CONTRIBUTOR TO THE &UND IS NOT ENTITLED TO RECEIVE BENEFITS IF THE CONTRIBUTOR s IS RECEIVING A MONTHLY STATE PENSION s IS RECEIVING PAYMENT FROM THE #OMPENSATION &UND FOR ILLNESSES OR INJURIES THAT CAUSED THE TEMPORARY OR TOTAL UNEMPLOYMENT OF THE CONTRIBUTOR
s IS RECEIVING BENEFITS FROM ANY OTHER SCHEME ESTABLISHED BY THE ,ABOUR 2ELATIONS !CT s FAILS TO COMPLY WITH THE PROVISIONS OF THE LAW s HAS BEEN CAUGHT WORKING AND COLLECTING BENEFITS OR HAS COMMITTED FRAUD
490%3 /& 5)& "%.%&)43 5)& PAYS FIVE KINDS OF BENEFITS s 5NEMPLOYMENT BENEFITS s )LLNESS BENEFITS s -ATERNITY BENEFITS s !DOPTION BENEFITS s $EPENDANTS BENEFITS
5.%-0,/9-%.4 "%.%&)43 4HESE BENEFITS ARE FOR EMPLOYEES WHO LOSE THEIR JOBS BECAUSE THEY HAVE BEEN DISMISSED OR RETRENCHED OR WHEN THE EMPLOYEESg CONTRACT EXPIRES )F AN EMPLOYEE RESIGNS FROM THE JOB THEN THEY WILL NOT QUALIFY FOR BENEFITS UNLESS THE EMPLOYEE CAN PROVE IT WAS A CONSTRUCTIVE DISMISSAL 4O GET UNEMPLOYMENT BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HIS OR HER SALARY FOR 5)& EVERY MONTH s THE CLAIM MUST BE MADE WITHIN MONTHS OF BECOMING UNEMPLOYED s THE CLAIM MUST BE MADE ON THE PROPER FORM s THE EMPLOYEE HAS BEEN UNEMPLOYED FOR MORE THAN DAYS s THE SERVICES OF THE EMPLOYEE WERE TERMINATED DISMISSAL OR RETRENCHMENT BY THE EMPLOYER AND THE EMPLOYEE DID NOT RESIGN UNLESS THEY CAN PROVE IT WAS CONSTRUCTIVE DISMISSAL s THE EMPLOYEE IS REGISTERED AS A WORK SEEKER IN TERMS OF THE 3KILLS $EVELOPMENT !CT THE EMPLOYEE MUST BE CAPABLE OF AND AVAILABLE FOR WORK "ENEFITS WILL BE PAID FOR A MAXIMUM OF DAYS WEEKS OR FOR THE NUMBER OF DAYS CREDITS THAT THE PERSON HAS BUILT UP DURING THE YEARS LEADING UP TO THE APPLICATION FOR BENEFITS 4HE EMPLOYEE MUST REPORT AT TIMES AND AT PLACES THAT THE CLAIMS OFFICER DETERMINES IN ORDER TO SIGN THE UNEMPLOYMENT REGISTER AND HESHE MUST UNDERGO TRAINING AND VOCATIONAL COUNSELLING IF THE CLAIMS OFFICER TELLS HIM OR HER TO DO THIS )F THE CONTRIBUTOR REFUSES TO DO THIS WITHOUT A GOOD REASON HESHE WILL NOT BE ENTITLED TO BENEFITS %MPLOYEES WHO LEAVE TO GO AND STUDY OR TO GO ON PENSION CANNOT CLAIM 5)& BECAUSE THEY ARE NOT AVAILABLE FOR WORK %MPLOYEES WHO GO ON A COMPANY "ARGAINING #OUNCIL OR CIVIL PENSION CAN CLAIM 5)& AS LONG AS THEY SAY THEY ARE STILL AVAILABLE ABLE AND WILLING TO WORK
),,.%33 "%.%&)43 %MPLOYEES CAN CLAIM ILLNESS BENEFITS IF THEY ARE OFF WORK BECAUSE OF ILLNESS FOR MORE THAN TWO WEEKS "ENEFITS ARE PAID FROM THE DATE ON WHICH THE EMPLOYEE STOPPED WORKING BECAUSE OF ILLNESS 4O GET ILLNESS BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HIS OR HER SALARY FOR 5)& EVERY MONTH s THE EMPLOYEE MUST HAVE BEEN SICK FOR MORE THAN DAYS s THE CLAIM MUST BE MADE WITHIN MONTHS OF THE ILLNESS s THE CLAIM MUST BE MADE ON THE PROPER FORM WHICH INCLUDES COMPLETING A MEDICAL CERTIFICATE BY THE DOCTOR OR RECOGNISED HOMEOPATH ! MEDICAL CERTIFICATE MUST BE COMPLETED FOR EACH PERIOD OF ILLNESS THAT IS PAID
)F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE PERIOD OF ILLNESS THEN THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO "ENEFITS CAN BE PAID UP TO MAXIMUM OF DAYS IN ANY PERIOD OF YEARS DEPENDING ON THE NUMBER OF CREDITS AN EMPLOYEE HAS EARNED
-!4%2.)49 "%.%&)43 -ATERNITY BENEFITS CAN BE PAID TO A CONTRIBUTOR WHO IS PREGNANT 3ECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT SAYS A PREGNANT WOMAN CAN TAKE MATERNITY LEAVE AT ANY TIME FROM WEEKS BEFORE THE EXPECTED DATE OF BIRTH AND SHE MAY NOT WORK FOR SIX WEEKS AFTER THE BIRTH "ENEFITS CAN BE PAID TO A MAXIMUM OF DAYS OR WEEKS IN ANY PERIOD OF YEARS )F AN EMPLOYEE HAS APPLIED FOR MATERNITY BENEFITS THIS DOES NOT AFFECT HER RIGHT TO CLAIM UNEMPLOYMENT BENEFITS 4O GET MATERNITY BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HER SALARY FOR 5)& EVERY MONTH s THE CLAIM MUST BE MADE WITHIN WEEKS OF CONFINEMENT OR WITHIN MONTHS OF THE BIRTH OF THE CHILD s THE CLAIM MUST BE MADE ON THE PROPER FORM )F THERE IS A MISCARRIAGE OR A STILLBORN CHILD THEN BENEFITS ARE PAID FOR A MAXIMUM OF WEEKS AFTER THE MISCARRIAGESTILLBIRTH )F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE MATERNITY PERIOD THEN THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
!$/04)/. "%.%&)43 ! PERSON WHO LEGALLY ADOPTS A CHILD LESS THAN YEARS OLD AND WHO LEAVES WORK TO LOOK AFTER THAT CHILD CAN NOW CLAIM ADOPTION BENEFITS FROM THE &UND FROM THE DATE OF ADOPTION /NLY ONE OF THE ADOPTING PARENTS CAN APPLY FOR BENEFITS "ENEFITS ARE PAID FROM THE DATE ON WHICH THE #OURT GRANTS AN ORDER FOR ADOPTION 4O GET ADOPTION BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED FROM HIS HER SALARY FOR 5)& EVERY MONTH s THE CHILD MUST BE ADOPTED IN TERMS OF THE #HILD #ARE !CT OF s THE PERIOD NOT WORKING MUST BE SPENT CARING FOR THE CHILD s THE ADOPTED CHILD MUST BE BELOW YEARS OLD s THE CLAIM FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE ORDER OF ADOPTION BEING ISSUED s THE CLAIM MUST BE MADE ON THE PROPER FORM )F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE ADOPTION PERIOD THEN THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
$%0%.$!.4g3 "%.%&)43 )F AN EMPLOYEE DIES WHILE WORKING THE DEPENDANTS CAN CLAIM DEPENDANTS BENEFITS FROM THE &UND ! DEPENDANT CAN BE s THE EMPLOYEES WIFEHUSBAND s ANY DEPENDANT CHILD UNDER YEARS IF THERE IS NO SURVIVING SPOUSE HUSBAND OR WIFE
4O GET DEPENDANTS BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS s THE EMPLOYEE MUST HAVE BEEN CONTRIBUTING TO THE &UND AND MONEY MUST HAVE BEEN DEDUCTED FROM HISHER SALARY FOR 5)& EVERY MONTH s THE CLAIM FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE DEATH OF THE EMPLOYEE s THE CLAIM MUST BE MADE ON THE PROPER FORM )F THE SURVIVING SPOUSE HUSBAND OR WIFE DOES NOT MAKE A CLAIM WITHIN MONTHS THEN A DEPENDANT CHILD CAN APPLY FOR THE BENEFITS PROVIDED THAT THE CLAIM IS MADE WITHIN DAYS AFTER THE MONTHS HAS EXPIRED DURING WHICH THE SPOUSE SHOULD HAVE APPLIED "ENEFITS CAN BE PAID UP TO MAXIMUM OF DAYS IN ANY PERIOD OF YEARS DEPENDING ON THE NUMBER OF CREDITS AN EMPLOYEE HAS EARNED 4HE BENEFITS THAT ARE PAID ARE EQUAL TO THE UNEMPLOYMENT BENEFITS THAT WOULD HAVE BEEN PAID IF THE PERSON WAS STILL ALIVE
(/7 $/ %-0,/9%%3 #,!)- 5)& "%.%&)43 #,!)-).' 5.%-0,/9-%.4 "%.%&)43 2EGISTER FOR 5)& DAYS AFTER BECOMING UNEMPLOYED AT A LABOUR CENTRE CLOSEST TO WHERE THE EMPLOYEE LIVES 3IGN THE UNEMPLOYMENT REGISTER THIS IS CALLED gSIGNING ONg 5SUALLY YOU MUST SIGN THIS REGISTER AT THE LABOUR CENTRE EVERY WEEKS OR WHENEVER TOLD TO DO SO BY THE 5)& CLERK )F YOU MISS SIGNING THE BENEFITS COULD BE DELAYED FOR A LONG TIME AS YOU WILL HAVE TO RE REGISTER )F YOU ARE ILL ON ONE OF THE SIGNING DATES YOU MUST BRING A DOCTORS LETTER THE NEXT TIME 3EE PAGE 0ROBLEM &AILING TO SIGN THE UNEMPLOYMENT REGISTER 9OU MUST SAY THAT YOU ARE AVAILABLE TO WORK OR ELSE BENEFITS WILL NOT BE PAID OUT )F YOU ARE OFFERED WORK THEN YOU MUST BE AVAILABLE TO WORK 3OMETIMES EMPLOYEES ARE TOLD TO GO TO DIFFERENT COMPANIES AND TO ASK FOR WORK 4HEY GET A FORM THAT THE COMPANIES MUST FILL IN AND SIGN SHOWING THAT THEY HAVE NO JOBS AVAILABLE 9OU SHOULD START GETTING MONEY WITHIN WEEKS AFTER APPLYING FOR BENEFITS !FTER THAT YOU SHOULD GET MONEY EVERY WEEKS OR SO UNTIL ALL THE BENEFITS ARE USED UP /NLY THE EMPLOYEE WHO HAS APPLIED FOR BENEFITS CAN COLLECT THE MONEY FROM THE LABOUR CENTRE 7HEN YOU GO TO COLLECT YOUR BENEFITS YOU MUST TAKE YOUR )$ BOOK WITH YOU 3EE PAGE 0ROBLEM !PPLICATION FOR 5)& BENEFITS IS TOO LATE
#,!)-).' ),,.%33 "%.%&)43 !N EMPLOYEE WILL NOT GET ILLNESS BENEFITS s IF THE CLAIMS OFFICER DECIDES THAT THE EMPLOYEEgS ILLNESS ARISES FROM HISHER OWN MISCONDUCT s FOR AS LONG AS THE EMPLOYEE UNREASONABLY REFUSES OR NEGLECTS TO UNDERGO TREATMENT OR TO CARRY OUT THE DOCTORgS INSTRUCTIONS 4HE CLAIMS OFFICER DECIDES WHETHER THE EMPLOYEEgS REFUSAL OR NEGLECT IS UNREASONABLE 4O APPLY FOR ILLNESS BENEFITS YOU MUST REGISTER AT THE LABOUR CENTRE CLOSEST TO WHERE YOU LIVE )F YOU ARE TOO ILL TO GO TO THE 5)& OFFICE A FRIEND OR FAMILY MEMBER CAN BRING YOU THE FORM TO SIGN 3EE PAGE )LLNESS BENEFITS )LLNESS BENEFITS ARE CLAIMED ON &/2- 5& 4HE DOCTOR WHO IS TREATING YOU MUST COMPLETE PARAGRAPH OF THIS FORM 4HIS IS A MEDICAL CERTIFICATE 4HE REST OF THE FORM IS COMPLETED BY PEOPLE WORKING AT THE LABOUR CENTRE )F YOU ARE ALSO UNEMPLOYED IN OTHER WORDS YOU HAVE ALSO LOST YOUR JOB YOU MUST TELL THE CLAIMS OFFICER THAT YOU ARE UNEMPLOYED "UT IF YOU STILL HAVE A JOB AND ARE ON UNPAID SICK LEAVE THEN YOU ONLY NEED &/2- 5&
/NCE THE APPLICATION FOR ILLNESS BENEFITS IS APPROVED THE LABOUR CENTRE WILL POST &/2- 5& TO YOU 4HIS FORM MUST BE SIGNED BY THE DOCTOR AS SOON AS POSSIBLE 9OU THEN FILL IN THE REST OF THE FORM AND RETURN IT TO THEM .O ILLNESS BENEFITS WILL BE PAID UNTIL YOU HAVE RETURNED THE COMPLETED &/2- 5& 9OU WILL ONLY BE PAID FOR THE PERIOD THE DOCTOR PUTS YOU OFF WORK )F YOU ARE DISMISSED WHEN YOU ARE ILL AND THE DOCTOR HAS LAID YOU OFF FOR LESS THAN MONTHS THE BALANCE CAN BE CLAIMED AS UNEMPLOYMENT BENEFITS )LLNESS BENEFITS ARE NOT PAID FOR THE FIRST WEEKS OFF WORK "UT IF THE ILLNESS LASTS LONGER THAN WEEKS AND ILLNESS BENEFITS ARE PAID THEN YOU WILL RECEIVE BENEFITS FOR ANY PERIOD IN THE FIRST WEEKS FOR WHICH YOU DID NOT GET NORMAL WAGES )LLNESS BENEFITS ARE USUALLY PAID IN ONE LUMP SUM 4HE AMOUNT CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION )F YOU ARE TOO SICK TO COLLECT THE PAYMENT SOMEONE ELSE CAN COLLECT IT ON YOUR BEHALF
#,!)-).' -!4%2.)49 "%.%&)43 %MPLOYEES APPLY FOR MATERNITY BENEFITS IN THE SAME WAY AS FOR ILLNESS BENEFITS )F YOU ARE PREGNANT AND WANT TO APPLY FOR MATERNITY BENEFITS YOU MUST GO TO THE NEAREST LABOUR CENTRE YOURSELF AND MAKE THE APPLICATION )F YOU ARE TOO ILL YOU CAN ORGANISE FOR SOMEONE ELSE TO GO IN YOUR PLACE 7HEN YOU REGISTER FOR MATERNITY BENEFITS YOU WILL GET &/2- 5& 4HIS FORM MUST BE FILLED IN BY A DOCTOR 9OU MUST TAKE THE FORM BACK TO THE ,ABOUR OFFICE 3TAFF AT THE LABOUR CENTRE MAY ASK YOU TO GO TO THE DOCTOR AGAIN OR TO VISIT THE LABOUR CENTRE AT CERTAIN TIMES 9OU MUST DO WHAT THEY ASK OR YOU MAY NOT BE ABLE TO CLAIM -ATERNITY BENEFITS CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION )F YOU ARE UNABLE TO COLLECT THE PAYMENT SOMEONE ELSE CAN COLLECT IT ON YOUR BEHALF 9OU CAN APPLY FOR FURTHER BENEFITS AFTER YOUR BABY IS BORN ON &/2- 5& 4HIS FORM MUST BE SIGNED BY THE DOCTOR WHO DELIVERED THE BABY !N EMPLOYEE CAN GET THESE BENEFITS EVEN IF THE BABY WAS STILLBORN )F YOU ARE ALSO UNEMPLOYED THEN YOU MUST TELL THE CLAIMS OFFICER "UT IF YOU ARE ON UNPAID MATERNITY LEAVE YOU WILL ONLY NEED TO FILL IN FORMS 5& AND 5& "ENEFITS ARE PAID FOR A MAXIMUM OF DAYS OR WEEKS DEPENDING ON THE NUMBER OF CREDITS THE EMPLOYEE HAS 3EE PAGE -ATERNITY BENEFITS
#,!)-).' !$/04)/. "%.%&)43 !DOPTION BENEFITS WILL NOT BE PAID IF AN APPLICATION IS NOT MADE WITHIN MONTHS OF THE ORDER OF ADOPTION BEING ISSUED !N EMPLOYEE SHOULD TAKE THE FOLLOWING DOCUMENTS TO THE ,ABOUR OFFICE TO APPLY FOR ADOPTION BENEFITS s THE EMPLOYEEgS CHILDgS BIRTH CERTIFICATE s THE ORDER OF ADOPTION OF THE CHILD !DOPTION BENEFITS CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION 0AYMENTS ARE PAID OUT UNTIL ALL THE BENEFITS ARE USED UP 3EE PAGE !DOPTION BENEFITS
#,!)-).' $%0%.$!.43 "%.%&)43 $EPENDANTS BENEFITS CAN BE CLAIMED BY THE HUSBAND OR WIFE OF THE DECEASED EMPLOYEE AND ANY MINOR CHILDREN OF THE EMPLOYEE 4HE APPLICATION FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE DEATH OF THE CONTRIBUTOR
! WIDOW OR INVALID HUSBAND MUST COMPLETE &/2- 5& WHEN APPLYING FOR DEPENDENTS BENEFITS (E OR SHE MUST TAKE THE FOLLOWING DOCUMENTS TO THE $EPARTMENT OF ,ABOUR OFFICE WHEN APPLYING FOR BENEFITS s IDENTITY DOCUMENT s A CERTIFIED COPY OF THE DEATH CERTIFICATE s A CERTIFIED COPY OF THE MARRIAGE CERTIFICATE )F THESE DOCUMENTS ARE LOST THEN THE WIFE OR HUSBAND SHOULD MAKE A STATEMENT AT THE ,ABOUR OFFICE ! CHILD OR WIFEHUSBAND OF THE DECEASED EMPLOYEE MUST COMPLETE &/2- 5& WHEN APPLYING FOR BENEFITS !NY DEPENDANT WHO WANTS TO CLAIM DEPENDANTgS BENEFITS MUST TAKE THE FOLLOWING DOCUMENTS TO THE ,ABOUR OFFICE s IF THE DEPENDANT IS A CHILD CERTIFIED COPIES OF THE BIRTH CERTIFICATE /2 IF THE DEPENDANT IS A HUSBAND OR WIFE THE MARRIAGE CERTIFICATE s A CERTIFIED COPY OF THE DEATH CERTIFICATE OF THE CONTRIBUTOR 4HE ,ABOUR /FFICE WILL GIVE THE DEPENDANT &/2- 5& 4HIS FORM MUST BE FILLED IN BY THE LAST EMPLOYER OF THE DECEASED EMPLOYEE 4HE CHILD OR DEPENDANT MUST THEN TAKE THE FORM BACK TO THE ,ABOUR OFFICE 2EMEMBER THAT ONLY ONE PERSON CAN CLAIM DEPENDANTgS BENEFITS 4HE WIFE OR HUSBAND OF THE EMPLOYEE WHO DIED IS GIVEN PREFERENCE 4HE MONEY FOR DEPENDANTgS BENEFITS IS PAID IN ONE LUMP SUM 4HE AMOUNT THAT IS PAID WILL BE THE SAME AS THE TOTAL UNEMPLOYMENT BENEFITS THAT THE DECEASED EMPLOYEE COULD HAVE DRAWN AT THE TIME OF THE DEATH 3EE PAGE (OW MUCH DO EMPLOYEES GET PAID WHEN APPLYING FOR BENEFITS )F AN EMPLOYEE DIES AFTER CLAIMING ALL THE 5)& THAT IS OWED TO THEM THERE WILL BE NO MONEY LEFT FOR DEPENDANTgS BENEFITS
(/7 4/ '%4 #/0)%3 /& ")24( -!22)!'% !.$ $%!4( #%24)&)#!4%3 7RITE TO $EPARTMENT OF (OME !FFAIRS 2EGISTRAR OF "IRTHS -ARRIAGES AND $EATHS 0RIVATE "AG 8 0RETORIA 3TATE IN THE LETTER s WHAT TYPE OF CERTIFICATE YOU WANT s FULL NAME AND IDENTITY NUMBER OF PERSON s DATE AND PLACE OF BIRTHMARRIAGEDEATH s FOR BIRTH CERTIFICATE FULL NAMES OF PARENTS AND THEIR IDENTITY NUMBERS s FOR MARRIAGE CERTIFICATES FULL NAMES OF BOTH HUSBAND AND WIFE AND IDENTITY NUMBERS
7(!4 )& 4(% 5)& "%.%&)43 !2% 53%$ 50 !.$ 4(% %-0,/9%% )3 34),, 5.%-0,/9%$ )F YOU ARE STILL UNEMPLOYED BY THE TIME YOUR 5)& BENEFITS HAVE BEEN USED UP THEN YOU CAN APPLY FOR AN EXTENSION OF UNEMPLOYMENT BENEFITS &OR AN EXTENSION OF ORDINARY BENEFITS YOU MUST APPLY ON FORM 5& 9OU MUST WRITE DOWN ON THIS FORM DETAILS OF WHERE YOU HAVE TRIED TO FIND WORK 4HE FORM MUST BE HANDED IN AT A LABOUR CENTRE )F YOU HAVE RECEIVED ILLNESS BENEFITS YOU CAN APPLY FOR EXTENSION OF ILLNESS BENEFITS ON FORM 5& 4HIS INCLUDES A MEDICAL CERTIFICATE TO BE COMPLETED BY THE DOCTOR 4HE 5)& TREATS ALL APPLICATIONS FOR EXTENSION OF BENEFITS ON MERIT 4HIS MEANS THEY DECIDE WHETHER THEY THINK YOU HAVE GOOD REASONS TO GET MORE BENEFITS 4HERE IS NO AUTOMATIC RIGHT TO AN EXTENSION %XTENSION BENEFITS ARE NOT EASY TO GET
"UT IT HELPS TO PROVE THAT s YOU ARE STILL ACTIVELY SEEKING WORK SHOW LETTERS OF REFUSAL BY EMPLOYERS s YOU DEPEND FOR THE NECESSITIES OF LIFE ON THE 5)& BENEFITS A LIST OF EXPENSES SUCH AS RENT RECEIPTS FOOD BILLS WATER AND ELECTRICITY BILLS AND SCHOOLING FEES SHOULD BE DRAWN UP s YOU HAVE BEEN WORKING FOR MORE THAN YEARS AND HAVE GAINED THE MAXIMUM NUMBER OF CREDITS FOR WHICH NORMAL BENEFITS ARE PAID OUT 4HREE YEARS IS THE MAXIMUM TIME FOR WHICH NORMAL BENEFITS ARE PAID OUT
7(!4 )& 4(% !00,)#!4)/. &/2 ./2-!, "%.%&)43 )3 2%&53%$ )F AN APPLICATION IS REFUSED THE APPLICANT WILL BE SENT A REGISTERED LETTER INFORMING THEM OF THE DECISION OF THE 5)& 4HE LETTER SETS OUT THE REASONS FOR THE REFUSAL 9OU CAN APPEAL AGAINST THE REFUSAL
