What is the role of a chairperson?
What is the role of a chairperson in a disciplinary hearing? The role of the chairperson: The person considering the allegations against the employees and any response thereto, often referred to as the chairperson, should be free of bias against the employees concerned and must keep an open mind before making any decision. … Read more
Is it legal to work without an employment contract?
Answer: There is no general requirement in our labour law for an employee to have a formal employment contract which regulates all aspects of the service relationship. All persons regarded as employees according to section 83A of the Basic Conditions of Employment Act, section 200A of the Labour Act, and common law, enjoy the protection … Read more
My employer wants to deduct money from my salary
My employer wants to deduct money from my salary without my input. Is that legal? He says I owe him money because stock went missing and I have to sign an admission of guilt. Section 34 of the Basic Condition of Employment Act No. 75 of 1997 provides for deductions and other actions regarding remuneration. … Read more
May I be represented by a labour consultant at the CCMA?
May a party be represented by a labour consultant at the CCMA? Rule 25 of the CCMA determines by whom a party may be presented at CCMA conciliation and arbitration proceedings. At conciliation proceedings, the employer party may be represented by an employee or director if the employer is a company; a closed corporation … Read more
How is my retirement age determined?
How is my retirement age determined when my retirement age is not indicated in my service contract and my employer also has no written policy regarding a retirement age? Section 187(2)(b) of the Labour Relations Act (No. 66 van 1995) stipulates that the termination of an employee’s service, based on the employee’s age, will be … Read more
The effect of warnings
The effect of warnings or previous convictions on a punishment A final warning can be based on the severity of an offence, but it can also be used by itself to justify a final warning or it can be justified by previous warnings. It is a requirement that only previous warnings given with regard to … Read more
Employee’s notification about overtime
Is an employee obliged to notify his or her employer if they plan to work overtime? Section 10 of the Basic Conditions of Employment Act deals with overtime and stipulates the following: “An employer may not require or permit and employee to: work overtime, except per agreement; work more than ten (10) hours overtime per … Read more
Can I take sick leave to take of my child?
I had to take time off work to take care of my child who was sick. Can I apply for sick leave? Section 22 of the Basic Conditions of Employment Act regulates an employee’s sick leave, and section 23 of the mentioned Act regulates the proof of incapacity. The purpose of an employee’s sick leave … Read more
Make sure deductions are made correctly
In terms of section 33 of the Basic Conditions of Employment Act (“the Act”) an employee must receive information in writing about his or her remuneration. The Act furthermore requires that such written information, also known as an employee’s payslip, details one’s earnings, as well as the amount and purpose of any deduction(s). Section 34A … Read more
How are days counted in terms of CCMA rules?
Rule 3 of the CCMA rules regulates this aspect and provides as follows: In terms of the rules, the word “day” in the calculation of any time period means a calendar day, and the first day is included but the last day is excluded. The last day of any period is excluded if it falls … Read more