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Labour Law
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).42/$5#4)/.
4(% #/.42!#4 /& %-0,/9-%.4
(OW CAN A CONTRACT OF EMPLOYMENT BE USED
#HANGING THE CONTRACT
4YPES OF CONTRACTS
)NDElNITE CONTRACTS
&IXED
TERM CONTRACTS
$IFFERENTIAL WAGE
"ONUS PAY
,ONG SERVICE AWARDS
*OB REFERENCES
,!73 !"/54 4%2-3 !.$
#/.$)4)/.3 /& %-0,/9-%.4
7AGE REGULATING MEASURES
(OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE
#(!24 &INDING OUT AN EMPLOYEEgS TERMS AND CONDITIONS OF EMPLOYMENT
"!3)# #/.$)4)/.3 /& %-0,/9-%.4 !#4 "#%!
7HO IS COVERED BY THE "#%!
0EOPLE EARNING ABOVE A CERTAIN AMOUNT
0ART TIME CASUAL AND TEMPORARY EMPLOYEES
0IECE WORK
&REELANCE OR OUTSOURCING
6ARIATION OF BASIC CONDITIONS
)NDIVIDUAL CONTRACT OF EMPLOYMENT
#OLLECTIVE BARGAINING
3ECTORAL DETERMINATIONS
-INISTERIAL EXEMPTIONS
0ROHIBITED EMPLOYMENT
#HILD LABOUR
&ORCED LABOUR
%NFORCEMENT OF THE "#%!
3UMMARY OF PROVISIONS IN THE "#%!
7ORKING TIMES AND PAY
&LEXIBILITY IN WORKING HOURS
0AYMENT IN KIND
$EDUCTIONS
$AILY AND WEEKLY REST PERIODS
,EAVE
!NNUAL LEAVE
3ICK LEAVE
&AMILY RESPONSIBILITY LEAVE
-ATERNITY LEAVE
5NPAID LEAVE
!BSENT WITHOUT LEAVE
.OTICE
!DMINISTRATION
0ROHIBITION OF VICTIMISATION AND EXPLOITATION
#/,,%#4)6% !'2%%-%.43
7ORKPLACE
BASED COLLECTIVE AGREEMENTS
%NFORCEMENT OF A WORKPLACE
BASED COLLECTIVE AGREEMENT
"ARGAINING #OUNCIL !GREEMENTS
(OW ARE "ARGAINING #OUNCIL !GREEMENTS MADE
%NFORCEMENT OF A "ARGAINING #OUNCIL !GREEMENT
3ETTLING DISPUTES UNDER A "ARGAINING #OUNCIL
3%#4/2!, $%4%2-).!4)/.3
(OW ARE SECTORAL DETERMINATIONS MADE
%NFORCEMENT OF A SECTORAL DETERMINATION
3ETTLING DISPUTES UNDER A SECTORAL DETERMINATION
3UMMARY OF THE SECTORAL DETERMINATION FOR FARMWORKERS
#ONTRACT OF EMPLOYMENT FOR FARMWORKERS
3UMMARY OF THE SECTORAL DETERMINATION FOR DOMESTIC WORKERS
#ONTRACT OF EMPLOYMENT FOR DOMESTIC WORKERS
$%2%'5,!4)/.
/4(%2 ,!73 4(!4 !00,9 4/
4%2-3 !.$ #/.$)4)/.3 ). 4(% 7/2+0,!#%
%MPLOYMENT %QUITY !CT %1!
/CCUPATIONAL (EALTH AND 3AFETY !CT /(3!
7HO DOES THE /(3! COVER
4HE EMPLOYEES DUTIES
4HE EMPLOYERgS DUTIES
2EPORTING ACCIDENTS OR INCIDENTS
3AFETY REPRESENTATIVES AND SAFETY COMMITTEES
%NFORCEMENT OF THE /(3!
4HE -ERCHANT 3HIPPING !CT
$)3054%3 !.$ 7!93 /& 3%44,).' /& $)3054%3
7HAT IS A DISPUTE
$ISPUTES OF INTEREST
$ISPUTES OF RIGHT
4HE ,ABOUR 2ELATIONS !CT
7HO IS COVERED BY THE ,2!
7HAT DOES THE ,2! COVER
5NFAIR LABOUR PRACTICES
7HAT STEPS CAN BE TAKEN IF AN UNFAIR LABOUR PRACTICE IS COMMITTED
$)3-)33!,3
7HAT IS A DISMISSAL
!UTOMATICALLY UNFAIR DISMISSALS
7HEN IS A DISMISSAL FAIR OR UNFAIR
#(!24 )S A DISMISSAL UNFAIR
3UBSTANTIVE FAIRNESS
0ROCEDURAL FAIRNESS
$ISMISSAL FOR MISCONDUCT
&AIR REASONS
&AIR PROCEDURES
$ISMISSAL FOR INCAPACITY
&AIR REASONS
&AIR PROCEDURES
2ETRENCHMENT OR REDUNDANCY DISMISSAL
&AIR REASONS
&AIR PROCEDURES
7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL
3/,6).' $)3054%3 5.$%2 4(% ,2!
#ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL
(OW TO REFER THE DISPUTE TO THE RIGHT BODY
!PPLYING FOR CONDONATION IF THE REFERRAL IS LATE
#HART 3TEPS TO RESOLVE A LABOUR DISPUTE UNDER THE ,2!
4HE CONCILIATION MEETING
7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN A CONCILIATION MEETING
3UCCESSFUL CONCILIATION
7HAT HAPPENS IF THE CONCILIATION AGREEMENT IS NOT COMPLIED WITH
5NSUCCESSFUL CONCILIATION
!RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL
7HAT IS ARBITRATION
(OW TO REFER A CASE FOR ARBITRATION
4HE ARBITRATION HEARING
7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN AN ARBITRATION PROCEDURE
!RBITRATION APPEALS
!DJUDICATION BY THE ,ABOUR #OURT
7HAT IS ADJUDICATION
(OW TO REFER A CASE FOR ADJUDICATION
7HO CAN REPRESENT EMPLOYEES AND EMPLOYERS IN A ,ABOUR #OURT CASE
!DJUDICATION APPEALS
4!+).' ).$5342)!, !#4)/.
7HEN IS INDUSTRIAL ACTION NOT PERMITTED
7HAT PROCEDURES MUST BE FOLLOWED BEFORE INDUSTRIAL ACTION IS PROTECTED
)F AN EMPLOYER UNILATERALLY CHANGES CONDITIONS OF EMPLOYMENT
%MPLOYEESg AND EMPLOYERgS RIGHTS IN PROTECTED INDUSTRIAL ACTION
4RADE UNIONS
7HAT ARE THE AIMS OF TRADE UNIONS
0AYING FOR THE UNION n SUBSCRIPTIONS
4HE RIGHT OF EMPLOYEES TO FORM JOIN AND TAKE PART IN TRADE UNIONS
4RADE UNION RIGHTS IN THE WORKPLACE
3/#)!, 7%,&!2% !.$ "%.%&)43 ). 4(% 7/2+0,!#%
5NEMPLOYMENT )NSURANCE &UND
7HO IS A CONTRIBUTOR TO THE 5)&
7HO IS NOT COVERED BY 5)&
(OW DO EMPLOYEES BECOME CONTRIBUTORS TO THE 5)&
(OW MUCH DO EMPLOYEES CONTRIBUTE TO THE &UND
(OW MUCH DO EMPLOYEES GET PAID WHEN APPLYING FOR BENElTS
7HEN IS A CONTRIBUTOR NOT ENTITLED TO RECEIVE BENElTS
4YPES OF 5)& BENElTS
5NEMPLOYMENT BENElTS
)LLNESS BENElTS
-ATERNITY BENElTS
!DOPTION BENElTS
$EPENDENTgS BENElTS
(OW DO EMPLOYEES CLAIM 5)& BENElTS
#LAIMING UNEMPLOYMENT BENElTS
#LAIMING ILLNESS BENElTS
#LAIMING MATERNITY BENElTS
#LAIMING ADOPTION BENElTS
#LAIMING DEPENDENTgS BENElTS
(OW TO GET COPIES OF BIRTHMARRIAGEDEATH CERTIlCATES
7HAT IF THE 5)& BENElTS ARE USED UP
AND THE EMPLOYEE IS STILL UNEMPLOYED
7HAT IF THE APPLICATION FOR NORMAL BENElTS IS REFUSED
5)& APPEALS
&URTHER APPEALS
4ERMINATION OF BENElTS
#/-0%.3!4)/. &5.$
7HEN CAN AN EMPLOYEE CLAIM COMPENSATION
7HO CAN CLAIM COMPENSATION FROM THE &UND
7HO CONTRIBUTES TO THE &UND
7HEN WILL THE &UND NOT PAY COMPENSATION
/CCUPATIONAL DISEASES AND INJURIES
$ISEASES
)NJURIES
-OTOR VEHICLE ACCIDENTS WHILE WORKING
7HAT TYPES OF COMPENSATION PAYMENT ARE MADE
4EMPORARY DISABILITY
0ERMANENT DISABILITY
$EATH BENElTS
7HO CAN CLAIM COMPENSATION WHEN
AN EMPLOYEE DIES IN THE COURSE AND SCOPE OF DUTY
-EDICAL EXPENSES
!DDITIONAL COMPENSATION
3TEPS TO CLAIM DISABILITY
(OW IS THE COMPENSATION MONEY PAID
4EMPORARY DISABILITY
0ERMANENT DISABILITY
/BJECTIONS AND APPEALS
%-0,/9%%g3 4!8
7HAT IS EMPLOYEEgS TAX
7HAT IS 3)4%
7HAT IS 0!9%
7HEN MUST AN EMPLOYEE PAY TAX
(OW MUCH TAX DO YOU PAY
7HAT INFORMATION MUST YOU GIVE TO EMPLOYERS
2EBATES
4AX ON BONUS PAY AND RETRENCHMENT PAY
0ART
TIME WORK AND CASUAL WORK
4AX ASSESSMENTS
0%.3)/. !.$ 02/6)$%.4 &5.$3
(OW DOES A PENSION OR PROVIDENT FUND WORK
4YPES OF FUNDS AND BENElTS
"ARGAINING #OUNCIL FUNDS
#OMPLAINTS ABOUT PAYMENTS FROM PENSION FUNDS
4HE 0ENSION &UNDS !DJUDICATOR
7HO CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR
4IME LIMITS
-%$)#!, !)$ 3#(%-%3 &/2 %-0,/9%%3
!DVANTAGES AND DISADVANTAGES OF -EDICAL !ID 3CHEMES
-EDICAL 3CHEMES !CT
3+),,3 $%6%,/0-%.4 !#4
4HE .ATIONAL 1UALIlCATIONS &RAMEWORK .1&
4HE 3KILLS $EVELOPMENT ,EVY
'RANT SCHEME
0AYING THE 3KILLS $EVELOPMENT ,EVY
(OW ARE THE LEVIES USED
'ETTING A 3KILLS $EVELOPMENT 'RANT
3KILLS $EVELOPMENT &ACILITATORS
02/",%-3
-ONEY IS DEDUCTED FROM AN EMPLOYEEgS WAGES
%MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
%MPLOYEE IS PAID BELOW THE MINIMUM WAGE
$ISMISSED EMPLOYEE WANTS THE JOB BACK
n HOW TO APPLY FOR REINSTATEMENT OR COMPENSATION
2ETRENCHMENT
%MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY
n WITH NO PREVIOUS RECORD OF DRUNKENESS
%MPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY
n THE EMPLOYEE IS SUFFERING FROM ALCOHOLISM
#ONTRACT EMPLOYEES ARE DISMISSED
BEFORE THE CONTRACT IS DUE TO TERMINATE
#ONTRACT EMPLOYEES ARE NOT PAID OVERTIME
#ASUAL EMPLOYEE IS NOT PAID SICK LEAVE
#ONTRACT EMPLOYEES CONTRACT HAS NOT BEEN RENEWED
!PPLICATION FOR 5)& BENElTS IS TOO LATE
%MPLOYER DOES NOT REGISTER EMPLOYEE
WITH THE 5NEMPLOYMENT )NSURANCE &UND
&AILING TO SIGN THE 5NEMPLOYMENT REGISTER
,ONG DELAY IN PAYING COMPENSATION
%MPLOYEE DOES NOT GET THE CORRECT AMOUNT OF COMPENSATION MONEY
)NJURED EMPLOYEE IS OFF WORK AND IS NOT GETTING PAID
%MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
%MPLOYEEgS COMPENSATION HAS BEEN REFUSED
%MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE
-/$%, ,%44%23 !.$ &/2-3
#ONTRACT OF EMPLOYMENT
,ETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT
,ETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY
,ETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE PAY CLAIM
,ETTER OF APPEAL AGAINST THE REFUSAL TO PAY 5)&
,ETTER TO 5)& BECAUSE BENElTS HAVE NOT BEEN PAID
,ETTER TO #OMPENSATION #OMMISSIONER
ASKING WHETHER THE ACCIDENT WAS REPORTED
,ETTER TO #OMPENSATION #OMMISSIONER
ASKING FOR REASONS FOR THE DELAY IN PAYING
(OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR
,2! &ORM n 2EFERRING A DISPUTE TO THE ##-! FOR RESOLUTION
#OMPENSATION &ORM 7#,
#(%#+,)343
#HECKLIST FOR A LABOUR PROBLEM
#HECKLIST TO PREPARE FOR ARBITRATION
#HECKLIST TO PREPARE A CLAIM FOR REINSTATEMENT
#HECKLIST FOR PROBLEMS ABOUT 5)&
#HECKLIST FOR #OMPENSATION PROBLEMS
2%3/52#%3
)NTRODUCTION
4HIS CHAPTER COVERS LAWS IN 3OUTH !FRICA WHICH DIRECTLY AFFECT THE WORKING CONDITIONS
OF EMPLOYEES AS WELL AS DISPUTES IN THE WORKPLACE AND WAYS OF RESOLVING THESE
7E FOCUS ON THE FOLLOWING LAWS THAT AFFECT EMPLOYERS AND EMPLOYEES
,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT
"ASIC #ONDITIONS OF %MPLOYMENT !CT .O OF "#%!
/CCUPATIONAL (EALTH AND 3AFETY !CT .O OF /(3!
$ISPUTES AND WAYS OF SETTLING DISPUTES
,ABOUR 2ELATIONS !CT .O OF ,2!
%MPLOYMENT %QUITY !CT .O OF %%!
%MPLOYEE SOCIAL WELFARE AND BENEFITS
5NEMPLOYMENT )NSURANCE #ONTRIBUTIONS !CT .O OF
#OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT
.O OF #/)$!
3KILLS $EVELOPMENT !CT .O OF
3KILLS $EVELOPMENT ,EVIES !CT .O OF
-EDICAL 3CHEMES !CT .O OF
4HE CONTRACT OF EMPLOYMENT
)F YOU AGREE TO WORK FOR SOMEONE AND THAT PERSON AGREES TO PAY YOU FOR THIS WORK THEN
YOU AND THE EMPLOYER HAVE A CONTRACT OF EMPLOYMENT 9OU ARE CALLED THE EMPLOYEE
4HE TYPE OF WORK THAT YOU MUST DO HOURS OF WORK WAGES A PLACE TO LIVE WHERE
APPROPRIATE AND SO ON CAN ALL BE PART OF YOUR AGREEMENT WITH YOUR EMPLOYER
4HESE ARE CALLED CONDITIONS OF EMPLOYMENT 4HEY ARE EXPRESS TERMS OF THE CONTRACT
%VEN IF YOU AND THE EMPLOYER DID NOT TALK ABOUT SOME CONDITIONS OF EMPLOYMENT
FOR EXAMPLE TAKING ANNUAL LEAVE AND IT IS THE CUSTOM THAT ALL EMPLOYEES TAKE
ANNUAL LEAVE THEN YOU CAN ALSO TAKE ANNUAL LEAVE 4HIS IS PART OF YOUR CONTRACT
EVEN IF YOU DID NOT TALK ABOUT IT 4HESE ARE IMPLIED TERMS OF THE CONTRACT
4HE LAW SAYS THAT A CONTRACT DOES NOT HAVE TO BE IN WRITING )F TWO PEOPLE SPEAK
AND THEY AGREE ABOUT THE CONTRACT THEN THIS CONTRACT IS CALLED A VERBAL CONTRACT
! VERBAL CONTRACT IS ALSO LEGAL AND ENFORCEABLE
! WRITTEN CONTRACT IS BETTER )F ALL THE CONDITIONS OF THE CONTRACT ARE WRITTEN ON
A PIECE OF PAPER AND THE EMPLOYER SIGNS THE PAPER THEN YOU HAVE PROOF OF WHAT
WAS AGREED
3ECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT SAYS THAT EXCEPT FOR
EMPLOYEES WORKING LESS THAN HOURS PER MONTH AND EMPLOYERS WHO EMPLOY LESS
THAN PEOPLE THE EMPLOYER MUST GIVE EMPLOYEES CERTAIN PARTICULARS IN WRITING
ABOUT THE JOB THESE PARTICULARS INCLUDE
s A DESCRIPTION OF THE JOB
s THE HOURS THAT THE EMPLOYEE WILL BE EXPECTED TO WORK
s ORDINARY AND OVERTIME RATES OF PAYMENT INCLUDING PAYMENT IN KIND
FOR EXAMPLE ACCOMMODATION AND ITS VALUE
s ANY DEDUCTIONS TO BE MADE
s HOW MUCH LEAVE THE EMPLOYEE WILL GET
s THE NOTICE PERIOD
s THE NAME AND ADDRESS OF THE EMPLOYER
s THE DATE OF PAYMENT
)F AN EMPLOYEE CANgT READ THE PARTICULARS MUST BE EXPLAINED IN A LANGUAGE THE
EMPLOYEE UNDERSTANDS
)F YOU HAVE A CONTRACT BUT YOU DO NOT DO THE THING THAT WAS AGREED THEN YOU BREAK
THE CONTRACT 4HE LAW SAYS THAT IF ONE PERSON BREAKS A CONTRACT THEN THE OTHER PERSON
CAN USE THE LAW TO FORCE THAT PERSON TO DO WHAT WAS AGREED "REAKING A CONTRACT
IS ALSO CALLED A BREACH OF CONTRACT 3EE S A
P OF THE "ASIC #ONDITIONS OF
%MPLOYMENT !CT FOR PARTICULARS OF EMPLOYMENT THAT MUST BE PROVIDED IN WRITING
TO EMPLOYEES WHEN THEY START THEIR EMPLOYMENT WITH SOMEONE
! CONTRACT OF EMPLOYMENT MUST COMPLY WITH TERMS AND CONDITIONS OF EMPLOYMENT
IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%! OR COLLECTIVE AGREEMENT OR
SECTORAL DETERMINATION DEPENDING ON WHAT THE EMPLOYEE IS COVERED BY AND ANY
OTHER LAWS WHICH PROTECT EMPLOYEES SUCH AS THE ,ABOUR 2ELATIONS !CT AND THE
/CCUPATIONAL (EALTH AND 3AFETY !CT )F A CONTRACT BREAKS ANY OF THESE PROTECTIVE LAWS
IT IS NOT ENFORCEABLE UNLESS THE CONDITIONS ARE MORE FAVOURABLE TO THE EMPLOYEE
)F AN EMPLOYEE IS COVERED BY THE "#%! TERMS AND CONDITIONS OF EMPLOYMENT IN THE
"#%! OVERRIDE THOSE IN ANY CONTRACT OF EMPLOYMENT WHICH ARE LESS FAVOURABLE TO
THE EMPLOYEE THAN THOSE IN THE "#%! )N OTHER WORDS THE CONTRACT CAN NOT BE LESS
FAVOURABLE TO THE EMPLOYEE THAN THE CONDITIONS LAID DOWN IN THE LAW 3EE PAGE
-ODEL CONTRACT OF EMPLOYMENT
(/7 #!. ! #/.42!#4 /& %-0,/9-%.4 "% 53%$
)F THE EMPLOYER BREAKS A CONTRACT OF EMPLOYMENT THEN AN EMPLOYEE CAN SUE THE
EMPLOYER IN A CIVIL COURT CASE FOR BREACH OF CONTRACT OR APPROACH THE $EPARTMENT
OF ,ABOUR OR THE ##-! IN CERTAIN INSTANCES )T IS EASIER TO PROVE THAT AN EMPLOYER
BROKE A CONTRACT OF EMPLOYMENT IF THE CONTRACT IS IN WRITING 3EE PAGE #IVIL CLAIMS
4HE EMPLOYEE IS ALWAYS ENTITLED TO AT LEAST THE TERMS AND CONDITIONS IN THE "ASIC
#ONDITIONS OF %MPLOYMENT !CT "#%! )F THE BREACH OF CONTRACT GOES AGAINST
A TERM OR CONDITION IN THE "#%! THEN AN EMPLOYEE CAN GO TO THE $EPARTMENT OF
,ABOUR AND LAY A COMPLAINT 4HE $EPARTMENT WILL ATTEMPT TO GET AN UNDERTAKING
FROM THE EMPLOYER TO APPLY THE CONTRACT OF EMPLOYMENT WHERE NECESSARY THE
)NSPECTOR FROM THE $EPARTMENT OF ,ABOUR WILL ISSUE A #OMPLIANCE /RDER WHICH TELLS
THE EMPLOYER TO COMPLY WITH THE "#%!
#(!.').' 4(% #/.42!#4
!N EMPLOYER CAN CHANGE THE CONTRACT AFTER PROPER NEGOTIATION EVEN IF THE EMPLOYEE
DOES NOT AGREE TO THE CHANGES ! CHANGE IN A CONTRACT IS LIKE A NEW CONTRACT 4O
CHANGE THE CONTRACT THE EMPLOYER MUST GIVE NOTICE OF THE CHANGE TO THE EMPLOYEE
AND MUST ATTEMPT TO NEGOTIATE THE NEW TERMS AND CONDITIONS WITH THE EMPLOYEE
)F THE EMPLOYER AND EMPLOYEE CANNOT AGREE ABOUT THE CHANGES IN THE INDIVIDUAL
CONTRACT THEN THE EMPLOYER MAY JUST GO AHEAD AND INTRODUCE THE CHANGES )F
THE EMPLOYEE ACCEPTS THE NEW CONDITIONS AND GOES ON WORKING THEN THE NEW
CONDITIONS BECOME PART OF THE CONTRACT
)F THE EMPLOYEE DOES NOT AGREE TO THE CHANGES THEN HE OR SHE CAN
s 2EFER A DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL IN TERMS OF SECTION OF
THE ,ABOUR 2ELATIONS !CT 4HE EMPLOYEE CAN ASK THE ##-! TO ISSUE A NOTICE TO
INSTRUCT THE EMPLOYER TO RESTORE THE TERMS AND CONDITIONS WHICH APPLIED BEFORE
THE CHANGE TOOK PLACE 4HE EMPLOYER MUST COMPLY WITH THIS NOTICE WITHIN
HOURS OF RECEIVING IT
s REFUSE TO ACCEPT THE CHANGES )F THE EMPLOYER THEN DISMISSES THE EMPLOYEE IT
MIGHT WELL BE AN AUTOMATICALLY UNFAIR DISMISSAL
s CHOOSE TO STOP WORKING FOR THE EMPLOYER )F THE EMPLOYEE WAS FORCED TO RESIGN
OR RETRENCHED OR DISMISSED AS A MEANS TO GET THE EMPLOYEE TO ACCEPT THE
CHANGES IT MAY BE AN AUTOMATICALLY UNFAIR DISMISSAL 3EE PAGE 3OLVING
DISPUTES UNDER THE ,2!