5)& !00%!,3 )F YOUR APPLICATION FOR 5)& BENEFITS HAS BEEN TURNED DOWN YOU OR YOUR REPRESENTATIVE MUST WRITE TO THE 5NEMPLOYMENT "ENEFIT #OMMITTEE WITHIN MONTHS OR DAYS OF BEING TOLD THAT BENEFITS WILL NOT BE PAID OUT 7HAT MUST BE INCLUDED IN THE APPEAL s NAME AND ADDRESS OF THE PERSON APPEALING s IDENTITY NUMBER s DATE OF APPLYING FOR BENEFITS s THE OFFICE WHERE THE APPLICATION WAS MADE s THE DATE ON WHICH THE CLAIMS OFFICER GAVE THE DECISION s THE DETAILS OF THE CLAIMS OFFICERgS DECISION AND WHY THE EMPLOYEE WANTS TO COMPLAIN s THE REASONS FOR THE APPEAL !LL THIS INFORMATION MUST BE SET OUT IN A STATEMENT WHICH THE EMPLOYEE MUST SIGN !DDRESS THE LETTER TO THE 5NEMPLOYMENT "ENEFIT #OMMITTEE AT THE NEAREST OFFICE OF THE 2EGIONAL $IRECTOR $EPARTMENT OF ,ABOUR
&524(%2 !00%!,3 )F THE 5NEMPLOYMENT "ENEFIT #OMMITTEE AGAIN REFUSES THE EMPLOYEEgS APPLICATION THEN THE EMPLOYEE CAN APPEAL AGAIN TO 4HE 3ECRETARY 5NEMPLOYMENT )NSURANCE "OARD 0/ "OX 0RETORIA
4%2-).!4)/. /& "%.%&)43 "ENEFITS STOP IF s THE FULL AMOUNT HAS BEEN PAID OUT s YOU STOP SIGNING THE REGISTER s YOU FIND WORK YOU MUST INFORM STAFF AT THE LABOUR CENTRE IMMEDIATELY IF YOU FIND WORK IF YOU CARRY ON ACCEPTING BENEFIT PAYMENTS YOU WILL HAVE TO PAY BACK THE AMOUNT RECEIVED 4HIS IS CALLED FRAUD
#OMPENSATION &UND 4HE #OMPENSATION &UND PROVIDES COMPENSATION FOR EMPLOYEES WHO GET HURT AT WORK OR SICK FROM DISEASES CONTRACTED AT WORK OR FOR DEATH AS A RESULT OF THESE INJURIES OR DISEASES 4HE #OMPENSATION &UND IS COVERED BY THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT .O OF #/)$! AND THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !MENDMENT !CT .O OF 4HE #OMPENSATION #OMMISSIONER IS APPOINTED TO ADMINISTER THE &UND AND APPROVES CLAIMS OF EMPLOYEES 7HERE AN EMPLOYEE IS ENTITLED TO RECEIVE COMPENSATION FROM THE #OMPENSATION &UND THE &UND AND NOT THE EMPLOYER WILL PAY THE EMPLOYEE 'O TO THE $EPARTMENT OF ,ABOUR WEBSITE FOR MORE INFORMATION ON THE #OMPENSATION &UND WWWLABOURGOVZA
7(%. #!. !. %-0,/9%% #,!)- #/-0%.3!4)/. s %MPLOYEES CAN CLAIM IF THEY ARE INJURED IN AN ACCIDENT gIN THE COURSE AND SCOPE OF DUTYg IN OTHER WORDS WHILE THEY ARE DOING THEIR WORK s %MPLOYEES CAN CLAIM IF THEY GET A DISEASE CAUSED BY THE WORK AN OCCUPATIONAL DISEASE s )F AN EMPLOYEE DIES FROM THE ACCIDENT OR DISEASE THEIR DEPENDANTS CAN CLAIM %MPLOYEES WHO ARE DRIVERS OR WHO HAVE TO BE TRANSPORTED AS PART OF THEIR WORK MAY BE INVOLVED IN MOTOR VEHICLE ACCIDENTS WHILE WORKING -OTOR VEHICLE ACCIDENTS AT WORK ARE COVERED BY THE 2OAD !CCIDENT &UND !CT 4HE ACCIDENT MUST BE REPORTED TO THE #OMPENSATION #OMMISSIONER AND WILL FOLLOW THE NORMAL #OMPENSATION PROCEDURE BUT THE MONEY WILL BE PAID BY THE 2OAD !CCIDENT &UND 3EE PAGE -OTOR VEHICLE ACCIDENTS WHILE WORKING
7(/ #!. #,!)- #/-0%.3!4)/. &2/- 4(% &5.$ !NY PERSON WHO IS EMPLOYED OR BEING TRAINED BY AN EMPLOYER AND IS INJURED OR GETS SICK ON OR BECAUSE OF THE JOB CAN CLAIM COMPENSATION 4HE FOLLOWING EMPLOYEES CANNOT CLAIM COMPENSATION FROM THE &UND s DOMESTIC WORKERS IN PRIVATE HOUSEHOLDS s MEMBERS OF THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE AND 3OUTH !FRICAN 0OLICE 3ERVICES THEY HAVE THEIR OWN FUND s OUTWORKERS TO WHOM EMPLOYERS GIVE ARTICLES TO BE MADE UP OR TO WASH OR CLEAN 4HEN THEY ARE NOT WORKING UNDER THE CONTROL OF THE EMPLOYER s EMPLOYEES WHO WORK OUTSIDE 3OUTH !FRICA FOR LONGER THAN MONTHS AT A TIME UNLESS THERE IS A SPECIAL AGREEMENT WITH THE #OMMISSIONER 4HE !CT SAYS AN EMPLOYER HAS TO PAY COMPENSATION TO THE INJURED EMPLOYEE FOR THE FIRST MONTHS FROM THE DATE OF THE OCCUPATIONAL INJURY 4HEREAFTER THE #OMPENSATION &UND WILL PAY 4HE #OMPENSATION &UND WILL REPAY THE EMPLOYER FOR THE MONEY THAT WAS PAID
7(/ #/.42)"54%3 4/ 4(% &5.$ %MPLOYERS PAY INTO THE #OMPENSATION &UND ONCE A MONTH %MPLOYEES DO NOT PAY ANYTHING TO THE &UND SO EMPLOYERS CANNOT DEDUCT MONEY FROM EMPLOYEESg WAGES FOR THIS 4HE FOLLOWING EMPLOYERS DO NOT HAVE TO PAY INTO THE &UND s NATIONAL AND PROVINCIAL STATE DEPARTMENTS s CERTAIN LOCAL AUTHORITIES s EMPLOYERS WHO ARE INSURED BY A COMPANY OTHER THAN THE #OMPENSATION &UND &OR EXAMPLE THOSE COMPANIES WHICH ARE PART OF THE #HAMBER OF -INES ARE INSURED BY 2AND -UTUAL !SSOCIATION AND MANY EMPLOYERS IN THE CONSTRUCTION INDUSTRY ARE INSURED BY &EDERATED %MPLOYERS -UTUAL !SSURANCE
4HESE EMPLOYERS ARE STILL COVERED BY THE !CT AND CLAIMS ARE MADE TO AND DECIDED BY THE #OMMISSIONER 4HE ONLY DIFFERENCE IS THAT THE PAYOUTS ARE MADE BY THE INSURANCE FUND OF THE EMPLOYER NOT BY THE #OMPENSATION &UND
7(%. 7),, 4(% &5.$ ./4 0!9 #/-0%.3!4)/. s .O PAYMENT IS MADE FOR CLAIMS WHICH ARE MADE MORE THAN MONTHS AFTER THE ACCIDENT OR DEATH OR MORE THAN MONTHS AFTER THE DISEASE IS DIAGNOSED s )F AN EMPLOYEE IS OFF WORK FOR DAYS OR LESS THIS IS NOT COVERED BY THE #OMPENSATION &UND )T MAY BE COVERED BY THE EMPLOYEEgS MEDICAL AID OR SICK FUND s .O PAYMENT IS MADE IF THE EMPLOYEEgS OWN MISCONDUCT CAUSED THE ACCIDENT UNLESS THE EMPLOYEE WAS SERIOUSLY DISABLED OR DIED FROM THE ACCIDENT s 4HERE MAY BE NO PAYMENT IF THE EMPLOYEE UNREASONABLY REFUSES TO HAVE MEDICAL TREATMENT FOR AS LONG AS THE EMPLOYEE REFUSES
/##50!4)/.!, $)3%!3%3 !.$ ).*52)%3 $)3%!3%3 /CCUPATIONAL DISEASES ARE ILLNESSES CAUSED BY SUBSTANCES OR CONDITIONS THAT THE EMPLOYEE WAS EXPOSED TO AT THE WORKPLACE 3CHEDULE OF THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT SETS OUT THE WORKING CONDITIONS AND DISEASES CAUSED BY THESE CONDITIONS THAT ARE COVERED BY THE #OMPENSATION &UND !N EMPLOYEE CAN CLAIM COMPENSATION IF EXPOSED TO THESE WORKING CONDITIONS AND THEN GETTING THE RELATED DISEASE )F A DISEASE IS NOT LISTED THEN EMPLOYEES CAN CLAIM COMPENSATION ONLY IF THEY CAN PROVE THAT THE DISEASE WAS CAUSED BY CONDITIONS AT WORK AND NOT BY SOME OTHER FACTOR -EDICAL EVIDENCE AND REPORTS WILL HAVE TO BE SUBMITTED TO THE #OMMISSIONER )T MAY ALSO TAKE SOME TIME FOR A DISEASE TO BECOME OBVIOUS AND IN SUCH CASES EMPLOYEES CAN CLAIM COMPENSATION IF THEY ARE NO LONGER AT A WORKPLACE SO LONG AS IT FALLS WITHIN THE TIME LIMITS FOR LODGING CLAIMS 3EE PAGE 0ROBLEM %MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE 4HE #OMMISSIONER WILL APPROVE OR REJECT THE CLAIM /NLY IF THE #OMMISSIONER APPROVES THE CLAIM WILL YOU GET COMPENSATION FOR TEMPORARY OR PERMANENT DISABILITY AND YOUR MEDICAL EXPENSES WILL BE PAID )F THE DISEASE GETS WORSE AFTER A PERIOD OF TIME YOU CAN APPLY TO HAVE YOUR COMPENSATION INCREASED
).*52)%3 )NJURIES COVERED BY THE #OMPENSATION !CT ARE ONLY THOSE THAT OCCUR AS A RESULT OF OR AT WORK #OMPENSATION IS PAID FOR TEMPORARY AND PERMANENT DISABILITIES THAT LEAD TO A LOSS OF EARNINGS
-/4/2 6%()#,% !##)$%.43 7(),% 7/2+).' )F A MOTOR VEHICLE ACCIDENT HAPPENS WHILE AN EMPLOYEE IS DOING THEIR JOB THEN THEY CAN GET COMPENSATION FROM THE #OMPENSATION &UND "UT IF THEY ARE INJURED IN A MOTOR VEHICLE ACCIDENT CAUSED BY SOMEONE ELSEgS NEGLIGENT OR UNLAWFUL DRIVING EVEN IF THIS IS ON THE JOB THEY CAN ALSO MAKE A THIRD PARTY CLAIM FROM THE 2OAD !CCIDENT &UND 4HE MONEY RECEIVED FROM THE #OMPENSATION &UND WILL BE TAKEN OFF THE THIRD PARTY PAYMENT &OR EXAMPLE IF THE 2OAD !CCIDENT &UND AGREES TO PAY DAMAGES OF 2 BUT THE #OMPENSATION &UND HAS ALREADY PAID 2 THEN THE EMPLOYEE WILL ONLY GET 2 DAMAGES FROM THE &UND !N EMPLOYEE CANNOT SUE THEIR EMPLOYER FOR DAMAGES IF THEY WERE INJURED ON THE JOB "UT IF THE EMPLOYER CAUSED INJURY TO AN EMPLOYEE WHILE THEY WERE ./4 ON THE JOB THEN THE EMPLOYEE COULD SUE HIM OR HER
7(!4 490%3 /& #/-0%.3!4)/. 0!9-%.4 !2% -!$% #OMPENSATION IS PAID FOR GETTING INJURED AT WORK OR FOR DISEASES CAUSED BY WORK 4HESE ARE THE MAIN TYPES OF COMPENSATION PAYMENTS s FOR TEMPORARY DISABILITY THE EMPLOYEE EVENTUALLY RECOVERS FROM THE INJURY OR ILLNESS s FOR PERMANENT DISABILITY THE EMPLOYEE NEVER FULLY RECOVERS s FOR DEATH s FOR MEDICAL EXPENSES s ADDITIONAL COMPENSATION #OMPENSATION IS ALWAYS WORKED OUT AS A PERCENTAGE OF THE WAGE THE EMPLOYEE WAS EARNING AT THE TIME THE DISEASE OR INJURY IS DIAGNOSED )F THE EMPLOYEE IS UNEMPLOYED BY THE TIME A DISEASE IS DIAGNOSED THE WAGE THEY WOULD HAVE BEEN EARNING MUST BE CALCULATED 4HE #OMPENSATION &UND DOES NOT PAY FOR PAIN AND SUFFERING ONLY FOR LOSS OF MOVEMENT OR USE OF YOUR BODY
4%-0/2!29 $)3!"),)49 4EMPORARY DISABILITY MEANS THE EMPLOYEE DOES EVENTUALLY GET BETTER )F AN EMPLOYEE IS OFF WORK FOR DAYS OR LESS NO COMPENSATION WILL BE PAID THE EMPLOYEE CAN CLAIM SICK LEAVE FROM THE EMPLOYER )F THE EMPLOYEE IS OFF FOR MORE THAN DAYS THE EMPLOYEE GETS COMPENSATION WHICH ALSO COVERS THE FIRST DAYS 4EMPORARY DISABILITY CAN BE TOTAL OR PARTIAL s 4OTAL MEANS THE EMPLOYEE IS UNABLE TO WORK FOR A WHILE 4HE EMPLOYEE WILL GET OF THE NORMAL MONTHLY WAGE AS COMPENSATION 4HE FORMULA IS MONTHLY WAGE X IF THE EMPLOYEE IS PAID MONTHLY FOR WEEKLY PAID EMPLOYEES MULTIPLY THE WEEKLY WAGE BY TO GET THE MONTHLY WAGE s 0ARTIAL MEANS THE EMPLOYEE CAN GO TO WORK BUT ON LIGHT DUTY FOR FEWER HOURS )F THE EMPLOYEE EARNS LESS DOING THE LIGHTER WORK HE OR SHE WILL GET OF THE DIFFERENCE BETWEEN THE NORMAL AND REDUCED MONTHLY WAGE %8!-0,% 4HEMBISOgS WAGES ARE 2 PER WEEK 7HAT WOULD HIS #OMPENSATION BE FOR A TEMPORARY TOTAL DISABILITY -ULTIPLY WEEKLY WAGE BY 2 X 2 PER MONTH -ONTHLY WAGE X 2 X 2 4HAMBISO WOULD GET 2 PER MONTH FROM THE #OMPENSATION &UND FOR 4OTAL 4EMPORARY $ISABILITY
&OR AN OCCUPATIONAL DISEASE USE THE WAGE AT THE TIME OF THE DIAGNOSIS AND NOT AT THE TIME WHEN THE EMPLOYEE FIRST GOT EXPOSED TO THE DISEASE )F THE EMPLOYEE IS NOW UNEMPLOYED USE THE WAGE THAT HE OR SHE WOULD PROBABLY HAVE EARNED IF STILL EMPLOYED #OMPENSATION FOR TEMPORARY DISABILITY WILL BE PAID FOR UP TO MONTHS )F THE CONDITION OF THE EMPLOYEE HAS NOT IMPROVED AFTER MONTHS THE COMMISSIONER MAY AGREE TO CONTINUE PAYMENTS FOR UP TO MONTHS !FTER MONTHS THE #OMMISSIONER MAY DECIDE THAT THE CONDITION IS PERMANENT AND GRANT COMPENSATION ON THE BASIS OF PERMANENT DISABILITY 4HE #OMMISSIONER ALSO PAYS ALL MEDICAL ACCOUNTS INCLUDING MEDICINE FOR WHICH ACCOUNTS MUST BE SUBMITTED 3EE PAGE 0ROBLEM %MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY
0%2-!.%.4 $)3!"),)49 0ERMANENT DISABILITY MEANS THAT AN EMPLOYEE NEVER FULLY RECOVERS FROM THE INJURY OR SICKNESS ! PERMANENT DISABILITY CAN COMPLETELY PREVENT AN EMPLOYEE FROM WORKING OR IT CAN JUST INCONVENIENCE AN EMPLOYEE -OST SERIOUS IS CALLED DISABILITY AND LEAST SERIOUS IS CALLED DISABILITY ! DOCTOR MUST WRITE A MEDICAL REPORT ABOUT THE DISABILITY 4HE #OMMISSIONER WITH THE HELP OF A PANEL OF DOCTORS WORKS OUT THE DEGREE OF DISABILITY 4HE DEGREES OF DISABILITY ARE SET OUT IN 3CHEDULE OF THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT 3OME EXAMPLES ARE LOSS OF TWO LIMBS TOTAL LOSS OF SIGHT LOSS OF HEARING IN BOTH EARS LOSS OF SIGHT IN ONE EYE LOSS OF ONE WHOLE BIG TOE LOSS OF ONE OTHER TOE #OMPENSATION FOR PERMANENT DISABILITY IS PAID EITHER AS A MONTHLY PENSION OR AS A LUMP SUM s IF THE INJURY IS MEASURED AS MORE THAN THE EMPLOYEE GETS A PENSION s IF THE INJURY IS OR LESS THE EMPLOYEE GETS A LUMP SUM 4HE FORMULA FOR THE MONTHLY PENSION IS ;MONTHLY WAGE X = X PERCENTAGE DISABILITY 4HIS AMOUNT WILL BE PAID ONCE A MONTH FOR THE REST OF THE EMPLOYEEgS LIFE %8!-0,% *OE LOST ONE OF HIS HANDS WHILE PUSHING SOME POLES THROUGH A SAW !T THE TIME OF HIS ACCIDENT HE WAS EARNING 2 PER MONTH 4HE PERCENTAGE DISABILITY FOR LOSS OF A HAND IS MONTHLY WAGE X X PERCENTAGE DISABILITY 2 X X 2 X 2 *OE WILL GET 2 PER MONTH FOR THE REST OF HIS LIFE
4HE FORMULA FOR THE LUMP SUM IS MONTHLY WAGE X X PERCENTAGE DISABILITY 4HIS AMOUNT WILL BE PAID ONCE ONLY AND THERE WILL BE NO FURTHER PAYMENTS %8!-0,% &REDDIE LOST AN EYE WHILE WORKING IN A FACTORY "EFORE THE ACCIDENT HE GOT 2 A MONTH 7HAT COMPENSATION SHOULD HE GET FOR HIS PERMANENT DISABILITY 4HE PERCENTAGE DISABILITY FOR THE LOSS OF ONE EYE IS &REDDIE WILL GET A LUMP SUM BECAUSE HIS INJURY WAS OR LESS 4O WORK OUT THE LUMP SUM -ONTHLY WAGE X X PERCENTAGE DISABILITY 2 X X 2 X 2 &REDDIE WILL RECEIVE 2 AS A LUMP SUM PAYMENT
$%!4( "%.%&)43 #OMPENSATION CAN BE CLAIMED BY THE WIDOW OR DEPENDANTS IF AN EMPLOYEE DIES AS A RESULT OF A WORK RELATED ACCIDENT OR DISEASE #LAIMANTS FOR DEATH BENEFITS MUST SUBMIT COPIES OF THE FOLLOWING DOCUMENTS s MARRIAGE CERTIFICATE OR PROOF THAT THE COUPLE LIVED AS HUSBAND AND WIFE s BIRTH CERTIFICATES OR BAPTISMAL CERTIFICATES OF CHILDREN FOR PROOF OF CHILDREN s THE DEATH CERTIFICATE s DECLARATION BY THE WIDOWER FORM 7#, s THE EMPLOYERgS REPORT OF THE ACCIDENT OR DISEASE s FUNERAL ACCOUNTS FORM 7#, s A SPECIAL #OMPENSATION FORM MUST BE FILLED IN GIVING DETAILS OF INCOME AND PROPERTY
7(/ #!. #,!)- #/-0%.3!4)/. 7(%. !. %-0,/9%% $)%3 ). 4(% #/523% !.$ 3#/0% /& $549 s 4HE WIDOWER n ,UMP SUM PAYMENT X MONTHLY PENSION OF EMPLOYEE THE PENSION IS THE AMOUNT THE EMPLOYEE WOULD HAVE BEEN PAID IF HESHE HAD BEEN DISABLED n MONTHLY PENSION FOR LIFE X MONTHLY PENSION OF EMPLOYEE PAID EVERY MONTH s %ACH CHILD UNDER THE AGE OF YEARS INCLUDING ILLEGITIMATE ADOPTED AND STEP CHILDREN IS ENTITLED TO n X MONTHLY PENSION OF EMPLOYEE PAID EVERY MONTHLY UNTIL THE CHILD IS YEARS OLD n THE PENSION CAN CONTINUE FOR LONGER IF THE CHILD IS MENTALLY OR PHYSICALLY HANDICAPPED s /THER DEPENDANTS IF THERE IS NO WIDOWER OR CHILDREN PARENTS SISTERS BROTHERS HALF SISTERS ETC n FULL DEPENDANTS GET THE SAME AS THE WIDOW n PARTIAL DEPENDANTS GET A LUMP SUM THAT IS WORKED OUT ACCORDING TO THE DEGREE OF DEPENDENCE s 4HE PERSON WHO PAYS FOR THE FUNERAL EXPENSES GETS PAID EXPENSES UP TO A CERTAIN AMOUNT ./4%
4HE TOTAL MONTHLY PENSION PER FAMILY CANNOT BE MORE THAN THE PENSION THE DECEASED EMPLOYEE WOULD HAVE RECEIVED IF HESHE WAS DISABLED IE OF THE MONTHLY WAGE
-%$)#!, %80%.3%3 !LL THE MEDICAL EXPENSES OF AN EMPLOYEE WILL BE PAID FOR A MAXIMUM OF TWO YEARS FROM THE DATE OF THE ACCIDENT
!$$)4)/.!, #/-0%.3!4)/. )F AN EMPLOYEE IS INJURED DIES OR CONTRACTS AN OCCUPATIONAL DISEASE BECAUSE OF THE NEGLIGENCE OF THE EMPLOYER OR A DEFECT IN MACHINERY OR EQUIPMENT THE EMPLOYEE CAN GET EXTRA COMPENSATION FOR TEMPORARY OR PERMANENT DISABILITY !NY EMPLOYEE WHO IS UNDER YEARS OLD AT THE TIME OF AN INJURY OR DISEASE WILL GET EXTRA COMPENSATION !N APPLICATION FOR ADDITIONAL INCREASED COMPENSATION MUST BE MADE ON A FORM 7 WITHIN MONTHS OF THE INJURY 4HE #OMMISSIONER CAN EXTEND THE PERIOD IF GOOD REASONS EXIST
34%03 4/ #,!)- $)3!"),)49
4HE EMPLOYEE MUST INFORM THE EMPLOYER SUPERVISOR OR FOREMAN OF THE ACCIDENT INJURY OR DISEASE VERBALLY OR IN WRITING
4HE EMPLOYER MUST REPORT THE ACCIDENT OR DISEASE TO THE #OMPENSATION #OMMISSIONER WITHIN DAYS FOR AN INJURY AND WITHIN DAYS AFTER GAINING KNOWLEDGE OF AN ALLEGED OCCUPATIONAL DISEASE 4HE EMPLOYER MUST REPORT IT EVEN IF THEY DO NOT BELIEVE THE INJURY OR DISEASE IS WORK RELATED )F THE EMPLOYEE IS UNEMPLOYED BY THE TIME A DISEASE IS DIAGNOSED THE EMPLOYEE CAN SEND FORMS DIRECTLY TO THE #OMMISSIONER
