Is your pay slip compliant with the legislation?

Ensuring that employees receive accurate and compliant pay slips is not just a matter of good practice—it’s a legal requirement. Pay slips are essential documents that provide a detailed breakdown of an employee’s earnings and deductions, ensuring transparency and fostering trust between employers and their staff. However, beyond their functional role, pay slips must adhere to specific labour legislation to protect both parties’ rights and ensure fair treatment in the workplace.

In this blog post, I will explore the critical elements that make a pay slip compliant with labour legislation. Whether you are an employer aiming to meet legal standards or an employee wanting to understand your rights, this guide will provide you with the knowledge you need to navigate the complexities of pay slip compliance.

Where in the legislation can you find the information on the requirements of a play slip?

You will find information on the legislative requirements of pay slips in Chapter 4 of the Basic Conditions of Employment Act.

Section 31 of the BCEA (Basic Conditions of Employment Act) requires that the following information by kept by the employer:

  • The employee’s name and occupation
  • The time worked by each employee
  • The remuneration paid to each employee
  • The date of birth of any employee under 18 years of age
  • And other prescribed information

This information must be kept by the employer for a period of 3 years (Section 31(2)).

The information about what must be contained on a pay slip can be found in Chapter 4 as well, but under Section 33.

What information must be on the pay slip?

Section 33 of the BCEA requires that each time an employee is paid, they must receive the following information (this means that this information should be on every pay slip):

  1. The employer’s name (the name of the company) and address
  2. The employee’s name and occupation
  3. The period for which the payment is made
  4. The employee’s remuneration in money
  5. The amount and purpose of any deduction made from the remuneration
  6. The actual amount paid to the employee
  7. If relevant – the employee’s rate of remuneration (e.g. their hourly rate) and the overtime rate
  8. If relevant – the number of ordinary and overtime hours worked by the employee during the period for which the payment if made
  9. If relevant – the number of hours worked by the employee on a Sunday or a public holiday during that period
  10. If an agreement to average working time has been concluded in terms of Section 12, the total number of ordinary and overtime hours worked by the employee in the period of averaging

I hope this information is useful.

Please remember to check out my Youtube channel for more information.

Carmen Fourie

Mutual Termination Agreement – Retrenchment

When an Employer contemplates dismissing an employee/s for reasons related to operational requirements (retrenchment), an Employer is required to follow the procedure as set out in Section 189 in the Labour Relations Act.

This can be a daunting procedure for both Employers and Employees. As such, the parties often look to concluding an amicable retrenchment agreement rather than going through the consultation process. Or they reach an agreement during the consultation process. This is where the mutual termination agreement becomes necessary.

“I am of the opinion, that in most cases it is preferrable for an employee and an employer to come to an agreement, rather than forced outcomes. ”

Carmen Fourie – Employment Relations Practitioner

At any point during or before the Section 189 procedure an Employer or an Employee could propose the possibility of an agreement. If an agreement is reached – you can use my mutual termination agreement template to protect both the Employee and the Employer.

*Please note I do not recommend voluntary retrenchments or voluntary retrenchment agreements. I cover this in a Youtube video that you can find on my Youtube Channel.

If the parties are unable to reach an agreement or the retrenchment procedure needs to start I recommend my video on the Section 189(3) letter that starts the procedure and the accompanying Section 189(3) notice of contemplated dismissals template available for download.

Carmen Fourie – Employment Relations Practitioner

How long does a disciplinary hearing take?

Today I chaired a hearing that took 2 hours. That is not the usual, but it is also not that uncommon. If I were to estimate I would say that the average time for a hearing is between 30mins to an hour. But, here are some factors I consider when it comes to the time it takes to complete a disciplinary hearing.  

Why do we need to know how long a hearing takes?

A large portion of the work I do is chairing disciplinary hearings. It is helpful to have some idea of how long hearings take so that I can schedule other meetings and work accordingly.

It is helpful for employers to know how long a hearing takes to be able to schedule their time around the hearing, as well as have a cost estimate if they are paying the chairperson an hourly fee. It is also helpful for employers (and when I say employers, I also mean managers representing the employer) to know how long witnesses (if there are any) and/or employee representatives will be away from their work to participate in the hearing.

Therefore, as much as I prefer not to focus too much on the time it takes to complete a hearing – there are practical and cost considerations.

How much time do I set aside for a hearing?

