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 EMPLOYD 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.
WHAT IS SDL?
SDL is a levy imposed to encourage learning and development in South Africa and is determined by an employer’s salary bill.
WHEN SHOULD AN EMPLOYER REGISTER FOR SDL?
Where an employer expects that the total salaries will be more than R500 000 over the next 12 months, that employer becomes liable to pay SDL.
HOW MUCH DO YOU NEED TO PAY?
1% of the total amount paid in salaries to employees (including wages, overtime payments, leave pay, bonuses, fees, commissions, and lump sum payments).
WHO IS LIABLE TO COMPLY WITH THE EMPLOYMENT EQUITY ACT?
Any employer who employees 50 or more employees is liable to comply with the EE act. Strict fines may be imposed by Department of labour on those that do not comply.
WHEN DOES A COMPANY NEED TO COMPLY WITH COIDA?
The COID Act in South Africa, requires all employers, who employ one or more employees, to register with the Compensation Commissioner within 7 working days from the date of first employment.