0ART OF THE FORM MUST BE GIVEN TO A DOCTOR TO COMPLETE TO CHECK THAT THE INJURY OR DISEASE FALLS UNDER THE #OMPENSATION &UND
4HE DOCTOR MUST SEND A &IRST -EDICAL 2EPORT 7#, DETAILING THE DISEASE OR SERIOUSNESS OF THE INJURY AND THE LIKELY PERIOD THE EMPLOYEE WILL BE OFF WORK 4HIS MUST BE DONE WITHIN DAYS OF SEEING THE EMPLOYEE
4HE EMPLOYER MUST SEND THE &IRST -EDICAL 2EPORT TO THE #OMMISSIONER
)F THE EMPLOYER REFUSES TO COMPLETE AND SEND THE FORM THE EMPLOYEE OR A REPRESENTATIVE MAY SEND A FORM DIRECT TO THE #OMMISSIONER 4HE #OMMISSIONER WILL INSTRUCT THE EMPLOYER TO FILL IN THE RIGHT FORM
4HE DOCTOR MUST ALSO SEND 0ROGRESS -EDICAL 2EPORTS 7#, MONTHLY WHILE TREATMENT IS CARRIED ON )F THE EMPLOYEEgS CONDITION HAS NOT IMPROVED AFTER MONTHS THE #OMMISSIONER MAY DECIDE THAT THE CONDITION IS PERMANENT AND GRANT COMPENSATION FOR PERMANENT DISABILITY
4HE DOCTOR MUST SEND IN A &INAL -EDICAL 2EPORT STATING EITHER THAT THE EMPLOYEE IS FIT TO RETURN TO WORK OR THAT THE EMPLOYEE IS PERMANENTLY DISABLED
4HE DOCTOR SUBMITS THIS FORM TO THE EMPLOYER WHO SENDS IT TO THE #OMMISSIONER !NYONE ELSE CAN SEND THE MEDICAL REPORTS TO THE #OMMISSIONER AS LONG AS THE CLAIM NUMBER IS ON THE FORM
4HE EMPLOYER SENDS IN A 2ESUMPTION 2EPORT 7#, TO THE #OMMISSIONER WHEN THE EMPLOYEE STARTS WORK AGAIN OR IS DISCHARGED FROM HOSPITAL 4HE EMPLOYER ALSO FILLS IN THIS FORM TO CLAIM BACK THE COMPENSATION MONEY THE EMPLOYER PAID TO THE EMPLOYEE DURING THE FIRST MONTHS HE OR SHE WAS OFF WORK
(/7 )3 4(% #/-0%.3!4)/. -/.%9 0!)$ 4HE COMPENSATION OFFICE WAITS UNTIL IT HAS ALL THE FORMS AND ONLY THEN DOES IT PAY 3EE PAGE 0ROBLEM ,ONG DELAY IN PAYING COMPENSATION
4%-0/2!29 $)3!"),)49 4HE COMPENSATION OFFICE SENDS A CHEQUE TO THE EMPLOYER WHO GIVES IT TO THE THE EMPLOYEE
0%2-!.%.4 $)3!"),)49 ,UMP SUM n 4HE CHEQUE GETS SENT TO THE EMPLOYER )F THE EMPLOYEE HAS BEEN DISMISSED THEY SEND THE CHEQUE TO THE EMPLOYEEgS HOME ADDRESS 0ENSION n 4HIS IS PAID OUT MONTHLY FOR THE REST OF A PERSONgS LIFE 4HE DISABLED EMPLOYEE CAN DECIDE WHERE THE COMPENSATION OFFICE MUST SEND THE PENSION FOR EXAMPLE TO A BANK OR BUILDING SOCIETY ACCOUNT 0ENSIONS ARE ALWAYS BACK PAID TO THE DATE OF THE ACCIDENT )F EMPLOYERS DO NOT SEND IN THE FORMS OR THE CLAIMS TAKES LONG EMPLOYEES MUST CONTACT THE NEAREST LABOUR CENTRE AND REPORT IT
/"*%#4)/.3 !.$ !00%!,3 s )F AN EMPLOYEE DISAGREES WITH THE DECISION OF THE #OMMISSIONER HESHE MAY LODGE AN OBJECTION TO THE DECISION WITHIN DAYS FROM THE DATE HESHE BECAME AWARE OF THE DECISION s 4HE OBJECTION MUST BE DONE ON FORM 7 AND SENT TO THE #OMMISSIONER s 4HE COMMISSIONER MAY CALL A FORMAL HEARING TO REVIEW THE DECISION AT WHICH HEARING THE EMPLOYEE CAN BE REPRESENTED BY A LEGAL REPRESENTATIVE TRADE UNION OFFICIAL OR FAMILY MEMBER s 4HE EMPLOYEE CAN CALL EVIDENCE INCLUDING EXPERT EVIDENCE s 4HE COMMISSIONER AFTER THE REPRESENTATIONS MADE WILL MAKE A FINAL DECISION s )F STILL NOT SATISFIED THE EMPLOYEE CAN TAKE THE DECISION OF THE #OMMISSIONER ON REVIEW TO THE (IGH #OURT )T IS ADVISABLE TO SEEK LEGAL ASSISTANCE WITH THE APPLICATION 3EE PAGE 0ROBLEM %MPLOYEES COMPENSATION HAS BEEN REFUSED
%MPLOYEEgS TAX 7(!4 )3 %-0,/9%%g3 4!8 %MPLOYEES TAX IS THE TAX THAT EMPLOYERS MUST DEDUCT FROM THE INCOME OF EMPLOYEES SALARIES WAGES BONUSES ETC AND PAY OVER TO 3!23 EVERY MONTH %MPLOYEES TAX CONSISTS OF TWO PARTS 3)4% AND 0!9%
7(!4 )3 3)4% 3)4% STANDS FOR 3TANDARD )NCOME 4AX ON %MPLOYEES %MPLOYEES TAX THAT IS DEDUCTED FROM AN EMPLOYEES INCOME WHEN IT IS BELOW A SPECIFIC THRESHOLD IS CLASSIFIED AS 3)4% 4HE THRESHOLD FOR IS 2 4HIS MEANS THAT ANYONE EARNING BELOW 2 IN THE YEAR WILL PAY 3)4% 3)4% IS DEDUCTED BY THE EMPLOYER FROM THE DAILY WEEKLY OR MONTHLY EARNINGS OF AN EMPLOYEE AND PAID TO 3!23 EVERY MONTH %XAMPLES OF EARNINGS FROM WHICH 3)4% IS DEDUCTED INCLUDE SALARIES WAGES BONUSES OVERTIME PAY AND FRINGE BENEFITS
7(!4 )3 0!9% 0!9% STANDS FOR 0AY !S 9OU %ARN 0!9% IS THE TAX THAT IS DEDUCTED BY AN EMPLOYER FROM AN EMPLOYEES INCOME WHERE THEIR INCOME IS HIGHER THAN THE 3)4% THRESHOLD IN OTHER WORDS IF THE INCOME IS HIGHER THAN 2
7(%. -534 !. %-0,/9%% 0!9 4!8 %VERY EMPLOYEE WHO EARNS MORE THAN A CERTAIN AMOUNT KNOWN AS THE THRESHOLD IN A YEAR OF ASSESSMENT MUST PAY INCOME TAX 4HE THRESHOLD AMOUNT FOR THE YEAR OF ASSESSMENT IS 2 IF YOU ARE UNDER YEARS OR 2 IF YOU ARE YEARS AND OLDER )N OTHER WORDS IF YOU ARE YEARS OLD YOU CAN EARN UP TO 2 FOR THE TAX YEAR WITHOUT HAVING TO PAY TAX IF YOU ARE YEARS OLD AND YOU EARN 2 FOR THE TAX YEAR YOU WILL ALSO NOT HAVE TO PAY TAX BECAUSE YOU ARE EARNING BELOW THE TAX THRESHOLDS /NCE YOU EARN MORE THAN THESE AMOUNTS YOU WILL BE TAXED EITHER ACCORDING TO THE 3)4% OR 0!9% TAX TABLES ON WHAT YOU EARN ! YEAR OF ASSESSMENT FOR AN INDIVIDUAL CONSISTS OF TWELVE MONTHS STARTING ON -ARCH AND ENDING ON THE LAST DAY OF &EBRUARY OF THE FOLLOWING YEAR 4HE YEAR OF ASSESSMENT THEREFORE STARTS ON -ARCH AND ENDS ON &EBRUARY
(/7 -5#( 4!8 $/ 9/5 0!9 4HIS DEPENDS ON s (OW MUCH YOU EARN INCLUDING OVERTIME BONUSES AND FRINGE BENEFITS AND BEFORE DEDUCTIONS s 9OUR AGE WHETHER YOU ARE UNDER OR OVER s 7HETHER YOU ARE A MEMBER OF AN OFFICIALLY RECOGNISED PENSION FUND OR PAY TOWARDS A RETIREMENT ANNUITY FUND 4HE AMOUNT YOU PAY INTO A PENSION SCHEME OR A RETIREMENT ANNUITY FUND CAN BE $%$5#4%$ FROM YOUR WAGE BEFORE TAX IS CALCULATED 4HIS MEANS YOU WILL PAY LESS TAX BECAUSE THE TAX IS WORKED OUT ON A LOWER INCOME 5NDER 3)4% ONLY CONTRIBUTIONS TO A PENSION FUND OR A RETIREMENT ANNUITY FUND CAN BE DEDUCTED FROM THE WAGE #ONTRIBUTIONS TO A 0ROVIDENT &UND CANNOT BE DEDUCTED !FTER THE DEDUCTION FOR PENSION OR A RETIREMENT ANNUITY FUND THE REST OF YOUR WAGE IS TAXED ACCORDING TO DIFFERENT RATES 4HE RATE YOU PAY DEPENDS ON HOW MUCH YOU EARN AND IS CALCULATED FROM TAX TABLES ISSUED BY THE 3OUTH !FRICAN 2EVENUE 3ERVICES 3!23 4HE TAX TABLES WILL DETERMINE WHAT RATE OF TAX YOU WILL HAVE TO PAY
7(!4 ).&/2-!4)/. -534 9/5 ')6% 4/ %-0,/9%23 7HEN YOU BECOME EMPLOYED YOU MUST FILL IN AN )20 FORM 4HE TAX DEDUCTED DEPENDS ON THE INFORMATION THAT YOU FILL IN ON THIS FORM )F YOU ARE OVER YEARS OLD YOU MUST NOTIFY YOUR EMPLOYER !LSO TELL THE EMPLOYER IF YOU PAY TOWARDS A RETIREMENT ANNUITY FUND BECAUSE YOU WILL THEN PAY LESS TAX )F YOU DO NOT FILL IN AN )20 FORM AT ALL THE EMPLOYER WILL TAX YOU AT THE HIGHEST POSSIBLE RATE
2%"!4%3 ! REBATE IS AN AMOUNT OF MONEY TAKEN OFF THE TAX AFTER YOUR TAX RATE HAS BEEN WORKED OUT 4HIS MEANS THE TAX YOU PAY IS LOWER 9OU CAN GET DIFFERENT TYPES OF REBATES 4HERE IS A PRIMARY REBATE AND AN AGE REBATE IF YOU ARE OVER YEARS
4!8 /. "/.53 0!9 !.$ 2%42%.#(-%.4 0!9 "ONUS PAY IS ALWAYS ADDED TO THE WAGE AND THEN THE WHOLE AMOUNT IS TAXED 3O THE INCOME THAT IS TAXED IS HIGHER THAN THE NORMAL WAGE AND THE TAX YOU PAY WILL ALSO BE HIGHER
0!24 4)-% 7/2+ !.$ #!35!, 7/2+ 0!9% MUST BE DEDUCTED AT A RATE OF IN RESPECT OF ALL EMPLOYEES WHO s 7ORK FOR AN EMPLOYER FOR LESS THAN HOURS PER WEEK /2 s 7ORK FOR AN EMPLOYER FOR AN UNSPECIFIED PERIOD %XAMPLES INCLUDE s ! PERSON EMPLOYED ON A DAILY BASIS WHO IS PAID DAILY AND WHO GETS PAID MORE THAN 2 PER DAY s #ASUAL COMMISSIONS PAID FOR EXAMPLE SPOTTERS FEES s #ASUAL PAYMENTS TO CASUAL WORKERS FOR IRREGULAROCCASIONAL SERVICES s (ONORARIA PAID TO OFFICE BEARERS OF ORGANISATIONS CLUBS
4HE FOLLOWING PEOPLE ARE EXEMPT FROM THIS s )F AN EMPLOYEE WORKS REGULARLY FOR LESS THAN HOURS PER WEEK AND PROVIDES THE EMPLOYER WITH A WRITTEN UNDERTAKING THAT HE OR SHE DOES NOT WORK FOR ANYONE ELSE THEN THEY WILL BE REGARDED AS BEING IN STANDARD EMPLOYMENT AND TAX MUST BE DEDUCTED ACCORDING TO THE NORMAL WEEKLY OR MONTHLY TABLES s !N EMPLOYEE WHO IS IN STANDARD EMPLOYMENT IN OTHER WORDS WHO WORKS FOR ONE EMPLOYER FOR AT LEAST HOURS PER WEEK s 0ENSIONS PAID TO PENSIONERS
4!8 !33%33-%.43 /NCE A YEAR YOUR EMPLOYER MUST ISSUE YOU WITH AN )20 TAX CERTIFICATE THAT SHOWS THE TOTAL WAGES THAT YOU EARNED AND THE TOTAL TAX THAT WAS DEDUCTED )F YOU EARN LESS THAN 2 A YEAR YOU WILL NOT HAVE TO SUBMIT A TAX RETURN )F YOU EARN MORE THAN 2 A YEAR THE 3!23 DOES AN ASSESSMENT OF YOUR EARNINGS WHEN YOU FILL IN A @TAX RETURN 9OU FILL IN A TAX RETURN FORM AND SEND IT WITH THE )20 TO THE 3!23 !SSESSMENT MEANS CHECKING UP ON THE TAX YOU PAY TO MAKE SURE YOU HAVENT PAID TOO MUCH OR TOO LITTLE TAX
0ENSION AND PROVIDENT FUNDS 4HE MAIN AIM OF A PENSION OR PROVIDENT FUND IS TO PROVIDE BENEFITS FOR ITS MEMBERS WHEN THEY RETIRE FROM EMPLOYMENT 4HE FUND ALSO USUALLY PAYS BENEFITS WHEN A MEMBER DIES WHILE STILL WORKING OR IS UNABLE TO WORK BECAUSE OF ILLNESS OR IS RETRENCHED 4HE MAIN DIFFERENCE BETWEEN A PENSION FUND AND A PROVIDENT FUND IS THAT IF A PENSION FUND MEMBER RETIRES THE MEMBER GETS ONE THIRD OF THE TOTAL BENEFIT IN A CASH LUMP SUM AND THE OTHER TWO THIRDS IS PAID OUT IN THE FORM OF A PENSION OVER THE REST OF THE MEMBERgS LIFE ! PROVIDENT FUND MEMBER CAN GET THE FULL BENEFIT PAID IN A CASH LUMP SUM 0ENSION FUNDS ALSO OFFER BETTER TAX BENEFITS TO EMPLOYEES !N EMPLOYEES CONTRIBUTIONS TO A PENSION FUND ARE DEDUCTIBLE FOR TAX WHILE CONTRIBUTIONS TO A PROVIDENT FUND ARE NOT 4HERE ARE ADVANTAGES AND DISADVANTAGES TO BOTH TYPES OF FUNDS )T WILL DEPEND ON A PERSONS OWN FINANCIAL NEEDS (OWEVER ONE OF THE STRONGEST ARGUMENTS IN FAVOUR OF PROVIDENT FUNDS AND THE LUMP SUM PAYMENT CONCERNS THE MEANS TEST USED TO WORK OUT WHETHER A PERSON QUALIFIES FOR A STATE OLD AGE PENSION 5SUALLY IF A PERSON RECEIVES A PRIVATE PENSION THAT PERSON IS DISQUALIFIED FROM RECEIVING A STATE OLD AGE PENSION )F A PERSON GETS A LUMP SUM PAYMENT THEN THAT PERSON MAY ALSO QUALIFY FOR A STATE PENSION IN SOME CASES
(/7 $/%3 ! 0%.3)/. /2 02/6)$%.4 &5.$ 7/2+ )F IT IS A WORKPLACE PENSION FUND MONEY GOES INTO THE FUND THROUGH CONTRIBUTIONS FROM EMPLOYERS AND EMPLOYEES !N EMPLOYEE CANNOT GET MONEY BACK FROM A FUND EXCEPT AS BENEFITS ACCORDING TO THE FUND RULES %MPLOYEES CAN ALSO INVEST PRIVATELY IN THEIR OWN PENSION OR PROVIDENT FUNDS WHERE THERE IS NO WORKPLACE PENSION OR PROVIDENT SCHEME IN PLACE
490%3 /& &5.$3 !.$ "%.%&)43 $IFFERENT WORKPLACE FUNDS HAVE DIFFERENT KINDS OF BENEFITS FOR EXAMPLE s WITHDRAWAL BENEFITS n PAID TO EMPLOYEES WHO RESIGN OR ARE DISMISSED EMPLOYEE GETS OWN CONTRIBUTIONS ONLY s RETRENCHMENT BENEFITS n PAID TO EMPLOYEES WHO ARE RETRENCHED
s RETIREMENT BENEFITS n PAID TO EMPLOYEES WHEN THEY RETIRE AT WOMEN MEN AMOUNT PAID OUT DEPENDS ON HOW LONG EMPLOYEE WAS CONTRIBUTING s INSURED BENEFITS n INCLUDING BENEFITS PAID TO AN EMPLOYEE WHO IS DISABLED AND BENEFITS PAID TO THE DEPENDANTS OF AN EMPLOYEE WHO DIES .OT ALL FUNDS PROVIDE ALL THESE BENEFITS 4O UNDERSTAND HOW ANY FUND WORKS THE MEMBER MUST READ THE RULES OF THE FUND
"!2'!).).' #/5.#), &5.$3 ! PENSION OR PROVIDENT FUND MAY BE ESTABLISHED BY A "ARGAINING #OUNCIL !GREEMENT 4HE "ARGAINING #OUNCIL !GREEMENT WILL LAY DOWN THE RULES FOR THE PENSION OR PROVIDENT FUND 5SUALLY ALL EMPLOYEES WHO FALL UNDER A "ARGAINING #OUNCIL !GREEMENT HAVE TO BECOME MEMBERS OF ANY FUND SET UP BY THAT "ARGAINING #OUNCIL UNLESS THEIR EMPLOYER HAS DE REGISTERED FROM THE FUND AND SET UP THEIR OWN FUND "ARGAINING #OUNCIL FUNDS DO NOT ALLOW AN EMPLOYEE TO WITHDRAW BENEFITS IF HE OR SHE LEAVES ONE COMPANY TO GO AND WORK FOR ANOTHER COMPANY IN THE SAME INDUSTRY 5SUALLY AN EMPLOYEE CAN ONLY WITHDRAW BENEFITS AFTER A YEAR OF LEAVING THE COMPANY IF HE OR SHE IS STILL UNEMPLOYED OR WAS RE EMPLOYED OUTSIDE THE INDUSTRY )F THE EMPLOYEE IS RE EMPLOYED IN THE SAME INDUSTRY BEFORE ONE YEAR IS UP THEN CONTRIBUTIONS CARRY ON AS IF THERE WAS NO CHANGE IN JOB
#/-0,!).43 !"/54 0!9-%.43 &2/- 0%.3)/. &5.$3 !NY PERSON WHO HAS A COMPLAINT ABOUT BENEFITS FROM A PENSION FUND CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 3EE PAGE -ODEL LETTER (OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR PAGE 2ESOURCES FOR CONTACT DETAILS OF THE 0ENSION &UNDS !DJUDICATOR
4(% 0%.3)/. &5.$3 !$*5$)#!4/2 4HE LAW SAYS YOU MUST FIRST SEND YOUR COMPLAINT IN WRITING TO THE PENSION FUND OR TO THE EMPLOYER 4HE PENSION FUND OR EMPLOYER THEN HAS DAYS TO REPLY TO THE COMPLAINT )F THEY DONgT REPLY OR IF YOU ARE NOT SATISFIED WITH THE REPLY THEN YOU CAN SEND AN OFFICIAL COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR )NCLUDE YOUR LETTER TO THE PENSION FUND OR EMPLOYER AND THEIR REPLY !FTER YOU HAVE MADE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR THE !DJUDICATOR GIVES THE PENSION FUND DAYS TO REPLY /NCE THE !DJUDICATOR HAS RECEIVED THE PENSION FUNDgS REPLY THEY WILL LOOK AT THE FACTS AND DECIDE WHO IS RIGHT 4HE 0ENSION &UNDS !DJUDICATOR DOES NOT DEAL WITH GOVERNMENT PENSION FUNDS )F A PERSON WHO WORKS FOR THE GOVERNMENT HAS GOT A COMPLAINT ABOUT A GOVERNMENT PENSION THEN THEY MUST SEND THEIR COMPLAINT TO THE 0UBLIC 0ROTECTOR 3EE PAGE 0ROBLEM -AKING A COMPLAINT TO THE 0UBLIC 0ROTECTOR 4HERE IS NO CHARGE TO MAKE A COMPLAINT WITH THE 0ENSION &UNDS !DJUDICATOR
7(/ #!. -!+% ! #/-0,!).4 4/ 4(% 0%.3)/. &5.$3 !$*5$)#!4/2 4HE FOLLOWING PEOPLE CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR s A MEMBER OR FORMER MEMBER OF A PENSION FUND s A BENEFICIARY OF A FUND OR A FORMER BENEFICIARY OF A FUND A BENEFICIARY IS SOMEONE WHO IS WRITTEN DOWN IN YOUR PENSION FUND AGREEMENT TO GET THE MONEY FROM YOUR PENSION FUND FOR EXAMPLE YOUR FAMILY IF YOU DIE s AN EMPLOYER WHO PARTICIPATES IN A WORKPLACE FUND s A BOARD OR BOARD MEMBER OF A FUND s ANY PERSON WITH AN INTEREST IN A COMPLAINT
4)-% ,)-)43 9OU MUST GET YOUR COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR WITHIN YEARS OF THE PROBLEM ARISING
-EDICAL AID SCHEMES FOR EMPLOYEES ! MEDICAL AID SCHEME HELPS MEMBERS TO PAY FOR THEIR HEALTH NEEDS SUCH AS NURSING SURGERY DENTAL WORK AND HOSPITAL ACCOMMODATION )T IS A TYPE OF INSURANCE SCHEME &OR THIS SERVICE MEMBERS AND THEIR EMPLOYERS PAY REGULAR CONTRIBUTIONS TO THE SCHEME 4HE LAW SAYS THAT MEDICAL AID SCHEMES MUST PAY FOR MEDICAL EXPENSES SUCH AS HOSPITAL DOCTOR AND DENTIST BILLS MEDICINES AND OTHER MEDICAL SERVICES LIKE SPECIAL DENTISTRY AND PHYSIOTHERAPY 3OME SCHEMES OFFER MORE THAN THIS
!$6!.4!'%3 !.$ $)3!$6!.4!'%3 /& -%$)#!, !)$ 3#(%-%3 4HE ADVANTAGES OF A MEDICAL AID SCHEME ARE THAT s IT PROTECTS EMPLOYEES IF THEY SUDDENLY HAVE TO PAY LARGE UNEXPECTED MEDICAL COSTS AND THEY DONgT HAVE TO DELAY THEIR MEDICAL TREATMENT BECAUSE THEY DONgT HAVE ANY MONEY s EMPLOYEES GET BETTER MEDICAL CARE BECAUSE THEY ARE LOOKED AFTER BY PRIVATE DOCTORS CLINICS AND SPECIALISTS INSTEAD OF OVERCROWDED PUBLIC HOSPITALS 4HE DISADVANTAGES OF A MEDICAL AID SCHEME ARE s )T IS EXPENSIVE AND FEES ARE ALWAYS INCREASING s )F AN EMPLOYEE HAS DEPENDANTS IN THE RURAL AREAS IT DOES NOT HELP TO HAVE MEDICAL AID BECAUSE THERE ARE NO PRIVATE HEALTH CARE FACILITIES s 4HERE ARE OFTEN MANY HIDDEN COSTS IN THE SCHEMES AND THE SCHEME MIGHT ONLY PAY A SMALL PERCENTAGE OF THE COSTS AND THE EMPLOYEE HAS TO PAY THE REST s 3OME SCHEMES SET LIMITS FOR BENEFITS FOR EXAMPLE A SCHEME COULD SET A LIMIT OF 2 PER YEAR FOR MEDICINES PRESCRIBED BY A DOCTOR FOR A SINGLE MEMBER )F THE MEMBER NEEDS TO BUY MORE THAN 2 WORTH OF MEDICINES IN A YEAR SHE OR HE WILL HAVE TO PAY FOR ANY COSTS OF MEDICINES ABOVE THIS LIMIT s 3OME MEDICAL COSTS ARE COMPLETELY EXCLUDED FROM MEDICAL AID SCHEMES %MPLOYEES MUST THEN PAY FOR THESE COSTS THEMSELVES EVEN THOUGH THEY ARE PAYING INTO THE MEDICAL AID FUND EVERY MONTH