There isn’t a straightforward answer to this. It depends on the client, the disciplinary offence, and other factors around the disciplinary hearing. I’ll provide the answer but before I do, here is something important I would like to share:

I used to chair hearings where my diary was scheduled for me, and I simply showed up to the hearing. In my experience this often resulted in major discrepancies between the time allotted and the time the hearing takes, or it resulted in immense pressure to conduct a hearing faster than I would like to conduct it. I can complete a hearing very quickly, but if the desired outcome is speed, it will come at a cost. The cost wouldn’t be to the procedural fairness since the requirements for procedural fairness are fairly easy to comply with. In my experience it comes at the cost of empathetic and effective employment relations.

I don’t measure my success as a chairperson by how many people refer their cases to the CCMA, but it is a tangible metric to depict the point I am making and therefore I am going to use it.

When I used to work under time pressure, and I was expected to complete several hearings a day in short periods of time – I could reasonably assume that several of those individuals may opt to challenge the outcome and/or the procedure at the CCMA. This was considered normal.

When I started Fourie Employment Relations, for many reasons, I decided that I would not schedule a hearing in a way that creates a time pressure for me. I knew this meant I would schedule less work on any day and that it would mean less income for me. I was willing to make less money to ensure that I could give my full attention to the disciplinary hearing and not clock watch. That I could allow time and slow things down when emotions became incredibly heightened in hearings (as they often do) and that I could slow down to ensure that at every step of the way I could give the time necessary to ensure there were no misunderstandings and to clearly take the employee sitting there with me as I share how I interpret the information presented to me, the factors I consider and exactly how and why I come to the decision I do.

And I would like to clarify here – I value efficiency. I do not unnecessarily slow down a hearing and when I conduct a hearing I do so efficiently. Because I have done so many hearings, I can easily tell what information is or isn’t relevant and I can guide the hearing to stay on track and on point. I would like to stress here that a hearing shouldn’t be unnecessarily long.

That all being said when I schedule a hearing, I generally put aside 2 hours, even though 90% of the hearings I do take between 30 mins to an hour, with a large portion of the 90% taking closer to 30 mins than an hour. This means that most of the time I have set aside more time for a hearing than is needed.  

But what I have experienced from doing this and why I continue to do this is – If I set aside 2 hours I am never rushed in the hearing. If I set aside 2 hours, I can comfortably allow time for heightened emotions, disruptive conflict and to ensure clarity throughout the hearing. I can allow time for unexpected complexities in the case without needing to reschedule or disrupt the rest of my day. And while the extra time may only be needed in 10% of those cases. What I have experienced from my decision to schedule my hearings this way is that I cannot remember the last time an employee challenged an outcome or procedural fairness of a hearing I chaired. I have not had a single case referred to the CCMA in over a year and I have chaired many hearings.

It is my belief that the reason the cases are not going to the CCMA is because I am taking the time to clearly take the employee along with me as I interpret the information, I calmly and empathetically allow for their heighted emotions (sitting in a hearing can be very scary and their jobs are at stake – their emotions are valid), and I am fully present with their case. By the time I give an outcome in a hearing there are no surprises. The employee has clearly understood how every bit of information discussed impacted that decision.

And just like I think there is danger in using time as a metric of a good hearing – I do not determine my success as a practitioner based on how many cases go to the CCMA, because then I run the risk of issuing lighter sanctions for fear of CCMA cases. The only reason I am sharing what I have experienced in regard to the CCMA case referrals is because it is a quantifiable way to show the value of truly effective and empathetic employment relations.

All our choices have consequences. I believe that when hearings are chaired under time pressure and without empathy for the individuals involved – it will result in more resources wasted in the medium to long term. So – you might save time today, but you will probably spend more time and money on another day.

Concluding remarks

Having said all that – the other reason I schedule my own hearings is because I can often tell based on experience how long or short a hearing may be, and some offences are inherently more complicated than others. So while I say that I generally schedule 2 hours, there are times where I will set aside less or more time. Discrepancies in time allotted and the time a hearing takes, in my opinion, result often when the hearing time is scheduled by someone who does not have experience with hearings.

I am currently working on a Youtube video titled: Mistakes I made as a chairperson – subscribe to my Youtube channel to avoid missing a video.

I am also currently working on a workshop for leaders on how to chair disciplinary hearings, because I believe many hearings can be done internally if the leaders have the right resources (checklists, forms, notifications, and other documents), as well as a bit of guidance and skill building. I believe that only some hearings should be chaired by a professional. Follow me on social media to see upcoming workshops or contact me if you want a specific workshop for your leaders.

If you would like me to chair a hearing, you can contact me at: admin@employmentrelations.co.za.

A useful resource for leaders is my disciplinary guide that includes 65 offences and my recommended disciplinary sanctions for the offences. This document has been used by several managers in different companies and so far the feedback is that it is very helpful with managing the day to day disciplinary action.