./4%
7HERE A REGISTERED TRADE UNION HAS SIGNED A COLLECTIVE AGREEMENT WITH
THE EMPLOYER AND WHERE THE EMPLOYER CHANGES THIS AGREEMENT WITHOUT
THE AGREEMENT OF THE UNION THE UNION AND ITS MEMBERS CAN GO TO THE
##-! TO CLAIM THAT THE EMPLOYER HAS BROKEN THE COLLECTIVE AGREEMENT
490%3 /& #/.42!#43
4HERE ARE TWO TYPES OF CONTRACTS INDEFINITE AND FIXED
TERM TEMPORARY CONTRACTS
).$%&).)4% #/.42!#43
-OST EMPLOYMENT CONTRACTS ARE INDEFINITE CONTRACTS
4HIS MEANS THAT WHEN AN EMPLOYEE STARTS WORKING FOR THE EMPLOYER NO
ONE KNOWS
WHEN THE CONTRACT WILL END
!N INDEFINITE CONTRACT CAN ONLY BE ENDED IN THE FOLLOWING WAYS
s BY DISMISSAL OR TERMINATION OF THE CONTRACT OF EMPLOYMENT
s BY CANCELLATION OF THE CONTRACT BY THE EMPLOYEE OR THE ORGANISATION
s WHEN THE EMPLOYEE REACHES THE NORMAL RETIREMENT AGE LAID DOWN
BY THE COMPANY OR THE INDUSTRY
s BY THE DEATH OF THE EMPLOYEE
&)8%$
4%2- #/.42!#43
)F THE EMPLOYEE AND THE EMPLOYER BOTH AGREE AT THE START OF THE CONTRACT THAT THE
CONTRACT IS GOING TO END WITHIN A FIXED PERIOD OR WHEN CERTAIN WORK IS COMPLETED
THEN IT IS A FIXED
TERM CONTRACT
#ONTRACT EMPLOYEES AND SEASONAL EMPLOYEES ARE TWO KINDS OF EMPLOYEES WITH FIXED
TERM CONTRACTS
)T OFTEN HAPPENS PARTICULARLY ON FARMS THAT THE EMPLOYER GOES TO OTHER AREAS TO GET
PEOPLE TO WORK ON THE FARM ON A TEMPORARY BASIS 4HE EMPLOYEES THEN LEAVE THEIR
HOMES AND GO TO WORK ON THIS FARM 4HESE EMPLOYEES MAY BE REFERRED TO AS CONTRACT
EMPLOYEES
5SUALLY THE FARMER AND THESE EMPLOYEES HAVE A FIXED TERM CONTRACT FOR A SPECIFIED
TIME )F AN EMPLOYEE HAS A CONTRACT WITH THE FARMER THEN THE CONDITIONS OF THAT
CONTRACT ARE THE CONDITIONS OF EMPLOYMENT
3OME FARMS HAVE TIMES WHEN EXTRA EMPLOYEES ARE NEEDED 4HESE TIMES ARE CALLED
SEASONS )F AN EMPLOYEE ONLY WORKS ON THE FARM FOR A SEASON THEN HE OR SHE IS CALLED
A SEASONAL EMPLOYEE 4HE SEASONAL EMPLOYEE KNOWS WHEN THE CONTRACT STARTS AND
WHEN THE CONTRACT ENDS
&OR BOTH CONTRACT EMPLOYEES AND SEASONAL EMPLOYEES THE EMPLOYER MUST PAY
EMPLOYEES FOR THE FULL CONTRACT TIME EVEN IF THERE IS NO MORE WORK FOR THE
EMPLOYEES TO DO )F AN EMPLOYEEgS CONTRACT IS FOR ONE YEAR THEN THE EMPLOYER
MUST PAY THE EMPLOYEE FOR THE FULL YEAR UNLESS THE CONTRACT ENDS BECAUSE OF THE
EMPLOYEEgS FAULT )F THE CONTRACT IS FOR ONE SEASON THEN THE EMPLOYER MUST PAY THE
EMPLOYEE FOR THE WHOLE SEASON
4HE EMPLOYER CANNOT STOP THE FIXED TERM CONTRACT EARLIER THAN THE CONTRACTED PERIOD
UNLESS THE CONTRACT MAKES PROVISION FOR THIS
$)&&%2%.4)!, 7!'%
)F THE EMPLOYER TELLS AN EMPLOYEE TO DO SOMEONE ELSEgS JOB IN A HIGHER CATEGORY OF
PAY THAN THE EMPLOYEEgS OWN JOB THEN THE EMPLOYEE SHOULD GET THE HIGHER WAGE IF
HESHE PERFORMS THIS WORK FOR AN EXTENDED NUMBER OF DAYS %QUAL PAY FOR WORK OF
%QUAL VALUE
!N EMPLOYER CAN ASK AN EMPLOYEE TO DO WORK BELOW HIS OR HER OWN PAY CATEGORY
BUT THE EMPLOYEE SHOULD NOT GET PAID LESS THAN HIS OR HER OWN NORMAL WAGE AND
ALSO PROVIDED THE EMPLOYER IS NOT DOING THIS TO MAKE THE EMPLOYEES LIFE AT WORK
INTOLERABLE
4HE "#%! DOESNgT HAVE A RULE ABOUT DIFFERENTIAL WAGES "UT IF AN EMPLOYER REFUSED
TO PAY THE HIGHER WAGE THE EMPLOYEE COULD TAKE A DISPUTE ABOUT UNFAIR PAYMENT TO
A "ARGAINING #OUNCIL IF ONE EXISTS FOR THE INDUSTRY OR THE $EPARTMENT OF ,ABOUR
"/.53 0!9
g"ONUS PAYg MEANS MONEY PAID TO EMPLOYEES WHICH IS OVER AND ABOVE THEIR WAGES
AND OVERTIME MONEY 4HE LAW DOES NOT SAY THAT AN EMPLOYER MUST PAY A BONUS TO
EMPLOYEES ALTHOUGH SOME "ARGAINING #OUNCIL !GREEMENTS DO 4HIS IS gEXTRAg MONEY
)T IS USUALLY PAID OUT AT THE END OF THE YEAR FOR EXAMPLE FOR GOOD PERFORMANCE
DURING THE YEAR OR FOR TARGETS REACHED IN PRODUCTION OF GOODS
"ONUS PAY MUST BE PAID IN THESE CASES
s IF AN EMPLOYER GAVE A BONUS TO THE EMPLOYEES AT THE END OF EVERY YEAR IN THE
PAST n THE EMPLOYER CREATED AN gEXPECTATIONg AMONGST EMPLOYEES THAT THEY
WILL GET A BONUS EVERY YEAR AND IT HAS BECOME THE CUSTOM TO GET THE BONUS
4HE EMPLOYEES THEN HAVE A RIGHT TO DEMAND THE SAME BONUS EVERY YEAR )F THE
EMPLOYER SUDDENLY DECIDES NOT TO GIVE A BONUS THE EMPLOYEES CAN CLAIM THE
BONUS AS A COMMON LAW RIGHT
s IF IT SAYS IN A CONTRACT OF EMPLOYMENT OR A COLLECTIVE AGREEMENT THAT THE
EMPLOYEE WILL GET A BONUS n THE EMPLOYER MUST PAY THE BONUS AS AGREED UNLESS
IT DEPENDS ON THE EMPLOYEE DOING SOMETHING WHICH THE EMPLOYEE DID NOT DO
,/.' 3%26)#% !7!2$3
4HE LAW DOES NOT SAY THAT EMPLOYERS MUST PAY LONG SERVICE MONEY TO EMPLOYEES
WHO HAVE WORKED FOR A LONG TIME FOR THE SAME COMPANY )F THE EMPLOYEE RETIRES
IT IS UP TO THE EMPLOYER TO DECIDE WHETHER TO GIVE ANY LONG SERVICE MONEY TO THE
EMPLOYEE
*/" 2%&%2%.#%3
! JOB REFERENCE LETTER IS A LETTER FROM AN EX
EMPLOYER SAYING WHETHER THE EMPLOYER
THOUGHT THE EMPLOYEE WAS A GOOD EMPLOYEE OR NOT 4HE "ASIC #ONDITIONS OF
%MPLOYMENT !CT "#%! SAYS EMPLOYEES ARE ENTITLED TO A WRITTEN CERTIFICATE OF
SERVICE WHEN THE EMPLOYEE STOPS WORKING FOR THAT EMPLOYER 4HE CERTIFICATE OF
SERVICE SETS OUT THE FULL NAME OF THE EMPLOYER AND THE EMPLOYEE THE JOBS THAT
THE EMPLOYEE WAS DOING THE DATE THAT THE EMPLOYEE BEGAN WORKING THE DATE THAT
THE EMPLOYEE ENDED WORK AND THE WAGE AT THE TIME THAT THE JOB ENDED INCLUDING
PAYMENT IN KIND 3EE 3 A nG OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT FOR
DETAILS ON WHAT HAS TO BE INCLUDED ON THE #ERTIFICATE OF 3ERVICE
,AWS ABOUT TERMS AND
CONDITIONS OF EMPLOYMENT
4HERE ARE DIFFERENT LAWS ABOUT CONDITIONS OF EMPLOYMENT %MPLOYEESg TERMS AND
CONDITIONS OF EMPLOYMENT MAY BE COVERED BY
s CENTRALISED COLLECTIVE AGREEMENTS LIKE "ARGAINING #OUNCIL !GREEMENTS UNDER THE
,ABOUR 2ELATIONS !CT WHERE APPLICABLE 3EE PAGE #OLLECTIVE AGREEMENTS
s SECTORAL DETERMINATIONS UNDER THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%!
OR 7AGE $ETERMINATIONS UNDER THE 7AGE !CT WHERE APPLICABLE 3EE PAGE
3ECTORAL DETERMINATIONS
s SPECIAL EXCEPTIONS TO CENTRALISED COLLECTIVE AGREEMENTS SECTORAL DETERMINATIONS
OR THE "#%! MADE BY THE -INISTER OF ,ABOUR CALLED DEREGULATION 3EE PAGE
$EREGULATION
s WORKPLACE
BASED COLLECTIVE AGREEMENTS UNDER THE "#%! 3EE PAGE #OLLECTIVE
AGREEMENTS
s AN INDIVIDUAL AGREEMENT BETWEEN AN EMPLOYEE AND EMPLOYER n THE CONTRACT OF
EMPLOYMENT
s "ASIC #ONDITIONS OF %MPLOYMENT !CT 3EE PAGE 3UMMARY OF PROVISIONS
IN THE "#%!
4HE -ERCHANT 3HIPPING !CT COVERS CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WHO
ARE AT SEA WITHIN 3OUTH !FRICAgS TERRITORIAL WATERS WHILE MEMBERS OF THE .ATIONAL
$EFENCE &ORCE THE .ATIONAL )NTELLIGENCE !GENCY AND THE 3OUTH !FRICAN 3ECRET
3ERVICE ARE COVERED BY DIFFERENT LAWS 4HE /CCUPATIONAL (EALTH AND 3AFETY !CT GIVES
EMPLOYEES RIGHTS IN HEALTH AND SAFETY AT WORK 3EE PAGE -ERCHANT 3HIPPING
!CT PAGE /CCUPATIONAL (EALTH AND 3AFETY !CT
7!'% 2%'5,!4).' -%!352%3
#OLLECTIVE AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS "#!S 7AGE $ETERMINATIONS
AND SECTORAL DETERMINATIONS 37$S WHICH REGULATE TERMS AND CONDITIONS OF
EMPLOYMENT ARE COMMONLY CALLED WAGE REGULATING MEASURES 4HEY CONTAIN DIFFERENT
CONDITIONS OF EMPLOYMENT FOR DIFFERENT EMPLOYEES IN DIFFERENT SECTORS )N OTHER WORDS
ALL THESE AGREEMENTS AND DETERMINATIONS TALK ABOUT A PERIOD OF NOTICE BUT IN ONE
WAGE DETERMINATION THE NOTICE PERIOD MAY BE ONE WEEK WHILE IN ANOTHER IT MAY
BE TWO WEEKS
"ELOW IS A LIST OF THE MORE COMMON ASPECTS RELATING TO CONDITIONS OF EMPLOYMENT
WHICH APPEAR IN ALL WAGE REGULATING MEASURES
s !REA AND SCOPE n DEFINES THE GEOGRAPHICAL AREA WHERE THE "#! OR 37$ APPLIES
AND DESCRIBES THE TYPE OF WORK COVERED BY THE "#! OR 37$
s $EFINITIONS n DEFINES THE DIFFERENT CATEGORIES OF EMPLOYEES INCLUDING CASUAL
EMPLOYEES
s 2EMUNERATION n DESCRIBES MINIMUM WAGES FOR DIFFERENT CATEGORIES OF EMPLOYEES
AND INCLUDES MONIES RECEIVED BY THE EMPLOYEE EXCLUDING EX GRATIA PAYMENTS OR
BONUSES TO ASSIST EMPLOYEES
s 0AYMENT OF REMUNERATION n HOW EMPLOYEES SHOULD BE PAID THEIR WAGES
s $EDUCTIONS n FROM AN EMPLOYEES WAGE
s (OURS OF WORK AND PAY n THIS INCLUDES PUBLIC HOLIDAYS 3UNDAYS ETC
s !NNUAL LEAVE AND SICK LEAVE
s 0IECE WORK AND COMMISSION WORK n 0IECE
WORK MEANS THAT AN EMPLOYEE IS PAID
FOR THE NUMBER OF ITEMS PRODUCED AND NOT FOR THE HOURS WORKED
s 4ERMINATION OF CONTRACT OF EMPLOYMENT n HOW MUCH NOTICE AN EMPLOYER MUST
GIVE OR BE GIVEN
s 0ROHIBITION OF EMPLOYMENT n FOR EXAMPLE PREGNANT WOMEN AND CHILDREN MAY
NOT BE ALLOWED TO DO CERTAIN WORK
s $ISPUTE RESOLUTION n THE ,ABOUR 2ELATIONS !CT ALLOWS EMPLOYEES AND EMPLOYERS
TO COLLECTIVELY AGREE TO DISPUTE RESOLUTION PROCEDURES THAT DIFFER FROM THOSE IN
THE !CT
)F THERE ARE ANY PARTICULAR TERMS OR CONDITIONS OF EMPLOYMENT THAT ARE NOT SPECIFIED
BY A "ARGAINING #OUNCIL !GREEMENT OR A SECTORAL DETERMINATION THEN THOSE TERMS OR
CONDITIONS OF EMPLOYMENT IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT WILL APPLY TO
EMPLOYEES
(/7 $/ 9/5 +./7
7()#( ,!7 !00,)%3 4/ !. %-0,/9%%
!LL EMPLOYEES WILL FALL UNDER ONE OF THE ABOVE LAWS ABOUT CONDITIONS OF EMPLOYMENT
-ANY EMPLOYEES FALL UNDER MORE THAN ONE OF THESE LAWS
4HE LAWS WORK IN ORDER OF PRIORITY &OR EXAMPLE IF A "ARGAINING #OUNCIL !GREEMENT
OR OTHER CENTRALISED COLLECTIVE AGREEMENT COVERS THE WORK DONE BY AN EMPLOYEE
THEN THAT !GREEMENT APPLIES TO THAT EMPLOYEE )F THERE IS NO "ARGAINING #OUNCIL
!GREEMENT THEN YOU MUST SEE WHETHER A SECTORAL DETERMINATION OR 7AGE
$ETERMINATION APPLIES )F NO "ARGAINING #OUNCIL !GREEMENT OR SECTORAL7AGE
$ETERMINATION APPLIES THEN THE "#%! WILL APPLY UNLESS THEY ARE SPECIFICALLY
EXCLUDED BY THE "#%!
!N INDIVIDUAL CONTRACT OF EMPLOYMENT MAY OVERRIDE THE "ASIC #ONDITIONS OF
%MPLOYMENT !CT PROVIDED IT IS DEFINITELY MORE ADVANTAGEOUS FOR THE EMPLOYEE AND
PROVIDED IT DOES NOT AFFECT CERTAIN @CORE RIGHTS WHICH ARE IDENTIFIED IN THE "ASIC
#ONDITIONS OF %MPLOYMENT !CT
&).$).' /54 !. %-0,/9%%3 4%2-3 #/.$)4)/.3 /& %-0,/9-%.4
(AS THE -INISTER OF ,ABOUR !NY CONDITIONS OF EMPLOYMENT
MADE ANY SPECIAL EXEMPTIONS IN THE SPECIAL EXEMPTIONS OVERRIDE
FOR THE EMPLOYEES INDUSTRY OR 9%3 THOSE IN OTHER AGREEMENTS
AREA OR EMPLOYER OR DETERMINATIONS
./
)S THERE A "ARGAINING #OUNCIL #ONDITIONS OF EMPLOYMENT IN
!GREEMENT FOR THE INDUSTRY AND THE "ARGAINING #OUNCIL !GREEMENT
AREA THAT THE EMPLOYEE WORKS IN 9%3 APPLY TO THE EMPLOYEE
./
)S THERE A 7AGE $ETERMINATION #ONDITIONS OF EMPLOYMENT
OR SECTORAL DETERMINATION FOR IN THE 7AGE $ETERMINATION
THE INDUSTRY AND AREA THAT THE 9%3 OR SECTORAL DETERMINATION
EMPLOYEE WORKS IN APPLY TO THE EMPLOYEE
./
)S THERE A COLLECTIVE AGREEMENT #ONDITIONS OF EMPLOYMENT
BETWEEN EMPLOYEES AND IN THE COLLECTIVE AGREEMENT
THE EMPLOYEES EMPLOYER 9%3 APPLY TO THE EMPLOYEE
./ EXCEPT IF THEY ARE LESS FAVOURABLE
TO THE EMPLOYEE THAN THE "#%!
THEN THE "#%! OVERRIDES
)S THERE AN INDIVIDUAL AGREEMENT #ONDITIONS OF EMPLOYMENT
CONTRACT OF EMPLOYMENT BETWEEN IN THE INDIVIDUAL AGREEMENT
THE EMPLOYEE AND THE EMPLOYER 9%3 APPLY TO THE EMPLOYEE
./ EXCEPT IF THEY ARE LESS FAVOURABLE
TO THE EMPLOYEE THAN THE "#%!
THEN THE "#%! OVERRIDES
4(% #/.$)4)/.3 /& /4(%2 %-0,/9-%.4 #/.$)4)/.3
%-0,/9-%.4 ). 4(% "#%! ./4 #/6%2%$ !"/6% !2% !3
!00,9 4/ 4(% %-0,/9%% 3%4 /54 ). 4(% "#%!
"ASIC #ONDITIONS OF %MPLOYMENT !CT "#%!
7(/ )3 #/6%2%$ "9 4(% "#%!
!LL EMPLOYEES ARE COVERED BY THE "ASIC #ONDITIONS OF %MPLOYMENT !CT .O
OF EXCEPT THE FOLLOWING
s MEMBERS OF THE .ATIONAL $EFENCE &ORCE THE .ATIONAL )NTELLIGENCE !GENCY
AND THE 3OUTH !FRICAN 3ECRET 3ERVICE
s UNPAID VOLUNTARY EMPLOYEES WHO DO WORK FOR A CHARITABLE ORGANISATION
s EMPLOYEES WHO WORK FOR AN EMPLOYER FOR LESS THAN HOURS A MONTH
s EMPLOYEES ON VESSELS AT SEA WHERE THE -ERCHANT 3HIPPING !CT
IS APPLICABLE
#ERTAIN SPECIAL PROVISIONS APPLY TO COMPANIES EMPLOYING FEWER THAN TEN EMPLOYEES
0%/0,% %!2.).' !"/6% ! #%24!). !-/5.4
)F A PERSON IS EARNING A GROSS SALARY OF MORE THAN 2 PER YEAR OR 2
PER MONTH THEN THE FOLLOWING SECTIONS OF THE "#%! WILL NOT APPLY TO THEM
s SECTION LIMITATIONS ON ORDINARY HOURS OF WORK
s SECTION OVERTIME WORK AND PAYMENT
s SECTION #OMPRESSED WORKING WEEK
s SECTION !VERAGING OF HOURS OF WORK
s SECTION PROVISION OF MEAL INTERVALS
s SECTION DAILY AND WEEKLY REST PERIOD
s SECTION PAY FOR WORK ON 3UNDAYS
s SECTION NIGHT WORK
s SECTION 0UBLIC HOLIDAYS WHERE AN EMPLOYEE MAY WORK ON
A PUBLIC HOLIDAY ON WHICH HESHE WOULD NOT HAVE ORDINARILY WORKED
3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%!
0!24 4)-% #!35!, !.$ 4%-0/2!29 %-0,/9%%3
! PART TIME EMPLOYEE IS NORMALLY PERMANENTLY EMPLOYED BUT ONLY WORKS PART OF
A WORKING DAY OR WEEK ! CASUAL EMPLOYEE IS PERMANENTLY EMPLOYED BUT ONLY WORKS
PART OF A WORKING WEEK !N EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY
MONTH IS NOW FULLY COVERED BY THE PROVISIONS OF THE "#%! INCLUDING PROVISIONS FOR
LEAVE AND SICK PAY OVERTIME AND PUBLIC HOLIDAY RATES ! TEMPORARY EMPLOYEE IS NOT
PERMANENTLY EMPLOYED BUT ONLY WORKS FOR A SPECIFIC LENGTH OF TIME OR UNTIL
A SPECIFIC JOB IS COMPLETED 4HIS IS OFTEN REFERRED TO AS A @FIXED TERM CONTRACT OF
EMPLOYMENT 3EE PAGE &IXED TERM CONTRACTS
)N MOST CASES PART TIME CASUAL AND TEMPORARY EMPLOYEES WILL BE ENTITLED TO THE
SAME BENEFITS AS OTHER EMPLOYEES BUT ON A PRO RATA BASIS 4HEY ARE EXCLUDED
FROM SOME PROVISIONS OF THE "#%! FOR EXAMPLE THEY ARE NOT ENTITLED TO FAMILY
RESPONSIBILITY LEAVE
0)%#% 7/2+
0IECE WORK MEANS THAT AN EMPLOYEE IS NOT PAID ACCORDING TO THE HOURS THAT HE OR
SHE WORKS 4HE EMPLOYEE IS PAID FOR THE NUMBER OF ITEMS PRODUCED &OR EXAMPLE
SEASONAL FARMWORKERS MAY BE PAID FOR THE AMOUNT OF FRUIT THEY PICK 4HE "#%!
SAYS NOTHING ABOUT WAGES AND CONDITIONS OF EMPLOYMENT FOR PIECEWORK BECAUSE
PIECEWORKERS ARE NOT EMPLOYEES
&2%%,!.#% /2 /543/52#).'
!N EMPLOYER MAY PAY SOMEONE WHO WORKS FROM A DIFFERENT PLACE TO DO WORK
4HIS PERSON IS NOT AN EMPLOYEE BUT IS RUNNING THEIR OWN SMALL BUSINESS AND IS
OFTEN REFERRED TO AS AN INDEPENDENT CONTRACTOR 4HE CONTRACTOR IS GENERALLY PAID FOR
PRODUCING AN AGREED LEVEL OF WORK OR PROVIDING A SERVICE AND IS NOT SUPERVISED OR
CONTROLLED BY THE EMPLOYER 4HE INDEPENDENT CONTRACTOR IS NOT COVERED BY THE "#%!
%8!-0,% 3AKUMSI CUTS PATTERNS FOR DRESSES (E PAYS 4REVOR TO SEW
THE PIECES TOGETHER 4REVOR WORKS FROM HIS HOUSE 4REVOR IS
NOT EMPLOYED BY 3AKUMSI AND 3AKUMSI DOES NOT HAVE TO MAKE SURE THAT 4REVORgS
PAY AND WORKING CONDITIONS ARE ACCORDING TO THE "#%!
6!2)!4)/. /& "!3)# #/.$)4)/.3
#ERTAIN RIGHTS IN THE "#%! ARE FUNDAMENTAL AND WILL NOT BE ABLE TO BE VARIED
FOR EXAMPLE THE PROHIBITION ON CHILD LABOUR OR THE MAXIMUM NUMBER OF ORDINARY
HOURS THAT AN EMPLOYEE CAN BE MADE TO WORK
)N COLLECTIVE AGREEMENTS FOR EXAMPLE "ARGAINING #OUNCIL !GREEMENTS EMPLOYEES
MAY AGREE TO CONDITIONS THAT ARE DIFFERENT TO CONDITIONS IN THE "#%! AS LONG AS THE
AGREEMENT IS CONSISTENT WITH THE PURPOSE OF THE "#%! AND DOES NOT GIVE THEM LESS
PROTECTION THAN THEY HAD UNDER THE "#%! NOR REDUCE AN EMPLOYEES ANNUAL LEAVE TO
LESS THAN WEEKS NOR REMOVE MATERNITY LEAVE OR SICK LEAVE 3EE S A nF OF THE
"#%!