-%$)#!, 3#(%-%3 !#4 4HE -EDICAL 3CHEMES !CT .O OF HAS MADE THE FOLLOWING CHANGES TO MEDICAL AID SCHEMES s THERE MUST BE STANDARD RATE FEES FOR PEOPLE TO JOIN MEDICAL AID SCHEMES REGARDLESS OF THEIR HEALTH OR AGE s THERE CAN BE NO DISCRIMINATION ON GROUNDS OF PEOPLESg HEALTH FOR EXAMPLE REFUSING TO ALLOW A PERSON TO JOIN A MEDICAL AID SCHEME BECAUSE THEY ARE ()6 POSITIVE OR BECAUSE THEY HAVE ASTHMA OR DIABETES s THE DEFINITION OF DEPENDANTS INCLUDES SPOUSES HUSBAND OR WIFE AND NATURAL AND ADOPTED CHILDREN 4HIS MEANS THAT PEOPLE LIVING WITH ()6 OR !)$3 CAN NO LONGER BE TURNED AWAY FROM MEDICAL AID SCHEMES ON GROUNDS OF THEIR MEDICAL CONDITION 4HE MINIMUM MEDICAL BENEFITS INCLUDED FOR ()6 RELATED ILLNESSES INCLUDE HOSPITAL ADMISSIONS AS WELL AS NECESSARY MEDICAL TREATMENT 4HE TREATMENT FOR PEOPLE WITH !)$3 RELATED ILLNESSES ALSO CONTINUES UNTIL DEATH 4HE !CT ALSO SETS OUT A COMPLAINTS PROCEDURE FOR PEOPLE WHO HAVE A COMPLAINT AGAINST A MEDICAL AID SCHEME
3KILLS $EVELOPMENT !CT 4HE 3KILLS $EVELOPMENT !CT .O OF WAS PASSED IN ORDER TO DEVELOP AND IMPROVE THE SKILLS OF PEOPLE IN THE WORKPLACE 4HE !CT DOES THE FOLLOWING s PROVIDES A FRAMEWORK FOR THE DEVELOPMENT OF SKILLS OF PEOPLE AT WORK s BUILDS THESE DEVELOPMENT PLANSSTRATEGIES INTO THE .ATIONAL 1UALIFICATIONS &RAMEWORK s PROVIDES FOR LEARNERSHIPS THAT LEAD TO RECOGNISED OCCUPATIONAL QUALIFICATIONS s PROVIDES FOR THE FINANCING OF SKILLS DEVELOPMENT BY MEANS OF A LEVY GRANT SCHEME AND A .ATIONAL 3KILLS &UND 4HE $EPARTMENT OF ,ABOUR HAS PUBLISHED A GUIDE CALLED @!N EMPLOYERS GUIDE TO THE 3KILLS $EVELOPMENT ,EVY )F YOU NEED MORE INFORMATION CONTACT YOUR NEAREST ,ABOUR #ENTRE FOR A COPY
4(% .!4)/.!, 15!,)&)#!4)/.3 &2!-%7/2+ .1& 4HE .1& IS A PLAN FOR EDUCATION AND TRAINING 4HE AIM IS FOR PEOPLE TO CONTINUE ACCUMULATING QUALIFICATION CREDITS AS THEY LEARN AND WORK 4HE 3KILLS $EVELOPMENT !CT DEFINES THE FOLLOWING STRUCTURES TO IMPLEMENT THE .1& 3OUTH !FRICAN 1UALIFICATIONS !UTHORITY 3!1! n 4HIS IS THE BODY RESPONSIBLE FOR OVERSEEING THE DEVELOPMENT AND IMPLEMENTATION OF THE .1& AND IT IS ACCOUNTABLE TO THE $EPARTMENTS OF ,ABOUR AND OF %DUCATION 3!1! ESTABLISHES .ATIONAL 3TANDARDS "ODIES 3TANDARDS 'ENERATING "ODIES AND %DUCATION AND 4RAINING 1UALITY !SSURERS .ATIONAL 3TANDARDS "ODIES .3" n 4HESE BODIES SET STANDARDS ABOUT WHAT NEEDS TO BE LEARNT IN ONE PARTICULAR FIELD OF LEARNING 3!1! HAS ESTABLISHED FIELDS OF LEARNING SUCH AS !GRICULTURE #OMMUNICATION -ANUFACTURING EACH WITH OWN SUB FIELDS 3TANDARDS 'ENERATING "ODIES 3'"S n !N 3'" DEVELOPS STANDARDS CALLED UNIT STANDARDS AND QUALIFICATIONS IN A PARTICULAR SUB FIELD OF LEARNING %DUCATION AND 4RAINING 1UALITY !SSURERS n !NYONE WHO WANTS TO PROVIDE EDUCATION AND TRAINING WILL HAVE TO BE APPROVED BY AN %DUCATION AND 4RAINING 1UALITY !SSURER %DUCATION AND 4RAINING 1UALITY !SSURERS WILL ISSUE QUALIFICATION CERTIFICATES TO LEARNERS 3ECTOR %DUCATION AND 4RAINING !UTHORITIES 3%4!S n %ACH SEPARATE ECONOMIC SECTOR HAS ONE 3%4! 4HERE ARE 3%4!S ALTHOUGH THE GOVERNMENT IS WANTING TO CONSOLIDATE A NUMBER OF THESE WHICH MEANS THERE WOULD BE FEWER 3%4!S WHICH COVER ALL WORK SECTORS IN 3OUTH !FRICA INCLUDING GOVERNMENT SECTORS !LL EMPLOYERS MUST CHOOSE WHICH 3%4! THEIR BUSINESS FALLS UNDER 7ITHIN ITS OWN SECTOR 3%4! MUST DEVELOP AND IMPLEMENT A SKILLS DEVELOPMENT PLAN INCLUDING WORKPLACE SKILLS DEVELOPMENT PLANS ACT AS THE %DUCATION AND 4RAINING 1UALITY !SSURER AND PAY OUT 3KILLS $EVELOPMENT 'RANTS
4(% 3+),,3 $%6%,/0-%.4 ,%69 '2!.4 3#(%-% 4HE 3KILLS $EVELOPMENT ,EVY WAS ESTABLISHED UNDER THE 3KILLS $EVELOPMENT !CT ! LEVY IS AN AMOUNT OF MONEY THAT EMPLOYERS HAVE TO PAY TO THE 3OUTH !FRICAN 2EVENUE 3ERVICE 3!23 FOR SKILLS DEVELOPMENT OF EMPLOYEES )F EMPLOYEES UNDERGO TRAINING THEN THE EMPLOYER CAN CLAIM THIS AMOUNT BACK FROM THE RELEVANT 3%4!
0!9).' 4(% 3+),,3 $%6%,/0-%.4 ,%69 !N EMPLOYER MUST PAY A SKILLS DEVELOPMENT LEVY EVERY MONTH IF s THE EMPLOYER HAS REGISTERED THE EMPLOYEES WITH 3!23 FOR TAX PURPOSES 0!9% ANDOR
s THE EMPLOYER PAYS OVER 2 A YEAR IN SALARIES AND WAGES TO THEIR EMPLOYEES EVEN IF THEY ARE NOT REGISTERED FOR 0!9% WITH 3!23 s !N EMPLOYER MUST PAY OF THE TOTAL AMOUNT PAID IN SALARIES TO EMPLOYEES INCLUDING OVERTIME PAYMENTS LEAVE PAY BONUSES COMMISSIONS AND LUMP SUM PAYMENTS 4HE EMPLOYER MUST REGISTER WITH 3!23 AND PAY THE LEVY MONTHLY 3!23 WILL SUPPLY THE CORRECT FORMS TO FILL IN 3$, RETURN FORM 4HE LEVY MUST BE PAID TO 3!23 NOT LATER THAN DAYS AFTER THE END OF EVERY MONTH
(/7 !2% 4(% ,%6)%3 53%$ 4HE LEVIES PAID TO 3!23 ARE PUT IN A SPECIAL FUND OF THE MONEY FROM THIS FUND WILL BE DISTRIBUTED TO THE DIFFERENT 3%4!S AND THE OTHER WILL BE PAID INTO THE .ATIONAL 3KILLS &UND 4HE 3%4!S WILL THEN PAY GRANTS TO EMPLOYERS WHO APPOINT A 3KILLS $EVELOPMENT &ACILITATOR 4HE .ATIONAL 3KILLS &UND WILL FUND SKILLS DEVELOPMENT PROJECTS THAT DONgT FALL UNDER THE 3%4!S
'%44).' ! 3+),,3 $%6%,/0-%.4 '2!.4 !N EMPLOYER CAN GET MONEY BACK FROM THE 3%4! OR THE .ATIONAL 3KILLS &UND TO USE ON TRAINING AND DEVELOPING THEIR OWN EMPLOYEESg SKILLS 4O QUALIFY FOR A 3KILLS $EVELOPMENT 'RANT AN EMPLOYER MUST s HAVE PAID SKILLS DEVELOPMENT LEVIES s HAVE A 3KILLS $EVELOPMENT &ACILITATOR s FOLLOW ALL THE RULES AND REGULATIONS IN THE !CT !N EMPLOYER CAN GET BACK OR MORE OF THE LEVIES THEY PAID TO 3!23 4HESE GRANTS ARE CALLED 'RANTS ! " # AND $ 4HIS IS HOW THE GRANT SYSTEM WORKS 'RANT ! n 7HEN AN EMPLOYER APPOINTS AND REGISTERS A 3KILLS $EVELOPMENT &ACILITATOR THEN 'RANT ! IS PAID BACK TO THE EMPLOYER 4HIS IS OF THE LEVY PAID TO 3!23 BY THE EMPLOYER %MPLOYERS CAN ONLY GET 'RANTS " # AND $ IF THEY HAVE GOT 'RANT ! 'RANT " n 7HEN THE EMPLOYER SENDS IN A WORKPLACE SKILLS PLAN TO THE RELEVANT 3%4! AND THE 3%4! APPROVES THE PLAN THEN 'RANT " IS PAID 4HIS IS OF THE LEVY PAID TO 3!23 BY THE EMPLOYER %MPLOYERS CAN ONLY GET 'RANT # IF THEY HAVE GOT 'RANT " 'RANT # n 7HEN THE EMPLOYER SENDS AN ANNUAL TRAINING REPORT BASED ON THE APPROVED WORKPLACE SKILLS PLAN THEN 'RANT # IS PAID 4HIS IS OF THE LEVY PAID TO 3!23 BY THE EMPLOYER 'RANT $ n 3%4!S MAY PAY OUT GRANT $ FOR SPECIFIC SECTOR SKILLS INITIATIVES IN THE WORKPLACE 'RANT $ IS OF THE LEVY PAID TO THE &UND BY THE EMPLOYER )F EMPLOYERS DO NOT MEET THE REQUIREMENTS FOR RECOVERING A GRANT THEN THEY LOSE THE GRANT
3+),,3 $%6%,/0-%.4 &!#),)4!4/23 4HE 3KILLS $EVELOPMENT !CT MAKES PROVISION FOR THE EMPLOYMENT AND USE OF A 3KILLS $EVELOPMENT &ACILITATOR BY AN EMPLOYER 4HIS PERSON IS RESPONSIBLE FOR DEVELOPING AND PLANNING THE SKILLS DEVELOPMENT STRATEGY OF A BUSINESS FOR A SPECIFIC PERIOD 4HE 3KILLS $EVELOPMENT &ACILITATOR MUST DO THE FOLLOWING TASKS s HELP THE EMPLOYER AND EMPLOYEES TO DEVELOP A WORKPLACE SKILLS PLAN s SEND THE WORKPLACE SKILLS PLAN TO THE RELEVANT 3%4! s ADVISE THE EMPLOYER ON HOW TO IMPLEMENT THE WORKPLACE SKILLS PLAN s HELP THE EMPLOYER TO DRAFT AN ANNUAL TRAINING REPORT BASED ON THE WORKPLACE SKILLS PLAN
s ADVISE THE EMPLOYER ON THE REQUIREMENTS SET BY THE RELEVANT 3%4! s SERVE AS THE CONTACT PERSON BETWEEN THE EMPLOYER AND THE RELEVANT 3%4! !N EMPLOYER CAN APPOINT AN EMPLOYEE OR A FORMALLY CONTRACTED PERSON FROM OUTSIDE THE BUSINESS TO PERFORM THE FUNCTIONS OF A 3KILLS $EVELOPMENT &ACILITATOR
02/",%-3 -ONEY IS DEDUCTED FROM AN EMPLOYEEgS WAGES *ERRY IS A PETROL PUMP ATTENDANT WHO WORKS FOR 3PEEDY 'ARAGE (E COMES TO YOU WITH A PROBLEM (E IS IN CHARGE OF TAKING MONEY FROM THE OTHER PETROL PUMP ATTENDANTS AND OF GIVING THEM THEIR CHANGE !T THE END OF EVERY DAY THE MONEY IS CASHED UP BY THE CASHIER /N THE DAYS WHEN THE MONEY IS SHORT THIS IS NOTED IN A BOOK !T THE END OF THE WEEK ALL THESE SHORTAGES ARE COUNTED UP AND THE TOTAL AMOUNT IS DEDUCTED FROM *ERRYS WAGES &ROM THE PAY SLIPS THAT HE BRINGS TO YOU IT SEEMS THAT EVERY WEEK DEDUCTIONS ARE MADE FOR SHORTAGES
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT AN EMPLOYER CANNOT MAKE DEDUCTIONS FROM THE WAGES OF AN EMPLOYEE EXCEPT IN CERTAIN CIRCUMSTANCES 3EE PAGE $EDUCTIONS
7(!4 #!. 9/5 $/ 9OU CAN TAKE THE FOLLOWING STEPS &IND OUT WHETHER THE EMPLOYEE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION OR OTHER AGREEMENT ABOUT TERMS AND CONDITIONS OF EMPLOYMENT )N THIS CASE *ERRY IS COVERED BY THE "ARGAINING #OUNCIL !GREEMENT FOR THE MOTOR INDUSTRY 4HIS AGREEMENT SAYS THAT ANY DEDUCTIONS FROM WAGES ARE UNLAWFUL 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE #ONTACT THE MANAGER OF THE GARAGE AND ASK HIM OR HER FOR THE REASONS FOR THE DEDUCTIONS %XPLAIN THAT SUCH DEDUCTIONS ARE UNLAWFUL 1UOTE THE SECTION NUMBER FROM THE "ARGAINING #OUNCIL !GREEMENT 7RITE A LETTER TO THE EMPLOYER GIVING ALL THE DETAILS OF THE DEDUCTIONS THE WEEKS THE AMOUNTS DEDUCTED AND THE AMOUNT THE EMPLOYEE IS CLAIMING 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY )F THE EMPLOYER WILL NOT PAY BACK THE AMOUNTS OWING TO *ERRY WRITE A LETTER OF REFERRAL TO THE "ARGAINING #OUNCIL ASKING THEM TO INVESTIGATE THE PROBLEM %XPLAIN TO THEM WHAT STEPS YOU HAVE ALREADY TAKEN TO TRY AND SORT OUT THE PROBLEM 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM
%MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY &AIZEL LOST HIS JOB (E WAS DISMISSED WITHOUT ANY NOTICE AND PAID NO MONEY IN LIEU OF NOTICE (E WAS ALSO NOT PAID ANY LEAVE PAY THAT HE BELIEVES WAS OWING TO HIM (E DOES NOT WANT TO GET HIS JOB BACK (E ONLY WANTS TO CLAIM THE NOTICE AND LEAVE MONEY THAT IS OWING TO HIM
7(!4 $/%3 4(% ,!7 3!9 s &AIZEL HAS A RIGHT TO HIS NOTICE AND LEAVE MONEY IF THE DISMISSAL WAS UNFAIR (OWEVER THERE ARE CASES WHERE AN EMPLOYEE CAN BE SUMMARILY DISMISSED IN OTHER WORDS WITHOUT NOTICE OR PAYMENT IN LIEU OF NOTICE BUT THE EMPLOYER WILL HAVE TO PROVE THIS )N ALL CASES THE EMPLOYEE IS ENTITLED TO PAYMENT OF ANY OUTSTANDING LEAVE PAY s 4HE AMOUNT OF NOTICE AND LEAVE PAY OWING TO HIM DEPENDS ON WHICH WAGE REGULATING MEASURE HE FALLS UNDER 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE s )F &AIZEL WAS UNFAIRLY DISMISSED HE MAY BE ABLE TO CLAIM COMPENSATION FROM THE EMPLOYER 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
7(!4 #!. 9/5 $/ 9OU CAN TAKE THESE STEPS TO CLAIM THE MONEY OWING #HECK WHICH WAGE REGULATING MEASURE PROTECTS THIS PARTICULAR INDUSTRY IN OTHER WORDS WHETHER IT IS A "ARGAINING #OUNCIL !GREEMENT OR 7AGESECTORAL $ETERMINATION OR THE "ASIC #ONDITIONS OF %MPLOYMENT !CT AND WORK OUT WHAT AMOUNTS ARE OWING BY THE EMPLOYER TO &AIZEL FOR PAYMENT IN LIEU OF NOTICE AND OUTSTANDING LEAVE PAY 7RITE A LETTER TO THE EMPLOYER STATING &AIZELS CLAIM 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY )F THE EMPLOYER REFUSES TO PAY &AIZEL THE MONEY THAT IS OWING REFER HIM WITH A COVERING LETTER TO THE RELEVANT "ARGAINING #OUNCIL OR $EPARTMENT OF ,ABOUR !LTERNATIVELY POST THE LETTER 4HE LETTER MUST SAY EXACTLY WHAT THE CLAIM IS AND WHAT STEPS HAVE BEEN TAKEN TO SORT OUT THE PROBLEM )F THE EMPLOYER IS FOUND GUILTY OF NOT COMPLYING WITH THE "ARGAINING #OUNCIL !GREEMENT OR THE "#%! THE RELEVANT INSPECTOR CAN ORDER THE EMPLOYER TO PAY &AIZEL )F THE EMPLOYER REFUSES TO PAY HIM THE INSPECTOR CAN REFER THE MATTER TO THE $IRECTOR 'ENERAL OF ,ABOUR 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM &AIZEL HAS THE RIGHT TO BRING A PRIVATE CIVIL CLAIM AGAINST THE EMPLOYER EITHER IN THE 3MALL #LAIMS #OURT OR IN THE -AGISTRATEgS #OURT 3EE PAGE 3MALL #LAIMS #OURT 3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%! IF HE FALLS UNDER THE "#%! 0AGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION
%MPLOYEE IS PAID BELOW THE MINIMUM WAGE 4HABISO IS EMPLOYED BY &IX IT 4ILES 4HE COMPANY MAKES PLASTIC FLOOR TILES 3HE THINKS THAT THEY PAY HER LESS THAN THE MINIMUM WAGE WHICH THE LAW SAYS SHE SHOULD BE PAID 3HE WANTS TO KNOW IF THIS IS CORRECT
7(!4 $/%3 4(% ,!7 3!9 s #OLLECTIVE AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS SECTORAL DETERMINATIONS AND 7AGE $ETERMINATIONS MAY SET OUT MINIMUM WAGES 4HE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! DOES NOT LAY DOWN MINIMUM WAGES )F THE COMPANY IS ONLY COVERED BY THE "#%! THEN THERE IS NO MINIMUM WAGE THAT THEY HAVE TO PAY 4HABISO SO SHE WILL HAVE NO CLAIM s 4HABISO HAS THE RIGHT TO CLAIM THE WAGES THAT SHE WAS PROMISED WHEN SHE STARTED WORKING FOR THE COMPANY
7(!4 #!. 9/5 $/ s #HECK WHICH WAGE REGULATING MEASURE PROTECTS THE COMPANY THAT 4HABISO WORKS FOR FOR EXAMPLE A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION "#%! 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE s /NCE YOU HAVE ESTABLISHED THIS CHECK WHETHER THERE IS A MINIMUM WAGE FOR THE INDUSTRY )F SO FIND OUT WHAT THE MINIMUM WAGE SHOULD BE FOR 4HABISO )F SHE IS BEING UNDERPAID ACCORDING TO A "#! OR 7AGE $ETERMINATION YOU CAN TAKE THESE STEPS n 4ELEPHONE OR WRITE TO THE EMPLOYER AND ASK FOR DETAILS ON WHY 4HABISO IS BEING UNDERPAID AS THE LAW SAYS THAT A MINIMUM WAGE MUST BE PAID TO HER 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY n )F THE EMPLOYER CARRIES ON PAYING BELOW THE MINIMUM WAGE AND REFUSES TO TAKE ANY NOTICE OF YOUR REQUEST YOU SHOULD REFER THE PROBLEM IN WRITING TO THE "ARGAINING #OUNCIL IF IT IS AN "ARGAINING #OUNCIL !GREEMENT OR TO THE $EPARTMENT OF ,ABOUR IF IT IS A 7AGE $ETERMINATION 4HE LETTER MUST SAY EXACTLY WHAT THE CLAIM IS AND WHAT STEPS HAVE ALREADY BEEN TAKEN TO SORT OUT THE PROBLEM n %ACH "ARGAINING #OUNCIL AS WELL AS THE $EPARTMENT OF ,ABOUR HAS ITS OWN PROCEDURES FOR INVESTIGATING COMPLAINTS AND ENFORCING RIGHTS 4HE $EPARTMENT OF ,ABOUR WILL APPOINT AN INSPECTOR TO INVESTIGATE THE COMPLAINT )F THE INSPECTOR lNDS THE EMPLOYER HAS NOT COMPLIED WITH THE "#%! THE INSPECTOR CAN ORDER THE EMPLOYER TO PAY 4HABISO BY GIVING THE EMPLOYER A #OMPLIANCE /RDER )F THE EMPLOYER REFUSES TO PAY HER THE INSPECTOR CAN REFER THE MATTER TO THE $IRECTOR 'ENERAL OF ,ABOUR 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM n 4HABISO HAS THE RIGHT TO BRING A PRIVATE CIVIL CLAIM AGAINST THE EMPLOYER EITHER IN THE 3MALL #LAIMS #OURT OR IN THE -AGISTRATEgS #OURT s )F 4HABISO IS COVERED BY THE "#%! THEN THERE IS NO MINIMUM WAGE 4HERE IS NOTHING YOU CAN DO TO HELP HER 3EE PAGE 3UMMARY OF THE PROVISIONS IN THE "#%! IF HE FALLS UNDER THE "#%! 0AGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION
$ISMISSED EMPLOYEE WANTS THE JOB BACK n HOW TO APPLY FOR REINSTATEMENT OR COMPENSATION -AISIE IS DISMISSED FROM HER JOB FOR ONGOING LATENESS IN ARRIVING AT WORK 3HE SAYS THE DISMISSAL WAS UNFAIR BECAUSE SHE RELIES ON PUBLIC TRANSPORT AND SHE CANT HELP IT IF THE TRAINS ALWAYS RUN LATE 3HE WANTS TO GET HER JOB BACK
