What is Section 77 of the Basic Conditions of Employment Act and How Does It Protect Your Contractual Rights?
Introduction If you are an employee in South Africa, you may have heard of the Basic Conditions of Employment Act 75 of 1997 (BCEA), which is a law that regulates the minimum standards of employment, such as working hours, leave, remuneration, termination and more. But did you know that the BCEA also gives you the […]
The Constitutional Court’s Clarification on the Use of Replacement Labour during Lockouts
Introduction The recent Constitutional Court case of National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd [2023] ZACC 11 has provided clarity on the use of replacement labour during lockouts. The conflict created by the decisions of Ntimane & others v Agrinet t/a Vetsak (Pty) Ltd (1999) 20 ILJ 896 (LC) and SACCAWU […]
Transfer of Businesses as a Going Concern: What Business Owners Need to Know
In today’s fast-paced business environment, transfers of businesses as a going concern are becoming increasingly common. The recent Labour Court judgment [Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2 (27 January 2023)] has shed light on what constitutes a bona fide transfer of a business as […]
The issue of mandatory vaccinations in the workplace
The issue of mandatory vaccinations in the workplace is an interesting one. Earlier this month, New Zealand announced a ‘no jab, no job’ policy for most healthcare workers and teachers to prevent the spread of the COVID-19 virus. Doctors, nurses, and other frontline health workers must be double-jabbed by 1 December while any person working […]
Calculation of Employee’s Remuneration
GN 691 OF 23 MAY 2003: CALCULATION OF EMPLOYEE’S REMUNERATION IN TERMS OF SECTION 35 (5) OF THE ACT (BCEA) With compliments from the Department of Labour… The Minister of Labour has determined, in Government Notice 691 dated 23rd May 2003, that the following method of calculating employee’s remuneration for the purposes of annual leave […]
Overpayments
What happens in the event of overpayments toward employees by the employer? In terms of section 35(5) of the BCEA, we see that an employer may not require or permit an employee to repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration. The Labour […]
What is a Benefit?
Sadly, there is no definition of a “benefit” in the Labour Relations Act, No. 66 of 1995 (LRA). Over the years the Labour Court and the Labour Appeal Court have had to try to make sense of this term and there have been many and varied interpretations. Earlier decisions made a distinction between remuneration and […]
Presumption as to who is an employee
There is always questions about the presumption as to who is an employee. We explore the Basic Conditions of Employment Act(BCEA) for guidance in this matter according to section 83A. Who is an employee? (1) A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to […]
Long awaited parental leave
When it comes to parental leave in South Africa, what does the law provide for and which law applies? Section 25A of the Basic Conditions of Employment Act (BCEA) applies. (1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave. (2) An employee may commence […]
Who can apply for a critical skills work visa and what is the criteria?
A critical skills work visa is something that you might not always need in your business, but when you do it is important to know the criteria and who can apply for it in South Africa. Any foreign national who has skills or qualifications that the South African Department of Home Affairs has deemed to […]