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Professional and Comprehensive Labour Law Services.
At SDC Consult Labour, we are committed to providing your company with top-tier Labour Law services, seamlessly integrated into your monthly retainer.
Our team of seasoned experts excels in delivering customised solutions that precisely align with the specific needs of your industry while ensuring strict compliance with legislative requirements.
Discover how we can elevate your business today.
Our Labour Law Services Include:
Employee Agreements and Labour Advice:
- Legal Audits: We review your operations to ensure compliance with applicable legal regulations and proactively prepare your organisation for potential inspections conducted by the Department of Labour and Employment.
- Drafting of Employment Contracts and Agreements: Our experienced legal team crafts robust employment contracts and agreements, safeguarding your interests in line with legislative requirements.
- Assistance with Confidentiality and Restraint of Trade Agreements: We provide expert guidance on confidentiality and restraint of trade agreements, protecting your company's sensitive information.
Codes, Policies & Procedures:
- Drafting of Codes, Policies and Procedures: We create comprehensive policies and procedures that align with the latest industry trends and legislation, keeping your organisation compliant.
Internal Disciplinary Hearings, Ill-health / Incapacity Enquiries, Performance Management, Grievance Enquiries:
- Presiding over Internal Disciplinary Hearings, Ill-health, Incapacity and Grievance Enquiries: Our professionals preside over these proceedings, ensuring a fair and unbiased process, and delivering appropriate recommendations.
- Conflict Management: We specialize in conflict resolution through effective interventions, facilitation, and preventative measures, fostering a harmonious workplace environment.
- Documentation Support: We supply all necessary documentation related to internal procedures.
Facilitation Of Retrenchment & Restructuring Processes (S189/189A of the LRA)
SDC Consult expertly facilitates retrenchment and restructuring processes, providing comprehensive guidance and support throughout the entire process.
Representation and Litigation:
- Representation & Litigation at CCMA and Bargaining Councils: SDC Consult stands by your side during conciliation, arbitrations, recission applications, interim application and interpretation of and application of disputes.
- Expertise in Unfair Labour Practice Disputes: We handle unfair labour practice disputes with precision and dedication.
- Unfair Dismissal Disputes: Our team is skilled at navigating and resolving unfair dismissal disputes.
Collective Bargaining:
- Facilitation of Trade Union Negotiations: SDC Consult assists in negotiating with trade unions, ensuring your company's interests are protected.
- Strike / Lockout Management: We provide strategic support for managing strikes and lockouts, minimizing disruptions to your operations.
24/7 Telephonic Assistance & Guidance:
- Our dedicated support is just a call away, ensuring you have ace to expert guidance whenever you need it.
WHEN MUST A MEDICAL CERTIFICATE BE SUBMITTED?
The Basic Conditions of Employment Act stipulates that when an employee is absent for longer than 2 consecutive days, or on more than 2 occasions during an 8 week period, the employee must submit a medical certificate.
WHEN IS AN EMPLOYEE CONSIDERED TO BE A CASUAL EMPLOYEE:
If the employee works less than 024 hours per month.
WHEN IS AN EMPLOYEE CONSIDERED TO BE UNDER THE INFLUENCE OF ALCOHOL:
When an employee’s faculties are impaired to such an extent that he is unable to perform his / her tasks entrusted to him / her with skill expected of sober person for example, he / she has bloodshot / red eyes, unsteady on the feet, slurred speech.
AMOUNT OF ANNUAL AND SICK LEAVE ENTITLEMENT
Firstly we begin to question the amount of days the employee works per week and whether the company form part of a sectoral determination or Bargaining Council.The Basic conditions Act provides for 21 consecutive days / 15 working days of annual leave per annum. It can be calculated pro rata as 1 hour/day for every 17 hours/days of work.
Sick leave depends on how many days the employee has worked, for a 5 day week, an employee will get 30 days over a 3 year period. Then if an employee works a 6 day week, they will get 36 days for a year period.
Expired sick leave cannot be carried over and an employee is to only receive pro rata sick leave for the first 6 months of employment (1 day for every 26 days worked), once the 6 months have passed, they may take the full 30/36 days all at once provided that they provide proof of incapacity.
IS IT CRUCIAL TO HAVE CONTRACTS FOR EMPLOYEES?
Yes, as it eliminates all uncertainty in the future with employees.
Having a contract in place projects both the employee and employer, in terms of certainty with working hours, working days, whether the employee is required to work overtime or public holidays, whether the employee consents to deductions made if they commit a misconduct.
DO YOU HAVE TO PLACE AN EMPLOYEE IN A HEARING IF YOU HAVE VIDEO FOOTAGE OF AN EMPLOYEE STEALING AND WHO ADMITS GUILT?
Yes, regardless of the evidence the company has and regardless of previous warnings on file, the Labour Relations Act, prescribes that an employee must be subjected to fair process and procedure. This means that should a company wish to dismiss an employee based on misconduct, the company need to place the employee in a disciplinary hearing before they are dismissed.
CAN AN EMPLOYEE BE EMPLOYED ON A FIXED TERM CONTRACT TO MONITOR PERFORMANCE AND IF HE / SHE DOES NOT PERFORM CAN THE CONTRACT BE ENDED?
No No, a fixed term contract is not to monitor an employee’s performance. A fixed term contract must be used in relation to the justifiable reasons that are stipulated in the Labour Relations Act.
Essentially a fixed term contract is in place for companies where the work itself is limited and or whether a justifiable reason exist.