I also have a disciplinary bundle available that includes a notice to attend a disciplinary inquiry template, suspension template and warning templates.

Information about the documents for sale:

The sale of the documents goes towards hosting this website and the Youtube video editor. Having an editor allows me to put out free information while still offering consulting services. Please consider purchasing a template if you believe it will be useful.

The documents are drafted with the South African Employment Relationship and Legislation in mind. They are priced in dollars to facilitate the document being available immediately after payment has been made. Payment is made through a secure Paypal portal and this portal accepts South African bank accounts/cards. Once payment has gone through, the document will be available for download. If you would prefer another payment method, please email admin@employmentrelations.co.za.

Carmen Fourie

Employment Relations Practitioner & Director of Fourie Employment Relations Pty Ltd

Suspending an Employee before a Disciplinary Hearing

Is the suspension before a disciplinary hearing paid?

Yes, if you are suspending an employee before a disciplinary hearing, the suspension is with pay.

“But they stole from the business” or “But they assaulted someone”

I completely understand the frustration that comes with suspending an employee with pay before a disciplinary hearing, however, the purpose of a disciplinary hearing is to allow an employee a fair opportunity to state their case and present their side.

It would be unfair to assume, even with very strong face value evidence, that an employee is guilty before the disciplinary hearing. It is for this reason that the suspension is paid.

Why does it matter how an employee is suspended?

‘Unfair labour practice’ means any unfair act or omission that arises between an employer and an employee involving –

(c) the unfair suspension of an employee or any other unfair disciplinary action short of a dismissal in respect of an employee

Extract from the Labour Relations Act Section 186(2)

It matters for two reasons. Firstly, it is a legislative requirement to fairly suspend an employee and an unfair suspension is classified as an unfair labour practice. The second reason is that how employees are treated matters, even if that employee is exiting the business. Other employees and people witness the treatment and this influences their perception of the employer/management. This perception if tainted can lead to costly counterproductive behaviours that could be avoided.

My recommendations when it comes to suspending an employee before a disciplinary inquiry:

  • Only suspend an employee is you really believe it is necessary or truly believe that allowing them to continue to work would be a potential risk to the business or other people.
  • You do not have to suspend an employee before all hearings for dismissible offences.
  • Give an employee an opportunity to state why they should not be suspended before suspending them. Seriously consider the reasons provided by the employee.
  • Speak to the employee in a calm and respectful manner (how a person is treated matters)
  • Clearly explain the reason for the suspension and remind the employee that they will be given a fair opportunity to state their case at the disciplinary inquiry.
  • Issue the suspension letter with a notice to attend a disciplinary inquiry when ever possible.
  • Try to limit the number of days the employee is suspended as far as possible and with consideration to still ensuring they have sufficient time to prepare for the disciplinary inquiry.
  • Lastly – Download my precautionary suspension template for a small fee to ensure that you have the correct paper work in place when suspending an employee.

For more Employment Relations information follow me on other social media platforms:

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Information about the documents for sale:

The sale of the documents goes towards hosting this website and the Youtube video editor. Having an editor allows me to put out free information while still offering consulting services. Please consider purchasing a template if you believe it will be useful.

The documents are drafted with the South African Employment Relationship and Legislation in mind. They are priced in dollars to facilitate the document being available immediately after payment has been made. Payment is made through a secure Paypal portal and this portal accepts South African bank accounts/cards. Once payment has gone through, the document will be available for download. If you would prefer another payment method, please email admin@employmentrelations.co.za.

Information about my services

I wish to provide affordable or free employment relations information to equip employers and employees to handle most situations on their own, but I also believe having a strong foundation of documentation in place is helpful and it is also necessary in some situations to sound board with a professional or have a professional facilitate the procedure.

If you would like me to draft specific employment relations documentation or would like an online consultation (including chairing hearings and facilitation of other employment relations procedures) you can contact me via email: admin@employmentrelations.co.za

Carmen Fourie

Employment Relations Practitioner & Director of Fourie Employment Relations Pty Ltd





What is an Employee paid when they are Retrenched?

In this week’s video I discuss all the various payments an employee is entitled to when they are retrenched. I start by discussing payments due when the employment relationship terminates (through the contract ending, resignation or dismissal), then payments due specifically when an employee is dismissed and then payments due when an employee is retrenched. This way you are given information relating to other ways the employment relationship terminates and what is paid out on termination.

In addition to the above I discuss other relevant information like how to calculate annual leave that is owed and when annual leave is paid out, when employees are not entitled to severance pay, when notice of termination starts for retrenched employees, how to calculate the daily rate for an employee paid on a monthly basis in accordance with the Basic Conditions of Employment Act and more.

