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Home » News

November 08

How to deal with desertion!

09th November 2016 LABOUR BRIEF NO. 396 This question still baffles many employers – and not only employers, but let us say it baffles many people. The employee has “disappeared.” Up comes the question “the employee” has deserted. When am I entitled to dismiss?”

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October 24

Draft Code of Good Practice on the Preparation and Implementation of EE Plans

Government Gazette 30 September 2016 Vol 615 No 40316   Please click on the link below to view the document: http://www.gpwonline.co.za/Gazettes/Gazettes/40316_30-9_Labour.pdf

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October 10

Unsigned Contracts, What to Do!

09th September 2016 LABOUR BRIEF NO. 394 Contrary to popular belief there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations…

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October 10

Courts Getting Stricter on Retrenchments

09th August 2016 LABOUR BRIEF NO. 393 When presiding over unfair retrenchment cases our courts have started to look much more closely than before at: • The circumstances of each case and • Whether there could have been some way of saving jobs • Whether the employer tried hard enough to save jobs.

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October 10

Can you retrench a fixed-term employee?

06th July 2016 LABOUR BRIEF NO. 392 As an employer, you know you have the right to retrench employees. But you probably didn’t know it’s completely different when it comes to a fixed-term employee… You can’t just retrench fixed term employees! Unless you include a clause in the contract saying you can end the contract before…

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August 05

AMENDMENT TO S13A OF THE PENSION FUNDS ACT

Posted with compliments from SEIFSA 4 August 2016 The Chief Executive Officer / Managing Director Member companies affiliated to the associations federated to the Steel and Engineering Industries Federation of Southern Africa Dear Sir/Madam AMENDMENT TO S13A OF THE PENSION FUNDS ACT At its meeting on 1 August 2016, the SEIFSA Board directed that I…

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July 18

EIPF AND MIPF CONTRIBUTION INCREASE 2016

Please note that, in accordance with the Industry Pension and Provident Fund Collective Agreement, the annual contribution increase programme gazetted on 3 August 2012 and the respective Fund Rules, the contribution rate for both funds increased from 1 July 2016. The contribution rate for both employees and employers will increase from the current 7.0% to…

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June 13

Employment Equity Amendment Act (EEA) –Unfair discrimination and employment

09th May 2016 LABOUR BRIEF NO. 390 On the 01st August 2014, the ‘new’ (EEA) became law and so into effect.  This Act classifies unfair discrimination in the workplace.  Of the most important aspects of such discrimination dealt with by the (EEA), is that referring to differing terms and conditions of employment? In this regard, there…

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May 05

Free Market Foundation v Minister of Labour and Others. Case number 13762/13

Court judgment issued on 4 May 2016 in the matter beween the Free Market Foundation (FMF) (Applicant) and the Minister of Labour and others, relating to the challenge to the system of collective bargaining in South Africa, and more particularly to Section 32 of the Labour Relations Act, 1995.

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April 12

Protection of Employee data: Protection of Personnel Information Act (POPI)

09th April 2016 LABOUR BRIEF NO. 389 Numerous “information” legislation, including Kind (3) and other Government guidelines, are very clear about the onus and obligations of Employers/Business to ensure that personal and personnel information is adequately protected and confidential. Of the most onerous of these is of course the (POPI) Act! This Act hold non-compliant…

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