%MPLOYEES MAY BE COVERED BY THE "#%! BUT HAVE TERMS AND CONDITIONS OF
EMPLOYMENT WHICH VARY FROM THOSE IN THE "#%! 4HE "#%! ALLOWS FOR THE FOLLOWING
WAYS OF VARYING BASIC CONDITIONS OF EMPLOYMENT
s THE INDIVIDUAL EMPLOYMENT CONTRACT BETWEEN AN EMPLOYEE AND EMPLOYER
ALTHOUGH THE SCOPE FOR VARIATION BY THIS METHOD IS EXTREMELY LIMITED
s COLLECTIVE BARGAINING BETWEEN A TRADE UNION AND THE %MPLOYER
s SECTORAL DETERMINATIONS
s THE -INISTER OF ,ABOUR CAN MAKE SPECIAL EXCEPTIONS
3O AN EMPLOYEE WHO IS COVERED BY THE "#%! HAS THE CONDITIONS OF EMPLOYMENT AS
SPECIFIED IN THE !CT UNLESS
s THE EMPLOYEE HAS AN INDIVIDUAL AGREEMENT EMPLOYMENT CONTRACT WITH THE
EMPLOYER
s THE EMPLOYEE IS PART OF A COLLECTIVE AGREEMENT WITH THE EMPLOYER
s THERE IS A SECTORAL DETERMINATION LIKE A 7AGE $ETERMINATION OR A -INISTERIAL
EXEMPTION WHICH OVERRIDES THE CONDITIONS IN THE "#%!
3EE PAGE #HART &INDING OUT AN EMPLOYEES TERMS AND CONDITIONS OF
EMPLOYMENT
).$)6)$5!, #/.42!#4 /& %-0,/9-%.4
4HE CONTRACT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! AS LONG AS THEY ARE
MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! 4HE "#%! SETS OUT THE MINIMUM
CONDITIONS OF EMPLOYMENT !NY CONTRACT OF EMPLOYMENT MUST AT LEAST COMPLY WITH
ALL ITS PROVISIONS )F A CONTRACT BREAKS ANY PART OF THE "#%! AND A VARIATION ORDER
HAS NOT BEEN OBTAINED FROM THE $EPARTMENT OF ,ABOUR IT IS NOT ENFORCEABLE AND
THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN THE CONTRACT 3EE PAGE 4HE
CONTRACT OF EMPLOYMENT
#/,,%#4)6% "!2'!).).'
4HE "#%! TOGETHER WITH THE ,2! AIMS TO PROMOTE COLLECTIVE BARGAINING AND
THEREFORE ALLOWS VARIATION OF CERTAIN SPECIFIED CONDITIONS THROUGH COLLECTIVE
BARGAINING BETWEEN AN EMPLOYER AND EMPLOYEES WHO WORK FOR THAT EMPLOYER 4HEY
CAN REACH A COLLECTIVE AGREEMENT
! COLLECTIVE AGREEMENT UNDER THE "#%! MAY HAVE DIFFERENT CONDITIONS TO THOSE IN
THE "#%! AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%!
)F AN AGREEMENT BREAKS ANY PART OF THE "#%! IT IS NOT ENFORCEABLE AND THE "#%!
CONDITIONS OVERRIDE THE CONDITIONS IN THE AGREEMENT
4HERE ARE ALSO CENTRALISED AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS UNDER THE
,ABOUR 2ELATIONS !CT )N CENTRALISED COLLECTIVE BARGAINING EMPLOYEES MAY AGREE TO
CONDITIONS THAT ARE DIFFERENT TO "#%! CONDITIONS 4HIS MAY BE BECAUSE IN EXCHANGE
THEY GAINED SOMETHING ELSE THEY WANTED MORE OR IT MAY BE BECAUSE THEIR POSITION
WAS WEAKER THAN THE EMPLOYERgS 3EE PAGE #OLLECTIVE AGREEMENTS
3%#4/2!, $%4%2-).!4)/.3
4HE "#%! PROVIDES FOR THE ESTABLISHMENT OF AN %MPLOYMENT #ONDITIONS #OMMISSION
4HEY INVESTIGATE CONDITIONS IN A PARTICULAR INDUSTRY OR SECTOR AND MAKE RECOMMENDATIONS
TO THE -INISTER OF ,ABOUR 7HEN THE -INISTER APPROVES A RECOMMENDATION FROM THE
#OMMISSION THIS IS PUBLISHED IN THE 'OVERNMENT 'AZETTE AS A 7AGE DETERMINATION
OR 3ECTORAL DETERMINATION 3EE PAGE 3UMMARY OF THE 3ECTORAL DETERMINATION
FOR FARMWORKERS AND PAGE 3UMMARY OF THE 3ECTORAL DETERMINATION FOR
DOMESTIC WORKERS
-).)34%2)!, %8%-04)/.3
4HE -INISTER OF ,ABOUR MAY OVERRIDE THE PROVISIONS OF THE "#%! FOR PARTICULAR
GROUPS OF EMPLOYEES
02/()")4%$ %-0,/9-%.4
#(),$ ,!"/52
s #HILDREN BELOW THE AGE OF YEARS MAY NOT BE REQUIRED OR PERMITTED TO WORK
s #HILDREN BETWEEN THE AGES OF AND MAY NOT PERFORM WORK THAT PLACES THEIR
WELL
BEING EDUCATION OR PHYSICAL AND MENTAL HEALTH AT RISK
4HE $EPARTMENT OF ,ABOUR AND STATE PROSECUTOR WILL BE PRIMARILY RESPONSIBLE FOR
ENFORCING THE RULES ABOUT CHILD LABOUR 4O EMPLOY CHILDREN IS A CRIMINAL OFFENCE
&/2#%$ ,!"/52
.O
ONE MAY FORCE EMPLOYEES TO WORK FOR EXAMPLE WHERE THE EMPLOYEE IS FORCED TO
WORK WITHOUT PAY AND IN RETURN FOR PAYMENT IN KIND 4HIS IS A CRIMINAL OFFENCE
%.&/2#%-%.4 /& 4(% "#%!
4HE $EPARTMENT OF ,ABOUR IS RESPONSIBLE FOR ENFORCING THE "#%! 4HE $EPARTMENT
APPOINTS INSPECTORS WHO HAVE WIDE POWERS TO MAKE SURE EMPLOYERS OBEY THE !CT
!N EMPLOYEE WHOSE EMPLOYER IS NOT OBEYING THE "#%! CAN COMPLAIN TO THE
$EPARTMENT OF ,ABOUR NOT THE ##-! ! ,ABOUR INSPECTOR WILL INVESTIGATE )F THE
INSPECTOR DECIDES THE EMPLOYER IS BREAKING THE LAW HE OR SHE WILL TRY TO GET A
WRITTEN PROMISE FROM THE EMPLOYER TO OBEY THE "#%!
4HE INSPECTOR MAY ISSUE A g#OMPLIANCE /RDERg TO EMPLOYERS WHO DO NOT OBEY THE
"#%! )F THE EMPLOYER IGNORES THE #OMPLIANCE /RDER THE $EPARTMENT OF ,ABOUR
MUST REFER THE MATTER TO THE ,ABOUR #OURT TO FORCE THE EMPLOYER TO OBEY %MPLOYERS
ARE ALSO ENTITLED TO APPEAL AGAINST COMPLIANCE ORDERS TO THE $IRECTOR 'ENERAL OF
,ABOUR OR THE ,ABOUR #OURT
)F AN EMPLOYEE AND EMPLOYER ARE IN A DISPUTE ABOUT A MATTER COVERED BY THE ,ABOUR
2ELATIONS !CT AND THEY ARE BUSY TRYING TO RESOLVE THE DISPUTE AT THE #OMMISSION
FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! THEN THE ##-! CAN ALSO
ORDER THE EMPLOYER TO PAY MONEY THAT IS OWED TO THE EMPLOYEE IN TERMS OF THE
EMPLOYEEgS "#%! RIGHTS &OR EXAMPLE IF A DISMISSAL IS BEING CONTESTED AT THE ##-!
THE ##-! WILL BE ABLE TO ORDER AN EMPLOYER TO PAY OUTSTANDING MONEY OWED TO
THE EMPLOYEE 4HE LAW IS MADE LIKE THIS JUST TO SIMPLIFY PROCEDURES AND TO AVOID THE
MATTER HAVING TO GO TO BOTH THE $EPARTMENT OF ,ABOUR AND THE ##-! AND POSSIBLY
THE COURTS
%MPLOYEES CAN ALSO MAKE THEIR OWN CIVIL CASE IN THE -AGISTRATES #OURT AND THE
3MALL #LAIMS #OURT TO GET MONEY THAT IS OWING TO THEM
4HE $EPARTMENT OF ,ABOUR WILL MAKE A CRIMINAL CASE AGAINST AN EMPLOYER FOR
EMPLOYMENT OF CHILD LABOUR
35--!29 /& 02/6)3)/.3 ). 4(% "#%!
7/2+).' 4)-%3 !.$ 0!9
s 4HE MAXIMUM HOURS OF WORK IS HOURS PER WEEK FOR ORDINARY PAY
3EE S OF THE "#%!
s 4HE MAXIMUM LENGTH OF A WORKING DAY IS HOURS IF THE EMPLOYEE WORKS A
DAY
WEEK BUT HOURS A DAY IF THE EMPLOYEE WORKS A
DAY WEEK 7HERE THE WORKING
WEEK IS COMPRESSED SQUASHED INTO FEWER DAYS THEN SHIFTS OF LONGER HOURS MAY
BE INTRODUCED WITH THE EMPLOYEES CONSENT &OR EXAMPLE AN EMPLOYEE CAN AGREE
TO WORK SHIFTS OF HOURS OVER WORKING DAYS
s /VERTIME IS VOLUNTARY .O EMPLOYEE MAY WORK MORE THAN HOURS OF OVERTIME
PER WEEK /VERTIME MUST BE PAID PER HOUR OF OVERTIME WORKED AT A RATE OF ONE
AND A HALF TIMES THE EMPLOYEES ORDINARY HOURLY WAGE )N ADDITION NO EMPLOYEE MAY
WORK MORE THAN HOURS SPREAD OVER IN ANY DAY INCLUDING OVERTIME ON THAT DAY
%VEN THOUGH OVERTIME IS VOLUNTARY IF THE EMPLOYEE AGREED IN THE ORIGINAL CONTRACT
TO WORK OVER TIME WHEN NECESSARY THEN REASONABLE OVERTIME MUST BE WORKED
)F THE EMPLOYEE REFUSES TO WORK OVERTIME THEN HESHE IS IN BREACH OF THE CONTRACT
AND THE EMPLOYER CAN TAKE DISCIPLINARY ACTION AGAINST THE EMPLOYEE
!N EMPLOYER WHO IS EMPLOYING LESS THAN EMPLOYEES ONLY NEEDS TO PAY OVERTIME AT
TIME AND A THIRD OF THE NORMAL WAGE 4HE EMPLOYER CAN ALSO AGREE WITH THE EMPLOYEE
TO WORK UP TO HOURS OVERTIME DURING A WEEK AS AGAINST THE NORMAL TEN HOURS
./4%
7HILE INDIVIDUAL OVERTIME IS VOLUNTARY SUBJECT TO AN AGREEMENT A
COLLECTIVE OR JOINT REFUSAL BY A NUMBER OF EMPLOYEES TO WORK NORMAL
OVERTIME WILL PROBABLY CONSTITUTE A STRIKE OR INDUSTRIAL ACTION
s 0AYMENT FOR 3UNDAY WORK MUST BE THE GREATER OF
n EITHER DOUBLE THE NORMAL HOURLY RATE FOR THE AMOUNT OF 3UNDAY HOURS WORKED /2
n ONE FULL DAYS PAY EVEN IF THE EMPLOYEE ONLY WORKED THREE HOURS THAT 3UNDAY
)F IT IS NORMALLY PART OF AN EMPLOYEES JOB TO WORK ON A 3UNDAY THEN SHE MUST
BE PAID AT A RATE OF TIME AND A HALF HISHER NORMAL HOURLY RATE
s %MPLOYEES ARE ENTITLED TO BE PAID FOR PUBLIC HOLIDAYS WHICH FALL ON A DAY THAT
THEY NORMALLY WOULD HAVE WORKED n EVEN THOUGH THEY WILL BE OFF AND NOT
WORKING ON THE PUBLIC HOLIDAY !N EMPLOYEE CAN AGREE TO WORK ON A PUBLIC
HOLIDAY BUT THIS IS VOLUNTARY )F AN EMPLOYEE DOES AGREE TO WORK ON A PUBLIC
HOLIDAY HE MUST GET TWO ORDINARY WORKING DAYS OFF IN EXCHANGE OR HE MUST
BE PAID DOUBLE THE NORMAL HOURLY RATE FOR THE AMOUNT OF HOURS WORKED ON THE
PUBLIC HOLIDAY 7HERE A PUBLIC HOLIDAY FALLS ON A 3UNDAY THE FOLLOWING -ONDAY
IS REGARDED AS A PUBLIC HOLIDAY
4HE PUBLIC HOLIDAYS ARE
*ANUARY .EW 9EARgS $AY
-ARCH (UMAN 2IGHTS $AY
6ARIABLE 'OOD &RIDAY
6ARIABLE &AMILY $AY
!PRIL &REEDOM $AY
-AY %MPLOYEESg $AY
*UNE 9OUTH $AY
!UGUST .ATIONAL 7OMENgS $AY
3EPTEMBER (ERITAGE $AY
$ECEMBER $AY OF 2ECONCILIATION
$ECEMBER #HRISTMAS $AY
$ECEMBER $AY OF 'OODWILL
s .IGHT WORK AFTER PM AND BEFORE AM IS VOLUNTARY %MPLOYEES MUST BE PAID AN
EXTRA ALLOWANCE FOR ALL HOURS WORKED AS NIGHT OR HAVE THEIR WORKING HOURS REDUCED
4RANSPORT MUST BE AVAILABLE FOR THE EMPLOYEES TO GET FROM THEIR HOMES TO WORK
AND BACK 4HE LAW IS UNCLEAR AS TO WHO MUST @PROVIDE OR PAY FOR SUCH TRANSPORT
&,%8)"),)49 ). 7/2+).' (/523
4HE "#%! ALLOWS FOR SOME FLEXIBILITY IN THE ARRANGEMENT OF WORKING HOURS BY
AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES COLLECTIVE AGREEMENT OR ONE
EMPLOYEE INDIVIDUAL AGREEMENT
s #OMPRESSED WORKING WEEK BY COLLECTIVE OR INDIVIDUAL AGREEMENT
%MPLOYEES CAN WORK UP TO HOURS OF NORMAL WORK ON ANY DAY WITHOUT RECEIVING
OVERTIME PAY "UT THE EMPLOYEES MAY STILL NOT WORK MORE THAN NORMAL HOURS
PER WEEK AND MAY NOT WORK ON MORE THAN DAYS IN A WEEK !NY TIME WORKED
BEYOND HOURS IN THE WEEK SHOULD BE PAID AT OVERTIME RATES OF TIME
AND
A
HALF
s !VERAGING OF WORKING HOURS BY COLLECTIVE AGREEMENT ONLY
!VERAGING MEANS EMPLOYEES CAN AGREE TO WORK LONGER HOURS THAN THE "#%!
USUALLY ALLOWS IF THEY GET THE SAME NUMBER OF EXTRA HOURS OFF AT A LATER TIME
4HIS WOULD FOR EXAMPLE MEAN THAT EMPLOYEES COULD AGREE TO WORK LONGER HOURS
IN ONE WEEK FOR NORMAL PAY IF THEY WORK REDUCED HOURS FOR NORMAL PAY THE
FOLLOWING WEEK "UT THE EMPLOYEES MAY STILL NOT WORK MORE THAN AN AVERAGE OF
ORDINARY HOURS PER WEEK DURING THIS PERIOD !LSO THE AGREEMENT CANNOT GO ON
FOR LONGER THAN MONTHS 7HERE REFERENCE IS MADE TO A COLLECTIVE AGREEMENT THEN
THIS AGREEMENT SHOULD BE MADE THROUGH THE EMPLOYEES TRADE UNION
0!9-%.4 ). +).$
7AGES CAN BE PAID PARTLY IN KIND IF THE LAW PROVIDES FOR THIS 0AYMENT IN KIND
MEANS THAT AN EMPLOYER PAYS AN EMPLOYEE HIS OR HER WAGE THROUGH GIVING HIM OR
HER HOUSING USE OF LAND OR FOOD AS WELL AS MONEY
(OWEVER THIS CAN ONLY BE DONE IF THE -INISTER OF ,ABOUR DECIDES THAT PAYMENT IN
KIND SHOULD APPLY TO A CERTAIN SECTOR 4HE -INISTER WILL ALSO DECIDE WHAT FORMULA TO
USE TO DETERMINE THE VALUE OF THE PAYMENT IN KIND
$%$5#4)/.3
$EDUCTIONS FROM WAGES OTHER THAN THOSE REQUIRED BY LAW ARE NOT PERMITTED
WITHOUT THE WRITTEN CONSENT OF THE EMPLOYEE
4HE DEDUCTIONS REQUIRED BY LAW WHICH AN EMPLOYER MAKES FROM THE WAGES OF
AN EMPLOYEE ARE AS FOLLOWS
s 5NEMPLOYMENT )NSURANCE &UND 5)&
s 3)4% TAX
s ANY DEDUCTION ORDERED BY A COURT
4HE LAWFUL DEDUCTIONS WHICH AN EMPLOYER CAN MAKE FROM THE WAGES OF AN
EMPLOYEE IF THE EMPLOYEE INSTRUCTS THE EMPLOYER IN WRITING TO MAKE THE DEDUCTION
ARE AS FOLLOWS
s TRADE UNION SUBSCRIPTIONS
s MEDICAL AID CONTRIBUTIONS
s PENSION OR PROVIDENT FUND
s MONEY TO PAY BACK A HOUSING LOAN OR OTHER LOAN FROM THE EMPLOYER
s MONEY FOR FOOD AND ACCOMMODATION
s &OR LOSS OR DAMAGES SUFFERED AT WORK PROVIDED THE EMPLOYEE HAS BEEN GIVEN
A HEARING TO EXPLAIN THE FACTS AND HAS AGREED IN WRITING TO SUCH DEDUCTION
4HE AMOUNT THAT CAN BE DEDUCTED CAN BE EQUAL TO BUT NOT MORE THAN OF
THE NORMAL WAGE TO OFFSET LOSSES
/FTEN EMPLOYERS ALSO MAKE UNLAWFUL DEDUCTIONS FROM EMPLOYEESg WAGES
%XAMPLES ARE WHEN
s THE EMPLOYER SAYS THERE WERE SHORTAGES IN A TILL AND THE EMPLOYEE HAS TO PAY
BACK THE SHORTAGES
s THE EMPLOYEE BREAKS SOMETHING AT WORK
s THE EMPLOYEE OWES THE EMPLOYER MONEY BUT DID NOT AGREE THAT THE AMOUNT
OWING SHOULD BE DEDUCTED
s THE EMPLOYEE IS OFF SICK AND THE EMPLOYER DEDUCTS MONEY FOR THE DAYS NOT
WORKED
s THE EMPLOYEE IS ABSENT FROM WORK WITHOUT LEAVE FOR EXAMPLE FAMILY
RESPONSIBILITY LEAVE
)F AN EMPLOYER WANTS TO DEDUCT A FINE FROM AN EMPLOYEEgS WAGE TO COMPENSATE
THE EMPLOYER FOR LOSS OR DAMAGE THE EMPLOYER CAN ONLY DEDUCT THE FINE IF
s THE LOSSDAMAGE HAPPENED DURING THE gCOURSE AND SCOPE OF EMPLOYMENTg
s THE EMPLOYEE WAS AT FAULT
s A FAIR HEARING WAS HELD TO GIVE THE EMPLOYEE A CHANCE TO STATE HER OR HIS CASE
s THE EMPLOYER DOES NOT DEDUCT MORE THAN THE ACTUAL VALUE OF THE LOSS OR DAMAGE
s THE TOTAL AMOUNT DEDUCTED IS NO MORE THAN OF THE EMPLOYEES WAGES
s THE EMPLOYEE GIVES CONSENT IN WRITING
3EE PAGE 0ROBLEM -ONEY IS DEDUCTED FROM AN EMPLOYEES WAGES
$!),9 !.$ 7%%+,9 2%34 0%2)/$3
s .O EMPLOYEEgS HOURS OF WORK MAY BE SPREAD OVER MORE THAN HOURS PER DAY
g3PREAD OVERg MEANS FROM THE START OF WORK TO THE END OF WORK INCLUDING ANY
BREAKS FOR MEALS OR REST AND ANY OVERTIME
s ! REST PERIOD OF HOUR IS REQUIRED AFTER EVERY HOURS WORKED 4HIS CAN BE
REDUCED TO MINUTES IF THE EMPLOYEE AND EMPLOYER AGREE IN WRITING
s %VERY EMPLOYEE IS ENTITLED TO A DAILY REST PERIOD OF HOURS FROM THE END OF
WORK ON ONE DAY TO THE START OF WORK ON THE FOLLOWING DAY 4HIS REST PERIOD CAN
BE REDUCED TO HOURS IF AN EMPLOYEE LIVES ON THE PREMISES AND GETS A MEAL
BREAK OF AT LEAST HOURS THIS MAY BE RELEVANT TO DOMESTIC WORKERS CARETAKERS
FARMWORKERS AND SO ON
s %VERY EMPLOYEE IS ENTITLED TO A WEEKLY REST PERIOD OF CONTINUOUS HOURS &OR
MANY EMPLOYEES THIS IS OVER THE WEEKEND
s !N AGREEMENT IN WRITING BETWEEN THE EMPLOYER AND EMPLOYEE MAY REDUCE THE
MEAL INTERVAL TO NOT LESS THAN MINUTES OR DO AWAY WITH A MEAL INTERVAL IF THE
EMPLOYEE WORKS LESS THAN HOURS ON A DAY
4HE AGREEMENT CAN ALSO PROVIDE FOR A REST PERIOD OF AT LEAST CONSECUTIVE HOURS
HOURS IN A ROW EVERY TWO WEEKS
4HE "#%! MAKES NO PROVISION FOR TEA INTERVALS ALTHOUGH IT IS COMMON FOR THE
EMPLOYER TO GRANT TWO TEA INTERVALS PER SHIFT 4HESE INTERVALS ARE NORMALLY DEEMED
TO BE @PAID TIME
,%!6%
,EAVE CAN BE ANNUAL YEARLY LEAVE SICK LEAVE MATERNITY LEAVE FAMILY RESPONSIBILITY
LEAVE OR UNPAID LEAVE
!..5!, ,%!6%
s %VERY EMPLOYEE IS ENTITLED TO CONSECUTIVE DAYS PAID LEAVE PER YEAR 4HIS IS THE
EQUIVALENT OF THREE WEEKS TIME OFF
s 4HE EMPLOYEE IS ENTITLED TO TAKE DAYS ALL IN ONE GO BUT CAN CHOOSE TO USE THE
ANNUAL LEAVE TO TAKE OCCASIONAL DAYS OFF WORK 4HE EMPLOYER THEN DEDUCTS THESE
DAYS OF OCCASIONAL LEAVE THAT AN EMPLOYEE TOOK DURING THE YEAR FROM THE ANNUAL
LEAVE DAYS
s !NNUAL LEAVE MUST BE TAKEN WITHIN MONTHS OF THE END OF AN ANNUAL LEAVE CYCLE
A YEARgS WORK
s )F THE EMPLOYEE IS OFF WORK ON ANY OTHER KIND OF LEAVE THESE DAYS DO NOT COUNT
AS PART OF ANNUAL LEAVE !NOTHER WAY OF SAYING THIS IS THAT ANNUAL LEAVE CANNOT BE
TAKEN AT THE SAME TIME AS SICK LEAVE FAMILY RESPONSIBILITY LEAVE OR MATERNITY LEAVE