My Section 189(3) notice of contemplated retrenchment letter can be found HERE if you would like to use it. It is my most downloaded document to date with great feedback from employers and managers who have used it.

If you would like further information on how to complete a Section 189(3) letter I have a video about that:

A reminder that your engagement with the videos and available documents is how I can continue to publish free employment relations information. Please consider subscribing to my Youtube Channel.

Carmen Fourie,

Employment Relations Practitioner and Director of Fourie Employment Relations

2022 Earnings Threshold

What does it mean if an employee earns below or above the earnings threshold?

In the latest Employment Relations video, I share the new earnings threshold for the labour legislation of South Africa, as well as what it means to earn above or below the threshold.

The earnings threshold from 01 March 2022 is R224 080.48 per annum. To determine what is included and what is excluded: How to calculate the earnings threshold?

In the video I cover all provisions from the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act that are only applicable to those who earn below the threshold. Throughout the video I share tips and recommendations for Employers & Employees.

Watch the video here:

I hope you find value in this information. Please consider supporting my channel by subscribing, liking and commenting on the video.

Carmen Fourie,

Employment Relations Practitioner & Director of Fourie Employment Relations (Pty) Ltd

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Issuing a notice to attend a disciplinary hearing

If you need a template for a notice to attend a disciplinary hearing (also known as a disciplinary inquiry or disciplinary enquiry), you can, for a small fee, purchase it HERE.

Please note: The price is in dollars to facilitate the automatic payment through Paypal to ensure that the document is available immediately after payment has gone through, but the document has been drafted with SOUTH AFRICAN labour relations in mind.

This document has been uploaded in anticipation of the latest video that will go live on Monday, 28 February 2022 – A video all about disciplinary hearing notices. This video may be useful for employers, managers, employee representatives and employees.

To ensure you don’t miss a video – remember to subscribe to my Youtube channel. This also helps me to continue to upload free employment relations information.

If you would like me to chair your disciplinary hearing please contact admin@employmentrelations.co.za

Thank you for your support,

Carmen Fourie,

Employment Relations Practitioner & Director of Fourie Employment Relations

What disciplinary action to take?

Employers and managers are often faced with this question – what is the appropriate disciplinary action to take given that a particular transgression has occurred?

Often managers rely on labour relations consultants to advise them (which is a great resource when needed), but what if managers could feel more comfortable to manage the day to day disciplinary action without the assistance of an employment relations practitioner?

My goal is to equip managers and employers with the knowledge and resources to be able to implement fair and effective labour relations without it being a major business expense. To equip managers and employers to only outsource the exceptional cases, and to feel empowered to handle the day-to-day matters.

In the video below I discuss one way that employers and managers can improve the effectiveness and fairness of disciplinary action in the workplace. This method has been tried and tested by several of my clients and so far the feedback is that it works!

For a small fee you can purchase my disciplinary guide – the use of it (I believe) will save employers time and money.

Please note the document’s price is in dollars, but it is drafted with South African employers & managers in mind. The currency is to facilitate the automatic payment system so that the document is available immediately after payment.

Carmen Fourie,

Employment Relations Practitioner & Director of Fourie Employment Relations

Tips for issuing warnings in the workplace

In the latest video I provide 8 important tips for issuing warnings in the workplace. This video is for managers, supervisors, team leaders and employers to feel more comfortable with implementing fair, effective and efficient corrective measures in the workplace. The video comes with many practical examples.

For disciplinary templates (warnings, notice of a hearing and more), you can purchase mine here for small fee: Disciplinary Bundle – 7 Misconduct Templates.

*Please note that the templates are priced in dollars, but they are made with SOUTH AFRICAN employment relations in mind. The price is in dollars to facilitate automatic payment. You will be able to pay with South African bank cards and the documents will be available immediately after payment has gone through.

If you would like to equip yourself or your managers even more, you can purchase my Disciplinary Guide for Managers & Employers. It includes 65 disciplinary offences and my recommended disciplinary action. As a bonus I included a quick reference guide for poor work performance, medical incapacity and retrenchment.

A video filled with details about implementing a disciplinary guide, the benefits and when to have a disciplinary hearing will go live on Friday, 25 February 2022. Subscribe to my channel to avoid missing out on lots of free employment relations content.

Watch the video on tips for issuing warnings in the workplace here:

I hope you find this information valuable – I would love to hear your feedback.

Carmen Fourie, Employment Relations Practitioner & Director of Fourie Employment Relations.

To book an online consultation with me kindly email admin@employmentrelations.co.za.