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT A PERSON WHO IS CONSTANTLY LATE FOR WORK WITHOUT GOOD REASON CAN BE DISMISSED ON GROUNDS OF MISCONDUCT OR INCAPACITY POOR PERFORMANCE )F -AISIE WAS DISMISSED FOR AN UNFAIR REASON SUBSTANTIVE UNFAIRNESS SHE MAY BE ABLE TO BE REINSTATED OR COMPENSATED )F SHE WAS DISMISSED FOR GOOD REASON BUT THE EMPLOYER DIDNgT FOLLOW THE PROPER PROCEDURES PROCEDURAL UNFAIRNESS IT IS MORE LIKELY THAT SHE WILL BE COMPENSATED BUT NOT REINSTATED 3EE PAGE 3UBSTANTIVE FAIRNESS PAGE 0ROCEDURAL UNFAIRNESS
7(!4 #!. 9/5 $/ &IND OUT WHETHER SHE REALLY DOES WANT TO BE REINSTATED IN THE SAME JOB OR CLAIM COMPENSATION FOR BEING UNFAIRLY DISMISSED 3OMETIMES AN EMPLOYEE WHO WAS UNFAIRLY DISMISSED DOES NOT WANT TO BE REINSTATED OR CLAIM COMPENSATION 4HE EMPLOYEE ONLY WANTS TO CLAIM OUTSTANDING MONEY FOR NOTICE LEAVE AND SO ON 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
4HE FOLLOWING IS AN OUTLINE OF THE PROCEDURE YOU CAN FOLLOW AFTER DISMISSAL OF AN EMPLOYEE )T SHOULD BE FOLLOWED IN ALL CASES WHERE AN EMPLOYEE IS DISMISSED AND WANTS TO BE REINSTATED OR AT LEAST COMPENSATED
$%4%2-).% 7(%4(%2 (%2 $)3-)33!, -!9 (!6% "%%. 5.&!)2 s !SK -AISIE TO DESCRIBE THE EVENTS LEADING UP TO DISMISSAL &OR EXAMPLE (OW OFTEN WAS SHE LATE 7HAT WERE HER REASONS (OW DID THIS IMPACT ON HER JOB 7AS THERE A HEARING ETC -AKE A NOTE OF ALL THE IMPORTANT DATES FOR EXAMPLE WHEN IF AT ALL SHE RECEIVED WARNINGS IN PARTICULAR NOTE THE DATE ON WHICH SHE WAS TOLD THAT SHE WAS DISMISSED 3EE PAGE 7HEN IS A DISMISSAL FAIR OR UNFAIR s !SK HER WHAT REASONS WERE GIVEN FOR HER DISMISSAL IF ANY 7HO DISMISSED HER s )F SHE WAS DISMISSED FOR MISCONDUCT ASK HER THE FOLLOWING QUESTIONS TO ESTABLISH THE SUBSTANTIVE AND PROCEDURAL FAIRNESS OF THE DISMISSAL n $ID SHE KNOW THE CONSEQUENCES OF BEING LATE n $O ALL PEOPLE WHO ARE LATE GET TREATED IN THE SAME WAY n 7HAT PREVIOUS WARNINGS OF MISCONDUCT HAS SHE HAD 7HEN WERE THEY GIVEN 7ERE THEY VERBAL OR WRITTEN 7HAT WERE THEY FOR 7HO HANDED OUT THE WARNINGS 3EE PAGE $ISMISSAL FOR MISCONDUCT s )F SHE WAS DISMISSED FOR INCAPACITY POOR PERFORMANCE ASK HER THE FOLLOWING QUESTIONS n 7HEN SHE WAS LATE WHAT IMPACT DID THIS HAVE ON HER PERFORMANCE AT WORK n 7AS SHE WARNED THAT HER LATENESS AT WORK WAS UNACCEPTABLE n 7AS SHE GIVEN THE CHANCE TO IMPROVE HER PERFORMANCE n 7AS SHE OFFERED ANY ALTERNATIVE OPTIONS FOR EXAMPLE STARTING WORK LATER AND WORKING IN HER LUNCH BREAK 3EE PAGE $ISMISSAL FOR INCAPACITY s 7AS SHE GIVEN A FAIR HEARING BEFORE BEING DISMISSED !SK THE FOLLOWING QUESTIONS n 7AS SHE GIVEN PROPER NOTICE OF THE HEARING BEFORE BEING DISMISSED n 7AS SHE TOLD WHAT THE CHARGES WERE AGAINST HER n $ID SHE GET A CHANCE TO PREPARE FOR THE HEARING 3EE PAGE 0ROCEDURAL FAIRNESS )F THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS g./g THEN THE DISMISSAL OF -AISIE MAY BE UNFAIR AND SHE SHOULD BE ABLE TO CHALLENGE IT )F SHE STILL WANTS TO GET HER JOB BACK THEN YOU CAN TAKE THE NEXT STEPS
#(!,,%.').' 4(% $)3-)33!, 2EFER THE UNFAIR DISMISSAL DISPUTE TO THE RELEVANT BODY FOR CONCILIATION s "ARGAINING #OUNCIL IF SHE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT s )F SHE IS COVERED BY A COLLECTIVE AGREEMENT SHE MUST FOLLOW THE DISPUTE RESOLUTION PROCEDURE IN THE AGREEMENT s OTHERWISE REFER THE MATTER TO THE ##-! 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
2ETRENCHMENT ! NUMBER OF EMPLOYEES ARE RETRENCHED FROM A LARGE PAPER FACTORY 4HEY ARE UNHAPPY ABOUT THE WAY THEY WERE TREATED -ANY OF THEM HAVE OVER TEN YEARS SERVICE WITH THE BUSINESS
7(!4 $/%3 4(% ,!7 3!9 4HE ,ABOUR 2ELATIONS !CT SAYS THAT A RETRENCHED EMPLOYEE MUST BE PAID AT LEAST WEEKgS WAGES FOR EVERY FULL YEAR THAT THE EMPLOYEE WORKED FOR THE EMPLOYER 4HIS SEVERANCE PAY IS MONEY PAID TO AN EMPLOYEE FOR LOSING A JOB WHEN THE EMPLOYEE IS NOT AT FAULT )F EMPLOYEES WERE NOT PAID SEVERANCE PAY OR WERE PAID TOO LITTLE THEY HAVE A CLEAR RIGHT WHICH MUST BE ENFORCED 4HE ,2! SETS DOWN RULES FOR EMPLOYERS WHO WANT TO RETRENCH EMPLOYEES )F THE EMPLOYER DOES NOT FOLLOW THESE RULES THEN THE EMPLOYER CAN BE GUILTY OF AN UNFAIR DISMISSAL 4HE ,ABOUR #OURT WILL NOT READILY REINSTATE EMPLOYEES WHO WERE RETRENCHED IF THE EMPLOYER CAN SHOW THAT IT WAS ABSOLUTELY NECESSARY TO RETRENCH THOSE EMPLOYEES "UT IF THE EMPLOYER DID NOT FOLLOW THE CORRECT PROCEDURES THE ,ABOUR #OURT CAN ORDER THE EMPLOYER TO PAY COMPENSATION MONEY TO THE EMPLOYEES 3EE PAGE 2ETRENCHMENT OR REDUNDANCY DISMISSAL FOR THE REASONS AND PROCEDURES EMPLOYERS MUST FOLLOW BEFORE RETRENCHMENT
7(!4 #!. 9/5 $/ &IND OUT FROM THE EMPLOYEES IF THEY WANT THEIR JOBS BACK OR TO GET COMPENSATION FOR LOSING THEIR JOBS OR IF THEY ONLY WANT TO CLAIM SEVERANCE PAY #ONSIDER ALL THE GUIDELINES FOR RETRENCHMENT GIVEN ABOVE 9OU MAY BELIEVE THAT THE RETRENCHMENT WAS UNFAIR OR THAT THE PROCEDURE THE EMPLOYER USED TO RETRENCH THE EMPLOYEES WAS NOT CORRECT 4HE MATTER MUST FIRST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION 3EE PAGE #ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL
)& #/.#),)!4)/. )3 5.35##%33&5, )F THE EMPLOYEES WANT SEVERANCE PAY THEN THE CASE MUST BE REFERRED TO THE ##-! FOR ARBITRATION )F EMPLOYEES WANT COMPENSATION OR TO GET THEIR JOBS BACK THEN THE MATTER MUST BE REFERRED TO THE ,ABOUR #OURT FOR ADJUDICATION 3EE PAGE !RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL PAGE !DJUDICATION BY THE ,ABOUR #OURT
%MPLOYEE DISMISSED FOR BEING DRUNK ON DUTY n WITH NO PREVIOUS RECORD OF DRUNKENNESS 3MUTS CLAIMS THAT HE WAS DISMISSED FOR BEING DRUNK ON DUTY (E SAYS THIS IS UNFAIR BECAUSE HE DENIES BEING DRUNK ON DUTY (E SAYS HE HAS NO RECORD OF MISCONDUCT AND ESPECIALLY NOT DRINKING (E ALSO SAYS HE WAS NOT GIVEN A HEARING BEFORE BEING DISMISSED (E WANTS YOU TO HELP HIM GET HIS JOB BACK 7HEN YOU TELEPHONE THE MANAGER 0ETER HE SAYS THAT HE HAS WITNESSES WHO SAW 3MUTS DRUNK ON DUTY 7HEN YOU ASK HIM WHY HE DID NOT GIVE 3MUTS A DISCIPLINARY HEARING 0ETER SAYS THAT THERE WAS NO WAY HE COULD HAVE GIVEN 3MUTS A HEARING n HE WAS TOO DRUNK AT THE TIME 3MUTS ADMITS THAT HE HAD BEEN DRINKING THE NIGHT BEFORE BUT HE HAD NOT DRUNK ANYTHING ON THE DAY THAT HE WAS DISMISSED
7(!4 $/%3 4(% ,!7 3!9 s "EING DRUNK ON DUTY IS AN ACT OF MISCONDUCT SO PROPER DISCIPLINARY PROCEDURES MUST BE USED TO WORK OUT WHETHER THE EMPLOYEE IS GUILTY OF BEING DRUNK ON DUTY AND TO DISCIPLINE THE EMPLOYEE s 4O DETERMINE WHETHER THE EMPLOYEE WAS DRUNK ON DUTY DOES NOT DEPEND ON THE EMPLOYER GIVING THE EMPLOYEE A BREATHALYSER TEST 4HIS ONLY MEASURES THE CONTENT OF THE ALCOHOL IN THE BLOOD 4HE BREATHALYSER TEST DOES NOT SAY WHETHER THE EMPLOYEE WAS DRUNK OR UNDER THE INFLUENCE OF ALCOHOL 9OU CAN ONLY WORK THIS OUT BY OBSERVING THE EMPLOYEEgS BEHAVIOUR 4HE EMPLOYEEgS BEHAVIOUR WILL TELL THE EMPLOYER WHETHER THE EMPLOYEE WAS TOO DRUNK TO CARRY OUT HIS OR HER JOB 4HE EMPLOYER WILL HAVE TO SAY HOW THE EMPLOYEEgS BEHAVIOUR SHOWED HE WAS TOO DRUNK TO CARRY ON WORKING &OR EXAMPLE DID THE EMPLOYEE SMELL OF ALCOHOL COULD THE EMPLOYEE WALK STRAIGHT WAS THE SPEECH SLURRED WERE THE EYES BLOODSHOT HOW RATIONAL OR IRRATIONAL WAS THE EMPLOYEE BEING WAS THE EMPLOYEE ACTING IN A STRANGE WAY WAS THE EMPLOYEE BEING AGGRESSIVE INSOLENT OR LOUD s 0ETER SHOULD NOT HAVE DISMISSED 3MUTS WITHOUT FIRST APPLYING CORRECTIVE AND PROGRESSIVE DISCIPLINE WITH THE AIM OF CORRECTING THE PROBLEM (E SHOULD HAVE FIRST GIVEN HIM A WARNING )F THE PROBLEM REPEATED ITSELF HE SHOULD HAVE INSTITUTED OTHER CORRECTIVE MEASURES LIKE COUNSELLING s 0ETER ALSO DID NOT FOLLOW A FAIR PROCEDURE TO DISMISS 3MUTS INCLUDING GIVING HIM FAIR NOTICE OF A DISCIPLINARY HEARING AND HOLDING THE HEARING 3EE PAGE $ISMISSAL FOR MISCONDUCT
7(!4 #!. 9/5 $/ 4HIS APPEARS TO BE A CLEAR CASE OF UNFAIR DISMISSAL 7RITE TO THE EMPLOYER DEMANDING THAT 3MUTS BE REINSTATED 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT )F 0ETER DOES NOT RESPOND TO THE LETTER ANDOR CONTINUES TO REFUSE TO GIVE 3MUTS HIS JOB BACK YOU CAN REFER AN UNFAIR DISMISSAL DISPUTE TO THE RELEVANT BODY WITHIN DAYS OF 3MUTS BEING DISMISSED s THE "ARGAINING #OUNCIL IF 3MUTS IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT s IF HE IS COVERED BY A COLLECTIVE AGREEMENT FOLLOW THE DISPUTE RESOLUTION PROCEDURE IN THE AGREEMENT s OTHERWISE REFER THE MATTER TO THE ##-! 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
%MPLOYEE DISMISSED FOR BEING DRUNK ON DUTY n THE EMPLOYEE IS SUFFERING FROM ALCOHOLISM -ANUEL AN EMPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY "ENNET THE MANAGER TELLS YOU THAT THIS IS NOT THE FIRST TIME THAT -ANUEL HAS BEEN DRUNK ON DUTY /N AT LEAST OCCASIONS IN THE PAST MONTHS THEY HAVE FOUND HIM PASSED OUT AT HIS DESK n TOO DRUNK TO MOVE (E WAS GIVEN DISCIPLINARY WARNINGS ON ALL THREE OCCASIONS "ENNET SAYS THIS IS THE @LAST STRAW AND HE DOES NOT WANT -ANUEL BACK
7(!4 $/%3 4(% ,!7 3!9 s )F THE EMPLOYEE OFTEN GETS DRUNK AND CANNOT DO THE JOB THEN THE EMPLOYEE MIGHT BE SUFFERING FROM ALCOHOLISM !LCOHOLISM IS A SICKNESS SO IF AN EMPLOYEE IS AN ALCOHOLIC THEN BEING DRUNK ON DUTY IS NOT MISCONDUCT BUT RATHER INCAPACITY IN OTHER WORDS THE EMPLOYEE IS INCAPABLE OF DOING THE JOB PROPERLY
s !LCOHOLISM IS RECOGNISED AS AN ILLNESS IN TERMS OF THE 5NEMPLOYMENT )NSURANCE !CT 4HIS !CT PROVIDES BENEFITS FOR ALCOHOLICS WHO ARE UNABLE TO WORK BECAUSE OF THEIR ILLNESS AS LONG AS THEY AGREE TO UNDERGO TREATMENT s "EFORE DISMISSING THE EMPLOYEE FOR INCAPACITY THE EMPLOYER MUST COUNSEL THE EMPLOYEE AND ASSIST HIM OR HER WITH GETTING MEDICAL TREATMENT IF NECESSARY s /NLY IF THE EMPLOYEEgS CONDITION DOES NOT IMPROVE OR THE EMPLOYEEgS ABILITY TO DO THE JOB PROPERLY DOES NOT IMPROVE SHOULD THE EMPLOYER THINK OF DISMISSING HIM OR HER s 4HE EMPLOYER MUST STILL BE ABLE TO PROVE THAT THERE WAS A FAIR REASON AND A FAIR HEARING BEFORE THE EMPLOYEE IS DISMISSED 3EE PAGE 7HEN IS A DISMISSAL FAIR OR UNFAIR
7(!4 #!. 9/5 $/ s &IND OUT FROM -ANUEL WHETHER IT IS TRUE THAT HE HAS BEEN GIVEN WARNINGS FOR BEING DRUNK ON DUTY s &IND OUT WHETHER HE RECEIVED ANY COUNSELLING FOR gPERSISTENT ALCOHOLIC TENDENCIESg s $ID -ANUEL HAVE A HEARING BEFORE BEING DISMISSED s )F THERE WAS NO COUNSELLING AND NO HEARING BEFORE BEING DISMISSED AND THE EMPLOYER REFUSES TO TAKE -ANUEL BACK THEN YOU SHOULD DECLARE A DISPUTE WITH THE EMPLOYER &OLLOW THE NORMAL STEPS FOR REINSTATEMENT TO GET HIS JOB BACK FOR HIM 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
#ONTRACT EMPLOYEES ARE DISMISSED BEFORE THE CONTRACT IS DUE TO TERMINATE *OE AND FIVE OTHER EMPLOYEES HAVE BEEN EMPLOYED BY A SUB CONTRACTING COMPANY 4HE EMPLOYER FROM THE COMPANY WHO HIRED THEM TOLD THE CONTRACTING EMPLOYEES THE CONTRACT WOULD RUN FOR WEEKS !FTER TWO WEEKS *OE AND ONE OTHER EMPLOYEE ARE PAID FOR THE WORK THEY HAVE DONE AND TOLD THAT THE FIRM NO LONGER NEEDS THEM FOR THE THIRD WEEK
7(!4 $/%3 4(% ,!7 3!9 *OE AND THE OTHER EMPLOYEES ENTERED INTO A THREE WEEK CONTRACT AND BOTH PARTIES ARE BOUND BY THIS CONTRACT OF EMPLOYMENT *OE AND THE OTHER EMPLOYEE HAVE BEEN UNFAIRLY DISMISSED 4HEY CAN CHALLENGE THE DISMISSAL IN TERMS OF THE ,ABOUR 2ELATIONS !CT ,2! 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
7(!4 #!. 9/5 $/ 9OU CAN HELP *OE AND HIS CO EMPLOYEE REFER THE CASE TO THE ##-! OR A "ARGAINING #OUNCIL FOR CONCILIATION MEDIATION 3EE PAGE 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL PAGE 3OLVING DISPUTES UNDER THE ,2!
#ONTRACT EMPLOYEES ARE NOT PAID OVERTIME 3HEZI IS EMPLOYED BY A SUB CONTRACTING COMPANY 4HE COMPANY HAS HIRED HER SERVICES OUT TO A FARMER WHERE SHE WORKS AS A PICKER !FTER TWO WEEKS OF WORKING ON THE FARM 3HEZI HAS NOT BEEN PAID FOR ANY OF THE OVERTIME SHE HAS WORKED 7HEN SHE ASKS THE FARMER FOR HER OVERTIME MONEY HE TELLS HER HE AGREED TO PAY A FLAT RATE TO THE SUB CONTRACTOR AND HE DOES NOT HAVE TO PAY ANY OVERTIME (E TELLS HER TO GO TO THE SUB CONTRACTOR 3HE GOES TO THE SUB CONTRACTOR WHO TELLS HER THAT THE OVERTIME HAS GOT NOTHING TO DO WITH HIM n SHE MUST GET PAYMENT FROM THE FARMER
7(!4 $/%3 4(% ,!7 3!9 3HEZI IS ENTITLED TO BE PAID OVERTIME IN TERMS OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! 3HE CAN CHOOSE TO CLAIM THIS EITHER FROM THE FARMER OR FROM THE SUB CONTRACTOR 4HE FARMER MUST OBVIOUSLY PAY THIS OVERTIME n HE CAN EITHER PAY THIS TO 3HEZI OR TO THE SUB CONTRACTOR WHO MUST PAY IT TO 3HEZI )F 3HEZI CLAIMS THE MONEY FROM THE SUB CONTRACTOR HE MUST PAY HER AND THEN CLAIM THE MONEY FROM THE FARMER BY REPORTING HIM TO THE $EPARTMENT OF ,ABOUR
7(!4 #!. 9/5 $/ 9OU CAN WRITE A LETTER TO THE FARMER AND THE SUB CONTRACTOR SETTING OUT 3HEZIS RIGHT TO OVERTIME PAY IN TERMS OF THE "#%! )F THE FARMER AND THE SUB CONTRACTOR REFUSE TO PAY THEN 3HEZI CAN REPORT EITHER THE SUB CONTRACTOR OR THE FARMER TO THE $EPARTMENT OF ,ABOUR )F 3HEZI MAKES A CLAIM AGAINST THE SUB CONTRACTOR THEN THE SUB CONTRACTOR CAN REPORT THE CASE TO THE $EPARTMENT OF ,ABOUR
#ASUAL EMPLOYEE IS NOT PAID SICK LEAVE &OR THE PAST YEAR 'ADIJA HAS WORKED EVERY 3ATURDAY AND 3UNDAY AS A CASUAL SHELF PACKER FOR 3HOPRITE 3HE WORKS UP TO HOURS ON A WEEKEND 3HE HAD A BAD FLU OVER ONE WEEKEND INFORMED HER MANAGER THAT SHE WAS TOO ILL TO WORK AND STAYED IN BED AT HOME %VEN THOUGH SHE PROVIDED A DOCTORS CERTIFICATE 3HOPRITE REFUSED TO PAY HER FOR THE DAYS SHE WAS ILL
7(!4 $/%3 4(% ,!7 3!9 'ADIJA IS PROTECTED BY THE "#%! WHICH SAYS THAT AN EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH EARNS ONE DAY SICK LEAVE FOR EVERY DAYS WORKED 3EE PAGE "#%! n 3ICK LEAVE
7(!4 #!. 9/5 $/ 7RITE A LETTER TO THE EMPLOYER SETTING OUT THE CIRCUMSTANCES AND STATING WHAT THE LAW SAYS ABOUT CASUAL EMPLOYEES AND SICK LEAVE 2EFER THEM TO THE RELEVANT SECTION IN THE "#%! )F THE EMPLOYER IGNORES THE LETTER REFER THE MATTER TO THE $EPARTMENT OF ,ABOUR
#ONTRACT EMPLOYEES CONTRACT HAS NOT BEEN RENEWED &OR THE PAST NINE MONTHS 4HAMI HAS BEEN EMPLOYED ON A THREE MONTH CONTRACT WHICH HAS BEEN RENEWED TWICE !T THE END OF THE THIRD THREE MONTH PERIOD HE IS TOLD THAT THE COMPANY WILL NOT BE RENEWING THE CONTRACT (OWEVER THE COMPANY EMPLOYS SOMEONE ELSE TO DO EXACTLY THE SAME JOB AS 4HAMI
7(!4 $/%3 4(% ,!7 3!9 "Y RENEWING 4HAMIS CONTRACT TWICE THE COMPANY HAS CREATED A REASONABLE EXPECTATION THAT THE CONTRACT WILL BE RENEWED AGAIN "Y ASKING 4HAMI TO LEAVE BECAUSE HIS CONTRACT IS UP WHILE REPLACING HIM WITH SOMEONE ELSE THIS MEANS THAT 4HAMI HAS IN FACT BEEN UNFAIRLY DISMISSED 4HIS IS AN UNFAIR DISMISSAL WHICH IS COVERED BY THE ,ABOUR 2ELATIONS !CT ,2! 4HAMI CAN CHALLENGE THE DISMISSAL IN TERMS OF THE ,2! 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
7(!4 #!. 9/5 $/ 9OU CAN HELP 4HAMI FIRST BY WRITING A LETTER TO THE EMPLOYER STATING THAT HE BELIEVES HE HAS BEEN UNFAIRLY DISMISSED )F THE EMPLOYER REFUSES TO REINSTATE HIM THEN YOU CAN HELP 4HAMI TO APPLY FOR REINSTATEMENT OR COMPENSATION THROUGH THE ##-! OR A "ARGAINING #OUNCIL 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK PAGE 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL 0AGE 3OLVING DISPUTES UNDER THE ,2!