s )F THE LEAVE PERIOD COVERS A PUBLIC HOLIDAY THEN THE PUBLIC HOLIDAY DOES NOT
COUNT AS PART OF THE EMPLOYEEgS LEAVE AND THE EMPLOYEE SHOULD BE GIVEN AN
EXTRA DAYS LEAVE 0AID PUBLIC HOLIDAYS ARE *ANUARY .EW 9EARgS $AY -ARCH
(UMAN 2IGHTS $AY 'OOD &RIDAY &AMILY $AY !PRIL &REEDOM $AY -AY
%MPLOYEESg $AY *UNE 9OUTH $AY !UGUST .ATIONAL 7OMENgS $AY
3EPTEMBER (ERITAGE $AY $ECEMBER $AY OF 2ECONCILIATION $ECEMBER
#HRISTMAS $AY $ECEMBER $AY OF 'OODWILL
s !NNUAL LEAVE CANNOT BE TAKEN AT THE SAME TIME AS THE NOTICE PERIOD
s ,EAVE PAY IS NOT A BONUS ON TOP OF NORMAL PAY )T SIMPLY MEANS THAT AN EMPLOYEE
GETS A HOLIDAY EVERY YEAR AND GETS NORMAL PAY FOR THOSE DAYS )F AN EMPLOYEE
DOESNgT TAKE LEAVE OR ALL THE LEAVE THE EMPLOYER WILL NOT PAY OUT LEAVE PAY
INSTEAD OF LEAVE
s )F AN EMPLOYEE LEAVES A JOB WITHOUT HAVING TAKEN ALL THE LEAVE THAT IS DUE TO
THEM THE EMPLOYEE MUST BE PAID FOR THE DAYS OF LEAVE THAT THEY HAVE NOT TAKEN
4HIS IS CALLED PRO RATA LEAVE PAY 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO
CLAIM NOTICE PAY AND LEAVE PAY
3)#+ ,%!6%
s ! PERMANENT EMPLOYEE IS ENTITLED TO PAID SICK LEAVE OF DAYS OVER ANY
YEAR
CYCLE DAYS IF THE EMPLOYEE WORKS A
DAY WEEK $URING THE FIRST MONTHS
THAT AN EMPLOYEE WORKS FOR AN EMPLOYER SHE OR HE GETS DAY PAID SICK LEAVE
FOR EVERY DAYS WORKED /NCE ALL THESE PAID SICK LEAVE DAYS ARE USED UP THE
EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE WHEN HE OR SHE IS OFF SICK
s /NLY AN EMPLOYEE WHO WORKS MORE THAN HOURS DURING ANY MONTH EARNS SICK
LEAVE AND THIS IS ON THE BASIS OF ONE DAYS LEAVE FOR EVERY DAYS WORKED
s 3EASONAL OR TEMPORARY EMPLOYEES ARE ENTITLED TO DAYgS SICK LEAVE FOR EVERY
DAYS WORKED OVER THE FIRST
MONTH CYCLE
s %MPLOYEES WHO ARE SICK FOR MORE THAN DAYS MAY BE REQUIRED TO PRODUCE A
DOCTORgS CERTIFICATE )F AN EMPLOYEE LIVES ON THE PREMISES AND IT IS DIFFICULT FOR
HIMHER TO GET TO A DOCTOR FOR EXAMPLE IN RURAL AREAS THE EMPLOYEE DOES NOT
HAVE TO PRODUCE A CERTIFICATE UNLESS THE EMPLOYER GIVES THE EMPLOYEE REASONABLE
ASSISTANCE TO GET THE CERTIFICATE
s 3ICK LEAVE PAY IS NOT A BONUS ON TOP OF NORMAL PAY )T SIMPLY MEANS THAT IF AN
EMPLOYEE IS GENUINELY SICK AND HAS TO TAKE TIME OFF WORK THE EMPLOYER MUST
PAY THE EMPLOYEE UP TO A CERTAIN NUMBER OF DAYS &OR EXAMPLE IF A WAITRESS IN A
RESTAURANT ONLY TAKES DAYS SICK LEAVE THIS YEAR THE EMPLOYER DOES NOT OWE HER
THE MONEY FOR THE REMAINING SICK LEAVE DAYS AT THE END OF THE YEAR
&!-),9 2%30/.3)"),)49 ,%!6%
%VERY EMPLOYEE WITH MORE THAN MONTHS SERVICE WITH AN EMPLOYER AND WHO WORKS
ON MORE THAN DAYS A WEEK IS ENTITLED TO DAYS PAID FAMILY RESPONSIBILITY LEAVE
PER YEAR 4HIS CAN BE TAKEN IF A DIRECT FAMILY MEMBER DIES OR WHEN A CHILD IS BORN
OR IS ILL ! TOTAL OF THREE DAYS IS ALLOCATED FOR THIS KIND OF LEAVE AND NOT THREE DAYS
FOR EACH EVENT
-!4%2.)49 ,%!6%
7OMEN EMPLOYEES ARE ENTITLED TO UP TO MONTHS UNPAID MATERNITY LEAVE $URING
THIS TIME THE EMPLOYEE MAY DRAW MATERNITY BENEFITS FROM THE 5NEMPLOYMENT
)NSURANCE &UND )F THE MOTHER WISHES TO RETURN TO WORK WITHIN DAYS OF HAVING
HER CHILD SHE NEEDS TO GIVE THE EMPLOYER A MEDICAL CERTIFICATE WHICH SAYS THAT SHE IS
HEALTHY TO RETURN TO NORMAL WORK 3EE PAGE 5)& -ATERNITY BENEFITS
5.0!)$ ,%!6%
!N EMPLOYER MAY AGREE TO LET AN EMPLOYEE TAKE EXTRA DAYS OF ANNUAL LEAVE OR THE
EMPLOYEE MAY BE SICK FOR LONGER THAN THE PAID SICK LEAVE 4HEN THE EMPLOYER DOES
NOT HAVE TO PAY THE EMPLOYEE FOR THESE DAYS AND THIS IS KNOWN AS 5NPAID ,EAVE
!"3%.4 7)4(/54 ,%!6%
)F AN EMPLOYEE TAKES LEAVE WITHOUT GETTING PERMISSION FROM THE EMPLOYER AND IS
NOT SICK THE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE TIME TAKEN OFF
)F THE EMPLOYEE TAKES OFF MANY DAYS IN A ROW WITHOUT PERMISSION NORMALLY MORE
THAN DAYS IN A ROW OR OFTEN TAKES TIME OFF WITHOUT PERMISSION THE EMPLOYER
MAY PRESUME THAT THE EMPLOYEE HAS DESERTED LEFT WITHOUT GIVING NOTICE HIS OR
HER EMPLOYMENT 4HE EMPLOYER MAY EMPLOY SOMEONE ELSE TO DO THE JOB PROVIDED
HESHE HAS TRIED TO FIND OUT WHY THE EMPLOYEE HAS NOT RETURNED TO WORK )N THIS
CASE THE EMPLOYER DOES NOT GIVE THE EMPLOYEE NOTICE "UT IF THE EMPLOYEE RETURNS
FAIR DISMISSAL RULES MUST BE FOLLOWED
./4)#%
s $URING THE FIRST SIX MONTHS OF EMPLOYMENT EMPLOYEES WILL BE ENTITLED TO AT LEAST
WEEKgS NOTICE OF THE TERMINATION OF THEIR SERVICES
s !FTER THE FIRST SIX MONTHS BUT DURING THE FIRST YEAR OF EMPLOYMENT EMPLOYEES
WILL BE ENTITLED TO WEEKgS NOTICE
s )F THEY HAVE WORKED FOR MORE THAN ONE YEAR EMPLOYEES ARE ENTITLED TO WEEKgS NOTICE
s )F AN EMPLOYMENT CONTRACT HAS A LONGER PERIOD OF NOTICE THAN THE "#%!
THE LONGER NOTICE MUST BE GIVEN
s .OTICE WORKS BOTH WAYS )F AN EMPLOYEE RESIGNS WITHOUT GIVING THE EMPLOYER
THE CORRECT AMOUNT OF NOTICE FOR EXAMPLE ONE WEEK THE EMPLOYER CAN CLAIM
ONE WEEKgS PAY FROM THE EMPLOYEE 3EE PAGE $ISMISSALS ABOUT EMPLOYEES
RIGHTS BEFORE AND AFTER DISMISSAL
s .OTICE MUST BE IN WRITING
s .EITHER THE EMPLOYER NOR THE EMPLOYEE CAN GIVE NOTICE WHILE THE EMPLOYEE IS ON
LEAVE
s &ARMWORKERS AND DOMESTIC WORKERS WHO HAVE BEEN EMPLOYED FOR MORE
THAN MONTHS ARE ENTITLED TO WEEKS NOTICE
3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
!LL EMPLOYEES ARE ENTITLED TO A WRITTEN CERTIFICATE OF SERVICE WHEN THE EMPLOYEE
STOPS WORKING FOR THAT EMPLOYER 4HE CERTIFICATE OF SERVICE SETS OUT THE FULL NAME OF
THE EMPLOYER AND THE EMPLOYEE THE JOBS THAT THE EMPLOYEE WAS DOING THE DATE
THAT THE EMPLOYEE BEGAN WORKING AND THE DATE THAT THE WORK ENDED AND THE WAGE
AT THE TIME THAT THE JOB ENDED INCLUDING PAYMENT IN KIND
!$-).)342!4)/.
%XCEPT FOR DOMESTIC WORKERS OR EMPLOYEES WHO WORK LESS THAN HOURS A MONTH
WHEN THE JOB STARTS THE EMPLOYER MUST GIVE THE EMPLOYEE WRITTEN PARTICULARS ABOUT
THE JOB INCLUDING
s A DESCRIPTION OF THE JOB
s THE HOURS THAT THE EMPLOYEE WILL BE EXPECTED TO WORK
s ORDINARY AND OVERTIME RATES OF PAYMENT INCLUDING PAYMENT IN KIND AND ITS VALUE
s ANY DEDUCTIONS TO BE MADE
s HOW MUCH LEAVE THE EMPLOYEE WILL GET
s THE NOTICE PERIOD
4HIS DOCUMENT IS LIKE A CONTRACT OF EMPLOYMENT BUT THE EMPLOYEE DOESNgT HAVE TO
SIGN IT )F AN EMPLOYEE CANgT READ THE PARTICULARS MUST BE EXPLAINED IN A LANGUAGE
THE EMPLOYEE UNDERSTANDS !N EMPLOYER WHO EMPLOYS FEWER THAN EMPLOYEES DOES
NOT HAVE TO PROVIDE THE ABOVE DETAILS
4HE "#%! SAYS AN EMPLOYER MUST HAND THE EMPLOYEE HIS OR HER WAGES WITH CERTAIN
DETAILS ON A PAYSLIP INCLUDING
s THE PERIOD FOR WHICH THE EMPLOYEE IS BEING PAID
s THE NUMBER OF OVERTIME HOURS WORKED
s THE NUMBER OF HOURS WORKED ON A 3UNDAY OR PUBLIC HOLIDAY
s THE WAGES DUE TO THE EMPLOYEE BOTH NORMAL AND OVERTIME
s THE AMOUNT AND REASON FOR ANY DEDUCTIONS MADE FOR TAX PENSION 5)& AND SO ON
s THE ACTUAL AMOUNT PAID
4HE "#%! SAYS THE EMPLOYERS MUST KEEP THE FOLLOWING RECORDS
s THE TIME WORKED BY EACH EMPLOYEE
s THE WAGES PAID TO EACH EMPLOYEE
02/()")4)/. /& 6)#4)-)3!4)/. !.$ %80,/)4!4)/.
!N EMPLOYER MAY NOT VICTIMISE AN EMPLOYEE WHO REFUSES TO DO SOMETHING THAT
IS AGAINST THE "#%! &OR EXAMPLE IF AN EMPLOYEE SAYS SHE CANNOT WORK OVERTIME
BECAUSE HER BABY IS SICK AT HOME THE EMPLOYER CANNOT DISMISS HER BECAUSE THE
"#%! SAYS THAT AN EMPLOYER CANNOT MAKE AN EMPLOYEE WORK OVERTIME WITHOUT THE
EMPLOYEEgS CONSENT
#OLLECTIVE AGREEMENTS
#OLLECTIVE BARGAINING IS WHERE EMPLOYEES NORMALLY REPRESENTED BY A TRADE UNION AND
EMPLOYERS NEGOTIATE WITH EACH OTHER ABOUT TERMS AND CONDITIONS OF EMPLOYMENT
IN ORDER TO REACH A COLLECTIVE AGREEMENT 4HE COLLECTIVE AGREEMENT MAY HAVE
DIFFERENT CONDITIONS TO THOSE IN THE "ASIC #ONDITIONS OF %MPLOYMENT !CT "#%!
! COLLECTIVE AGREEMENT OVERRIDES ANY INDIVIDUAL CONTRACT OF EMPLOYMENT #OLLECTIVE
AGREEMENTS CAN BE OF TWO KINDS
s 4HE "#%! ALLOWS VARIATION OF CERTAIN SPECIFIED CONDITIONS IN THE "#%! THROUGH
COLLECTIVE BARGAINING BETWEEN A GROUP OF EMPLOYEES REPRESENTED BY A REGISTERED
UNION WORKING FOR THE SAME EMPLOYER USUALLY AT ONE WORKPLACE AND THE
EMPLOYER
s 4HE ,ABOUR 2ELATIONS !CT ALLOWS CENTRALISED COLLECTIVE BARGAINING BETWEEN GROUPS
OF EMPLOYEES IN THE SAME INDUSTRY OR SECTOR AND EMPLOYERS IN THAT INDUSTRY OR
SECTOR 4HEY DRAW UP A "ARGAINING #OUNCIL !GREEMENT WHICH BUSINESSES COVERED
BY THAT AGREEMENT IN THAT SECTOR HAVE TO FOLLOW
s 4HE !CT ALSO ALLOWS FOR A #OLLECTIVE !GREEMENT TO BE ENTERED INTO WITHIN AN
ORGANISATION BETWEEN A REGISTERED TRADE UNION AND THE EMPLOYER
7/2+0,!#%
"!3%$ #/,,%#4)6% !'2%%-%.43
! GROUP OF EMPLOYEES WORKING FOR THE SAME EMPLOYER USUALLY AT ONE WORKPLACE
AND THE EMPLOYER NEGOTIATE AND MAKE A COLLECTIVE AGREEMENT 4HE COLLECTIVE
AGREEMENT COVERS TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WORKING FOR
THAT EMPLOYER
4HE "#%! SAYS WHAT THINGS EMPLOYEES AND EMPLOYERS ARE FREE TO MAKE COLLECTIVE
AGREEMENTS ABOUT &OR EXAMPLE EMPLOYEES AND THEIR EMPLOYER CANNOT COLLECTIVELY
AGREE THAT CHILD LABOUR WILL BE ALLOWED #ERTAIN CORE RIGHTS CANNOT BE ALTERED 4HESE
INCLUDE NORMAL WORKING HOURS HOURS MATERNITY LEAVE NIGHT WORK PROVISIONS ETC
! WORKPLACE
BASED AGREEMENT MAY HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%!
AS LONG AS THEY ARE MORE FAVOURABLE TO THE EMPLOYEE THAN THE "#%! 4HE "#%! SETS
OUT THE MINIMUM CONDITIONS OF EMPLOYMENT )F AN AGREEMENT BREAKS ANY PART OF
THE "#%! IT IS NOT ENFORCEABLE AND THE "#%! CONDITIONS OVERRIDE THE CONDITIONS IN
THE AGREEMENT
)F THE COLLECTIVE AGREEMENT DOES NOT COVER CERTAIN TERMS AND CONDITIONS OF
EMPLOYMENT THEN THOSE TERMS AND CONDITIONS IN THE "#%! APPLY TO THE EMPLOYEES
.OTICE TO TERMINATE A COLLECTIVE AGREEMENT MUST BE GIVEN IN WRITING
! COLLECTIVE AGREEMENT CAN BE MADE APPLICABLE FOR ALL EMPLOYEES IN A BARGAINING
UNIT IN OTHER WORDS NON
UNION MEMBERS IF THE UNION IS A MAJORITY UNION AND THE
AGREEMENT SPECIFIES THOSE EMPLOYEES TO BE COVERED BY SUCH COLLECTIVE AGREEMENT
%.&/2#%-%.4 /& ! 7/2+0,!#%
"!3%$ #/,,%#4)6% !'2%%-%.4
)F YOU ARE HELPING AN EMPLOYEE WITH A PROBLEM WHICH IS COVERED BY A COLLECTIVE
AGREEMENT UNDER THE "#%! THEN YOU REFER THE PROBLEM TO THE ##-! OR "ARGAINING
#OUNCIL IF YOU HAVE FAILED TO SOLVE THE PROBLEM WITH THE EMPLOYER ON YOUR OWN
)F THERE IS DISAGREEMENT OVER AN INTERPRETATION OF A COLLECTIVE AGREEMENT OR HOW IT
IS BEING APPLIED THEN THIS CAN BE REFERRED TO THE ##-! OR APPROPRIATE "ARGAINING
#OUNCIL FOR CONCILIATION AND FINAL ARBITRATION
"!2'!).).' #/5.#), !'2%%-%.43
! "ARGAINING #OUNCIL !GREEMENT IS THE OUTCOME OF CENTRALISED COLLECTIVE BARGAINING
UNDER THE ,ABOUR 2ELATIONS !CT
! "ARGAINING #OUNCIL !GREEMENT SETS OUT TERMS AND CONDITIONS OF EMPLOYMENT FOR
A PARTICULAR INDUSTRY IN A PARTICULAR AREA 4HE CONDITIONS IN THE COLLECTIVE AGREEMENT
MAY BE BETTER FOR EMPLOYEES THAN THOSE IN THE "#%! %MPLOYEES MAY AGREE TO
CONDITIONS WHICH ARE DIFFERENT TO THOSE IN THE "#%! PROVIDED THEY DO NOT AFFECT
CERTAIN CORE RIGHTS 3EE 3 OF THE "#%!
(/7 !2% "!2'!).).' #/5.#), !'2%%-%.43 -!$%
"ARGAINING #OUNCILS ARE PERMANENT STRUCTURES 4HEY ARE MADE UP OF REPRESENTATIVES
OF EMPLOYERS ON THE ONE HAND AND OF TRADE UNIONS ON THE OTHER 4HE ,ABOUR
2ELATIONS !CT SETS OUT CONDITIONS FOR SETTING UP "ARGAINING #OUNCILS 4HE TWO
PARTIES TO A "ARGAINING #OUNCIL NEGOTIATE TOGETHER TO MAKE A "ARGAINING #OUNCIL
!GREEMENT WHICH IS REPORTED IN THE 'OVERNMENT 'AZETTE
! "ARGAINING #OUNCIL MAY ASK THE -INISTER OF ,ABOUR IN WRITING TO EXTEND A
COLLECTIVE AGREEMENT TO ANY NON
PARTIES TO THE AGREEMENT WHO ARE WITHIN THE
SCOPE OF THE COUNCIL
)F THERE IS NO "ARGAINING #OUNCIL IN A SECTOR UNIONS OR EMPLOYER ORGANISATIONS CAN
APPLY TO ESTABLISH A 3TATUTORY #OUNCIL UNDER THE ,ABOUR 2ELATIONS !CT &OR A 3TATUTORY
#OUNCIL TO BE INTRODUCED THE UNIONS IN THAT SECTOR MUST REPRESENT OR MORE OF
EMPLOYEES IN THE SECTOR AND THE EMPLOYERSg ORGANISATION MUST REPRESENT OR
MORE OF EMPLOYERS IN THE SECTOR 3TATUTORY #OUNCILS CAN NEGOTIATE EDUCATION AND
TRAINING BENEFIT FUNDS AND DISPUTE RESOLUTION IN THE SECTOR )N 3TATUTORY #OUNCILS
EMPLOYERS ARE NOT FORCED TO NEGOTIATE OVER WAGES AND CONDITIONS OF EMPLOYMENT
! 3TATUTORY #OUNCIL MAY BECOME A "ARGAINING #OUNCIL LATER !T PRESENT IN 3OUTH
!FRICA ONLY ONE STATUTORY COUNCIL HAS BEEN CREATED THIS IS IN THE PRINTING INDUSTRY
%.&/2#%-%.4 /& ! "!2'!).).' #/5.#), !'2%%-%.4
)T IS AN OFFENCE FOR EMPLOYERS OR EMPLOYEES WORKING IN A PARTICULAR INDUSTRY AND
AREA NOT TO OBEY THE TERMS OF THE "ARGAINING #OUNCIL !GREEMENT !NY PROBLEMS
ABOUT ANY OF THE WORKING CONDITIONS IN THE !GREEMENT MUST BE REFERRED TO THE
"ARGAINING #OUNCIL FOR INVESTIGATION 4HE "ARGAINING #OUNCILS AGENTS HAVE POWERS
OF INSPECTION SIMILAR TO ,ABOUR )NSPECTORS IN TERMS OF THE "#%! 3UCH AGENTS CAN
PROVIDE #OMPLIANCE /RDERS WHERE EMPLOYERS ARE IN BREACH OF THE COUNCIL AGREEMENT
3EE PAGE 0ROBLEM %MPLOYEES IS PAID BELOW THE MINIMUM WAGE
3%44,).' $)3054%3 5.$%2 ! "!2'!).).' #/5.#),
4HE "ARGAINING #OUNCIL ALSO PLAYS A ROLE IN SETTLING DISPUTES SUCH AS UNFAIR LABOUR
PRACTICES OR UNFAIR DISMISSALS IN A PARTICULAR INDUSTRY $ISPUTES MUST BE REFERRED TO
THE RELEVANT "ARGAINING #OUNCIL FOR CONCILIATION IF A "ARGAINING #OUNCIL EXISTS IN
THE 3ECTOR 4HE #OUNCIL ACTS AS A MEDIATOR TO TRY TO HELP THE TWO PARTIES NEGOTIATE
A SOLUTION )F THE CONCILIATION DOES NOT RESOLVE THE DISPUTE EITHER OF THE PARTIES
MAY REFER THE MATTER FOR ARBITRATION TO THE #OMMISSION FOR #ONCILIATION -EDIATION
AND !RBITRATION ##-! UNLESS THE "ARGAINING #OUNCIL HAS ITS OWN ACCREDITED
ARBITRATORS 4HE "ARGAINING #OUNCIL DISPUTE RESOLUTION PROCEDURE IS SIMILAR TO THE
##-! DISPUTE RESOLUTION PROCEDURE ! "ARGAINING #OUNCIL OR ##-! ARBITRATOR MAY
MAKE AN AWARD ORDERING THE EMPLOYER TO PAY AN AMOUNT OWING OR IMPOSE A FINE
OR AN APPROPRIATE AWARD 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
3ECTORAL DETERMINATIONS
! SECTORAL DETERMINATION CONTROLS THE TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN A PARTICULAR SECTOR )T MAY SET MINIMUM WAGES IN SECTORS REGULATE
PAYMENT IN KIND REGULATE PENSION AND MEDICAL AID SCHEMES PROHIBIT OR REGULATE
PIECE WORK SET MINIMUM STANDARDS FOR HOUSING FOR EMPLOYEES WHO LIVE ON THE
EMPLOYERgS PREMISES AND SO ON 3ECTORAL DETERMINATIONS WILL BE SET IN SECTORS
WHERE THERE IS NO CENTRALISED COLLECTIVE BARGAINING AND WHICH REQUIRE DETAILED AND
SPECIFIC REGULATIONS EG THE AGRICULTURAL SECTOR 3ECTORAL DETERMINATIONS MAY
HAVE DIFFERENT CONDITIONS TO THOSE IN THE "#%! 4HE CONDITIONS IN THE SECTORAL
DETERMINATIONS WILL OVERRIDE THE CONDITIONS IN THE "#%!
