Labour and CCMA Disputes

Labour and CCMA Disputes In this page we discuss labour law related matters, human resources advices and leadership issues.

This seeks to target employers running small businesses and employees at large.

The Department of Employment and Labour has confirmed that it will be formalising a new minimum wage for South Africa in...
05/07/2022

The Department of Employment and Labour has confirmed that it will be formalising a new minimum wage for South Africa in the coming financial year.

Presenting its annual performance plan for 2022/2023 to parliament, the department said the investigation into the new minimum wage should be completed by November 2022, with the updated amounts set to be published by 31 March 2023.

The department most recently updated South Africa’s minimum wage on 1 March 2022, with the amount set at R23.19 for each ordinary hour worked, representing an increase of 6.9% from the minimum wage set in 2021.

Unlike in previous years, no specific worker groups have been provided exceptions, with the minimum wages for domestic workers and farmworkers now also set at R23.19 for each ordinary hour worked as part of a planned equalisation. The hike represents a 21.5% increase for domestic workers. Workers employed as part of the expanded public works programme are entitled to R12.75 per hour.

While the 2022 increase was above inflation, 2023’s minimum wage discussions will have to consider record-high fuel prices, growing grocery inflation, and the possibility that government could introduce a formal basic income grant in its 2023 national budget.

The National Minimum Wage Act was first proclaimed in 2018, setting a historic precedent in the protection of low-earning (vulnerable) workers in South Africa and providing a platform for reducing inequality and huge disparities in income in the national labour market.

In terms of the law, it is an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the national minimum wage.

The national minimum wage is the amount payable for the ordinary hours of work and does not include payment of allowances (such as transport, tools, food or accommodation) payments in kind (board or lodging), tips, bonuses and gifts.

02/12/2021

What must we do if they don't give us a bonus?

What be your answer to this question

                            MEDIA RELEASE07 September 2021 Employers under scrutiny in an ongoing joint blitz inspecti...
08/09/2021

 

MEDIA RELEASE
07 September 2021

Employers under scrutiny in an ongoing joint blitz inspection in Sarah Baartman District

The inauguration of the 2-week long blitz inspection kicked off with 45 Inspections conducted in different sectors in Addo; 12 in the Wholesale and Retail Sector, 03 in Hospitality sector, 21 Miscellaneous and 09 in the Farm Sector.

Employers in the Wholesale and Retail Sector were admonished for non-compliance with the Basic Conditions of Employment Act and served with Four (4) compliance orders and one (01) written undertaking due to underpayment of employees. They are given 14 days to comply.

Employment and Labour Inspectors are scattered in a joint operation with Sarah Baartman District Municipality, Department of Home Affairs, Department of Health and South African Police Services in an effort to scrutinize compliance with labour legislation in Addo and Kirkwood area.

The inspections saw a total of alleged 71 illegal immigrants apprehended by Home Affairs Department and South African Police Services with 68 of those being males ad 03 females. Amongst these immigrants are nationals of Lesotho, Malawi and Zimbabwe origins. All arrested foreign nationals will appear before court on Wednesday, 08th September 2021.

The aim of the inspection is to educate and enforce compliance with labour legislation; ensure compliance with National Minimum Wage Act, Basic Conditions of Employment Act, Compensation for Occupational Injuries and Diseases Act including Immigration Act and administer on-site vaccination.

“The department has noted with concern the rife allegations of exploitation of workers in particular foreign nationals within certain sectors of the economy and areas within Sarah Baartman District. It is therefore the responsibility of the law enforcers to ensure those found to be delinquent face the full might of the law”, said Head of Department; Ms Nomfundo Douw-Jack.

Inspections will continue in Kirkwood and Addo areas until the 17th September 2021. Department of Health will commence with on-site vaccination and advocacy in response to the scourge of Coronavirus in the Sarah Baartman District.

For more information, please contact:
Ziphozihle Josefu
Provincial Communication Officer
082 308 6306

“Please continue adhering to the lockdown regulations. Wash or sanitise your hands regularly and wear your mask at all times.”
-ENDS-

Issued by: Department of Employment and Labour

"At work they don't pay me for holidays reason being we don't work on holidays ... I told them that I'm entitled to be p...
10/05/2021

"At work they don't pay me for holidays reason being we don't work on holidays ... I told them that I'm entitled to be paid as labour statutory law states then then they said then labour department owes me I must visit the branch"

How does a double pay for working Sunday or Holiday work? Let's discuss

Good morning everyone.I created this page in order to give advice on labour law related matters and also to create a dia...
06/05/2021

Good morning everyone.
I created this page in order to give advice on labour law related matters and also to create a dialogue on certain labour law issues.

In my inbox greet and write what you wanna discuss with me. I have no time to attend to:-
* hi
** how are you
*** mind if I may ask a question
Please guys I am running a business and time is money.

Kind regards

01/05/2021

"Do I qualify for UI19 if I have recused myself from work after i saw the conversation between project manager and Director that i must be layed off from my duties?"

This is a question posed let's discuss it.

"Who qualifies for UIF?

05/04/2021

"I found ur nomer on fb and I just want to know how cant I make with the situation regarding my employer this year is 3 years I worj for them and whe work every day and im still a casuel worker and they dont take uif never had how cant I make in this situation" - From anonymous

Let's deal with the UIF issue
1. In terms of definition of a casual employee in the UIA 'we speak of a person that works for less than 24 hours in a month' the writer indicates that she works for the employer daily so she is not a casual employee as per the Act.
2. If she is not a sales person or agent the employer is suppose to deduct the 1% UIF and also contributes the 1% obligated to the employer.
3. If the employer doesn't comply with UIA the matter should be reported to the nearest Department of Labour for UI inspectors to visit your employer. You are not obligated to disclose your name you can request for a random inspection.

The deeming provision of LRA will be dealt with later for those interested

29/03/2021

This page is solely developed to discuss Labour Law and HR related matters.

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