!PPLICATION FOR 5)& BENEFITS IS TOO LATE )RIS WORKED AS A COOK AT THE ,ATE .ITE 2ESTAURANT FOR YEARS 3HE PAID INTO THE 5NEMPLOYMENT )NSURANCE &UND 5)& FOR YEARS 3HE IS DISMISSED FROM HER WORK ON &EBRUARY /N !UGUST SHE GOES TO THE $EPARTMENT OF ,ABOUR TO APPLY FOR UNEMPLOYMENT BENEFITS 3IX WEEKS LATER THEY TELL HER THAT SHE WILL GET NO BENEFITS BECAUSE HER APPLICATION IS TOO LATE 3HE COMES TO YOU FOR HELP
7(!4 $/%3 4(% ,!7 3!9 4HE 5NEMPLOYMENT )NSURANCE !CT SETS DOWN VERY STRICT RULES ABOUT TIME FOR APPLYING FOR BENEFITS 9OU GET MONTHS FROM THE TIME THAT YOU STOP WORKING TO APPLY FOR 5)& BENEFITS 3EE PAGE 5NEMPLOYMENT BENEFITS
7(!4 #!. 9/5 $/ 9OU MUST FIRST WORK OUT IF )RISgS APPLICATION IS LATE &IRST TAKE THE DATE )RIS WAS DISMISSED &EBRUARY 4HEN TAKE THE DATE SHE MADE HER APPLICATION !UGUST 7ORK OUT THE NUMBER OF MONTHS BETWEEN THESE TWO DATES &ROM &EBRUARY TO !UGUST MONTHS DAYS !CCORDING TO THE LAW )RIS IS TOO LATE TO APPLY FOR UNEMPLOYMENT BENEFITS 4HERE IS NOTHING YOU CAN DO TO HELP HER )T DOES NOT MATTER WHAT THE EXCUSES ARE FOR EXAMPLE THAT SHE DID GO TO THE OFFICE BUT SHE WAS FIRST TOLD TO GO AND LOOK FOR WORK )T WILL NOT HELP TO APPEAL AGAINST THE DECISION OF THE 5NEMPLOYMENT )NSURANCE "OARD
%MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5NEMPLOYMENT )NSURANCE &UND *ACKS EMPLOYER DID NOT REGISTER HIM AS A CONTRIBUTOR WITH THE 5NEMPLOYMENT )NSURANCE &UND 5)& 4HIS MEANS HE DID NOT PAY ANY CONTRIBUTION TO THE &UND
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS ALL EMPLOYERS MUST REGISTER ALL EMPLOYERS WITH THE 5NEMPLOYMENT )NSURANCE &UND AS SOON AS THEY START WORKING FOR THEM !N EMPLOYER MUST ALSO PAY OF AN EMPLOYEES WAGESALARY TO THE &UND EVERY MONTH IS DEDUCTED FROM THE EMPLOYEES SALARY AND IS PAID BY THE EMPLOYER 3EE PAGE (OW DO EMPLOYEES BECOME CONTRIBUTORS TO 5)&
7(!4 #!. 9/5 $/ *ACK MUST GO TO THE $EPARTMENT OF ,ABOUR AND REGISTER FOR UNEMPLOYMENT BENEFITS 4HE $EPARTMENT WILL DISCOVER THAT *ACKS EMPLOYER HAS NOT REGISTERED HIM AS A CONTRIBUTOR 4HEY WILL INVESTIGATE AND TAKE ACTION AGAINST THE EMPLOYER 4HE EMPLOYER WILL HAVE TO MAKE BACK PAYMENTS TO MAKE UP THE MONEY THAT SHOULD HAVE BEEN PAID TO THE &UND
&AILING TO SIGN THE 5NEMPLOYMENT REGISTER *ACK FINALLY MANAGES TO GET HIS APPLICATION FOR UNEMPLOYMENT BENEFITS ACCEPTED 7HEN HE RECEIVES THE FIRST CHEQUE HE IS TOLD TO COME AND SIGN THE UNEMPLOYMENT REGISTER EVERY WEEKS (E DOES THIS EVERY MONTH BUT MISSES ONE MONTH (E IS NOT PAID FOR THE TIME HE DID NOT SIGN THE REGISTER )S HE ENTITLED TO GET BENEFITS FOR THE TIME HE DID NOT SIGN THE REGISTER
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT ANYONE WHO HAS APPLIED FOR UNEMPLOYMENT BENEFITS MUST SIGN THE REGISTER TO SHOW THAT SHE OR HE IS STILL UNEMPLOYED AND LOOKING FOR WORK "UT IF THE EMPLOYEE CAN SHOW THAT SHE OR HE WAS NOT ABLE TO SIGN FOR A GOOD REASON FOR EXAMPLE BECAUSE OF BEING ILL AND IF THE EMPLOYEE WAS UNEMPLOYED DURING THAT PERIOD AND AVAILABLE FOR WORK THEN HE OR SHE SHOULD BE PAID FOR THE PERIOD NOT SIGNED )F THE EMPLOYEE WAS NOT ABLE TO SIGN BECAUSE OF BEING ILL SHE OR HE WILL HAVE TO PRODUCE A DOCTORgS LETTER )F THE EMPLOYEE DID NOT SIGN BECAUSE HE OR SHE WAS AWAY LOOKING FOR WORK THIS MIGHT NOT BE ACCEPTED AS A GOOD ENOUGH REASON NOT TO SIGN 4HE EMPLOYEE WILL HAVE TO RE REGISTER FOR 5)& BENEFITS AND START ALL OVER AGAIN 3EE PAGE 5NEMPLOYMENT BENEFITS
7(!4 #!. 9/5 $/ 9OU CAN WRITE A LETTER OF APPEAL TO THE $EPARTMENT OF ,ABOUR OFFICE IN YOUR AREA )F NO MONEY WAS PAID OUT AT ALL BECAUSE THE PERSON DID NOT SIGN THE REGISTER MORE THAN ONCE YOU CAN SEND A LETTER TO THE ,ABOUR HEAD OFFICE IN YOUR AREA ASKING THEM TO INVESTIGATE WHY NO BENEFITS WERE PAID AT ALL AND TO PAY OUT THE MONEY OWING TO THE APPLICANT 3EE PAGE 5)& APPEALS PAGE -ODEL LETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)& PAGE 2ESOURCES FOR ADDRESSES PAGE -ODEL LETTER TO 5)& BECAUSE BENEFITS HAVE NOT BEEN PAID
,ONG DELAY IN PAYING #OMPENSATION :AMA WORKED FOR A DELIVERY FIRM /N THE -ARCH ON HIS WAY TO DROP OFF AN ORDER HE WAS INVOLVED IN A MOTOR ACCIDENT (E SUFFERED SEVERE INJURIES IN THE ACCIDENT 7HEN HE WENT BACK TO WORK AFTER BEING IN HOSPITAL FOR WEEKS HIS EMPLOYER TOLD HIM THAT THERE WAS NO LONGER ANY WORK FOR HIM )T IS NOW A YEAR AFTER THE ACCIDENT HAPPENED :AMA STILL HAS NOT RECEIVED ANY #OMPENSATION (IS EMPLOYER HAS NOT PAID HIM ANYTHING SINCE THE DATE OF THE ACCIDENT :AMA STILL HAS NOT RECEIVED ANY #OMPENSATION (IS EMPLOYER HAS NOT PAID HIM ANYTHING SINCE THE DATE OF THE ACCIDENT
7(!4 $/%3 4(% ,!7 3!9 :AMAgS ACCIDENT HAPPENED DURING THE gCOURSE AND SCOPE OF HIS DUTIESg SO HE IS COVERED BY THE #OMPENSATION &UND 3EE PAGE 7HO CAN CLAIM COMPENSATION FROM THE &UND 4HE EMPLOYER MUST REPORT THE ACCIDENT TO THE #OMPENSATION &UND ON &/2- 7#, AS SOON AS IT HAPPENS 4HE DOCTOR MUST FILL IN &/2- 7#, AFTER THE FIRST VISIT BY THE INJURED EMPLOYEE 3EE PAGE 3TEPS TO CLAIM DISABILITY !N EMPLOYER HAS TO PAY COMPENSATION THAT HE WOULD NORMALLY RECEIVE FROM THE #OMMISSIONER TO THE INJURED EMPLOYEE FOR THE FIRST MONTHS FROM THE DATE OF THE OCCUPATIONAL INJURY 4HE #OMPENSATION &UND WILL REPAY THE EMPLOYER FOR THE MONEY THAT WAS PAID
4HE EMPLOYER ALSO OWES :AMAgS WAGES NOTICE PAY AND ANY OUTSTANDING LEAVE PAY 4HE EMPLOYER SHOULD ALSO HAVE FOLLOWED CERTAIN PROCEDURES TO DISMISS HIM AND HAVE HAD A GOOD REASON TO DISMISS HIM 3EE PAGE "#%! .OTICE PAGE $ISMISSALS
7(!4 #!. 9/5 $/ s :AMA CAN CLAIM THE FIRST MONTHS SALARY FROM HIS EMPLOYER AFTER SUFFERING FROM THE INJURY THE COMMISSIONER WILL REPAY THIS TO THE EMPLOYER s 9OU MUST FIND OUT FROM THE #OMPENSATION OFFICE WHETHER THE ACCIDENT WAS REPORTED BY THE EMPLOYER 4ELEPHONE THE #OMPENSATION OFFICE AND ASK FOR THE )NDEX OFFICER 'IVE THE NAME OF THE EMPLOYEE THE DATE OF THE ACCIDENT AND THE NAME OF THE COMPANY 4HE OFFICER WILL LOOK IT UP ON THE )NDEX AND WILL BE ABLE TO TELL YOU IF THE ACCIDENT WAS REPORTED OR NOT )F IT WAS REPORTED ASK FOR THE CLAIM NUMBER /R YOU CAN WRITE A LETTER TO THE #OMPENSATION #OMMISSIONER AND INCLUDE ALL THE INFORMATION MENTIONED ON PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED !LWAYS INCLUDE THE CLAIM NUMBER IF YOU HAVE IT !LSO INCLUDE A COMPLETED &/2- 7#, WHICH WILL SAVE THE EMPLOYEE TIME IF THE ACCIDENT HAS NOT BEEN REPORTED 3EE PAGE #OMPENSATION &ORM 7#, s )F THE EMPLOYER DID NOT REPORT THE ACCIDENT THE #OMPENSATION #OMMISSIONER WILL SEND A 7#, FORM TO YOU 4HE EMPLOYEE MUST COMPLETE THIS 4HE #OMPENSATION #OMMISSIONER WILL TAKE ACTION AGAINST THE EMPLOYER FOR NOT REPORTING THE ACCIDENT s )F THE ACCIDENT WAS REPORTED SEND A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM WHY THERE HAS BEEN SUCH A LONG DELAY IN PAYING OUT THE COMPENSATION #HECK THAT THE #OMMISSIONER HAS ALL THE CORRECT ADDRESSES 3EE PAGE -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING 4HE #OMPENSATION #OMMISSIONER MUST TELL YOU EXACTLY WHAT IS CAUSING THE DELAY 4HEY MAY ASK YOU TO SEND THEM A MISSING FORM OR GIVE THEM THE CORRECT ADDRESS OF THE EMPLOYEE s 9OU CAN TRY TO GET :AMAgS WAGES NOTICE PAY AND ANY OUTSTANDING LEAVE PAY FROM THE EMPLOYER 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY s :AMA MAY HAVE BEEN UNFAIRLY DISMISSED AND HE SHOULD THEREFORE TAKE ACTION AGAINST HIS EMPLOYER (OWEVER HE HAS MISSED THE DEADLINE FOR LODGING A DISPUTE WITH THE ##-! SO HE WILL HAVE TO APPLY FOR CONDONATION IN ORDER TO MAKE A LATE APPLICATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 3OLVING DISPUTES UNDER THE ,2! PAGE 0ROBLEM %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
%MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY !N EMPLOYEE WHO WAS PERMANENTLY DISABLED RECEIVED A LUMP SUM CHEQUE FROM THE #OMPENSATION #OMMISSIONER BUT DOES NOT FEEL THAT SHE WAS PAID THE CORRECT AMOUNT OF COMPENSATION MONEY
7(!4 $/%3 4(% ,!7 3!9 &OR ALL TYPES OF DISABILITY TEMPORARY AND PERMANENT THERE ARE CERTAIN WAYS OF WORKING OUT WHETHER THE COMPENSATION MONEY HAS BEEN CORRECTLY CALCULATED &OR PERMANENT DISABILITIES A LIST OF PERCENTAGE DISABILITIES SAYS HOW MUCH COMPENSATION WILL BE PAID FOR EACH FORM OF DISABILITY )T IS UP TO THE #OMPENSATION #OMMISSIONER TO DECIDE WHAT PERCENTAGE DISABILITY THE EMPLOYEE HAS BASED ON THE MEDICAL REPORTS FROM THE DOCTOR WHO TREATS THE EMPLOYEE 3EE PAGE 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE
7(!4 #!. 9/5 $/ s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM FOR THE DETAILS OF HOW THEY CALCULATED THE COMPENSATION MONEY 2EMEMBER TO INCLUDE THE CLAIM NUMBER AND ALL THE IMPORTANT DETAILS ABOUT THE CLAIM WHICH YOU CAN FIND ON PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING s 2EAD 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE ON PAGE TO CALCULATE WHETHER THE COMPENSATION MONEY WAS CORRECTLY CALCULATED )F IT SEEMS THAT THE DOCTOR MADE A MISTAKE WITH THE PERCENTAGE DISABILITY THE EMPLOYEE HAS A RIGHT TO A SECOND OPINION FROM ANOTHER DOCTOR 4HIS IS CALLED A RE ASSESSMENT OF THE INJURY s 4HE EMPLOYEE CAN GET A SECOND OPINION FROM AN INDEPENDENT DOCTOR BUT THE EMPLOYEE MUST PAY THIS DOCTOR s 3END THE SECOND OPINION TO THE #OMPENSATION #OMMISSIONER 4HEY WILL ASSESS IT AND DECIDE WHETHER TO RE OPEN THE CASE )F THE #OMPENSATION #OMMISSIONER DECIDES THAT THE EMPLOYEE SHOULD HAVE GOT MORE MONEY THE EMPLOYEE WILL BE REFUNDED s )F THE EMPLOYEE WISHES TO OBJECT TO A DECISION OF THE #OMMISSIONER AN OBJECTION MUST BE SENT WITHIN DAYS OF THE #OMMISSIONERgS DECISION )NCLUDE THE CLAIM NUMBER AND ALL THE DETAILS OF THE EMPLOYEEgS CLAIM AS LISTED ON PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
)NJURED EMPLOYEE IS OFF WORK AND IS NOT GETTING PAID "ETHUEL WAS INJURED IN AN ACCIDENT AT WORK (E HAS NOT BEEN PAID FOR THE PAST SIX WEEKS AND THE DOCTOR TOLD HIM TO REST FOR ANOTHER TWO WEEKS (E COMES TO YOU WITH HIS PROBLEM BECAUSE HE SAYS HE AND HIS FAMILY CANNOT SURVIVE WITHOUT HIS WEEKLY WAGE "ETHUEL EARNS 2 PER WEEK
7(!4 $/%3 4(% ,!7 3!9 "ETHUEL HAS TO STAY COMPLETELY OFF WORK BUT HE WILL BE ABLE TO GO BACK TO WORK LATER 3O HE HAS A TOTAL TEMPORARY DISABILITY 4HE EMPLOYER SHOULD PAY "ETHUEL FOR THE FIRST MONTHS FROM THE DATE OF HIS INJURY 4HIS WILL BE REPAID TO THE EMPLOYER OUT OF THE COMPENSATION PAID TO "ETHUEL 3EE PAGE (OW IS THE COMPENSATION MONEY PAID
7(!4 #!. 9/5 $/ s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM ABOUT THE DELAYS IN PAYING "ETHUEL HIS COMPENSATION 3EE PAGE -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING s !DVISE "ETHUELgS EMPLOYER TO PAY HIM COMPENSATION FOR THE FIRST MONTHS .OTE THAT "ETHUEL GETS COMPENSATION INSTEAD OF HIS WAGES NOT AS WELL AS HIS WAGES 7ORK OUT HOW MUCH THE #OMPENSATION MONEY SHOULD BE GIVEN THAT "ETHUEL IS PAID WEEKLY 3EE PAGE 4EMPORARY DISABILITY 4HE FORMULA FOR WORKING OUT COMPENSATION IS -ULTIPLY WEEKLY WAGE BY 2 X 2 PER MONTH -ONTHLY WAGE X 2 X 2 "ETHUEL WILL GET PAID 2 PER MONTH FROM THE #OMPENSATION &UND FOR 4OTAL 4EMPORARY $ISABILITY
4HE EMPLOYER SHOULD BE PAYING "ETHUEL THIS #OMPENSATION AMOUNT FOR THE FIRST MONTHS HE WILL GET THIS BACK FROM THE COMPENSATION PAID OUT 4HE EMPLOYER ALREADY OWES "ETHUEL FOR THE FIRST MONTH )F THE EMPLOYER REFUSES REPORT THE MATTER TO THE #OMPENSATION #OMMISSIONER s !LL DOCTORgS AND HOSPITAL BILLS AND ANY MEDICINES NEEDED WILL BE PAID BY THE #OMMISSIONER )F THE EMPLOYER HAS REPORTED THE ACCIDENT PROPERLY DOCTORS AND HOSPITALS WILL SEND THEIR ACCOUNTS DIRECT TO THE #OMMISSIONER )F THIS HAS NOT HAPPENED "ETHUEL MUST KEEP ALL SLIPS AND ACCOUNTS 9OU CAN HELP HIM CLAIM THEM BACK FROM THE #OMMISSIONER
%MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB 7HILE WORKING ON A BUILDING SITE TWO WEEKS AGO 0IET WAS STANDING ON A LADDER WHICH SLIPPED (E FELL AND BROKE BOTH ARMS 4HIS IS ONLY A TEMPORARY DISABILITY BUT HE CANNOT DO ANY WORK UNTIL THE BROKEN ARMS HAVE HEALED WHICH COULD BE ANOTHER WEEKS 7HEN HE TELEPHONES HIS EMPLOYER SHE TELLS 0IET THAT HIS JOB HAS ALREADY BEEN FILLED 4HE EMPLOYER SAYS SHE CANNOT WAIT FOR 0IET TO GET BETTER 0IET SAYS THIS IS UNFAIR BECAUSE THE ACCIDENT WAS NOT HIS FAULT (E COMES TO YOU FOR HELP
7(!4 $/%3 4(% ,!7 3!9 4HE EMPLOYER CAN ONLY DISMISS 0IET FOR A GOOD REASON AND BY FOLLOWING PROPER PROCEDURES 0IET HAS A RIGHT TO BE REINSTATED WHEN HE IS WELL AGAIN 0IET CAN ALSO CLAIM #OMPENSATION BECAUSE THE ACCIDENT HAPPENED WHILE HE WAS WORKING 4HE EMPLOYER SHOULD HAVE REPORTED THE ACCIDENT TO THE #OMPENSATION #OMMISSIONER 3EE PAGE $ISMISSALS PAGE #OMPENSATION &UND )F 0IET STAYS OFF WORK FOR A LONG TIME AND IS UNABLE TO EVEN DO LIGHTER WORK THEN THE EMPLOYER CAN GO THROUGH THE CORRECT DISMISSAL PROCEDURES AND DISMISS 0IET FOR INCAPACITY BECAUSE HE IS UNABLE TO DO HIS JOB )F AN EMPLOYEE IS PERMANENTLY DISABLED AS A RESULT OF AN INJURY AT WORK THIS EMPLOYEE WILL NEVER BE ABLE TO PERFORM HIS OR HER OLD DUTIES AGAIN )F THE EMPLOYEE CAN DO LIGHT DUTIES THEN YOU SHOULD ASK THE EMPLOYER TO GIVE THE EMPLOYEE LIGHT DUTIES )T MAY BE VERY DIFFICULT FOR A PERMANENTLY DISABLED EMPLOYEE TO FIND WORK ANYWHERE ELSE
7(!4 #!. 9/5 $/ "ECAUSE THE DISABILITY IS ONLY TEMPORARY YOU SHOULD TELEPHONE THE EMPLOYER AND ASK HER TO EMPLOY THE OTHER PERSON IN 0IETgS PLACE ON A TEMPORARY BASIS ONLY n UNTIL 0IET RECOVERS )F THE EMPLOYER DISMISSES 0IET YOU CAN REFER THE MATTER TO THE ##-! AS A CLAIM FOR UNFAIR DISMISSAL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
%MPLOYEEgS #OMPENSATION HAS BEEN REFUSED 4HE #OMPENSATION &UND OFFICE REFUSED TO PAY ANY #OMPENSATION TO AN EMPLOYEE 4HEY GAVE NO REASONS FOR THEIR REFUSAL
7(!4 $/%3 4(% ,!7 3!9 s #ERTAIN EMPLOYERS DO NOT HAVE TO CONTRIBUTE TO THE &UND 3O THEIR EMPLOYEES ARE NOT COVERED BY THE &UND 3EE PAGE 7HO CONTRIBUTES TO THE &UND s 4HE #OMPENSATION &UND PAYS COMPENSATION FOR ALL ACCIDENTS WHICH HAPPEN gIN THE COURSE AND SCOPE OF DUTYg BUT THERE ARE CIRCUMSTANCES WHERE THE #OMPENSATION #OMMISSIONER WILL NOT PAY #OMPENSATION 3EE PAGE 7HO CAN CLAIM COMPENSATION FROM THE &UND
7(!4 #!. 9/5 $/ s #HECK THAT THE EMPLOYER WAS CONTRIBUTING TO THE #OMPENSATION &UND AND THAT THE EMPLOYEE WAS INJURED IN HER WORK AND THAT SHE DOES NOT FALL INTO ANY OF THE CATEGORIES FALLING OUTSIDE OF THE SCOPE OF THE #OMPENSATION &UND s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM FOR THEIR REASONS FOR REFUSING TO PAY #OMPENSATION 3EE PAGE -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING s )F THE EMPLOYEE WISHES TO OBJECT TO A DECISION OF THE #OMMISSIONER AN OBJECTION MUST BE SENT TO THE #OMPENSATION #OMMISSIONER WITHIN DAYS OF THE DECISION 3EE PAGE /BJECTIONS AND APPEALS 2EMEMBER TO INCLUDE ALL THE NECESSARY DETAILS OF THE EMPLOYEE AS LISTED ON PAGE IN -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
%MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE ! NUMBER OF EMPLOYEES WORKING IN AN ASBESTOS FACTORY ARE SUFFERING FROM SIMILAR PHYSICAL CONDITIONS WHICH THEY BELIEVE IS A RESULT OF WORKING IN AN ENVIRONMENT OF ASBESTOS 4HIS IS CONFIRMED BY THE DOCTOR WHO IS ATTENDING TO THEM 7HAT HELP CAN THEY RECEIVE
7(!4 $/%3 4(% ,!7 3!9 %MPLOYEES WHO SUFFER FROM SICKNESSES AS A RESULT OF THE WORK THEY DO OR THE ENVIRONMENT THEY HAVE BEEN WORKING IN ARE COVERED BY THE #OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT FOR THE NON MINING INDUSTRY OR THE /CCUPATIONAL $ISEASES -INE %MPLOYEES !CT FOR THE MINING INDUSTRY 4HESE ARE CALLED OCCUPATIONAL DISEASES 4HERE IS SOMETIMES A LONG PERIOD BETWEEN THE EXPOSURE AT WORK AND THE DISEASE WHICH MAKES IT DIFFICULT TO CONNECT THE DISEASE WITH THE WORK EXPOSURE
7(!4 #!. 9/5 $/ !SSIST THE EMPLOYEES WITH MAKING A CLAIM FOR COMPENSATION FROM THE #OMPENSATION &UND 3EE PAGE #OMPENSATION &UND
-/$%, #/.42!#4 /& %-0,/9-%.4 #/.42!#4 /& %-0,/9-%.4
