Joblaw Gauteng North

02/09/2025

Please contact us on all your labour related matters eg. Hearings, Warnings and contract of employment.

06/06/2023

DOMESTIC WORKERS: IMPORTANT DEADLINE FOR EMPLOYERS THIS JUNE

In April 2023, South Africa introduced a new law stating that Domestic Workers are now considered formal employees under the Compensation for Occupational Injuries and Diseases Act (COIDA). All employers are accountable and legally required to comply with the relevant laws, and all domestic workers may claim for injuries or deaths resulting from work-related accidents.

In addition, and in order to remain compliant with this new law, employers must register with the Compensation Fund and submit annual returns.

Employers will be required to do the following:

- To make contributions to the Compensation Fund, and the employees can claim from the Compensation Fund if they become ill, are injured, disabled or killed while performing their work duties.

- To pay an annual contribution to the fund based on their employee’s total earnings for the year.

- To submit a statement of earnings paid to all employees.

The latest gazette extends this to 30 June 2023 for the 2022 assessment. For the 2023 assessment, the relevant period is 28 February 2023 to 31 March 2024. The annual assessment fee is calculated on workers’ earnings. There is a 10% penalty fee which will be imposed for late submissions.

The maximum earnings limit per employee stays as below:

February 2023 ROE Limit – R529 264 (actuals)

February 2024 ROE Limit – R658 959 (provisional)

23/09/2022

PAYING MY EMPLOYEE: EVERYTHING I NEED TO KNOW (PAYMENT OF REMUNERATION):

Section 1 of the Basic Conditions of Employment Act 75 of 1997 defines remuneration as any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State.

The Act further provides that payment of any remuneration must be paid in South African currency and can be calculated either on a daily, weekly, fortnightly, or monthly basis. The payment thereof must be paid either in cash, by cheque or by direct deposit into an account designated by the employee.

Any remuneration paid in cash or by cheque must be given to each employee at the workplace or at a place agreed to by the employee, during the employees’ working hours or within 15 minutes of commencement or conclusion of those hours and in a sealed envelope which becomes the property of the employee.

Remuneration must not be paid later than seven days after the completion of the period for which the remuneration is payable which in terms of the Act must be agreed to contractually; or when the contract of employment is terminated between employer and employee party.

This article aims to provide general information and does not constitute legal advice. For more information contact 021 919 6418 OR [email protected]

12/05/2022

WHAT IS THE RISK OF NOT HAVING A CONTRACT IN PLACE?

Whilst the common law does not require contracts of employment to be reduced to writing, the Basic Conditions of Employment Act, Act 29 of 1997 (“the BCEA”) requires every employer to provide the employee with a written contract of employment no later than the first day of commencement of employment and which must contain certain particulars.

Failure to comply with the provisions of the BCEA in this regard may result in the imposition of a fine. However, the failure to reduce the contract of employment to writing does not render it void.

All persons regarded as employees (with, or without contracts) are under the protection of existing labour legislation and principles according to section 83A of the Basic Conditions of Employment Act, section 200A of the Labour Relations Act and Common Law.

It is seen as a necessity to reduce the agreement in writing and have a contract in place to regulate important conditions of employment and to avoid unnecessary disputes, to have clarity regarding the rights and responsibilities of both parties in the employment relationship.

These conditions are, but not limited to job descriptions, business hours, remuneration, disciplinary codes, etc.

For more information contact 021 919 6418 OR [email protected]

08/03/2022

Employers, please call me for all your Labour related matters.

23/02/2022

MY EMPLOYEE IS ON A FINAL WRITTEN WARNING FOR ABSENTEEISM.

The Labour Court has held, that an employer may not take warnings issued for past individual absenteeism into account in considering whether to dismiss workers for collective misconduct such as participation in a stay-away.