(/7 !2% 3%#4/2!, $%4%2-).!4)/.3 -!$%
4HE "#%! PROVIDES FOR THE ESTABLISHMENT OF AN %MPLOYMENT #ONDITIONS #OMMISSION
WHICH INVESTIGATES CONDITIONS IN A PARTICULAR INDUSTRY OR SECTOR -EETINGS ARE HELD
TO DISCUSS THE ESTABLISHMENT OF A SECTORAL DETERMINATION !NYONE WHO IS INTERESTED
IN HAVING A SAY IN A PARTICULAR INDUSTRY CAN ATTEND THESE MEETINGS WHICH ARE
ADVERTISED IN THE GOVERNMENT GAZETTE
7HEN THE %MPLOYMENT #ONDITIONS #OMMISSION HAS HEARD ALL THE INFORMATION
IT MAKES RECOMMENDATIONS TO THE -INISTER OF ,ABOUR /NCE THE -INISTER APPROVES
THE RECOMMENDATIONS THEY ARE PUBLISHED IN THE 'OVERNMENT 'AZETTE AS A WAGE
DETERMINATION OR SECTORAL DETERMINATION
%.&/2#%-%.4 /& ! 3%#4/2!, $%4%2-).!4)/.
)T IS THE $EPARTMENT OF ,ABOURgS JOB TO MAKE SURE THAT ALL EMPLOYERS AND EMPLOYEES
OBEY THE CONDITIONS OF EMPLOYMENT LAID OUT IN SECTORAL DETERMINATIONS AND WAGE
DETERMINATIONS )F YOU ARE HELPING AN EMPLOYEE WHO IS COVERED BY A SECTORAL
DETERMINATION OR WAGE DETERMINATION YOU REFER THE PROBLEM TO THE $EPARTMENT OF
,ABOUR IF YOU HAVE TRIED AND CANNOT SOLVE THE PROBLEM WITH THE EMPLOYER ON YOUR
OWN 3EE PAGE 0ROBLEM %MPLOYEE IS PAID BELOW THE MINIMUM WAGE
3%44,).' $)3054%3 5.$%2 ! 3%#4/2!, $%4%2-).!4)/.
)T IS ALSO THE $EPARTMENT OF ,ABOURgS JOB TO HELP WITH THE SETTLING OF DISPUTES
35--!29 /& 4(% 3%#4/2!,
$%4%2-).!4)/. &/2 &!2-7/2+%23
4HE EMPLOYMENT CONDITIONS OF FARMWORKERS ARE REGULATED BY 3ECTORAL $ETERMINATION
AND THE ,ABOUR 2ELATIONS !CT
4HIS IS A SUMMARY OF THE PROVISIONS CONTAINED IN 3ECTORAL $ETERMINATION
3EE THE WEBSITE WWWLABOURGOVZA AND CLICK ON THE APPROPRIATE 3ECTORAL
$ETERMINATION FOR MORE INFORMATION
./4)#% 0%2)/$ !.$ 4%2-).!4)/. /& %-0,/9-%.4
!NY PARTY TO AN EMPLOYMENT CONTRACT MUST GIVE WRITTEN NOTICE EXCEPT WHEN
AN ILLITERATE EMPLOYEE GIVES IT AS FOLLOWS
s ONE WEEK n IF EMPLOYED FOR MONTHS OR LESS
s FOUR WEEKS n IF EMPLOYED FOR MORE THAN MONTHS
.OTICE MUST BE EXPLAINED VERBALLY BY OR ON BEHALF OF THE EMPLOYER TO A FARMWORKER
IF HESHE IS NOT ABLE TO UNDERSTAND IT
)F THE FARMWORKER LIVES IN ACCOMMODATION PROVIDED BY THE EMPLOYER THEN THE
EMPLOYER MUST GIVE HIMHER ONE MONTHS NOTICE TO LEAVE THE ACCOMMODATION OR
ALLOW THE EMPLOYEE TO REMAIN IN THE HOME UNTIL THE CONTRACT OF EMPLOYMENT ENDS
4HE FARM WORKER IS ALLOWED TO KEEP LIVESTOCK ON THE PREMISES FOR A PERIOD OF ONE
MONTH OR UNTIL THE CONTRACT OF EMPLOYMENT COULD LAWFULLY HAVE BEEN TERMINATED
4HE FARMWORKER WHO HAS STANDING CROPS ON THE LAND IS ALLOWED TO TEND TO THOSE CROPS
HARVEST AND REMOVE THEM WITHIN A REASONABLE TIME AFTER THEY BECOME READY FOR
HARVESTING UNLESS THE EMPLOYER PAYS THE FARMWORKER AN AGREED AMOUNT FOR THE CROPS
!LL MONEY THAT IS OWING TO THE FARMWORKER FOR EXAMPLE WAGES ALLOWANCES PRO
RATA LEAVE PAID TIME
OFF NOT TAKEN AND SO ON MUST BE PAID TO THE EMPLOYEE IF THE
EMPLOYEE LEAVES THE FARM
02/#%$52% &/2 4%2-).!4).' %-0,/9-%.4
! FARMWORKERS CONTRACT OF EMPLOYMENT MAY NOT BE TERMINATED UNLESS A VALID AND
FAIR REASON EXISTS AND A FAIR PROCEDURE IS FOLLOWED )F AN EMPLOYEE IS DISMISSED WITHOUT
A VALID REASON OR WITHOUT A FAIR PROCEDURE THE EMPLOYEE CAN REFER THE CASE TO THE
##-! 4HIS SHOULD BE DONE WITHIN THIRTY DAYS OF BEING DISMISSED FROM THE FARM
)F A FARMWORKER CANNOT RETURN TO WORK BECAUSE OF A DISABILITY THE EMPLOYER MUST
INVESTIGATE THE NATURE OF THE DISABILITY AND DECIDE WHETHER OR NOT IT IS PERMANENT
OR TEMPORARY 4HE EMPLOYER MUST TRY TO CHANGE OR ADAPT THE DUTIES OF THE EMPLOYEE
TO ACCOMMODATE THE EMPLOYEE AS FAR AS POSSIBLE "UT IF IT IS NOT POSSIBLE FOR THE
EMPLOYER TO CHANGE OR ADAPT THE DUTIES OF THE FARMWORKER THEN THE EMPLOYER CAN
TERMINATE HISHER SERVICES FOR WHAT IS CALLED h)NCAPACITYv
4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES THAT MUST BE FOLLOWED WHEN
A PERSONS SERVICES ARE TERMINATED
7!'%2%-5.%2!4)/.0!9-%.4
!LL FARMERS HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 4HERE ARE TWO RATES FOR
!LL FARMERS HAVE TO PAY THEIR EMPLOYEES A MINIMUM WAGE 0REVIOUSLY THERE WERE
TWO RATES FOR THE MINIMUM WAGE WHICH WERE BASED ON THE AREA WHERE THE FARM WAS
LOCATED 4HERE IS NOW ONLY ONE RATE THAT APPLIES TO ALL AREAS 7AGE RATES ARE ADJUSTED
EVERY YEAR
4HE MINIMUM RATE FOR THE PERIOD -ARCH TO &EBRUARY IS 2 PER
MONTH AND 2 PER HOUR
&ARMERS WHO CAN PROVE THAT THEY CANNOT AFFORD THE MINIMUM WAGE CAN APPLY TO
THE $EPARTMENT OF ,ABOUR FOR A VARIATION OR EXEMPTION FROM THIS REQUIREMENT 4HE
$EPARTMENT WILL CONSIDER VARIATIONS ONLY WHERE THE FARMER CAN GIVE GOOD FINANCIAL
REASONS FOR THIS
!DDITIONAL PAYMENTS SUCH AS FOR OVERTIME OR WORK ON 3UNDAYS OR 0UBLIC HOLIDAYS
ARE CALCULATED FROM THE TOTAL REMUNERATION
42!.30/24 !,,/7!.#%
4HE 3ECTORAL $ETERMINATION DOES NOT REGULATE TRANSPORT SO IT IS OPEN TO NEGOTIATION
BETWEEN THE PARTIES
(/523 /& 7/2+
./2-!, (/523 %8#,5$).' /6%24)-%
! FARMWORKER CANNOT WORK MORE THAN
s HOURS PER WEEK
s HOURS PER DAY FOR A FIVE DAY WORK WEEK
s HOURS A DAY FOR A SIX DAY WORK WEEK
%84%.3)/. /& /2$).!29 (/523 /& 7/2+
/RDINARY HOURS OF WORK CAN BE EXTENDED BY WRITTEN AGREEMENT BUT BY NO MORE THAN
HOURS PER WEEK FOR A PERIOD OF UP TO FOUR MONTHS 4HE ORDINARY HOURS OF WORK
SHOULD BE REDUCED BY THE SAME NUMBER OF HOURS DURING A QUIET PERIOD IN THE SAME
TWELVE MONTH PERIOD
!VERAGING OF WORKING HOURS DURING SEASON TIME
!VERAGING MEANS EMPLOYEES CAN COLLECTIVELY AGREE TO WORK SHORTER OR LONGER HOURS
THAN THE 3ECTORAL $ETERMINATION ALLOWS !NY AGREEMENT TO WORK LONGER HOURS
MEANS EMPLOYEES MUST GET THE SAME NUMBER OF EXTRA HOURS OFF AT A LATER TIME
!NY AGREEMENT REGARDING LONGER OR SHORTER WORKING HOURS MUST BE IN WRITING AND
SHOULD BE DONE WITH THE SUPPORT OF A TRADE UNION WHERE POSSIBLE
&ARMWORKERS CAN AGREE TO WORK UP TO HOURS A WEEK FOR THEIR ORDINARY WAGES BUT
THIS CAN ONLY GO ON FOR FOUR MONTHS (OWEVER IF THE PARTIES WANT TO EXTEND THIS
ARRANGEMENT THEY CAN AGREE IN WRITING TO DO THIS AND THEY MUST THEN NOTIFY THE
$EPARTMENT OF ,ABOUR OF THIS AGREEMENT )N RETURN NORMAL WORKING HOURS MUST BE
REDUCED BY THE SAME AMOUNT IN OTHER WORDS TO HOURS DURING THE QUIET PERIODS
4HE EMPLOYER MUST PAY THE FARMWORKER THE WAGE HESHE WOULD HAVE RECEIVED FOR
HISHER NORMAL HOURS WORKED
)F HOURS HAVE BEEN EXTENDED AND NOT REDUCED AT A LATER STAGE THEN THE HOURS MUST
BE PAID AS OVERTIME
/6%24)-%
! FARMWORKER MAY NOT WORK n
s MORE THAN HOURS OVERTIME PER WEEK AND
s MORE THAN HOURS SPREAD OVER ON ANY DAY INCLUDING OVERTIME
/VERTIME IS PAID AT ONE AND A HALF TIME THE EMPLOYEES NORMAL WAGE OR AN
EMPLOYEE MAY AGREE TO TAKE PAID TIME OFF ON THE BASIS OF ONE AND A HALF HOURS OFF
FOR EVERY OVERTIME HOUR WORKED
$!),9 !.$ 7%%+,9 2%34 0%2)/$3
! FARMWORKER IS ENTITLED TO A DAILY REST PERIOD OF CONSECUTIVE HOURS HOURS
IN A ROW AND A WEEKLY REST PERIOD OF CONSECUTIVE HOURS WHICH MUST INCLUDE
3UNDAY UNLESS OTHERWISE AGREED
4HE DAILY REST PERIOD CAN BE REDUCED TO HOURS IF THE PARTIES AGREE AND IF THE
EMPLOYEE LIVES ON THE PREMISES AND TAKES A MEAL INTERVAL THAT LASTS FOR AT LEAST
HOURS
4HE WEEKLY REST PERIOD CAN BY AGREEMENT BE EXTENDED TO CONSECUTIVE HOURS EVERY
TWO WEEKS OR BE REDUCED TO HOURS IN ANY WEEK IF THE REST PERIOD IN THE FOLLOWING
WEEK IS ALSO EXTENDED
.)'(4 7/2+
s .IGHT WORK MEANS WORK PERFORMED AFTER PM AND BEFORE AM
s .IGHT WORK CAN ONLY HAPPEN IF THE FARMWORKER HAS AGREED TO THIS IN WRITING
4HE EMPLOYEE MUST BE COMPENSATED FOR NIGHT WORK BY AN ALLOWANCE OF AT LEAST
OF THE ORDINARY DAILY WAGE
-%!, ).4%26!,3
! FARMWORKER IS ENTITLED TO A ONE
HOUR BREAK FOR A MEAL AFTER FIVE HOURS WORK OF
CONTINUOUS WORK 4HE INTERVAL MAY BE REDUCED TO MINUTES BY AGREEMENT 7HEN
A SECOND MEAL INTERVAL IS REQUIRED BECAUSE OF OVERTIME WORKED IT MAY BE REDUCED
TO NOT LESS THAN MINUTES )F AN EMPLOYEE HAS TO WORK THROUGH HIS OR HER MEAL
INTERVAL THEN HESHE MUST BE PAID FOR THIS
7/2+ /. 35.$!93
&ARMWORKERS SHOULD BE PAID FOR WORK ON 3UNDAYS AS FOLLOWS
(/523 7/2+%$ 0!9-%.4
/NE HOUR OR LESS $OUBLE THE WAGE FOR ONE HOUR
,ONGER THAN ONE HOUR $OUBLE THE WAGE
BUT LESS THAN HOURS FOR THE TIME WORKED
,ONGER THAN TWO HOURS 4HE NORMAL DAILY WAGE
BUT LESS THAN HOURS
,ONGER THAN HOURS %ITHER
DOUBLE THE WAGE FOR THE HOURS WORKED OR
DOUBLE THE DAILY WAGE
WHICHEVER IS GREATER
! FARMWORKER WHO DOES NOT LIVE ON THE FARM AND WHO WORKS ON A 3UNDAY MUST
BE REGARDED AS HAVING WORKED AT LEAST TWO HOURS ON THAT DAY
05",)# (/,)$!93
&ARMWORKERS ARE ENTITLED TO ALL THE PUBLIC HOLIDAYS IN THE 0UBLIC (OLIDAYS !CT BUT
THE PARTIES CAN AGREE TO OTHER PUBLIC HOLIDAYS 7ORK ON A PUBLIC HOLIDAY IS VOLUNTARY
WHICH MEANS A FARMWORKER MAY NOT BE FORCED TO WORK
4HE OFFICIAL PUBLIC HOLIDAYS ARE .EW 9EARS $AY (UMAN 2IGHTS $AY 'OOD &RIDAY
&AMILY $AY &REEDOM $AY %MPLOYEES $AY 9OUTH $AY .ATIONAL 7OMANS $AY
(ERITAGE $AY $AY OF 2ECONCILIATION #HRISTMAS $AY $AY OF 'OODWILL
7HERE THE GOVERNMENT DECLARES AN OFFICIAL PUBLIC HOLIDAY AT ANY OTHER TIME THEN
THIS MUST BE GRANTED 4HE DAYS CAN BE EXCHANGED FOR ANY OTHER DAY BY AGREEMENT
)F THE EMPLOYEE WORKS ON A PUBLIC HOLIDAY HESHE MUST BE PAID DOUBLE THE NORMAL
DAILY WAGE
!..5!, ,%!6%
&ULL TIME FARMWORKERS ARE ENTITLED TO WEEKS LEAVE PER YEAR )F THE PARTIES AGREE
THEY CAN TAKE LEAVE AS FOLLOWS DAY FOR EVERY DAYS WORKED OR ONE HOUR FOR
EVERY HOURS WORKED
4HE LEAVE MUST BE GIVEN NOT LATER THAN MONTHS AFTER COMPLETING MONTHS OF
EMPLOYMENT WITH THE SAME EMPLOYER 4HE LEAVE MAY NOT BE GIVEN AT THE SAME TIME
AS SICK LEAVE NOR AT THE SAME TIME AS A PERIOD OF NOTICE TO TERMINATE WORK
3)#+ ,%!6%
$URING THE FIRST SIX MONTHS OF EMPLOYMENT AN EMPLOYEE IS ENTITLED TO ONE DAYS
PAID SICK LEAVE FOR EVERY DAYS WORKED
$URING A SICK LEAVE CYCLE OF MONTHS AN EMPLOYEE IS ENTITLED TO PAID SICK LEAVE
THAT IS EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING
A PERIOD OF WEEKS
4HE EMPLOYER DOES NOT HAVE TO PAY AN EMPLOYEE IF THE EMPLOYEE HAS BEEN ABSENT
FROM WORK n
s FOR MORE THAN TWO DAYS IN A ROW OR
s ON MORE THAN TWO OCCASIONS DURING AN
WEEK PERIOD
AND DOES NOT PRODUCE A MEDICAL CERTIFICATE STATING THAT HESHE WAS TOO SICK OR
INJURED TO WORK
-!4%2.)49 ,%!6%
! FARMWORKER IS ENTITLED TO UP TO CONSECUTIVE MONTHS MATERNITY LEAVE 4HE
EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE PERIOD FOR WHICH SHE IS OFF
WORK DUE TO HER PREGNANCY (OWEVER THE PARTIES MAY AGREE THAT THE EMPLOYEE WILL
RECEIVE PART OF HER WHOLE WAGE FOR THE TIME THAT SHE IS OFF AND THE MOTHER IS ABLE
TO CLAIM FROM THE 5)& FOR MATERNITY LEAVE BENEFITS
&!-),9 2%30/.3)"),)49 ,%!6%
%MPLOYEES WHO HAVE BEEN EMPLOYED FOR LONGER THAN MONTHS AND FOR AT LEAST
DAYS A WEEK ARE ENTITLED TO TAKE DAYS PAID FAMILY RESPONSIBILITY LEAVE DURING
EACH LEAVE CYCLE IN THE FOLLOWING CIRCUMSTANCES
s WHEN THE EMPLOYEES CHILD IS BORN OR
s WHEN THE EMPLOYEES CHILD IS SICK OR
s IF ONE OF THE FOLLOWING PEOPLE DIES THE EMPLOYEES HUSBAND WIFE LIFE PARTNER
PARENT ADOPTIVE PARENT GRANDPARENT CHILDADOPTED CHILD GRANDCHILD BROTHER
OR SISTER
$%$5#4)/.3 &2/- 4(% 2%-5.%2!4)/.
!N EMPLOYER IS NOT ALLOWED TO DEDUCT ANY MONIES FROM THE EMPLOYEES WAGES
WITHOUT HISHER WRITTEN PERMISSION
4HERE CAN BE A DEDUCTION OF NO MORE THAN FOR FOOD AND FOR ACCOMMODATION
WHERE THE FOOD AND ACCOMMODATION IS PROVIDED FREE OF CHARGE BY THE EMPLOYER AND
ON A REGULAR AND CONSISTENT BASIS
4HERE SHOULD ALSO BE NO DEDUCTION FOR ELECTRICITY WATER OR OTHER SERVICES )N
ADDITION THE HOUSE MUST HAVE A PROPER ROOF WHICH IS WATERPROOF )T MUST HAVE GLASS
WINDOWS THAT CAN BE OPENED ELECTRICITY SAFE WATER ON TAP INSIDE THE HOUSE OR NOT
FURTHER THAN METER FROM THE HOUSE AND A FLUSH TOILET OR PIT LATRINE INSIDE OR
CLOSE TO THE HOUSE
&ARMERS MAY NOT DEDUCT MONEY FROM WAGES FOR TRAINING PROVISION OF TOOLS OR
EQUIPMENT OR UNIFORMS
&ARMERS MAY ONLY DEDUCT MONEY FROM WAGES IF THIS IS FOR PAYMENT TO
s A FUNERALPENSION FUND
s A FINANCIAL INSTITUTION
s TRADE UNION FEES
/4(%2 )335%3
/THER ISSUES THAT ARE NOT DEALT WITH IN THE 3ECTORAL $ETERMINATION INCLUDE
s PROBATIONARY PERIODS
s RIGHT OF ENTRY TO THE EMPLOYERS PREMISES
s AFTERNOONS WEEKENDS OFF
s PENSION SCHEMES
s MEDIAL AID
s TRAININGSCHOOL FEES
s FUNERAL BENEFITSSAVING ACCOUNTS
4HESE CAN ALL BE NEGOTIATED BETWEEN THE PARTIES AND INCLUDED IN THE CONTRACT OF
EMPLOYMENT
02/()")4)/. /& %-0,/9-%.4
.O ONE UNDER THE AGE OF CAN BE REQUIRED OR PERMITTED TO WORK
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4
4HERE IS NO PROVISION WHICH PREVENTS OTHER CONDITIONS OF EMPLOYMENT BEING
INCLUDED IN A CONTRACT OF EMPLOYMENT BUT ANY NEW CONDITIONS MAY NOT BE LESS
FAVOURABLE THAN THOSE SET BY THE 3ECTORAL $ETERMINATION
'%.%2!, !$-).)342!4)6% 2%15)2%-%.43
4HE 3ECTORAL $ETERMINATION STATES THAT FARMERS MUST COMPLY WITH THE FOLLOWING
ADMINISTRATIVE PROCESSES
s PROVIDE EMPLOYEES WITH A PAY SLIP WHICH SHOULD BE KEPT FOR A PERIOD OF YEARS
s PROVIDE EMPLOYEES WITH AN EMPLOYMENT CONTRACT
3EE WWWLABOURGOVZA FOR MORE INFORMATION
./4%
&ARMWORKERS ARE ALSO COVERED BY THE ,ABOUR 2ELATIONS !CT AND HAVE A RIGHT
TO BELONG TO UNIONS AND TO ORGANISE WITH OTHER EMPLOYEES 5NION ORGANISERS HAVE
TO NEGOTIATE ACCESS ONTO THE FARMS WITH THE FARMERS )F THE FARMER REFUSES THE
MATTER CAN BE TAKEN UP WITH THE $EPARTMENT OF ,ABOUR OR THE #OMMISSION FOR
#ONCILIATION -EDIATION AND !RBITRATION ! UNION WHICH HAS APPROXIMATELY
OF EMPLOYEES IN AN ORGANISATION AS ITS MEMBERS IS ENTITLED TO HAVE ACCESS
TO THE FARM OR THE ESTABLISHMENT TO HOLD MEETINGS AND TO RUN UNION BUSINESS
)F THIS IS A PROBLEM THE MATTER CAN BE REFERRED TO THE ##-!
#/.42!#4 /& %-0,/9-%.4 &/2 &!2-7/2+%23
%8!-0,% &!2-7/2+%2 n #/.42!#4 /& %-0,/9-%.4
.AME OF EMPLOYER
!DDRESS OF EMPLOYER
.AME OF EMPLOYEE
#/--%.#%-%.4 /& %-0,/9-%.4
%MPLOYMENT STARTEDWILL START ON
AND CONTINUE UNTIL TERMINATED IN TERMS OF THIS CONTRACT
0,!#% /& 7/2+
*/" $%3#2)04)/.
