News

Back to Basics

on Sunday, 24 August 2014. Posted in News

As many of you know and I frequently remind you all it is essential to have your basic HR structures in place. Not only for compliance and to protect you but also to make your life easier!

Let's look at compliance first.

Did you know that it is a requirement of the Basic Conditions of Employment Act (BCEA) that each staff member has a Contract of Employment and a Job Description?

If you employ staff you need to register with and pay fees to the Occupational Accidents and Compensation Fund.

You are required to register and make the relevant payment to the Unemployment Insurance Fund (UIF). You have a legal obligation to register with this fund and contribute on behalf of your employees. All employees who work for more than 24 hours per month must contribute to the UIF. Employees pay 1% of their salaries and their employees another 1% every month. It's your responsibility as the employer to deduct your employee's contribution from his or salary and pay it to the Fund together with your 1%.

In addition to compliance it is essential for ease of management and peace of mind to have in place your basic HR Policies in place. As a minimum I would recommend an Absence Policy, Disciplinary & Grievance Policy, and a Substance Abuse Policy.

Your contracts and policy documents will help you with the questions below

"Albert hasn't come to work for three days, what procedure should I follow?"
"Mary is on maternity leave – we discovered lots of mistakes in her absence, can I dismiss her?"
"Sam, wants me to pay him out for him remaining 10 days' annual leave, instead of taking these days, can I allow this?"
"Can I grant Ndomiso family responsibility leave if her cousin has died?"
"Edward is not performing well during his probation period – how do I dismiss him?"

Further areas to consider:

Are your managers trained in the policies and implementing them consistently?
Are your employee records / staff files all up to date?
Do you record absenteeism and do you know how to contact staff in their absence?
Are you recording counseling sessions?
Do you have more than 50 employees? If you do, are you aware of your Employment Equity reporting requirement?
Do you have a Skills Development Plan?

Although I encourage you all to be on top of current legislation and best practice, I know you have your "day job" to do, so please call me and I will help with HR Compliance including contracts, policies, as well as those tricky HR related questions and much more.

AWOL

on Wednesday, 20 August 2014. Posted in News

I have had a number of calls recently about employees who do appear to be genuinely ill but who have not followed the correct reporting procedure for their absence. Many of you are frustrated that the employee has let you down, causing problems with covering their work and setting a precedent for other staff who chose not to attend work.

You are still able to take disciplinary action – you are not disputing that the employee was ill, but you are taking action against their failure to communicate with you about their absence. Please ensure that staff are fully aware of the procedure for reporting any absence to the company. العناية بالبشرة Do they know when they need to phone and who they need to phone? Do staff know the requirements for providing Doctors certificates. Is it clear to them that it is their responsibility of to contact you and not for you to contact them? Do you have a policy about reporting absence?

Steps to take.
Although it is the employee's responsibility to inform you of any unscheduled absence, should they not attend work and you not hear from them it is advisable for you to call that employee to find out more about the situation. Ask fellow staff whether they know where the employee is or if they have any information about his absence. At the very least send an SMS instructing the staff member to contact you or return to work by a specific date and time to explain their actions. ماسكات العناية بالبشرة Keep a record of any attempt to contact your staff member as you may need to rely on that later.


Call me if you need assistance drafting an Attendance Management Policy.

AVOID EMPLOYMENT EQUITY SANCTIONS

on Tuesday, 27 September 2016. Posted in News

The Employment Equity Act 55 of 1998 together with the Employment Equity Amendment Act 47 of 2013 seeks to necessitate a robust constitutional objective: Every workplace should be broadly representative of the people of South Africa. The Act aims to achieve this by implementing affirmative action measures, promoting equal opportunity, ensuring fair treatment and eliminating unfair discrimination. The legislation contains provisions of which designated employers must comply with in order to avoid heavy fines and sanctions.

Are you a designated employer?

A designated employer, according to the Act, is an employer who employs more than 50 employees, or an employer who employs less than 50 employees but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of schedule 4 of the Act.

How do I comply?

Legislative provisions require that a designated employer must consult with their employees and respective trade unions in order to identify employment barriers and the degree of underrepresentation in respect of policies, practices, procedures and work force. The designated employer must then conduct an analysis which precedes the preparation of an employment equity plan.  قناع للوجه بالحليب البودرة The initial development of an equity plan must be submitted in a report to the Director General of the Department of Labour on the 1st of October, and subsequent reports must be submitted once a year by the 1st of October. The Act requires that a designated employer must assign a manager to monitor and implement the plan.

Non-Compliance

In the event of non-compliance or deviation the concerned managers will be held accountable and action can be taken against him or her for non-compliance. Additionally, the designated employer is not relieved of their obligations in terms of the Act.

If a labour inspector finds that there has been failure to comply with the legislative provisions, he/she may issue a compliance order, which subsequently must be displayed in an area accessible for all employees to read (embarrassing!!).

Non-compliance with a compliance order will result in the order being made an order of labour court.


The following table sets out the amended fines will be imposed for non-compliance with the Act.

equity  

In order to get off the starting blocks for EEA compliance, the first step is to arrange for your employment practices to be aligned with the Act. This includes recruitment procedures, advertising, selection criteria, appointment processes, job classification, remuneration, العناية بالبشرة employment benefits, training, promotions, demotion, disciplinary measures and dismissals.

If you, as an employer, sense that your workplace practices and policies fall short of your legislative obligations, you should act now. October is almost upon you!

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