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HEREAFTER CALLED gTHE %MPLOYEEg )T IS HEREBY AGREED THAT THE #OMPANY WILL EMPLOY THE %MPLOYEE AS A *OB GRADE IN ITS $EPARTMENT AT A RATE OF 2 PER DAY $!4% /& %.'!'%-%.4 4HE DATE OF COMMENCEMENT OF EMPLOYMENT IS 02/"!4)/. $URING THE lRST THREE MONTHS OF EMPLOYMENT THE EMPLOYEE WILL SERVE A PROBATION PERIOD (ISHER PERFORMANCE AND SUITABILITY FOR THE POSITION WILL BE ASSESSED DURING THIS TIME )F DURING THE lRST MONTH OF PROBATION THE %MPLOYEES PERFORMANCE IS REGARDED AS BEING UNACCEPTABLE DESPITE ATTEMPTS TO COUNSEL THE EMPLOYEE THEN THE EMPLOYEES CONTRACT MAY BE TERMINATED AS PER SECTION THREE BELOW 4%2-).!4)/. /& %-0,/9-%.4 4HE COMPANY AND THE EMPLOYEE MAY TERMINATE THIS AGREEMENT ON THE FOLLOWING BASIS BY GIVING ONE WEEKS NOTICE IN WRITING DURING THE lRST SIX MONTH PERIOD OF EMPLOYMENT BY GIVING TWO WEEKS NOTICE IN WRITING WHERE THE EMPLOYEE HAS BEEN EMPLOYED FOR MORE THAN SIX MONTHS BUT NOT MORE THAN ONE YEAR AND FOUR WEEKS NOTICE WHERE EMPLOYMENT HAS BEEN LONGER THAN MONTHS EITHER THE COMPANY OR THE EMPLOYEE MAY SUMMARILY TERMINATE THIS AGREEMENT WITHOUT PROVIDING DUE NOTICE ON ANY GROUNDS CONSIDERED APPROPRIATE UNDER THE LAW BY BOTH AGREEING TO TERMINATE WHERE AN EMPLOYEE IS ABSENT FOR FOUR WORKING DAYS IN A ROW AND HAS NOT NOTIlED THE COMPANY OR GIVEN ANY INDICATION THAT HE OR SHE INTENDS TO RETURN THEN THE CONTRACT CAN BE TERMINATED IMMEDIATELY ON GROUNDS OF DESERTION $54)%3 4HE EMPLOYEE MUST PERFORM HIS OR HER DUTIES AS DESCRIBED IN THE JOB DESCRIPTION AS WELL AS ANY TASKS WHICH HE SHE MAY REASONABLY BE ASKED TO DO 7!'%3 4HE COMPANY SHALL PAY THE EMPLOYEE THE RATE INDICATED IN THIS CONTRACT 0AYMENT SHALL BE MADE EVERY WEEK IN ARREARS 4HE COMPANY AND THE EMPLOYEE ACCEPT THAT THE WAGE RATE WILL ONLY BE REVIEWED ONCE A YEAR DURING /#4/"%2 AND THAT THIS REVIEW WILL BE BASED ON THE PERFORMANCE OF BOTH THE COMPANY AND THE EMPLOYEE DURING THE PREVIOUS MONTH PERIOD
7/2+).' (/523 !.$ &,%8)"),)49 4HE EMPLOYEE SHALL BE REQUIRED TO WORK UP TO NINE HOURS PER DAY EXCLUDING MEAL BREAKS AND SHALL REMAIN AT WORK BETWEEN THE HOURS SPECIlED BY MANAGEMENT ON ANY DAY .ORMAL WORKING HOURS SHALL BE FROM H UNTIL H -ONDAY TO &RIDAY )T IS ACCEPTED THAT START AND lNISH TIMES MAY BE ALTERED IN LINE WITH OPERATIONAL REQUIREMENTS AND AS DETERMINED BY THE MANAGER FROM TIME TO TIME ! lFTEEN MINUTE TEA INTERVAL SHALL BE GRANTED NOT LATER THAN H MORNING AND H AFTERNOON DAILY AND SHALL BE TAKEN AS DETERMINED BY MANAGEMENT IN KEEPING WITH THE OPERATIONAL REQUIREMENTS OF THE DEPARTMENT ! LUNCH BREAK OF ONE HOUR SHALL BE TAKEN BETWEEN H AND H DAILY -EAL INTERVALS ARE NOT REGARDED AS PAID WORKING HOURS
4HE EMPLOYEE ACCEPTS THAT OVERTIME AND SHIFT WORKING INCLUDING WEEKEND WORK ARE AN ESSENTIAL PART OF EMPLOYMENT THE EMPLOYEE AGREES TO WORK OVERTIME AS MAY BE REASONABLY REQUIRED BY THE COMPANY 7HERE OVERTIME IS WORKED THE EMPLOYEE SHALL BE PAID AT TIME AND A HALF OF THE NORMAL HOURLY WAGE
0AYMENT FOR OVERTIME SHALL ONLY BE MADE WHERE THE EMPLOYEE WORKS MORE THAN HOURS IN ANY PAY WEEK ,%!6% 0!9-%.4 4HE EMPLOYEE SHALL BE ENTITLED TO WORKING DAYS LEAVE AFTER MONTHS CONTINUOUS EMPLOYMENT CALCULATED AT DAYS FOR EACH COMPLETED MONTH OF SERVICE !N EMPLOYEE ABSENT DURING THE YEAR WITHOUT PERMISSION WILL HAVE HISHER LEAVE CALCULATED ON THE BASIS OF PRO RATA LEAVE FOR THE PERIOD WORKED )T IS ACCEPTED THAT ANNUAL LEAVE WILL BE SCHEDULED BY THE EMPLOYER TO MEET ITS MANNING REQUIREMENTS AND WILL NORMALLY BE TAKEN DURING THE LOW SEASON -%$)#!, ,%!6% 7HERE THE EMPLOYEE IS UNABLE TO WORK ON THE GROUNDS OF GENUINE MEDICAL INCAPACITY WHICH HAS NOT BEEN CAUSED BY THE EMPLOYEES NEGLIGENCE OR MISCONDUCT THEN HESHE IS ENTITLED TO PAID SICK LEAVE $URING THE lRST MONTHS OF EMPLOYMENT THE EMPLOYEE IS ENTITLED TO ONE DAY SICK LEAVE FOR EVERY COMPLETED DAYS OF SERVICE !FTER THE lRST SIX MONTHS OF EMPLOYMENT THE EMPLOYEE IS ENTITLED TO DAYS SICK LEAVE IN ANY MONTH CYCLE 4HE EMPLOYEE MUST HAND IN A MEDICAL CERTIlCATE FOR ANY PERIOD OF ABSENCE THAT IS LONGER THAN DAYS /N THE DAYS WHEN THE EMPLOYEE IS ABSENT HE OR SHE MUST NOTIFY HE IMMEDIATE SUPERVISOR BY ( REGARDING THE REASON FOR ABSENCE AND HOW LONG THE EMPLOYEE BELIEVES HE OR SHE WILL BE ABSENT 4HE EMPLOYEE ACCEPTS THAT THE COMPANY IS DEPENDENT ON THE EMPLOYEE REGULARLY ATTENDING WORK AND IF HE OR SHE IS CONSTANTLY ABSENT BECAUSE OF ILLNESS THEN THIS WILL MAKE THE EMPLOYEE UNSUITABLE FOR EMPLOYMENT IN THE DEPARTMENT AND COULD RESULT IN THE TERMINATION OF HISHER SERVICES ON THE GROUNDS OF INCAPACITY 4HE EMPLOYEE ACCEPTS THAT IF NECESSARY HESHE WILL GO FOR A MEDICAL TEST BY A DOCTOR APPOINTED AND PAID FOR BY THE COMPANY 4HE RESULTS OF THE EXAMINATION WILL BE DISCLOSED CONlDENTIALITY TO THE COMPANYS MEDICAL OFlCER 4HE EMPLOYEE UNDERTAKES TO BRING TO MANAGEMENTS ATTENTION ANY DISEASE AILMENT OR DISABILITY WHICH HESHE BECOMES AWARE OF WHICH COULD IN ANY WAY IMPACT ON THE HEALTH AND SAFETY OF FELLOW WORKERS THE PROVISIONS OF THE (EALTH AND 3AFETY !CT OR HISHER ABILITY TO PROPERLY PERFORM THE JOB &!-),9 2%30/.3)"),)49 ,%!6% 4HE EMPLOYEE SHALL BE ENTITLED TO THREE DAYS PAID LEAVE DURING EVERY MONTHS OF SERVICE WHICH MAY BE USED WHEN THE EMPLOYEES CHILD IS BORN WHEN THE EMPLOYEES CHILD IS SICK WHEN ONE OF THE FOLLOWING PERSONS DIE SPOUSE OR LIFE PARTNER PARENTS ADOPTIVE PARENTS GRAND PARENTS CHILDREN ADOPTED CHILDREN GRAND CHILDREN OR SIBLINGS )T IS THE RESPONSIBILITY OF THE EMPLOYEE TO BRING PROOF OF THE REASON FOR LEAVE )F NO PROOF IS GIVEN THEN THE LEAVE TAKEN WILL BE UNPAID AND WILL BE REGARDED AS UNAUTHORISED LEAVE WHICH MAY RESULT IN DISCIPLINARY ACTION
-/$%, #/.42!#4 /& %-0,/9-%.4 CONTINUED 5)& 4HE COMPANY AND THE EMPLOYEE WILL BOTH CONTRIBUTE ACCORDING TO THE PROVISIONS OF THE !CT ONCE THE EMPLOYEE HAS PROVIDED A VALID )$ DOCUMENT TO THE EMPLOYER #/-0!.9 25,%3 !.$ 2%'5,!4)/.3 4HE EMPLOYEE UNDERTAKES TO READ AND FOLLOW THE FOLLOWING POLICIES AND PROCEDURES AS AMENDED FROM TIME TO TIME #OMPANY $ISCIPLINARY #ODE OF "EHAVIOUR AND THE $ISCIPLINARY 0ROCEDURE #OMPANY 'RIEVANCE AND $ISPUTE 0ROCEDURE #OMPANY REGULATIONS REGARDING ,EAVE AND !BSENCE 0ROCEDURES #OMPANY RULES RELATING TO 0ROTECTIVE #LOTHING 4HE (EALTH AND 3AFETY REGULATIONS OF THE COMPANY $%$5#4)/.3 4HE EMPLOYEE ACCEPTS THAT ANY OUTSTANDING LOANS OWING TO THE COMPANY OR TAKEN FROM THE COMPANY WILL BE DEDUCTED FROM THE EMPLOYEES EARNINGS OR ANY LEAVE ENTITLEMENT OR BONUS ACCRUING TO THE EMPLOYEE 4HE EMPLOYEE ALSO AGREES THAT THE COMPANY MAY MAKE DEDUCTIONS OF UP TO ONE QUARTER OF THE EMPLOYEE WAGES IN TERMS OF SECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT TO REPAY THE COMPANY FOR THE LOSS OR DAMAGE CAUSED BY THE EMPLOYEES ACTIONS PROVIDED THIS HAS BEEN ESTABLISHED DURING A DISCIPLINARY HEARING !#+./7,%$'%-%.4 4HE EMPLOYEE ACKNOWLEDGES HISHER APPOINTMENT AND THAT HESHE FULLY UNDERSTANDS THE TERMS OF SUCH CONTRACT WHICH HAVE BEEN EXPLAINED TO HIMHER AND FULLY TRANSLATED
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*/" $%3#2)04)/. .AME 0HYSICAL !DDRESS #OMPANY 0OSITION +EY PERFORMANCE AREAS THE KEY ELEMENTS OF THE EMPLOYEES JOB THAT HE OR SHE WILL BE MEASURED AGAINST #OMMENCEMENT DATE 4OTAL COST TO THE #OMPANY
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&ULL NAME AND ADDRESS OF EMPLOYER
9ES
.AME AND OCCUPATION OF EMPLOYEE
9ES
"RIEF DESCRIPTION OF THE WORK
9ES
0LACE OF WORK
9ES
$ATE ON WHICH EMPLOYMENT BEGAN
9ES
/RDINARY HOURS OF WORK AND DAYS OF WORK
9ES
%MPLOYEES SALARY
9ES
4HE RATE OF PAY FOR OVERTIME WORK
!S PROVIDED IN "#%!
/THER CASH PAYMENTS
.!
!NY PAYMENT IN KIND
9ES
&REQUENCY OF REMUNERATION
9ES
$EDUCTIONS TO BE MADE
9ES
,EAVE TO WHICH EMPLOYEE IS ENTITLED
9ES
0ERIOD OF NOTICE REQUIRED TO TERMINATE
9ES
$ESCRIPTION OF ANY COUNCIL OR SECTORAL DETERMINATION
.!
!NY PERIOD OF EMPLOYMENT WITH A PREVIOUS EMPLOYER
.!
!NY OTHER DOCUMENTS THAT FORM PART OF THE CONTRACT
9ES
7HERE SUCH DOCUMENTS ARE REASONABLY ACCESSIBLE
9ES
-/$%, ,%44%23 ,ETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT ! DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION WITHIN DAYS OF THE DISMISSAL SO GET THE LETTER REQUESTING REINSTATEMENT TO THE EMPLOYER IMMEDIATELY %8!-0,%
*ANUARY
4HE -ANAGER -ARIOgS 5PHOLSTERING -AIN 3TREET 5PINGTON
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$EAR 3IR 2% -2 !.$2% 0)%4%23/. n 4%2-).!4)/. /& 3%26)#%3 /N -ONDAY TH *ANUARY WE SPOKE ON THE TELEPHONE REGARDING THE DISMISSAL OF -R 0IETERSON BY YOURSELF ON THE TH *ANUARY ) HAVE NOW DISCUSSED THE MATTER FURTHER WITH -R 0IETERSEN AND HE HAS ASKED US TO WRITE TO YOU AS FOLLOWS -R 0IETERSON ADVISES US THAT HE WAS TAKEN BY SURPRISE BY THE TERMINATION OF HIS SERVICES )N OUR TELEPHONE CONVERSATION ABOUT -R 0IETERSON YOU TOLD ME THAT HE HAD NOT BEEN DISMISSED 9OU SAID THERE WAS A NEED TO REDUCE STAFF SO -R 0IETERSON HAD BEEN RETRENCHED BY THE COMPANY )F THIS IS THE CASE THEN IT APPEARS THAT YOU HAVE NOT COMPLIED WITH ALL THE GUIDELINES AND STANDARDS REGARDING RETRENCHMENT AS LAID DOWN BY THE ,ABOUR 2ELATIONS !CT 9OU HAVE NOT COMPLIED WITH THE REQUIREMENTS FOR RETRENCHMENT IN THE FOLLOWING WAYS A BY NOT GIVING -R 0IETERSON REASONABLE NOTICE OF THE NEED FOR THE PROPOSED RETRENCHMENT BEFORE THE DECISION TO RETRENCH WAS TAKEN B BY NOT CONSULTING WITH THE EMPLOYEES OR THEIR REPRESENTATIVES ON THE PROPOSED NEED TO RETRENCH EMPLOYEES C BY NOT TAKING ALL REASONABLE STEPS TO AVOID THE RETRENCHMENT D BY NOT APPLYING FAIR AND REASONABLE CRITERIA IN SELECTING STAFF TO RETRENCH E BY NOT GIVING -R 0IETERSON REASONABLE NOTICE OF YOUR INTENTION TO RETRENCH SO AS TO ENABLE HIM TO MAKE ALTERNATIVE PLANS FOR EMPLOYMENT )F THE DISMISSAL OF -R 0IETERSON OCCURRED FOR REASONS OTHER THAN REDUCTION OF STAFF WE SHOULD LIKE TO DRAW THE FOLLOWING POINTS TO YOUR ATTENTION !T NO TIME DURING THE COURSE OF -R 0IETERSONgS EMPLOYMENT WITH YOUR COMPANY WAS DISSATISFACTION EXPRESSED CONCERNING HIS WORK OR CONDUCT IN THE WORKPLACE )N ADDITION -R 0IETERSON WAS GIVEN NO WARNING OF YOUR INTENTION TO DISMISS HIM AND HE WAS NOT GIVEN THE OPPORTUNITY TO STATE HIS OWN CASE OR DEFEND HIMSELF IN A HEARING )N THE LIGHT OF THE ABOVE -R 0IETERSON SUBMITS THAT THERE WAS NO SOUND SUBSTANTIVE REASON FOR HIS DISMISSAL AND THE PROCEDURES USED TO DISMISS HIM WERE UNFAIR 9OUR ACTIONS IN DISMISSING HIM THEREFORE CONSTITUTE AN UNFAIR DISMISSAL IN TERMS OF THE ,ABOUR 2ELATIONS !CT )N THE CIRCUMSTANCES YOUR DISMISSAL OF -R 0IETERSON IS OF NO LEGAL EFFECT AND HE STILL REGARDS HIMSELF AS BEING IN YOUR EMPLOY -R 0IETERSON HEREBY TENDERS HIS SERVICES TO YOU 7E THEREFORE REQUEST ON BEHALF OF -R 0IETERSON THAT YOU REINSTATE HIM IN HIS PREVIOUS JOB ON THE SAME TERMS AND CONDITIONS AS APPLIED PRIOR TO HIS DISMISSAL 3HOULD YOU FAIL TO CONFIRM THIS IN WRITING WITHIN SEVEN DAYS FROM THE DATE OF RECEIPT OF THIS LETTER AN APPLICATION WILL BE MADE TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION FOR CONCILIATION WITHOUT FURTHER NOTICE TO YOU (OWEVER WE HOPE THE ABOVE ACTION WILL NOT BE NECESSARY AND WE LOOK FORWARD TO HEARING FROM YOU BEFORE THIS TIME 9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY 4HIS LETTER CAN BE USED AS A MODEL FOR ANY DEMAND AGAINST AN EMPLOYER FOR EXAMPLE A CLAIM FOR THE RIGHT WAGES TO BE PAID AND SO ON %8!-0,% 3EW gN +NIT "ELL !RCADE 'REYTOWN
*ANUARY
$EAR 3IR-ADAM 2% -2 *!-%3 49%+%,/ 7E HAVE BEEN APPROACHED BY -R 4YEKELO WHO WAS DISMISSED FROM HIS EMPLOYMENT WITH YOU ON *ANUARY !T THE TIME OF HIS DISMISSAL HE WAS EARNING 2 PER WEEK -R 4YEKELO LEFT YOUR EMPLOYMENT WITHOUT BEING BEING PAID IN LIEU OF NOTICE AND HE WAS NOT PAID OUT THE PRO RATA LEAVE OWING TO HIM (E TOOK LEAVE LAST YEAR IN -ARCH (E THEREFORE WISHES TO CLAIM THE OUTSTANDING MONEY WHICH IS CALCULATED AS FOLLOWS ONE WEEKgS SALARY IN LIEU OF NOTICE 2 PRO RATA LEAVE PAY FOR COMPLETED MONTHS SERVICE 2 X WEEKS LEAVE PER ANNUM AS PER CONTRACT 2 2 DIVIDED BY MONTHS X MONTHS WORKED 2 +INDLY FORWARD THE TOTAL AMOUNT OF 2 BEING OUTSTANDING NOTICE AND LEAVE PAY TO OUR OFFICE WITHIN DAYS OF RECEIPT OF THIS LETTER FAILING WHICH WE SHALL REFER THE MATTER TO THE $EPARTMENT OF ,ABOUR OR "ARGAINING #OUNCIL IF THE EMPLOYEE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT FOR INVESTIGATION 9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM 4HIS LETTER CAN BE USED AS A MODEL FOR THE REFERRAL OF ANY COMPLAINT FOR INVESTIGATION TO THE $EPARTMENT OF ,ABOUR OR TO A "ARGAINING #OUNCIL %8!-0,% 4HE ,ABOUR )NSPECTOR $EPARTMENT OF ,ABOUR $URBAN
*ANUARY
$EAR 3IR-ADAM 2% *!-%3 49%+%,/ 3%7 g. +.)4 7E HAVE BEEN APPROACHED BY -R 4YEKELO WHO WAS DISMISSED FROM HIS EMPLOYMENT WITH 3EW gN +NIT OF "ELL !RCADE 'REYTOWN ON *ANUARY (E STARTED WORKING FOR 3EW gN +NIT ON &EBRUARY AND WAS PAID A SALARY OF 2 PER WEEK AT THE TIME OF HIS DISMISSAL !CCORDING TO -R 4YEKELO HE WAS DISMISSED BECAUSE HE WAS LATE FOR DUTY ON $ECEMBER (E ADVISES US THAT THE REASON HE WAS LATE WAS BECAUSE OF A TAXI BOYCOTT IN THE AREA WHERE HE LIVES AND HE HAD TO WAIT FOR A BUS TO ARRIVE TO TAKE HIM TO WORK )T IS CLEAR THAT SUCH CIRCUMSTANCES ARE BEYOND THE CONTROL OF -R 4YEKELO WHO HAS NO HISTORY OF LATENESS -R 4YEKELO WAS DISMISSED WITHOUT BEING GIVEN NOTICE OR PAID IN LIEU OF NOTICE AND HE WAS NOT PAID OUT THE PRO RATA LEAVE OWING TO HIM (E LAST TOOK LEAVE IN -ARCH 7E DO NOT BELIEVE THAT THE CIRCUMSTANCES JUSTIFIED SUMMARILY DISMISSING -R 4YEKELO
%8!-0,% CONTINUED (E WISHES TO CLAIM THE OUTSTANDING MONEY WHICH IS CALCULATED AS FOLLOWS ONE WEEKgS SALARY IN LIEU OF NOTICE 2 PRO RATA LEAVE PAY FOR COMPLETED MONTHS SERVICE 2 X WEEKS LEAVE PER ANNUM AS PER CONTRACT 2 2 DIVIDED BY MONTHS X MONTHS WORKED 2 0LEASE INVESTIGATE -R 4YEKELOgS CLAIM FOR A TOTAL OF 2 AND ADVISE US OF THE OUTCOME OF YOUR INVESTIGATIONS 9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)& 3END THIS NOTICE OF APPEAL TO THE $EPARTMENT OF ,ABOUR WITH A COVERING LETTER FROM THE EMPLOYEE OR ADVICE CENTRE EMPLOYEE 2EMEMBER TO FILL IN THE DETAILS SPECIFIC TO YOUR OWN CASE %8!-0,% 5)& !00%!, 4HE APPELLANT
4!&%.) */.'5-:)
!PPELLANTgS ADDRESS
CO #LAREMONT !DVICE /FFICE 0/ "OX #LAREMONT
)DENTITY NUMBER
.AME AND ADDRESS OF EMPLOYER
#LAREMONT -UNICIPALITY 0/ "OX #LAREMONT
$ATE OF APPLICATION FOR BENEFITS !DDRESS WHERE APPLICATION MADE $EPARTMENT OF ,ABOUR #LAREMONT $ATE WHEN ) HEARD OF #LAIMS /FFICERgS DECISION
#LAIMS /FFICERgS DECISION
"ENEFITS REFUSED BECAUSE ) WAS NOT IN EMPLOYMENT FOR WEEKS IN THE LAST YEAR AND NOT UNEMPLOYED DUE TO ILLNESS FOR MORE THAN WEEKS
2EASONS FOR APPEAL
) WAS EMPLOYED AT THE -UNICIPALITY FROM UNTIL
!PPLICATION FOR BENEFITS WAS MADE ON 4HEREFORE ) WAS IN EMPLOYMENT FOR MORE THAN WEEKS IN THE YEAR BEFORE APPLYING FOR BENEFITS ) WAS ALSO ALREADY UNEMPLOYED FOR MORE THAN TWO WEEKS DUE TO ILLNESS WHEN ) APPLIED FOR BENEFITS ) AM THEREFORE ENTITLED TO 5)& BENEFITS
4!&%.) */.'5-:)
,ETTER TO 5)& BECAUSE BENEFITS HAVE NOT BEEN PAID 4HIS LETTER CAN BE USED AS A MODEL FOR ANY COMPLAINT ABOUT BENEFITS NOT BEING PAID INCLUDING ILLNESS BENEFITS MATERNITY BENEFITS AND SO ON %8!-0,% 4HE #LAIMS /FFICER $EPARTMENT OF ,ABOUR #APE 4OWN
*ULY
$EAR 3IR -ADAM 2% -2 *!#+ .!5$³ n )$ ./ -R .AUDÏ REGISTERED FOR UNEMPLOYMENT BENEFITS ON !PRIL (E STOPPED SIGNING THE REGISTER ON -AY AS HE WAS AWAY IN THE %ASTERN #APE LOOKING FOR ALTERNATIVE EMPLOYMENT 7E ENCLOSE FOR YOUR REFERENCE TWO LETTERS OF REFUSAL OF EMPLOYMENT ! MONTH LATER HE SIGNED THE REGISTER AGAIN $URING THE PERIOD HE WAS NOT SIGNING HE WAS STILL UNEMPLOYED AND AVAILABLE FOR WORK (E HAS BEEN PAID UNEMPLOYMENT BENEFITS FOR THE PERIOD THAT HE SIGNED (OWEVER NO PAYMENTS HAVE BEEN MADE TO HIM FOR THE PERIOD THAT HE DID NOT SIGN THE REGISTER +INDLY INVESTIGATE THE REASONS WHY HE HAS NOT BEEN PAID ANY FURTHER BENEFITS 0LEASE ADVISE US WHAT ACTION -R .AUDÏ COULD TAKE TO BE PAID OUT HIS FULL BENEFITS 9OURS FAITHFULLY
0 :5-! !$6)3/2
,ETTER TO #OMPENSATION #OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED %8!-0,% 4HE #OMPENSATION #OMMISSIONER 0/ "OX 02%4/2)!