*OB TITLE
$UTIES
(/523 /& 7/2+
.ORMAL WORKING HOURS WILL BE HOURS PER WEEK MADE UP AS FOLLOWS
-ONDAY4UESDAY7EDNESDAY 4HURSDAY &RIDAY AM TO PM
-EAL INTERVALS WILL BE FROM TO
/THER BREAKS
3ATURDAYS AM TO PM
-EAL INTERVALS WILL BE FROM TO
/THER BREAKS
3UNDAYS AM TO PM
-EAL INTERVALS WILL BE FROM TO
/THER BREAKS
(OURS OF WORK WILL BE EXTENDED BY NOT MORE THAN HOURS PER WEEK DURING
AND REDUCED BY THE SAME HOURS DURING
/VERTIME WILL BE WORKED AS AGREED FROM TIME TO TIME AND WILL BE PAID AT THE RATE OF ONE
AND A HALF TIMES OF THE TOTAL WAGE AS SET OUT IN CLAUSE AND OF THIS CONTRACT
7!'%
4HE EMPLOYEES WAGE SHALL BE PAID IN CASH ON THE LAST WORKING DAY OF EVERY WEEKMONTH
AND SHALL BE 2
4HE EMPLOYEE SHALL BE ENTITLED TO THE FOLLOWING
ALLOWANCESOTHER CASH PAYMENTS IN KIND
!CCOMMODATION PER WEEKMONTH TO THE VALUE OF 2
&OOD PER WEEKMONTH TO THE VALUE OF 2
4HE FOLLOWING DEDUCTIONS ARE AGREED UPON 2
2
4HE TOTAL VALUE OF THE ABOVE REMUNERATION SHALL BE 2
THE TOTAL OF CLAUSES TO n CHANGE OR DELETE CLAUSES AS NEEDED
4HE EMPLOYER SHALL REVIEW THE EMPLOYEES SALARYWAGE ON OR BEFORE -ARCH OF EVERY YEAR
4%2-).!4)/. /& %-0,/9-%.4
%ITHER PARTY CAN TERMINATE THIS AGREEMENT WITH ONE WEEKgS NOTICE DURING THE FIRST SIX MONTHS
OF EMPLOYMENT AND WITH FOUR WEEKS NOTICE THEREAFTER .OTICE MUST BE GIVEN IN WRITING
EXCEPT WHEN IT IS GIVEN BY AN ILLITERATE EMPLOYEE )N THE CASE WHERE THE EMPLOYEE IS ILLITERATE
NOTICE MUST BE EXPLAINED ORALLY BY OR ON BEHALF OF THE EMPLOYER
/N GIVING NOTICE THE EMPLOYER IS TO PROVIDE THE EMPLOYEE WHO RESIDES IN ACCOMMODATION
THAT BELONGS TO THE FARMER ACCOMMODATION FOR A PERIOD OF A MONTH 4HE EMPLOYER IS ALSO
OBLIGED TO ALLOW THE EMPLOYEE WHO HAS STANDING CROPS ON THE LAND A REASONABLE TIME TO
HARVEST THE CROP OR THE FARMER MAY PAY THE EMPLOYEE AN AGREED AMOUNT FOR THAT CROP
&!2-7/2+%23 n #/.42!#4 /& %-0,/9-%.4 CONTINUED
35.$!9 7/2+
!NY WORK ON 3UNDAY WILL BE BY AGREEMENT BETWEEN PARTIES AND WILL BE PAID ACCORDING TO
THE 3ECTORAL $ETERMINATION
05",)# (/,)$!93
!NY WORK ON HOLIDAYS WILL BE BY AGREEMENT AND WILL BE PAID ACCORDING TO THE 3ECTORAL
$ETERMINATION
!..5!, ,%!6%
4HE EMPLOYEE IS ENTITLED TO THREE WEEKS PAID LEAVE AFTER EVERY MONTHS OF CONTINUOUS
SERVICE 3UCH LEAVE IS TO BE TAKEN AT TIMES CONVENIENT TO THE EMPLOYER AND THE EMPLOYER
MAY REQUIRE THE EMPLOYEE TO TAKE HISHER LEAVE AT SUCH TIMES AS COINCIDE WITH THAT OF THE
EMPLOYER
3)#+ ,%!6%
$URING EVERY SICK LEAVE CYCLE OF MONTHS THE EMPLOYER WILL BE ENTITLED TO AN
AMOUNT OF PAID SICK LEAVE EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY
WORK DURING A PERIOD OF SIX WEEKS
$URING THE FIRST MONTHS OF EMPLOYMENT THE EMPLOYEE WILL BE ENTITLED TO ONE DAYS
PAID SICK LEAVE FOR EVERY DAYS WORKED
4HE EMPLOYEE IS TO NOTIFY THE EMPLOYER AS SOON AS POSSIBLE IN CASE OF HISHER ABSENCE
FROM WORK THROUGH ILLNESS
! MEDICAL CERTIFICATE IS REQUIRED IF ABSENT FOR MORE THAN CONSECUTIVE DAYS OR
IF ABSENT ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD
-!4%2.)49 ,%!6%
4ICK THE APPLICABLE CLAUSES IN THE SPACE PROVIDED
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE WITHOUT PAY /2
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE ON PAY
&!-),9 2%30/.3)"),)49 ,%!6%
4HE EMPLOYEE WILL BE ENTITLED TO THREE DAYS FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE
CYCLE IF HESHE WORKS ON AT LEAST DAYS A WEEK AND PROVIDED THE EMPLOYEE HAS BEEN
EMPLOYED FOR LONGER THAN FOUR MONTHS
!##/--/$!4)/.
4ICK THE APPROPRIATE BOX
4HE EMPLOYEE WILL BE PROVIDED WITH ACCOMMODATION FOR AS LONG AS THE EMPLOYEE IS
R IN THE SERVICE OF THE EMPLOYER WHICH SHALL FORM PART OF HISHER REMUNERATION PACKAGE
4HE ACCOMMODATION MAY ONLY BE OCCUPIED BY THE EMPLOYEE AND HISHER IMMEDIATE
R FAMILY UNLESS BY PRIOR ARRANGEMENT WITH THE EMPLOYER
0RIOR PERMISSION SHOULD BE OBTAINED FOR VISITORS WHO WISH TO STAY THE NIGHT (OWEVER
R WHERE MEMBERS OF THE EMPLOYEES DIRECT FAMILY ARE VISITING SUCH PERMISSION WILL NOT
BE NECESSARY
#,/4().'
DELETE WHICHEVER IS NOT APPLICABLE
SETS OF UNIFORMSPROTECTIVE CLOTHING
SETS OF BOOTS
WILL BE SUPPLIED TO THE EMPLOYEE FREE OF CHARGE BY THE EMPLOYER AND WILL REMAIN THE
PROPERTY OF THE EMPLOYER
&!2-7/2+%23 n #/.42!#4 /& %-0,/9-%.4 CONTINUED
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4 /2 "%.%&)43
'%.%2!,
!NY CHANGES TO THE WRITTEN CONTRACT WILL ONLY BE VALID IF AGREED BY BOTH PARTIES
%-0,/9%2
$ATE
%-0,/9%% 3IGNED IN ACKNOWLEDGEMENT OF RECEIPT
35--!29 /& 4(% 3%#4/2!,
$%4%2-).!4)/. &/2 $/-%34)# 7/2+%23
7ORKING CONDITIONS OF DOMESTIC WORKERS ARE REGULATED BY A SECTORAL DETERMINATION
AND THE ,ABOUR 2ELATIONS !CT 3EE PAGE 3ECTORAL $ETERMINATIONS
./4)#% 0%2)/$ !.$ 4%2-).!4)/. /& %-0,/9-%.4
!NY PARTY TO AN EMPLOYMENT CONTRACT MUST GIVE WRITTEN NOTICE EXCEPT WHEN
AN ILLITERATE EMPLOYEE GIVES IT AS FOLLOWS
s ONE WEEK n IF EMPLOYED FOR MONTHS OR LESS
s FOUR WEEKS n IF EMPLOYED FOR MORE THAN MONTHS
.OTICE MUST BE EXPLAINED VERBALLY BY OR ON BEHALF OF THE EMPLOYER TO A DOMESTIC
WORKER IF HESHE IS NOT ABLE TO UNDERSTAND IT
)F THE DOMESTIC WORKER LIVES IN ACCOMMODATION PROVIDED BY THE EMPLOYER THEN
THE EMPLOYER MUST GIVE HIMHER ONE MONTHS NOTICE TO LEAVE THE ACCOMMODATION
OR UNTIL THE CONTRACT OF EMPLOYMENT COULD LAWFULLY HAVE BEEN TERMINATED
!LL MONEY THAT IS OWING TO THE DOMESTIC WORKER FOR EXAMPLE WAGES ALLOWANCES PRO
RATA LEAVE AND PAID TIME
OFF NOT TAKEN MUST BE PAID
!N EMPLOYER WHO HAS TO DISMISS AN EMPLOYEE DUE TO A CHANGE IN HISHER ECONOMIC
TECHNOLOGICAL OR STRUCTURAL SET
UP CALLED OPERATIONAL REQUIREMENTS IN THE
DETERMINATION IS RESPONSIBLE FOR SEVERANCE PAY TO THE EMPLOYEE
02/#%$52% &/2 4%2-).!4).' %-0,/9-%.4
! DOMESTIC WORKERS CONTRACT OF EMPLOYMENT MAY NOT BE TERMINATED UNLESS A VALID
AND FAIR REASON EXISTS AND A FAIR PROCEDURE IS FOLLOWED )F AN EMPLOYEE IS DISMISSED
WITHOUT A VALID REASON OR WITHOUT A FAIR PROCEDURE THE EMPLOYEE CAN REFER THE CASE
TO THE ##-!
)F A DOMESTIC WORKER CANNOT RETURN TO WORK BECAUSE OF A DISABILITY THE EMPLOYER
MUST INVESTIGATE THE NATURE OF THE DISABILITY AND DECIDE WHETHER OR NOT IT IS
PERMANENT OR TEMPORARY 4HE EMPLOYER MUST TRY TO CHANGE OR ADAPT THE DUTIES
OF THE EMPLOYEE TO ACCOMMODATE THE EMPLOYEE AS FAR AS POSSIBLE "UT IF IT IS NOT
POSSIBLE FOR THE EMPLOYER TO CHANGE OR ADAPT THE DUTIES OF THE DOMESTIC WORKER
THEN THE EMPLOYER CAN TERMINATE HISHER SERVICES
4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES THAT MUST BE FOLLOWED WHEN
A PERSONS SERVICES ARE TERMINATED
7!'%2%-5.%2!4)/.0!9-%.4
!LL EMPLOYERS OF DOMESTIC WORKERS THROUGHOUT 3OUTH !FRICA HAVE TO PAY THEIR
EMPLOYEES A MINIMUM WAGE 4HERE ARE TWO RATES FOR THE MINIMUM WAGE WHICH ARE
BASED ON
s WHERE THE DOMESTIC WORKER WORKS
s THE NUMBER OF HOURS WORKED PER WEEK
7!'%3 !##/2$).' 4/ !2%!3
7AGES ARE PRESCRIBED FOR TWO AREAS !REA ! AND !REA " 4HESE AREAS ARE BASED ON
MUNICIPAL BOUNDARIES
!2%! !
"ERGRIVIER ,OCAL -UNICIPALITY "REEDERIVIER ,OCAL -UNICIPALITY "UFFALO #ITY ,OCAL
-UNICIPALITY #APE !GULHAS ,OCAL -UNICIPALITY #EDERBERG ,OCAL -UNICIPALITY #ITY
OF #APE 4OWN #ITY OF *OHANNESBURG -ETROPOLITAN -UNICIPALITY #ITY OF 4SHWANE
-ETROPOLITAN -UNICIPALITY $RAKENSTEIN ,OCAL -UNICIPALITY %KURHULEN -ETROPOLITAN
-UNICIPALITY %MALAHLENI ,OCAL -UNICIPALITY %MFULENI ,OCAL -UNICIPALITY %THEKWINI
-ETROPOLITAN 5NICITY 'AMAGARA ,OCAL -UNICIPALITY 'EORGE ,OCAL -UNICIPALITY
(IBISCUS #OAST ,OCAL -UNICIPALITY +AROO (OOGLAND ,OCAL -UNICIPALITY +GATELOPELE
,OCAL -UNICIPALITY +HARA (AIS ,OCAL -UNICIPALITY +NYSNA ,OCAL -UNICIPALITY
+UNGWINI ,OCAL -UNICIPALITY +OUGA ,OCAL -UNICIPALITY ,ANGEBERG ,OCAL -UNICIPALITY
,ESEDI ,OCAL -UNICIPALITY -AKANA ,OCAL -UNICIPALITY -ANGAUNG ,OCAL -UNICIPALITY
-ATZIKAMA ,OCAL -UNICIPALITY -ETSIMAHOLO ,OCAL -UNICIPALITY -IDDELBURG ,OCAL
-UNICIPALITY -IDVAAL ,OCAL -UNICIPALITY -NGENI ,OCAL -UNICIPALITY -OGALE ,OCAL
-UNICIPALITY -OSSELBAAI ,OCAL -UNICIPALITY -SUNDUZI ,OCAL -UNICIPALITY -TUBATU
,OCAL -UNICIPALITY .AMA +HOI ,OCAL -UNICIPALITY .ELSON -ANDELA .OKENG TSA
4AEMANE ,OCAL -UNICIPALITY /UDTSHOORN ,OCAL -UNICIPALITY /VERSTRAND ,OCAL
-UNICIPALITY 0LETTENBERGBAAI ,OCAL -UNICIPALITY 0OTCHEFSTROOM ,OCAL -UNICIPALITY
2ANDFONTEIN ,OCAL -UNICIPALITY 2ICHTERSVELD ,OCAL -UNICIPALITY 3ALDANHA "AY
,OCAL -UNICIPALITY 3OL 0LAATJIE ,OCAL -UNICIPALITY 3TELLENBOSCH ,OCAL -UNICIPALITY
3WARTLAND ,OCAL -UNICIPALITY 3WELLENDAM ,OCAL -UNICIPALITY 4HEEWATERSKLOOF
,OCAL -UNICIPALITY 5MDONI ,OCAL -UNICIPALITY U-HLATHUZE ,OCAL -UNICIPALITY AND
7ITZENBERG ,OCAL -UNICIPALITY
!2%! " n APPLIES TO THE REST OF 3OUTH !FRICA
7AGES WILL BE PAYABLE ACCORDING TO THE NUMBER OF HOURS WORKED PER WEEK
)F A DOMESTIC WORKER WORKS FOR ORDINARY OR LESS HOURS PER WEEK HESHE WILL
BE ENTITLED TO SLIGHTLY HIGHER WAGE 4HIS IS TO COMPENSATE THE EMPLOYEE AS HESHE
DOES NOT HAVE A FULL
TIME JOB
(/7 !2% 4(% 7!'%3 #!,#5,!4%$
!2%! !
4HESE ARE THE MINIMUM RATES FOR THE PERIOD $ECEMBER n .OVEMBER
WAGE RATES ARE ADJUSTED EVERY YEAR
)F AN EMPLOYEE WORKS ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS
2 PER HOUR 2 PER WEEK 2 PER MONTH
)F AN EMPLOYEE WORKS MORE THAN ORDINARY HOURS PER WEEK HISHER HOURLY WAGE IS
2 PER HOUR 2 PER WEEK 2 PER MONTH
!2%! "
)F AN EMPLOYEE WORKS ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY WAGE IS
2 PER HOUR 2 PER WEEK 2 PER MONTH
)F AN EMPLOYEE WORKS MORE THAN ORDINARY HOURS OR LESS PER WEEK HISHER HOURLY
WAGE IS 2 PER HOUR 2 PER WEEK 2 PER MONTH
'5!2!.4%%$ -).)-5- 2!4%
3OME DOMESTIC WORKERS MIGHT WORK LESS THAN HOURS PER DAY )F THIS IS THE CASE
HESHE SHOULD BE PAID FOR HOURS WORKED
!..5!, ).#2%!3%
7AGES WILL GO UP BY IN .OVEMBER OF EVERY YEAR 7AGE INCREASES ARE PUBLISHED
BY THE $EPARTMENT OF ,ABOUR
#!,#5,!4).' 4(% -).)-5- 7!'%3
%MPLOYERS WHO CANNOT AFFORD TO PAY THE MINIMUM WAGE CAN CHOOSE TO REDUCE
THE NUMBER OF HOURS TO BE WORKED INSTEAD OF RETRENCHING THE EMPLOYEE (OWEVER
IT IS AGAINST THE LAW TO PAY LESS THAN THE MINIMUM HOURLY RATE )F AN EMPLOYER PAYS
MORE THAN THE PRESCRIBED HOURLY RATE THEY CANNOT REDUCE THE RATE BECAUSE IT WILL
BE AN UNFAIR LABOUR PRACTICE
%8!-0,% #!,#5,!4).' ! $/-%34)# 7/2+%2g3 7!'%
3ARAH IS A DOMESTIC WORKER WHO WORKS HOURS A DAY FROM -ONDAY TO &RIDAY
FOR AN EMPLOYER WHO LIVES IN 3OWETO 7HAT IS THE MINIMUM RATE THAT 3ARAH CAN BE PAID
ACCORDING TO THE 3ECTORAL $ETERMINATION FOR DOMESTIC WORKERS
HOURS PER DAY X DAYS
HOURS WORKED PER WEEK
3HE MUST BE PAID AT THE RATE PRESCRIBED FOR !2%! !
HOURS PER WEEK X 2
RATE FOR !REA ! FOR AN EMPLOYEE WORKING MORE THAN HOURS PER WEEK
2 PER WEEK
!DDITIONAL PAYMENTS SUCH AS FOR OVERTIME OR WORK ON 3UNDAYS OR 0UBLIC HOLIDAYS
ARE CALCULATED FROM THE TOTAL REMUNERATION
42!.30/24 !,,/7!.#%
4HE 3ECTORAL $ETERMINATION DOES NOT REGULATE TRANSPORT SO IT IS OPEN TO NEGOTIATION
BETWEEN THE PARTIES
(/523 /& 7/2+
./2-!, (/523 %8#,5$).' /6%24)-%
! DOMESTIC WORKER CANNOT WORK MORE THAN
s HOURS PER WEEK
s HOURS PER DAY FOR A FIVE DAY WORK WEEK
s HOURS A DAY FOR A SIX DAY WORK WEEK
/6%24)-%
/VERTIME IS VOLUNTARY AND A DOMESTIC WORKER MAY NOT WORK
s MORE THAN HOURS OVERTIME PER WEEK AND
s MORE THAN HOURS ON ANY DAY INCLUDING OVERTIME
/VERTIME IS PAID AT ONE AND A HALF TIMES THE EMPLOYEES NORMAL WAGE OR AN
EMPLOYEE MAY AGREE TO TAKE PAID TIME OFF
$!),9 !.$ 7%%+,9 2%34 0%2)/$3
! DOMESTIC WORKER IS ENTITLED TO A DAILY REST PERIOD OF CONSECUTIVE HOURS HOURS
IN A ROW AND A WEEKLY REST PERIOD OF CONSECUTIVE HOURS WHICH MUST INCLUDE
3UNDAY UNLESS OTHERWISE AGREED
4HE DAILY REST PERIOD CAN BE REDUCED TO HOURS IF THE PARTIES AGREE AND IF THE
EMPLOYEE LIVES ON THE PREMISES AND TAKES A MEAL INTERVAL THAT LASTS FOR AT LEAST
HOURS
4HE WEEKLY REST PERIOD CAN BY AGREEMENT BE EXTENDED TO CONSECUTIVE HOURS EVERY
TWO WEEKS OR BE REDUCED TO HOURS IN ANY WEEK IF THE REST PERIOD IN THE FOLLOWING
WEEK IS ALSO EXTENDED
34!.$"9
3TANDBY MEANS ANY PERIOD BETWEEN PM AND AM WHEN A DOMESTIC WORKER
MIGHT NEED TO BE AT THE WORKPLACE AND IS ALLOWED TO REST OR SLEEP BUT MUST BE
AVAILABLE TO WORK IF NECESSARY
4HIS MAY ONLY BE DONE IF THE PARTIES HAVE AGREED IN WRITING AND NOT MORE THAN
TIMES PER MONTH !N ALLOWANCE OF AT LEAST 2 PER SHIFT MUST BE PAID FOR STANDBY
!N EMPLOYER MUST PAY A DOMESTIC WORKER FOR ANY TIME WORKED IN EXCESS OF THREE
HOURS DURING ANY PERIOD OF STAND
BY 4HE EMPLOYEE MUST BE PAID AT THE NORMAL
OVERTIME RATE OR GIVEN PAID TIME
OFF
.)'(4 7/2+
s .IGHT WORK MEANS WORK PERFORMED AFTER PM AND BEFORE AM
s .IGHT WORK IS ALLOWED ONLY IF THE DOMESTIC WORKER HAS AGREED TO THIS IN WRITING
4HE EMPLOYEE MUST BE COMPENSATED BY AN ALLOWANCE OF AT LEAST OF THE
ORDINARY DAILY WAGE
-%!, ).4%26!,3
! DOMESTIC WORKER IS ENTITLED TO A ONE
HOUR BREAK FOR A MEAL AFTER FIVE HOURS
CONTINUOUS WORK 4HE INTERVAL MAY BE REDUCED TO MINUTES BY AGREEMENT 7HEN
A SECOND MEAL INTERVAL IS REQUIRED BECAUSE OF OVERTIME WORKED IT MAY BE REDUCED
TO NOT LESS THAN MINUTES )F AN EMPLOYEE HAS TO WORK THROUGH HIS OR HER MEAL
INTERVAL THEN THEY MUST BE PAID FOR THIS
7/2+ /. 35.$!93
7ORK ON 3UNDAYS IS VOLUNTARY AND A DOMESTIC WORKER CANNOT BE FORCED TO WORK
ON A 3UNDAY
! DOMESTIC WORKER WHO WORKS ON A 3UNDAY MUST BE PAID DOUBLE THE DAILY WAGE
)F THE EMPLOYEE ORDINARILY WORKS ON A 3UNDAY HESHE SHOULD BE PAID ONE AND A HALF
TIMES THE WAGE FOR EVERY HOUR WORKED )F THE PARTIES AGREE THE EMPLOYEE CAN BE PAID
BY GIVING HERHIM TIME OFF OF ONE AND A HALF HOURS FOR EACH OVERTIME HOUR WORKED
05",)# (/,)$!93
$OMESTIC WORKERS ARE ENTITLED TO ALL THE PUBLIC HOLIDAYS IN THE 0UBLIC (OLIDAYS !CT
BUT THE PARTIES CAN AGREE TO OTHER PUBLIC HOLIDAYS 7ORK ON A PUBLIC HOLIDAY IS
VOLUNTARY WHICH MEANS A DOMESTIC WORKER MAY NOT BE FORCED TO WORK
4HE OFFICIAL PUBLIC HOLIDAYS ARE
.EW 9EARS DAY 9OUTH $AY
(UMAN RIGHTS DAY .ATIONAL 7OMANS $AY
'OOD &RIDAY (ERITAGE $AY
&AMILY $AY $AY OF 2ECONCILIATION
&REEDOM $AY #HRISTMAS $AY
%MPLOYEES $AY $AY OF 'OODWILL
7HERE THE GOVERNMENT DECLARES AN OFFICIAL PUBLIC HOLIDAY AT ANY OTHER TIME THEN
THIS MUST BE GRANTED 4HE DAYS CAN BE EXCHANGED FOR ANY OTHER DAY BY AGREEMENT
)F THE EMPLOYEE WORKS ON A PUBLIC HOLIDAY HESHE MUST BE PAID DOUBLE THE NORMAL
DAYgS WAGE
!..5!, ,%!6%
&ULL TIME DOMESTIC WORKERS ARE ENTITLED TO WEEKS LEAVE PER YEAR )F THE PARTIES
AGREE THEY CAN TAKE LEAVE AS FOLLOWS DAY FOR EVERY DAYS WORKED OR ONE HOUR
FOR EVERY HOURS WORKED
4HE LEAVE MUST BE GIVEN NOT LATER THAN MONTHS AFTER COMPLETING MONTHS OF
EMPLOYMENT WITH THE SAME EMPLOYER 4HE LEAVE MAY NOT BE GIVEN AT THE SAME TIME
AS SICK LEAVE NOR AT THE SAME TIME AS A PERIOD OF NOTICE TO TERMINATE WORK
3)#+ ,%!6%
$URING THE FIRST SIX MONTHS OF EMPLOYMENT AN EMPLOYEE IS ENTITLED TO ONE DAYS
PAID SICK LEAVE FOR EVERY DAYS WORKED
$URING A SICK LEAVE CYCLE OF MONTHS AN EMPLOYEE IS ENTITLED TO PAID SICK LEAVE
THAT IS EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY WORK DURING
A PERIOD OF WEEKS
4HE EMPLOYER DOES NOT HAVE TO PAY AN EMPLOYEE IF THE EMPLOYEE HAS BEEN ABSENT
FROM WORK
s FOR MORE THAN TWO DAYS IN A ROW OR
s ON MORE THAN TWO OCCASIONS DURING AN
WEEK PERIOD
AND DOES NOT PRODUCE A MEDICAL CERTIFICATE STATING THAT HESHE WAS TOO SICK
OR INJURED TO WORK 4HE CERTIFICATE CAN BE FROM A DOCTOR A TRADITIONAL HEALER OR
A QUALIFIED NURSE
-!4%2.)49 ,%!6%
! DOMESTIC WORKER IS ENTITLED TO UP TO CONSECUTIVE MONTHS MATERNITY LEAVE
4HE EMPLOYER DOES NOT HAVE TO PAY THE EMPLOYEE FOR THE PERIOD FOR WHICH SHE IS
OFF WORK DUE TO HER PREGNANCY (OWEVER THE PARTIES MAY AGREE THAT THE EMPLOYEE
WILL RECEIVE PART OF HER WHOLE WAGE FOR THE TIME THAT SHE IS OFF 4HE MOTHER CAN
ALSO CLAIM MATERNITY BENEFITS FROM 5)& FOR THE FULL FOUR MONTHS
&!-),9 2%30/.3)"),)49 ,%!6%
%MPLOYEES WHO HAVE BEEN EMPLOYED FOR LONGER THAN MONTHS AND FOR AT LEAST
DAYS A WEEK ARE ENTITLED TO TAKE DAYS PAID FAMILY RESPONSIBILITY LEAVE DURING
EACH LEAVE CYCLE IN THE FOLLOWING CIRCUMSTANCES
s WHEN THE EMPLOYEES CHILD IS BORN
s WHEN THE EMPLOYEES CHILD IS SICK
s IF ONE OF THE FOLLOWING PEOPLE DIES THE EMPLOYEES HUSBAND WIFE LIFE PARTNER
PARENT ADOPTIVE PARENT GRANDPARENT CHILDADOPTED CHILD GRANDCHILD BROTHER
OR SISTER
$%$5#4)/. &2/- 4(% 2%-5.%2!4)/.