Although it is seen as unfair to take individual misconduct into account when considering a sanction for collective misconduct, it is important to determine if the incident at hand qualifies as collective misconduct. Collective action refers to action taken together by a group of people (Employees) whose goal is to enhance their condition and achieve a common objective (within the workforce) and if the collective action taken, will lead to improvements in their working conditions.

The questions that should be asked are as follow:
1. Do the Employees have a common goal?
2. Is it fair and reasonable of them to expect their needs to be met?
3. Are these needs something that that the Employer has control over?

If any of these questions answers are no, the employees conduct is not seen as collective and individual disciplinary procedures can follow. If not, the Employer should only consider the merits of the collective misconduct and should not consider the employee’s individual disciplinary records.

For more information contact 021 919 6418 OR [email protected]

27/01/2022

THE BENEFITS OF HAVING US IN YOUR CORNER:

Do you tense up at the thought that you have to discipline an employee who is a shop steward? There is no need to feel this way. With the services of Joblaw (Pty) Ltd we will guide you through this process and ensure that you follow all procedural requirements.

We are a Labour Law consulting company who provides tailored and hands on services for Employers. These services include advice, drafting of warnings and final warnings, drafting company polices and employment contracts, chairing disciplinary enquires as well as assisting Employers with CCMA matters.

Stay up to date with changes in Labour Law and have the peace of mind knowing that your Labour needs are seen to. Let us do what we do best and deal with your Labour issues and this way you can focus on running your business and do what you do best and that is making money.

For more information contact 021 919 6418 OR [email protected]

23/09/2021

20/07/2020

⭕️ Let us lighten your load, contact us for all your Labour Law needs.

About our services:
➖ Compiling of each personalised contract of employment in accordance with your needs and in line with the relevant legislation applicable within your industry
➖ Training and implementation of the personalised contracts
➖ Comprehensive Disciplinary Code and relevant documentation, in accordance with the Labour Relations Act, no 66 of 1995
➖ Training and implementation of the Disciplinary Code and Grievance Procedure
➖ Unlimited Labour Law Advice – just pick up the phone or send an e-mail
➖ Our legal team will assist with Workplace Discipline and advice
➖ Drafting of disciplinary warnings and notices of disciplinary enquiries
➖ Chair Disciplinary Enquiries and maintain a full record of the proceedings
➖ Assistance and guidance with retrenchment processes
➖ Drafting of retrenchment documentation and liaison with Unions where applicable
➖ Discipline / Labour Law advice
➖ Chair disciplinary enquiries
➖ Representation at the following forums (JobLaw and its legal advisors are members of the AHI employer’s organisation):
➖ Con/Arb proceedings
➖ Conciliate disputes at CCMA / Bargaining Council
Arbitrate disputes at CCMA / Bargaining Council
➖ Condonation Applications
➖ Assistance with Review and Rescission of Awards
➖ Representation and assistance with Labour Court Proceedings
➖ Union negotiations
➖ Strike management assistance

🔴 Contact us today, We care about your business!

www.joblaw.co.za

14/07/2020

⭕️ Employee Status: Commission-only Employee

Some questions linger with regards to the legal employment status of an employee who is remunerated on a 100% commission basis, especially during the COVID-19 lockdown. The question of whether a commission-based employee is considered an employee is a prevalent one, especially in the South African employment environment where many employers try to circumvent he Labour Relations Act (LRA) in how they describe persons who perform services to their business. (Also read: “The Perpetual Independent Contractor,” 12 March 2020.)

According to Section 1 of the LRA, an employee is defined as:

Any person, excluding an independent contractor, who works for another person, or for the State, and who receives, or is entitled to receive, any remuneration, and any other person, who in any manner, assists in carrying on or conducting the business of an employer.

Read the full article here⬇️

14 Jul 0 Employee Status: Commission-only Employee JOBLAW Employment Law Employment, Employment Contract, Labour Law, Lockdown, TERS Some questions linger with regards to the legal employment status of an employee who is remunerated on a 100% commission basis, especially during the COVID-19 lockdown...