Some provisions of the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act are only applicable to employees who earn below the earnings threshold as set by the Minister of Labour from time to time. The previous earnings threshold was R205 433.30 per year. The new earnings threshold as of […]
Category Archives: Uncategorized
A new document has been added – Probationary Period Contract Clause
In anticipation of our upcoming video, I have loaded a new document to assist Employers – a word document containing my recommended probationary period clause. This clause contains five sections that summarize the requirements of both Employers and Employees during the probationary period. It is my belief that contracts of employment should provide clarity on […]
Can Employers deduct notice of termination from Employees who do not resign with sufficient notice?
Employers and Employees are required to give notice of termination as per the Basic Conditions of Employment. You can watch my video on Notice of Termination HERE. In that video I discuss what needs to happen if an Employer does not give sufficient notice of termination. In the latest video I answer the question “What happens […]
Sick Leave Contract Clause
If you are looking for how to include sick leave in your contracts of employment and ensure compliance with the Basic Conditions of Employment Act – You can use our template and download it HERE. This document contains a complete sick leave clause that details the Employee’s entitlement to sick leave during the first 6 […]
Sick Leave Policy Template
You can download our Sick Leave Policy Template HERE. This policy is used to clearly set out the requirements for a medical certificate to be accepted. It provides a list of what will be accepted and what will not be accepted, including reference to clinic notes. Furthermore, the sick leave policy includes information on dishonest […]
Overtime Agreement Template
Overtime can only be worked by agreement. You can download our Overtime Agreement Template HERE. This agreement is used to implement overtime in accordance with the requirements of the Basic Conditions of Employment. It includes all provisions of Section 10 of the BCEA, as well as other important restrictions. Furthermore, this agreement includes all variations […]
Section 189(3) Retrenchment Letter
You can download a template for a Section 189(3) Retrenchment Letter HERE. To get the most from the template and start your retrenchment off on the right foot – watch our video on How to draft a Section 189(3) retrenchment letter on our Youtube Channel.
Who represents Employees during a Retrenchment Consultation?
When an Employer contemplates dismissing one or more Employees for reasons based on the Employer’s operational requirements (i.e. retrenchment), the Employer must consult with….. Firstly – Any person whom the employer is required to consult with in terms of a collective agreement (this is usually in the case where an Employer belongs to a bargaining […]
Is your Retrenchment a Section 189 or Section 189A (Large Scale Retrenchment)
It is important for both Employers and Employees to know whether their retrenchment falls under Section 189 or Section 189A. Section 189A is commonly referred to as a large scale retrenchment. This article will help you determine whether yours is a Section 189 or Section 189A. A retrenchment is considered a Section 189A, when: Firstly […]
Can Managers force Employees to work Overtime ? | Can Employees refuse to work Overtime?
In this video I answer the often asked question: Can Employers force Employees to work Overtime / Can Employees refuse to work overtime. I unpack some relevant sections of Section 10 of the Basic Conditions of Employment Act, and provide some practical examples what would would (in my opinion) constitute as reasonable refusals to work […]