!N EMPLOYER IS NOT ALLOWED TO DEDUCT ANY MONIES FROM THE EMPLOYEES WAGES
WITHOUT HISHER WRITTEN PERMISSION
4HERE CAN BE A DEDUCTION OF NO MORE THAN FOR ACCOMMODATION IF THE
ACCOMMODATION
s IS WEATHERPROOF AND GENERALLY KEPT IN GOOD CONDITION
s HAS AT LEAST ONE WINDOW AND DOOR WHICH CAN BE LOCKED
s HAS A TOILET AND BATH OR SHOWER IF THE DOMESTIC WORKER
DOES NOT HAVE ACCESS TO ANY OTHER BATHROOM
/4(%2 )335%3
/THER ISSUES THAT ARE NOT DEALT WITH THE 3ECTORAL $ETERMINATION INCLUDE
s PROBATIONARY PERIODS
s RIGHT OF ENTRY TO THE EMPLOYERS PREMISES
s AFTERNOONS WEEKENDS OFF
s PENSION SCHEMES
s MEDIAL AID
s TRAININGSCHOOL FEES
s FUNERAL BENEFITSSAVING ACCOUNTS
4HESE CAN ALL BE NEGOTIATED BETWEEN THE PARTIES AND INCLUDED IN THE CONTRACT
OF EMPLOYMENT
02/()")4)/. /& %-0,/9-%.4
.O ONE UNDER THE AGE OF CAN BE REQUIRED OR PERMITTED TO WORK
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4
4HERE IS NO PROVISION WHICH PREVENTS OTHER CONDITIONS OF EMPLOYMENT BEING
INCLUDED IN A CONTRACT OF EMPLOYMENT BUT ANY NEW CONDITIONS MAY NOT BE LESS
FAVOURABLE THAN THOSE SET BY THE 3ECTORAL $ETERMINATION
'%.%2!, !$-).)342!4)6% 2%15)2%-%.43
4HE 3ECTORAL $ETERMINATION STATES THAT EMPLOYERS MUST COMPLY WITH THE FOLLOWING
ADMINISTRATIVE PROCESSES
s 0ROVIDE EMPLOYEES WITH A WRITTEN CONTRACT OF EMPLOYMENT
s 0AYMENT MUST BE MADE IN A SEALED ENVELOPE BY CASH OR CHEQUE AND MUST
INCLUDE A DETAILED PAYSLIP 4HE EMPLOYER MUST KEEP COPIES OF THESE PAYSLIPS
FOR YEARS
3EE WWWLABOURGOVZA AND CLICK ON 3ECTORAL $ETERMINATION FOR DOMESTIC
EMPLOYEES FOR MORE INFORMATION
#/.42!#4 /&
%-0,/9-%.4 &/2 $/-%34)# 7/2+%23
%8!-0,% $/-%34)# 7/2+%2 n #/.42!#4 /& %-0,/9-%.4
.AME OF EMPLOYER
!DDRESS OF EMPLOYER
.AME OF EMPLOYEE
#/--%.#%-%.4 /& %-0,/9-%.4
%MPLOYMENT STARTEDWILL START ON
AND CONTINUE UNTIL TERMINATED IN TERMS OF THIS CONTRACT
0,!#% /& 7/2+
*/" $%3#2)04)/.
*OB TITLE
$UTIES
#ONTRACT CONTINUED OVERLEAF
$OMESTIC WORKER n #/.42!#4 /& %-0,/9-%.4 CONTINUED
(/523 /& 7/2+
.ORMAL WORKING HOURS WILL BE HOURS PER WEEK MADE UP AS FOLLOWS
-ONDAY4UESDAY7EDNESDAY 4HURSDAY &RIDAY AM TO PM
-EAL INTERVALS WILL BE FROM TO
/THER BREAKS
3ATURDAYS AM TO PM
-EAL INTERVALS WILL BE FROM TO
/THER BREAKS
3UNDAYS AM TO PM
-EAL INTERVALS WILL BE FROM TO
/THER BREAKS
(OURS OF WORK WILL BE EXTENDED WITH BY NOT MORE THAN HOURS PER WEEK DURING
AND REDUCED BY THE SAME HOURS DURING
/VERTIME WILL BE WORKED AS AGREED FROM TIME TO TIME AND WILL BE PAID AT THE RATE OF ONE
AND A HALF TIMES OF THE TOTAL WAGE AS SET OUT IN CLAUSES AND OF THIS CONTRACT
3TANDBY WILL ONLY BE DONE IF AGREED FROM TIME TO TIME WHEREBY AN ALLOWANCE OF AT LEAST
2 WILL BE PAID PER STANDBY SHIFT
7!'%
4HE EMPLOYEES WAGE SHALL BE PAID IN CASH ON THE LAST
WORKING DAY OF EVERY WEEKMONTH AND SHALL BE 2
4HE EMPLOYEE SHALL BE ENTITLED TO THE FOLLOWING
ALLOWANCESOTHER CASH PAYMENTS IN KIND
!CCOMMODATION PER WEEKMONTH TO THE VALUE OF 2
&OOD PER WEEKMONTH TO THE VALUE OF 2
4HE FOLLOWING DEDUCTIONS ARE AGREED UPON 2
2
4HE TOTAL VALUE OF THE ABOVE REMUNERATION SHALL BE 2
THE TOTAL OF CLAUSES TO n CHANGE OR DELETE CLAUSES AS NEEDED
4HE EMPLOYER SHALL REVIEW THE EMPLOYEES SALARYWAGE ON OR BEFORE .OVEMBER OF
EVERY YEAR
4%2-).!4)/. /& %-0,/9-%.4
%ITHER PARTY CAN TERMINATE THIS AGREEMENT WITH ONE WEEKgS NOTICE DURING THE FIRST SIX MONTHS
OF EMPLOYMENT AND WITH FOUR WEEKS NOTICE THEREAFTER .OTICE MUST BE GIVEN IN WRITING
EXCEPT WHEN IT IS GIVEN BY AN ILLITERATE EMPLOYEE )N THE CASE WHERE THE EMPLOYEE IS ILLITERATE
NOTICE MUST BE EXPLAINED ORALLY BY OR ON BEHALF OF THE EMPLOYER
/N GIVING NOTICE THE EMPLOYER IS TO PROVIDE THE EMPLOYEE WHO RESIDES IN ACCOMMODATION
THAT BELONGS TO THE EMPLOYER ACCOMMODATION FOR A PERIOD OF ONE MONTH
35.$!9 7/2+
!NY WORK ON 3UNDAY WILL BE BY AGREEMENT BETWEEN PARTIES AND WILL BE PAID ACCORDING TO THE
3ECTORAL $ETERMINATION
05",)# (/,)$!93
!NY WORK ON HOLIDAYS WILL BE BY AGREEMENT AND WILL BE PAID ACCORDING TO THE 3ECTORAL
$ETERMINATION
!..5!, ,%!6%
4HE EMPLOYEE IS ENTITLED TO THREE WEEKS PAID LEAVE AFTER EVERY MONTHS OF CONTINUOUS
SERVICE 3UCH LEAVE IS TO BE TAKEN AT TIMES CONVENIENT TO THE EMPLOYER AND THE EMPLOYER
MAY REQUIRE THE EMPLOYEE TO TAKE HISHER LEAVE AT SUCH TIMES AS COINCIDE WITH THAT OF THE
EMPLOYER
$OMESTIC WORKER n #/.42!#4 /& %-0,/9-%.4 CONTINUED
3)#+ ,%!6%
$URING EVERY SICK LEAVE CYCLE OF MONTHS THE EMPLOYER WILL BE ENTITLED TO AN
AMOUNT OF PAID SICK LEAVE EQUAL TO THE NUMBER OF DAYS THE EMPLOYEE WOULD NORMALLY
WORK DURING A PERIOD OF SIX WEEKS
$URING THE FIRST MONTHS OF EMPLOYMENT THE EMPLOYEE WILL BE ENTITLED TO ONE DAYS
PAID SICK LEAVE FOR EVERY DAYS WORKED
4HE EMPLOYEE IS TO NOTIFY THE EMPLOYER AS SOON AS POSSIBLE IN CASE OF HISHER ABSENCE
FROM WORK THROUGH ILLNESS
! MEDICAL CERTIFICATE IS REQUIRED IF ABSENT FOR MORE THAN CONSECUTIVE DAYS OR
IF ABSENT ON MORE THAN TWO OCCASIONS DURING AN WEEK PERIOD
-!4%2.)49 ,%!6%
4ICK THE APPLICABLE CLAUSES IN THE SPACE PROVIDED
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE WITHOUT PAY /2
R 4HE EMPLOYEE WILL BE ENTITLED TO MONTHS MATERNITY LEAVE ON PAY
&!-),9 2%30/.3)"),)49 ,%!6%
4HE EMPLOYEE WILL BE ENTITLED TO THREE DAYS FAMILY RESPONSIBILITY LEAVE DURING EACH LEAVE
CYCLE IF HESHE WORKS ON AT LEAST DAYS A WEEK
!##/--/$!4)/.
4ICK THE APPROPRIATE BOX
4HE EMPLOYEE WILL BE PROVIDED WITH ACCOMMODATION FOR AS LONG AS THE EMPLOYEE IS
R IN THE SERVICE OF THE EMPLOYER WHICH SHALL FORM PART OF HISHER REMUNERATION PACKAGE
4HE ACCOMMODATION MAY ONLY BE OCCUPIED BY THE EMPLOYEE AND HISHER IMMEDIATE
R FAMILY UNLESS BY PRIOR ARRANGEMENT WITH THE EMPLOYER
0RIOR PERMISSION SHOULD BE OBTAINED FOR VISITORS WHO WISH TO STAY THE NIGHT (OWEVER
R WHERE MEMBERS OF THE EMPLOYEES DIRECT FAMILY ARE VISITING SUCH PERMISSION WILL NOT
BE NECESSARY
#,/4().'
DELETE WHICHEVER IS NOT APPLICABLE
SETS OF UNIFORMSPROTECTIVE CLOTHING WILL BE SUPPLIED TO THE
EMPLOYEE FREE OF CHARGE BY THE EMPLOYER AND WILL REMAIN THE PROPERTY OF THE EMPLOYER
/4(%2 #/.$)4)/.3 /& %-0,/9-%.4 /2 "%.%&)43
'%.%2!,
!NY CHANGES TO THE WRITTEN CONTRACT WILL ONLY BE VALID IF AGREED BY BOTH PARTIES
%-0,/9%2
$ATE
%-0,/9%% 3IGNED IN ACKNOWLEDGEMENT OF RECEIPT
$EREGULATION
$EREGULATION MEANS REMOVING LAWS AND REGULATIONS SO THAT THERE IS LESS RESTRICTION
AND gRED
TAPEg FOR PEOPLE WHO WANT TO OPERATE IN AN AREA &OR EXAMPLE WHERE
AN INDUSTRY APPLIES FOR EXEMPTION FROM A "ARGAINING #OUNCIL !GREEMENT OR 7AGE
$ETERMINATION OR WHERE AREAS ARE DESIGNATED AS hINDUSTRIAL HIVES WHERE WAGE
REGULATING MEASURES DONT APPLY $EREGULATION CAN HAVE A POSITIVE EFFECT FOR
EXAMPLE THE LIFTING OF REGULATIONS THAT CONTROL THE GRANTING OF HAWKERSg LICENSES
SO THAT MORE PEOPLE CAN WORK AS HAWKERS OR STREET TRADERS BECAUSE THE LAWS
ABOUT GETTING A HAWKERgS LICENSE ARENgT SO STRICT $EREGULATION IS CONTROLLED BY
THE $EPARTMENT OF ,ABOUR WHOSE ROLE IS TO ENSURE THAT ANY FORM OF DEREGULATION
WILL NOT HAVE A NEGATIVE IMPACT ON PEOPLE IN THE WORKPLACE
/THER LAWS THAT APPLY TO
TERMS AND CONDITIONS IN THE WORKPLACE
%-0,/9-%.4 %15)49 !#4 %%!
4HE %MPLOYMENT %QUITY !CT .O OF AIMS TO CREATE AN ENVIRONMENT OF
EQUALITY AND NON
DISCRIMINATION IN THE WORKPLACE )T STATES GROUNDS FOR NON
DISCRIMINATION IN THE WORKPLACE INCLUDING
s 2ACE s $ISABILITY
s 'ENDER s 2ELIGION
s 3EX s #ONSCIENCE
s 0REGNANCY s "ELIEF
s -ARITAL STATUS s #ULTURE
s %THNIC ORIGIN s ,ANGUAGE
s 3OCIAL ORIGIN s "IRTH
s #OLOUR s &AMILY RESPONSIBILITY
s 3EXUAL ORIENTATION s ()6 STATUS
s !GE s 0OLITICAL OPINION
4HE %%! IS IMPORTANT BECAUSE IT INCLUDES THREE GROUNDS FOR NON
DISCRIMINATION
THAT ARE NOT INCLUDED IN THE #ONSTITUTION OR THE %QUALITY !CT FAMILY RESPONSIBILITY
()6 STATUS AND POLITICAL OPINION ! CASE CAN BE REFERRED TO THE ,ABOUR #OURT IF AN
EMPLOYEE BELIEVES THAT AN EMPLOYER IS DISCRIMINATING AGAINST HIM OR HER ON ANY OF
THESE GROUNDS IN ORDER TO
s DEMOTE OR NOT PROMOTE THE EMPLOYEE
s BLOCK THE EMPLOYEE FROM HAVING ACCESS TO TRAINING AND DEVELOPMENT
s MAKE AN UNFAIR DISTRIBUTION OF EMPLOYEE BENEFITS TO THE EMPLOYEE
4HE %%! ALSO SETS OUT REGULATIONS ON AFFIRMATIVE ACTION IN THE WORKPLACE TO CREATE
EQUAL OPPORTUNITIES FOR ALL EMPLOYEES AND FOR PEOPLE APPLYING FOR JOBS )T SAYS
THAT AN EMPLOYER WHO EMPLOYS OVER PEOPLE OR HAS A TURNOVER OF OVER A CERTAIN
AMOUNT MUST TAKE STEPS TO INCLUDE AND ADVANCE PREVIOUSLY DISADVANTAGED GROUPS
BLACK PEOPLE WOMEN AND THE DISABLED IN THEIR WORKFORCE 3O WHEN A COMPANY
MAKES NEW APPOINTMENTS OR PROMOTES STAFF IT MUST GIVE @PREFERENTIAL TREATMENT
TO PROPERLY QUALIFIED PEOPLE WHO ARE FROM ONE OF THESE PREVIOUSLY DISADVANTAGED
GROUPS )N OTHER WORDS FORMAL QUALIFICATIONS OR RELEVANT EXPERIENCE ARE NOT
THE ONLY REASONS FOR DECIDING WHETHER A PERSON IS SUITABLE FOR A JOB OR NOT
4HE %%! COVERS EVERYONE EXCEPT THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE 3!.$&
THE .ATIONAL )NTELLIGENCE !GENCY .)! AND 3ECRET 3ERVICES
4(% /##50!4)/.!, (%!,4( !.$ 3!&%49 !#4 /(3!
4HE /CCUPATIONAL (EALTH AND 3AFETY !CT .O OF GIVES EMPLOYEES SPECIFIC
RIGHTS IN HEALTH AND SAFETY AT WORK )T GIVES HEALTH AND SAFETY GUIDELINES
FOR THE WORKPLACE TO EMPLOYERS AND GIVES INSPECTORS WIDE POWERS TO ENSURE THAT
THESE ARE BEING IMPLEMENTED
&OR AN EASY GUIDE TO /(3! AND THE 2EGULATIONS SEE THE WEBSITE WWWLABOURGOV
ZADOCSLEGISLATIONOHSAOHSBOOKLETHTML
7(/ $/%3 4(% /(3! #/6%2
4HE !CT EXCLUDES EMPLOYEES IN MINES AND ON SHIPS WHERE OTHER LAWS APPLY 4HE
/(3! COVERS ALL OTHER EMPLOYEES INCLUDING FARMWORKERS DOMESTIC WORKERS AND
STATE EMPLOYEES
4(% %-0,/9%%3 $54)%3
%MPLOYEES MUST TAKE REASONABLE PRECAUTIONS OVER THEIR OWN HEALTH AND SAFETY AT
WORK 4HEY MUST FOLLOW PRECAUTIONS AND RULES ABOUT SAFETY AND HEALTH 4HEY MUST
REPORT ANY UNSAFE CIRCUMSTANCES OR ACCIDENT AS SOON AS POSSIBLE TO THE SAFETY
REPRESENTATIVE
!NYONE WHO ACTS IN A RECKLESS WAY OR DAMAGES ANY SAFETY MEASURES CAN BE CHARGED
AND A CLAIM FOR DAMAGES CAN BE BROUGHT AGAINST THEM
4(% %-0,/9%2g3 $54)%3
4HE EMPLOYER MUST MAKE SURE THAT THE WORKPLACE IS SAFE AND HEALTHY AND MUST NOT
ALLOW ANY EMPLOYEE TO DO WORK WHICH IS POTENTIALLY DANGEROUS 4HE EMPLOYEE MUST
KNOW WHAT THE DANGERS OF THE WORK ARE
4HE GENERAL DUTIES OF THE EMPLOYER ARE TO
s CHOOSE SAFETY REPRESENTATIVES
s CONSULT WITH THE EMPLOYEESg ORGANISATION ABOUT THE SAFETY REPRESENTATIVES
s INFORM EMPLOYEES OF THE DANGERS IN THE WORKPLACE
s REDUCE ANY DANGERS TO A MINIMUM BEFORE ISSUING PROTECTIVE CLOTHING
s ISSUE PROTECTIVE CLOTHING WHERE NECESSARY
s GIVE NECESSARY TRAINING TO EMPLOYEES WHO USE DANGEROUS MACHINES OR MATERIALS
TO MAKE SURE THEY KNOW THE SAFETY PRECAUTIONS
s PREVENT EMPLOYEES FROM USING OR WORKING WITH DANGEROUS MATERIALS OR MACHINES
UNLESS ALL THE NECESSARY SAFETY RULES HAVE BEEN FOLLOWED
s ENSURE THAT DANGEROUS MACHINES ARE IN GOOD WORKING ORDER AND ARE SAFE
TO WORK WITH
s MAKE SURE THAT DANGEROUS MACHINES CARRY WARNINGS AND NOTICES
s MAKE SURE THAT SOMEONE WHO KNOWS THE WORK IS SUPERVISING THE OPERATIONS
TO ENSURE THE SAFETY OF THE EMPLOYEES
s KEEP THE WORKPLACE OPEN SO THAT EMPLOYEES CAN ESCAPE FROM DANGER IF NECESSARY
s NOT MOVE ANY EVIDENCE OF AN ACCIDENT BEFORE AN INSPECTOR HAS GIVEN PERMISSION
UNLESS SOMEONE HAS BEEN BADLY INJURED AND NEEDS TREATMENT
4HE #HIEF )NSPECTOR CAN ASK ANY EMPLOYER FOR A REPORT OF THE SAFETY PRECAUTIONS
!N EMPLOYER CANNOT TAKE ACTION AGAINST ANY EMPLOYEES WHO DO THE FOLLOWING
s GIVE INFORMATION ABOUT THEIR CONDITIONS AT WORK OR THAT THE !CT SAYS THEY
HAVE TO GIVE
s GIVE EVIDENCE IN COURT
s RESPOND TO ANY REQUEST OF AN INSPECTOR
s REFUSE TO DO ANYTHING THAT IS AGAINST THE LAW
2%0/24).' !##)$%.43 /2 ).#)$%.43
4HE EMPLOYER MUST KEEP A REPORT OF ALL ACCIDENTS AND SAFETY OR HEALTH INCIDENTS
IN THE WORKPLACE 4HE EMPLOYER MUST REPORT CERTAIN ACCIDENTS OR INCIDENTS TO THE
SAFETY REPRESENTATIVE AND TO THE $EPARTMENT OF ,ABOUR
3!&%49 2%02%3%.4!4)6%3 !.$ 3!&%49 #/--)44%%3
4HE EMPLOYER MUST APPOINT ONE SAFETY REPRESENTATIVE FOR EVERY EMPLOYEES
4HERE MUST BE AT LEAST ONE REPRESENTATIVE FOR EVERY EMPLOYEES 4HE EMPLOYER
MUST EXPLAIN TO THE EMPLOYEESg ORGANISATION WHAT RESPONSIBILITIES THE SAFETY
REPRESENTATIVES WILL HAVE AND HOW THE REPRESENTATIVES WILL BE SELECTED
)N EVERY WORKPLACE WHERE THERE ARE TWO OR MORE SAFETY REPRESENTATIVES THERE MUST
ALSO BE A SAFETY COMMITTEE 4HIS COMMITTEE MUST MEET AT LEAST EVERY THREE MONTHS
4HE COMMITTEE MUST DEAL WITH ALL SAFETY AND HEALTH ISSUES THAT AFFECT EMPLOYEES
4HE SAFETY COMMITTEES HAVE CERTAIN FUNCTIONS AND POWERS 9OU CAN FIND OUT MORE
ABOUT THESE IN THE !CT OR BY CONTACTING THE $EPARTMENT OF ,ABOUR
%.&/2#%-%.4 /& 4(% /(3!