-ARCH
$EAR 3IR-ADAM %.15)29 2% !##)$%.4 2%0/24 .AME OF EMPLOYEE
.43(!+!,! .'%3)
)DENTITY NUMBER
$ATE OF INJURY
*!.5!29
%MPLOYER
'2!.34%%, #/.3425#4)/. 049 ,4$ -).%3 2/!$ 2!.$"52'
-R .GESI HAS APPROACHED US FOR ASSISTANCE WITH HIS CLAIM FOR #OMPENSATION -R .GESI WAS OFF DUTY FROM *ANUARY TO *ANUARY AS A RESULT OF AN INJURY SUSTAINED ON DUTY AND HAS NOT YET RECEIVED COMPENSATION FOR THIS PERIOD +INDLY ADVISE US WHETHER -R .GESIgS ACCIDENT WAS REPORTED IN TERMS OF THE #OMPENSATION !CT )F IT WAS REPORTED PLEASE GIVE US THE CLAIM NUMBER 7E ENCLOSE A COMPLETED &/2- 7#, IN CASE THIS IS NEEDED ) LOOK FORWARD TO HEARING FROM YOU 9OURS FAITHFULLY
2 '%/2'% !$6)3/2
,ETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING %8!-0,% 4HE #OMPENSATION #OMMISSIONER 0/ "OX 0RETORIA
-ARCH
$EAR 3IR -ADAM 2% $%,!9 ). 0!9).' #/-0%.3!4)/. .AME OF EMPLOYEE
-!29 0)%4%23%
)DENTITY NUMBER
$ATE OF ACCIDENT
$%#%-"%2
#LAIM NUMBER
4HE ABOVE MENTIONED ACCIDENT WAS REPORTED TO THE #OMPENSATION #OMMISSIONER IN *ANUARY 4O DATE -S 0IETERSE HAS NOT RECEIVED ANY COMPENSATION FOR THE TIME THAT SHE WAS OFF WORK +INDLY ADVISE US OF THE REASONS FOR THE DELAY AND WHEN SHE CAN EXPECT TO RECEIVE COMPENSATION 9OURS FAITHFULLY
2 '%/2'% !$6)3/2
(OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 4HIS IS AN EXAMPLE PRODUCED BY THE 0ENSION &UNDS !DJUDICATOR TO SHOW YOU HOW TO WRITE A COMPLAINT TO THEM WHICH INCLUDES ALL THE INFORMATION THEY NEED 9OU CAN COPY THE WAY THE COMPLAINT IS WRITTEN "UT CHANGE EVERYTHING THAT IS IN ITALICS TO PUT YOUR OWN CASE DETAILS IN INSTEAD )F THERE IS SOMETHING IN THE EXAMPLE WHICH DOES NOT APPLY TO YOUR CASE LEAVE IT OUT 4HE PERSON WHOSE CASE YOU ARE DEALING WITH IS THE COMPLAINANT 4HE PENSION FUND OR THE EMPLOYER ARE THE RESPONDENTS 3O THE COMPLAINT IS AGAINST THE RESPONDENTS 3END A COPY OF THE COMPLAINT TO THE RESPONDENTS AT THE SAME TIME THAT YOU SEND IT TO THE 0ENSION &UNDS !DJUDICATOR SO THAT THE RESPONDENTS HAVE THE SAME DOCUMENTS AS THE 0ENSION &UNDS !DJUDICATOR DOES 2%-%-"%2
7ITH YOUR COMPLAINT TO THE 0%.3)/. &5.$3 !$*5$)#!4/2 INCLUDE s COPIES OF THE LETTER TO THE PENSION FUNDEMPLOYER AND THEIR REPLY s PROOF THAT THE COMPLAINT WAS FIRST SENT TO THE PENSION FUND FOR EXAMPLE A REGISTERED LETTER SLIP OR FAX SLIP s ANY OTHER PAPERS INCLUDING LETTERS ABOUT THE COMPLAINT s THE RULES OF THE PENSION FUND IF AVAILABLE 2EMEMBER TO SEND ! #/09 OF THE COMPLAINT TO THE 2%30/.$%.43 SO THAT THEY HAVE THE SAME DOCUMENTS AS THE 0ENSION &UNDS !DJUDICATOR
)N THE COMPLAINT BETWEEN (%.2)%44! 3-)4( #OMPLAINANT AND #!0% &2)%.$,9 0%.3)/. &5.$ &IRST RESPONDENT -%4!, 3(/%3 049 ,4$ 3ECOND RESPONDENT ;THE EMPLOYER n ONLY IF NECESSARY=
#/-0,!).4 ). 4%2-3 /& 3%#4)/. ! /& 4(% 0%.3)/. &5.$3 !#4 /& ) AM THE COMPLAINANT -Y NAME IS (ENRIETTA 3MITH ) AM AN ADULT FEMALE OF 7ALLY 3TREET +ENILWORTH #APE 4OWN AND MY TELEPHONE NUMBER IS n 4HE FIRST RESPONDENT IS THE #APE &RIENDLY 0ENSION &UND WHOSE ADDRESS IS 0/ "OX /BSERVATORY #APE 4OWN 4HE 0RINCIPAL /FFICER OF THE PENSION FUND IS -R *AMES "ECKETT 4HE TELEPHONE OF THE PENSION FUND IS n AND FAX NUMBER IS n 4HE SECOND RESPONDENT IS -ETAL 3HOES 0TY ,TD A COMPANY WITH ITS HEAD OFFICE AT 6OORTREKKER 2OAD -AITLAND #APE 4OWN 4HE TELEPHONE NUMBER OF THE SECOND RESPONDENT IS n AND THE FAX NUMBER IS n ) HAVE SENT A WRITTEN COMPLAINT TO THE PENSION FUND EMPLOYER IN TERMS OF 3ECTION ! OF THE !CT ON &EBRUARY ) ENCLOSE A COPY OF THAT COMPLAINT MARKED g!g 4HE FIRST RESPONDENT WROTE BACK ON &EBRUARY TO SAY THEY WOULD LOOK INTO THE MATTER ) ENCLOSE A COPY OF THEIR REPLY MARKED g"g ) RECEIVED NO FURTHER INFORMATION NOR REPLY FROM THE FIRST RESPONDENT !S THE RESPONDENT HAS NOT REPLIED TO THE COMPLAINT WITHIN DAYS THE 0ENSION &UNDS !DJUDICATOR NOW HAS JURISDICTION TO DEAL WITH THIS MATTER
0!24)#5,!23 /& 4(% #/-0,!).4 5NDER THIS HEADING YOU SHOULD EXPLAIN WHAT THE COMPLAINT IS ABOUT
4(% "!#+'2/5.$ &IRST GIVE THE HISTORY OF YOUR WORK WITH THAT EMPLOYER AND MEMBERSHIP OF THE PENSION FUND 7RITE DOWN ALL THE BACKGROUND %8!-0,%3 ) STARTED WORK FOR THE SECOND RESPONDENT ON *ANUARY AS A MESSENGER ) RETIRED ON 3EPTEMBER !LL THE TIME ) WORKED FOR THE SECOND RESPONDENT ) WAS A MEMBER OF THE FIRST RESPONDENT A DEFINED BENEFIT FUND ) MADE REGULAR CONTRIBUTIONS FOR MY PENSION /R YOU MIGHT SAY ) PURCHASED AN ANNUITY WITH THE 'OLDEN 2ETIREMENT !NNUITY &UND ADMINISTERED BY !CE )NSURANCE #OMPANY ON *ULY AND ) CONTRIBUTED 2 MONTHLY TO THIS !T THE DATE OF RETIREMENT ) DECIDED TO GET A CASH LUMP SUM ) TOOK THE REST OF MY RETIREMENT BENEFIT AS A MONTHLY PENSION
%80,!). 4(% 02/",%4HE LAW SAYS YOU CAN COMPLAIN ABOUT s HOW THE PENSION FUND IS RUN s HOW THE MONEY IS INVESTED s THE RULES OF THE PENSION FUND 9OU MUST TELL THE 0ENSION &UNDS !DJUDICATOR IF YOU THINK s THE PENSION FUND DID SOMETHING IT WAS NOT ALLOWED TO DO s YOU LOST MONEY BECAUSE OF SOMETHING THE PENSION FUND DID s YOU DISAGREE WITH THE PENSION FUND ABOUT SOMETHING THAT HAPPENED OR ABOUT THE RULES s THE EMPLOYER DID NOT CARRY OUT ITS PENSION FUND DUTIES 7RITE WHAT HAPPENED AND ALSO WHY YOU THINK THE PENSION FUND DID SOMETHING IT WAS NOT SUPPOSED TO DO OR WHY YOU THINK THE PENSION FUND CAUSED YOU TO LOSE MONEY OR WHAT YOU DISAGREE WITH THE PENSION FUND ABOUT OR WHY YOU THINK THE EMPLOYER DID NOT CARRY OUT ITS DUTIES %8!-0,%3 4HESE ARE SOME EXAMPLES OF THINGS YOU MAY WANT TO COMPLAIN ABOUT -AYBE YOU THINK THAT s s s s s s s s s s s s
THE MONTHLY PENSION WAS NOT CALCULATED CORRECTLY YOU DID NOT GET AN INCREASE IN THE PENSION THAT YOU WERE SUPPOSED TO GET THE PENSION FUND LEFT OUT SOME THINGS WHEN THEY WORKED OUT YOUR BENEFITS THE EMPLOYER TOOK OFF MONEY FROM THE PENSION FOR A STAFF LOAN YOU HAD THE PENSION FUND DISCRIMINATED AGAINST YOU THIS MEANS THAT THEY WERE NOT FAIR BECAUSE THEY GAVE BENEFITS TO OTHERS THAT YOU DID NOT GET WHEN THE PENSION FUND CLOSED DOWN OR CHANGED TO A DEFINED CONTRIBUTION PENSION FUND IT USED THE SURPLUS UNFAIRLY YOU DID NOT GET A FAIR AMOUNT OF MONEY WHEN YOU LEFT THE PENSION FUND THE BOARD OF THE PENSION FUND DID NOT KEEP TO ITS PROMISES THE PENSION FUND USED THE RULES IN A WAY YOU DISAGREE WITH THE PENSION FUND WAS UNFAIR IN DECIDING ABOUT EARLY RETIREMENT OR DISABILITY THE PENSION FUND GAVE DEATH BENEFITS UNFAIRLY THE PENSION FUND DID NOT GIVE YOU PROPER INFORMATION SO YOU MADE A BAD DECISION
'IVE AS MANY DETAILS AS POSSIBLE ABOUT THE CASE AND TELL THE 0ENSION &UNDS !DJUDICATOR EXACTLY WHAT HAPPENED FROM BEGINNING TO END 2EMEMBER THE 0ENSION &UNDS !DJUDICATOR HAS NEVER HEARD OF YOUR CASE BEFORE AND THEY KNOW ABSOLUTELY NOTHING ABOUT YOU OR THIS COMPLAINT %8!-0,%3 )T DOESNgT HELP TO WRITE ) PHONED !CE )NSURANCE AND THEY TOLD ME THEY HAD DECIDED ) DID NOT QUALIFY 4HIS DOES NOT HELP BECAUSE IT DOES NOT SAY WHO YOU SPOKE TO AT !CE WHEN YOU PHONED !CE WHO AT !CE HAD DECIDED AND IT DOES NOT REALLY EXPLAIN WHAT WAS DECIDED )T WOULD BE BETTER TO SAY IT LIKE THIS /N 7EDNESDAY &EBRUARY ) PHONED -S #ARELSE THE &UND -ANAGER AT !CE )NSURANCE 3HE TOLD ME THAT THE BOARD OF TRUSTEES HAD MET ON *ANUARY 4HEY DECIDED TO REFUSE MY APPLICATION FOR EARLY RETIREMENT MADE IN TERMS OF 2ULE OF THE RULES OF THE FUND BECAUSE ) DID NOT QUALIFY )T DOESNgT HELP TO WRITE )N TERMS OF THE RULES ) AM ENTITLED TO A GRATUITY OF 2 4HIS DOES NOT SAY WHICH RULE NOR HOW YOU ARRIVED AT THE FIGURE YOU CLAIM YOUR CLIENT IS ENTITLED TO
%8!-0,%3 CONTINUED )T WOULD BE BETTER TO SAY 2ULE PROVIDES THAT ON RETRENCHMENT AN EMPLOYEE IS ENTITLED TO HER OWN CONTRIBUTIONS PLUS OF THE EMPLOYERgS CONTRIBUTION PLUS PER ANNUM INTEREST -Y OWN CONTRIBUTIONS TOTALLED 2x AND OF THE EMPLOYERgS TOTAL CONTRIBUTION AMOUNTS TO 2x 3O WITH INTEREST ) AM ENTITLED TO 2 )NSTEAD ON &EBRUARY x ) RECEIVED A CHEQUE FOR ONLY 2 FROM THE FUND ! COPY OF THE FUNDgS STATEMENT IS ATTACHED MARKED g#g
7HEN YOU HAVE GIVEN THE FACTS YOU MUST SET OUT YOUR ARGUMENT ABOUT WHY YOU THINK THE FUND WAS WRONG 3AY WHY YOU THINK YOU ARE RIGHT
2%,)%& $ONgT FORGET TO SAY WHAT YOU THINK WOULD HELP OR SOLVE THE PROBLEM 4HIS IS CALLED RELIEF 7RITE DOWN WHAT YOU WANT THE 0ENSION &UNDS !DJUDICATOR TO DO 4HE LAW SAYS THE !DJUDICATOR CAN MAKE ANY ORDER ABOUT THIS COMPLAINT WHICH A COURT CAN MAKE 3O FOR EXAMPLE YOU COULD ASK THE !DJUDICATOR TO ORDER THE PENSION FUND OR EMPLOYER TO s GIVE YOU URGENT OR INTERIM RELIEF s GIVE YOU INFORMATION WHICH YOU NEED s PAY YOUR CONTRIBUTIONS FOR A TIME s PAY A CERTAIN PENSION AMOUNT s GIVE SOME OF THE SURPLUS TO THE PROVIDENT FUND s GIVE YOU COMPENSATION MONEY IF THE FUND WAS WRONG s CHANGE A DECISION OF THE FUND TRUSTEES IF IT WAS NOT FAIR s PAY COSTS s OBEY ANY LAW OR ASK THE !DJUDICATOR FOR s AN ORDER THAT SAYS WHAT YOUR RIGHTS ARE IF THEY ARE NOT CLEAR s AN INTERDICT TO STOP THE FUND FROM DOING SOMETHING
%.$ 4(% #/-0,!).4 3IGNED AT #APE 4OWN ON THIS ;DATE= DAY OF ;MONTH= ;YEAR= #OMPLAINANT !DDRESS 4EL NO &AX NO
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s 'ET DETAILS OF THE EMPLOYEEgS MARRIAGE FAMILY SITUATION DEPENDANTS AGES OF CHILDREN WHETHER STUDYING WORKING OR UNEMPLOYED s )S THE EMPLOYEE A MEMBER OF A UNION )F SO GET THE UNIONgS NAME ADDRESS AND TELEPHONE NUMBER s $OES THE EMPLOYEE KNOW WHETHER THE EMPLOYERgS COMPANY WAS A MEMBER OF A "ARGAINING #OUNCIL s 7HAT ARE THE EMPLOYEEgS PROSPECTS OF FINDING ANOTHER JOB s $OES THE EMPLOYEE HAVE ANY OTHER INFORMATION OR DOCUMENTS THAT MIGHT BE RELEVANT TO THE CASE
#HECKLIST FOR PROBLEMS ABOUT 5)& s .AME ADDRESS AND IDENTITY NUMBER OF EMPLOYEE s 7AS THE EMPLOYEE A CONTRIBUTOR TO THE 5)& s )S THE EMPLOYEE OUT OF WORK OR WITHOUT WORK BECAUSE OF BEING PREGNANT OR ILLNESS OR HAS THE EMPLOYEE DIED AND THE DEPENDANTS ARE CLAIMING 5)& DEATH BENEFITS s 7AS THE EMPLOYEE REGISTERED BY THE EMPLOYER WITH THE &UND s )S THE EMPLOYEE PERMANENTLY RESIDENT IN 3OUTH !FRICA s (AS THE EMPLOYEE REGISTERED FOR BENEFITS s 7AS THE EMPLOYEE TOLD THAT THE BENEFITS ARE USED UP )S THE EMPLOYEE STILL UNEMPLOYED OR SICK s (AVE MORE THAN MONTHS PASSED SINCE THE EMPLOYEE LAST WORKED
#HECKLIST FOR #OMPENSATION PROBLEMS s 7HAT IS THE NAME OF THE EMPLOYEE s 7HAT IS THE ADDRESS OF THE EMPLOYEE AT WORK AND AT HOME s 7HAT IS THE AGE OF EMPLOYEE s 7HAT IS THE NAME OF THE EMPLOYEEgS EMPLOYER AT THE TIME OF THE ACCIDENT s 7HAT IS THE ADDRESS OF THE EMPLOYER s 7HAT WORK WAS THE EMPLOYEE DOING AT THE TIME OF THE ACCIDENT s 7HAT WAS THE DATE OF THE ACCIDENT s (AS THE EMPLOYEE RECEIVED ANY CORRESPONDENCE LETTERS OR FORMS FROM THE COMPENSATION OFFICE s 'IVE DETAILS OF THE ACCIDENT s 7HAT IS THE NAME OF THE EMPLOYEEgS DOCTOR s 7HAT INJURIES DID THE EMPLOYEE SUFFER IN THE ACCIDENT s (OW LONG WAS THE EMPLOYEE OFF WORK AS A RESULT OF THE ACCIDENT s )S THE INJURY PERMANENT OR TEMPORARY s #AN THE EMPLOYEE STILL DO SOME WORK OR NOT FOR EXAMPLE LIGHT DUTIES s )S THE EMPLOYEE STILL HAVING MEDICAL TREATMENT OR IS THE MEDICAL TREATMENT FINISHED
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