Stuff Employers Should Know

BGD and Yas go through some of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQ 

There are vast misconceptions with regards to the appropriate and legally correct use of fixed term contracts or temporary service agreements. 

 New legislation may now deem employees on fixed term contracts to actually be permanently employed.

 In this episode, BGD and guest Adri Louw discuss the laws and regulations of non-standard employment.

BGD gives Yas a summary of calculating monthly, weekly, daily and hourly wages or remuneration.

Summary of calculations:

Hourly Wage = Daily wage / # of ordinary hours worked in a day
or
Hourly Wage = Weekly wage / # of ordinary hours worked in a week

Daily Rate = Hourly wage x # of ordinary hours worked in a day
or 
Daily Rate = Weekly wage / # of ordinary days worked in a week

Weekly Wage = Daily wage x # of ordinary days worked in a week
or  
Weekly Wage = Monthly wage / 4.33 

Monthly Wage = Weekly wage x 4.33 

Employers are being required to enter into POPI security agreements and make declarations regarding their POPI security status with third parties. Is this open for abuse?

Friend of the show, Attorney Samantha Walker, is back and takes us through the why? and how? of POPI security assessments assessments and questionnaires.

Listen to the Podcast on POPI and Recruitment Applications by Employers.

BGD is joined by Litigation Manager, Juan-André Mulder, and go through the process of defending a dispute at the CCMA or a Bargaining Council.

Related Episode: Getting a Case Dismissed at the CCMA
 

Overtime is only permitted to be worked by agreement, most employers do not know that there is legislation that may deem their overtime agreement to be invalid. 

In this episode BGD and Yas discuss the implementation of legitimate and enforceable overtime agreements by employers. 

Many employers are obligated to pay a Skills Development Levy to the South African Revenue Services most just see it as a compulsory payment of 1%  from their monthly payroll.

Employers don’t realise that they are able to claim a portion of this money back from their Sector Education Training Authority (SETA). There is a pool of funds available through Skills Development that they have access to and which is rightfully theirs.

BGD talks to Kyle Wesemann about the benefits of skills development and how employers, by complying with certain legal and procedural requirements, may claim up to 70% of the SDL back from their SETA.

Drop us a mail at [email protected] and we will get you in touch with Kyle and his team before the submissions deadline of 30 April 2022.

In terms of Government Gazette dated 8 February 2022 and with effect from 1 March 2022 employees whose annual ‘earnings’ equal or exceed R224,080.48,  equivalent to R18,673 per month, will be excluded from the application of various sections of Chapter Two of the Basic Conditions of Employment Act (BCEA).

In this episode BGD explains what this means for employers and goes through the various applications of the BCEA 'earnings threshold'.

What happens when an employee falls ill while they are on annual leave? Does it convert to sick leave? BGD answers some common questions regarding an employee's entitlement to sick leave. 

In order to enforce the rules and regulations set by an employer, the employer may issue a series of sanctions intended on correcting an employee’s conduct. These range from verbal warnings, written warning, final written warning and ultimately summary dismissal of the employee. 

Should there be any dispute about the fairness of a dismissal or even in some instances the issuing of a sanction short of dismissal – the commission or council will assess fairness on substance and procedure. 

We focus on the procedural fairness of dismissals due to misconduct in this "How To" episode.