/(3! FALLS UNDER THE ADMINISTRATION OF THE $EPARTMENT OF ,ABOUR )NSPECTORS FROM
THE $EPARTMENT HAVE WIDE POWERS TO SEARCH THE WORKPLACE QUESTION PEOPLE ASK FOR
EXPLANATIONS FROM AN EMPLOYER AND SO ON
!N INSPECTOR CAN FINE A PERSON FOR BREAKING THE !CT )F THAT PERSON WANTS TO APPEAL
AGAINST THE INSPECTORgS DECISION THEY CAN APPEAL TO THE #HIEF )NSPECTOR 4HEY CAN
APPEAL AGAINST THE #HIEF )NSPECTORgS DECISION IN THE ,ABOUR #OURT
)F AN EMPLOYEE IS HURT AT WORK AS A RESULT OF THE EMPLOYER NOT FOLLOWING A SAFETY
REGULATION THEN THAT EMPLOYER CAN BE FINED UP TO 2 AND OR TWO YEARS IN
PRISON
4(% -%2#(!.4 3()00).' !#4
4HE -ERCHANT 3HIPPING !CT OF -3! SAYS THAT THE ,ABOUR 2ELATIONS
!CT AND THE 7AGE !CT APPLY TO ALL EMPLOYEES AT SEA )T SAYS THAT IF THERE IS
CONFLICT BETWEEN THE PROVISIONS OF THE -3! AND THE PROVISIONS OF A "ARGAINING
#OUNCIL !GREEMENT OR 7AGE $ETERMINATION THE PROVISIONS OF THE !GREEMENT OR
$ETERMINATION WILL APPLY
4HE -3! COVERS EMPLOYEES WHO ARE AT SEA WITHIN 3OUTH !FRICAS TERRITORIAL WATERS
)F EMPLOYEES AT SEA ARE OUTSIDE THE TERRITORIAL WATERS OF 3OUTH !FRICA THEN AN
!GREEMENT OR $ETERMINATION WILL APPLY TO THE FOLLOWING EMPLOYEES
s WHO ARE EMPLOYED ON A SHIP WHICH IS REGISTERED IN 3OUTH !FRICA
s WHO EVEN IF THE SHIP IS NOT REGISTERED IN 3OUTH !FRICA ARE EMPLOYED ON A SHIP
WHICH SPENDS ALL ITS TIME WORKING BETWEEN PORTS IN 3OUTH !FRICA
$ISPUTES AND WAYS OF SETTLING DISPUTES
7(!4 )3 ! $)3054%
! DISPUTE IS ANY SERIOUS DISAGREEMENT BETWEEN TWO PARTIES &OR EXAMPLE THERE
COULD BE A DISPUTE OVER A PROBLEM OF DISCIPLINE IN THE WORKPLACE OVER COMPLAINTS
ALSO CALLED gGRIEVANCESg WHICH EMPLOYEES HAVE OR OVER DISMISSALS 4HERE CAN ALSO BE
DISPUTES OVER WAGES AND OTHER WORKING CONDITIONS
3O THERE ARE DIFFERENT KINDS OF DISPUTES 9OU CAN HAVE A DISPUTE ABOUT MAKING NEW
RIGHTS FOR EXAMPLE EMPLOYEES WANTING TO GET PAID HIGHER WAGES OR THE EMPLOYER
BRINGING IN A NEW PENSION OR PROVIDENT FUND SCHEME THAT EMPLOYEES MUST BELONG
TO 4HESE DISPUTES ARE ALSO CALLED DISPUTES OF INTEREST 4HESE DISPUTES ARE OFTEN
HANDLED BY A UNION AND ARE THE SUBJECT OF NEGOTIATION AND POSSIBLE INDUSTRIAL
ACTION STRIKE ACTION WHERE AGREEMENT CANNOT BE REACHED 4HE ,ABOUR 2ELATIONS !CT
DESCRIBES STRUCTURES AND PROCESSES WHICH CAN BE USED TO RESOLVE DISPUTES OF INTEREST
4HE !CT ALSO GOVERNS THE PROCEDURES FOR TAKING INDUSTRIAL ACTION
4HERE ARE ALSO DISPUTES OVER RIGHTS WHICH ALREADY EXIST IN A CONTRACT A LAW AN
AGREEMENT OR IN CUSTOM AND PRACTICE 4HESE KINDS OF DISPUTES ARE CALLED DISPUTES OF
RIGHT 4HEY USUALLY INVOLVE AN UNFAIR DISMISSAL FOR EXAMPLE RETRENCHING EMPLOYEES
WITHOUT CONSULTING WITH THE EMPLOYEES OR UNFAIR DISCRIMINATION OR AN UNFAIR LABOUR
PRACTICE SUCH AS @REMOVAL OF BENEFITS 4HE ,ABOUR 2ELATIONS !CT SETS OUT HOW
DISPUTES OVER RIGHTS IN THE WORKPLACE MUST BE HANDLED AND THE %MPLOYMENT %QUITY
!CT SETS OUT HOW DISCRIMINATION WILL BE DEALT WITH IN THE WORKPLACE 3EE PAGE
,ABOUR 2ELATIONS !CT PAGE %MPLOYMENT %QUITY !CT
! DISPUTE OF RIGHT CAN ALSO HAPPEN WHEN AN EMPLOYER OR EMPLOYEE DOESNgT
OBEY A TERM OR CONDITION OF A WAGE REGULATING MEASURE FOR EXAMPLE THE "ASIC
#ONDITIONS OF %MPLOYMENT !CT A "ARGAINING #OUNCIL !GREEMENT OR OTHER
COLLECTIVE AGREEMENT 7AGE $ETERMINATION SECTORAL DETERMINATION OR A -INISTERIAL
EXEMPTION 3EE PAGE ,AWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT
%8!-0,% !N EXAMPLE OF A DISPUTE OF RIGHT IS WHERE AN EMPLOYER DOESNgT
PAY AN EMPLOYEE THE CORRECT LEAVE PAY %NFORCEMENT AND
DISPUTES ABOUT TERMS AND CONDITIONS OF EMPLOYMENT THAT FALL UNDER THESE LAWS SHOULD
BE DEALT WITH BY THE RELEVANT "ARGAINING #OUNCIL OR THE $EPARTMENT OF ,ABOUR
$)3054%3 /& ).4%2%34
4HE ,ABOUR 2ELATIONS !CT ,2! SETS OUT STRUCTURES AND PROCESSES WHICH CAN BE USED
TO RESOLVE DISPUTES OF INTEREST 4HE OUTCOME OF DISPUTES OF INTEREST WILL DEPEND ON
THE RELATIVE STRENGTH OF EMPLOYEES AND EMPLOYERS %ACH PARTY MAY USE DIFFERENT
STRATEGIES TO WIN WHAT THEY WANT
%MPLOYEES CAN TAKE INDUSTRIAL ACTION OVER DISPUTES OF INTEREST LIKE STRIKES WORK
STOPPAGES AND GO
SLOWS ONCE THEY HAVE COMPLIED WITH PRESCRIBED DISPUTE PROCEDURES
%MPLOYEES CANNOT STRIKE OVER DISPUTES OF RIGHTS UNDER THE ,2! EG UNFAIR LABOUR
PRACTICES AND UNFAIR DISMISSALS
4HE ,2! GOVERNS THE PROCEDURES THAT MUST BE FOLLOWED BEFORE INDUSTRIAL ACTION CAN
BE TAKEN BY EMPLOYEES OR BY THE EMPLOYER
$)3054%3 /& 2)'(4
7(%2% 4(%2% )3 ./ "!2'!).).' #/5.#),
)F IT IS A DISPUTE ABOUT ENFORCING A RIGHT UNDER THE "ASIC #ONDITIONS OF %MPLOYMENT
!CT "#%! COLLECTIVE AGREEMENT UNDER THE "#%! A SECTORAL DETERMINATION OR A
7AGE $ETERMINATION OR THE /CCUPATIONAL (EALTH AND 3AFETY !CT THEN A COMPLAINT
CAN BE SENT TO THE $EPARTMENT OF ,ABOUR
4HE COMPLAINT CAN INCLUDE A REQUEST FOR A @#OMPLIANCE ORDER WHICH IS ISSUED BY AN
INSPECTOR OF THE $EPARTMENT 3EE PAGE %NFORCEMENT OF THE "#%! PAGE
%NFORCEMENT OF A WORKPLACE
BASED COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF
A SECTORAL DETERMINATION PAGE %NFORCEMENT OF THE /(3!
)F IT IS A MATTER OF ENFORCING A RIGHT OR A DISPUTE OF RIGHTS UNDER THE ,ABOUR
2ELATIONS !CT ,2! FOR EXAMPLE AN ALLEGED UNFAIR DISMISSAL WHERE NO BARGAINING
COUNCIL EXISTS IN THAT SECTOR THEN THE MATTER SHOULD BE REFERRED TO THE #OMMISSION
FOR #ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION 3EE PAGE
3OLVING DISPUTES UNDER THE ,2!
)F CONCILIATION FAILS THEN REFER THE DISPUTE TO ARBITRATION WITHIN DAYS OF RECEIVING
THE CERTIFICATE OF FAILED CONCILIATION FROM THE ##-! 4HE ##-! WILL HEAR DISPUTES
OVER A "#%! ISSUE IF IT IS RELATED TO A MATTER WHICH IS BEING ARBITRATED BY THE ##-!
FOR EXAMPLE A CLAIM OF UNFAIR DISMISSAL IS BEFORE THE ##-! TOGETHER WITH A CLAIM
FOR UNPAID LEAVE PAY
7(%2% 4(%2% )3 ! "!2'!).).' #/5.#),
)F IT IS A DISPUTE OF RIGHTS UNDER A "ARGAINING #OUNCIL !GREEMENT THEN THE PROBLEM
SHOULD BE REFERRED TO THE "ARGAINING #OUNCIL FOR ENFORCEMENT OR CONCILIATION )F
CONCILIATION FAILS THEN REFER THE DISPUTE TO ARBITRATION WITHIN DAYS OF RECEIVING
THE CERTIFICATE OF FAILED CONCILIATION FROM THE "ARGAINING #OUNCIL
4(% ,!"/52 2%,!4)/.3 !#4 ,2!
4HE ,ABOUR 2ELATIONS !CT .O OF GOVERNS HOW EMPLOYERS AND EMPLOYEES
SHOULD DEAL WITH EACH OTHER )T IS NOT ABOUT TERMS AND CONDITIONS OF EMPLOYMENT
)T DEALS WITH RIGHTS OF INDIVIDUALS REGARDING FAIRNESS BARGAINING AND DISPUTE
RESOLUTION AND RIGHTS AND OBLIGATIONS OF TRADE UNIONS
7(/ )3 #/6%2%$ "9 4(% ,2!
%XCEPT FOR MEMBERS OF THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE .ATIONAL )NTELLIGENCE
!GENCY AND 3ECRET 3ERVICE ALL EMPLOYEES ARE COVERED BY THE ,2! 3O THIS INCLUDES
FARMWORKERS DOMESTIC WORKERS AND PUBLIC SECTOR EMPLOYEES SUCH AS TEACHERS
NURSES POLICE ETC WHO WORK FOR THE STATE
!N INDEPENDENT CONTRACTOR IS NOT DEFINED AS AN @EMPLOYEE AND IS THEREFORE
EXCLUDED FROM THE ,2! AND "#%! PROVISIONS
7(!4 $/%3 4(% ,2! #/6%2
4HE ,2! COVERS THINGS LIKE
s RIGHTS OF EMPLOYEES TO FORM AND JOIN A UNION
s RIGHTS OF EMPLOYERS TO FORM AND JOIN AN EMPLOYERSg ORGANISATION
s THE RIGHTS OF TRADE UNIONS IN THE WORKPLACE
s COLLECTIVE BARGAINING
s "ARGAINING #OUNCILS AND 3TATUTORY #OUNCILS
s THE ESTABLISHMENT OF WORKPLACE FORUMS WHICH ALLOW EMPLOYEES
TO PARTICIPATE IN MANAGEMENT DECISIONS AT WORK
s FAIR AND UNFAIR LABOUR PRACTICES
s PROCEDURES THAT MUST BE FOLLOWED FOR DISMISSALS TO BE FAIR
s DISPUTE RESOLUTION STRUCTURES AND PROCEDURES INCLUDING
THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION
s INDUSTRIAL ACTION
5.&!)2 ,!"/52 02!#4)#%3
4HE ,ABOUR 2ELATIONS !CT ,2! PROHIBITS UNFAIR LABOUR PRACTICES !N UNFAIR LABOUR
PRACTICE IS ANY UNFAIR ACT OR OMISSION AT THE WORKPLACE INVOLVING
s UNFAIR CONDUCT OF AN EMPLOYER RELATING TO THE PROMOTION OR DEMOTION OR
PROBATION OF AN EMPLOYEE
s UNFAIR CONDUCT RELATING TO THE PROVISION OF TRAINING OF AN EMPLOYEE
s UNFAIR CONDUCT RELATING TO THE PROVISION OF BENEFITS FOR EXAMPLE PENSION
MEDICAL AID ETC TO AN EMPLOYEE
s UNFAIR DISCIPLINARY ACTION AGAINST AN EMPLOYEE SHORT OF A DISMISSAL FOR EXAMPLE
A FINAL WRITTEN WARNING OR UNFAIR SUSPENSION
s THE REFUSAL TO REINSTATE OR RE
EMPLOY A FORMER EMPLOYEE IN TERMS OF ANY
AGREEMENT FOR EXAMPLE FOLLOWING A RETRENCHMENT
s AN OCCUPATIONAL SETBACK IN CONTRAVENTION OF THE 0ROTECTED $ISCLOSURES !CT
.O OF BECAUSE AN EMPLOYEE HAS MADE A PROTECTED DISCLOSURE DEFINED
IN THAT !CT &OR EXAMPLE AN EMPLOYEE IS DENIED OVERTIME BECAUSE HE MADE A
DISCLOSURE IN TERMS OF THE @$ISCLOSURE OF )NFORMATION !CT
2EFERENCES TO UNFAIR DISCRIMINATION AGAINST AN EMPLOYEE IN THE ,2! HAVE BEEN
TRANSFERRED TO THE %MPLOYMENT %QUITY !CT .O OF %%! SO @UNFAIR
DISCRIMINATION IN THE WORKPLACE IS NO LONGER DEFINED AS AN UNFAIR LABOUR PRACTICE IN
THE ,2! 4HE %%! LISTS THE GROUNDS FOR NON
DISCRIMINATION IN THE WORKPLACE AND
DESCRIBES THE STEPS THAT A PERSON CAN TAKE IF THEY BELIEVE THEY HAVE BEEN DISCRIMINATED
AGAINST ON ANY OF THE LISTED GROUNDS 3EE PAGE %MPLOYMENT %QUITY !CT
7(!4 34%03 #!. "% 4!+%.
)& !. 5.&!)2 ,!"/52 02!#4)#% )3 #/--)44%$
$ISPUTES OVER ALLEGED UNFAIR LABOUR PRACTICES MUST BE REFERRED WITHIN DAYS OF
THE ALLEGED UNFAIR LABOUR PRACTICE BEING COMMITTED OR OF THE EMPLOYEE BECOMING
AWARE OF THE 5NFAIR ,ABOUR 0RACTICE TO THE ##-! OR "ARGAINING #OUNCIL
3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
$ISMISSALS
7(!4 )3 ! $)3-)33!,
$ISMISSAL MEANS THAT
s !N EMPLOYER TERMINATES A CONTRACT OF EMPLOYMENT WITH OR WITHOUT NOTICE
n 7ITH NOTICE MEANS THE EMPLOYER TELLS THE EMPLOYEE TO LEAVE WORK AFTER WORKING
FOR THE REQUIRED TERM OF NOTICE AS PRESCRIBED IN THE CONTRACT OF EMPLOYMENT 4HE
EMPLOYEE GETS PAID FOR THE TIME HE OR SHE WORKED PLUS ANY LEAVE PAY IF THIS IS
OWING
n 7ITHOUT NOTICE MEANS THE EMPLOYEE LEAVES IMMEDIATELY AND IS PAID OUT INSTEAD
OF GETTING NOTICE CALLED PAYMENT IN LIEU OF NOTICE $ISMISSAL WITHOUT NOTICE IS
CALLED @3UMMARY $ISMISSAL 7HILST 3UMMARY $ISMISSAL MIGHT TAKE PLACE WHERE
AN EMPLOYEE IS GUILTY OF A VERY SERIOUS ACT FOR EXAMPLE THEFT IT WILL STILL BE
PROCEDURALLY UNFAIR IF A FAIR HEARING HAS NOT BEEN HELD BEFORE THE DISMISSAL
n 7HERE NOTICE IS TO BE PAID THE NOTICE PAY MUST BE WHAT IS PRESCRIBED AS NOTICE
IN THE CONTRACT OF EMPLOYMENT FOR EXAMPLE WEEKS PAY INSTEAD OF WEEKS
NOTICE 4HE PAYMENT MUST INCLUDE THE VALUE OF PAYMENT IN KIND IF THIS APPLIES TO
A PARTICULAR SECTOR %MPLOYEES MUST THEREFORE GET WAGES FOR THE HOURS WORKED
PLUS ANY LEAVE PAY PLUS PAYMENT IN LIEU OF NOTICE )F THE EMPLOYEE HAS BEEN
SUMMARILY DISMISSED WITH FAIR REASONS AND FOLLOWING A FAIR HEARING THIS MEANS
THE EMPLOYEE HAS TO LEAVE IMMEDIATELY AND THE EMPLOYER DOES NOT HAVE TO MAKE
ANY PAYMENT IN LIEU OF NOTICE
s ! CONTRACT EMPLOYEE WHOSE FIXED
TERM CONTRACT IS SUDDENLY ENDED OR RENEWED ON
LESS FAVOURABLE TERMS WHERE THE EMPLOYEE EXPECTED THE CONTRACT TO BE RENEWED
BECAUSE IT HAS OFTEN BEEN RENEWED BEFORE OR BECAUSE AN EXPECTATION EXISTS THAT
THE EMPLOYMENT WILL BE ONGOING
s A WOMAN WHO IS NOT TAKEN BACK INTO HER JOB AFTER HER MATERNITY LEAVE
s !N EMPLOYER DISMISSES A NUMBER OF EMPLOYEES FOR SOME REASON FOR EXAMPLE
FOR BEING ON STRIKE AND OFFERS TO RE
EMPLOY ONE OR MORE BUT NOT ALL
s !N EMPLOYEE WHO WAS FORCED TO WALK OUT OR RESIGN BECAUSE THE EMPLOYER MADE
THE WORKING ENVIRONMENT IMPOSSIBLE TO TOLERATE
s 4HE EMPLOYEE LEAVES HISHER WORK WITH NOTICE OR WITHOUT NOTICE BECAUSE A NEW
EMPLOYER HAS TAKEN OVER THE BUSINESS AND IS NOT PAYING THE EMPLOYEE THE SAME
WAGES AND CONDITIONS OF EMPLOYMENT ARE NOT THE SAME AS HESHE ENJOYED BEFORE
s %MPLOYEES HAVE BEEN RETRENCHED 4HE EMPLOYER MUST PAY THE EMPLOYEE
SEVERANCE PAY OF AT LEAST WEEKgS REMUNERATION FOR EVERY FULL YEAR THAT THE
EMPLOYEE WORKED FOR THE EMPLOYER 4HE PAYMENT MUST INCLUDE THE VALUE OF
PAYMENT IN KIND 3O THE EMPLOYEE MUST GET WAGES FOR THE HOURS WORKED PLUS
ANY LEAVE PAY PLUS NOTICE OR PAYMENT IN LIEU OF NOTICE PLUS SEVERANCE PAY
%MPLOYEES IN THESE CIRCUMSTANCES ARE ENTITLED TO FAIR DISMISSAL REASONS AND FAIR
DISMISSAL PROCEDURES UNDER THE ,2! !N EMPLOYEE COULD CLAIM UNFAIR DISMISSAL
THROUGH THE ##-! OR RELEVANT "ARGAINING #OUNCIL
!54/-!4)#!,,9 5.&!)2 $)3-)33!,3
4HE ,2! DEFINES CERTAIN DISMISSALS AS @AUTOMATICALLY UNFAIR !N AUTOMATICALLY UNFAIR
DISMISSAL MUST BE REFERRED TO THE ##-! OR "ARGAINING #OUNCIL FOR CONCILIATION )F
THE DISPUTE IS NOT RESOLVED AT CONCILIATION THEN THE MATTER AUTOMATICALLY GOES TO THE
,ABOUR #OURT FOR ADJUDICATION 4HE FOLLOWING REASONS FOR DISMISSAL ARE INVALID AND
ANY DISMISSAL WILL BE REGARDED AS gAUTOMATICALLY UNFAIRg IF THE EMPLOYEE IS DISMISSED
FOR
s EXERCISING ANY OF THE RIGHTS GIVEN BY THE ,2! OR PARTICIPATING IN PROCEEDINGS
IN TERMS OF THE !CT
s TAKING PART IN LAWFUL UNION ACTIVITIES
s TAKING PART IN A LEGAL STRIKE OR OTHER INDUSTRIAL ACTION OR PROTEST ACTION
s REFUSING TO DO THE WORK OF SOMEONE WHO WAS ON STRIKE
s BEING PREGNANT OR ANY REASON RELATED TO PREGNANCY
s REFUSING TO ACCEPT A CHANGE IN WORKING CONDITIONS
s REASONS THAT ARE DUE TO ARBITRARY DISCRIMINATION EXCEPT THAT AN EMPLOYER MAY
RETIRE SOMEONE WHO HAS REACHED THE NORMAL OR AGREED RETIREMENT AGE OR IF THE
REASON IS BASED ON AN INHERENT REQUIREMENT OF THE JOB FOR EXAMPLE BEING ABLE
TO SPEAK A CERTAIN LANGUAGE IN ORDER TO DO THE JOB PROPERLY
s A REASON RELATED TO A TRANSFER FOLLOWING A MERGER OF THE COMPANY WITH ANOTHER
ORGANISATION
s WHERE THE EMPLOYEE IS DISMISSED FOLLOWING A DISCLOSURE MADE BY HIM IN TERMS
OF THE $ISCLOSURE OF )NFORMATION !CT
7(%. )3 ! $)3-)33!, &!)2 /2 5.&!)2
4HE ,2! HAS A #ODE OF 'OOD 0RACTICE FOR $ISMISSALS THAT EMPLOYERS MUST FOLLOW
4HE gFAIRNESSg OF DISMISSAL IS DECIDED IN TWO WAYS n SUBSTANTIVE FAIRNESS AND
PROCEDURAL FAIRNESS
)3 ! $)3-)33!, 5.&!)2
%-0,/9%2 (!3 $)3-)33%$ /2
7!.43 4/ $)3-)33 !. %-0,/9%%
)3 4(%2% 3%2)/53 7!3 4(%2%
-)3#/.$5#4 ! &!)2 (%!2).'
3EE PAGE $ISMISSAL FOR 9%3 3EE PAGE $ISMISSAL FOR ./
MISCONDUCT ON FAIR REASONS MISCONDUCT ON FAIR PROCEDURE
$)3-)33!, 7),, "% 5.&!)2
./
)3 4(% %MPLOYEE 7!3 4(%2% ! #(!.#%
).#/-0%4%.4 4/ )-02/6% !.$
4/ $/ 4(% */" ! &!)2 (%!2).'
9%3 ./
3EE PAGE $ISMISSAL FOR 3EE PAGE $ISMISSAL FOR
INCAPACITY ON FAIR REASONS INCAPACITY ON FAIR PROCEDURE
./
)3 4(%2% ! .%%$ &/2 (!3 4(% %-0,/9%2
2%42%.#(-%.4 s TRIED TO AVOID RETRENCHING
3EE PAGE 2ETRENCHMENT 9%3 s CONSULTED THE EMPLOYEES ./
OR REDUNDANCY DISMISSAL s GIVEN FAIR NOTICE
ON FAIR REASONS s APPLIED LAST
IN
FIRST
OUT
./ 3EE PAGE 2ETRENCHMENT
OR REDUNDANCY DISMISSAL
ON FAIR PROCEDURE
$)3-)33!,
7),, "% 5.&!)2
35"34!.4)6% &!)2.%33
7AS THERE A gFAIRg REASON TO DISMISS THE EMPLOYEE
7AS DISMISSAL APPROPRIATE UNDER THE CIRCUMSTANCES
4HE EMPLOYER MUST HAVE A PROPER AND FAIR REASON FOR DISMISSING THE EMPLOYEE
! gFAIRg REASON CAN BE ONE OF THESE
s MISCONDUCT n THE EMPLOYEE HAS DONE SOMETHING SERIOUSLY WRONG AND CAN BE
BLAMED FOR THE MISCONDUCT 3EE PAGE $ISMISSAL FOR MISCONDUCT
s INCAPACITY n THIS INCLUDES POOR PERFORMANCE WHERE THE EMPLOYEE DOES NOT DO THE
JOB PROPERLY OR THE EMPLOYEE IS UNABLE TO DO THE JOB DUE TO ILLNESS OR DISABILITY
3EE PAGE $ISMISSAL FOR INCAPACITY
s RETRENCHMENT OR REDUNDANCY n THE EMPLOYER IS CUTTING DOWN ON STAFF OR
RESTRUCTURING THE WORK AND WORK OF A PARTICULAR KIND HAS CHANGED
3EE PAGE 2ETRENCHMENT
4HE EMPLOYER MUST HAVE A PROPER AND FAIR REASON FOR DISMISSING THE EMPLOYEE !
gFAIRg REASON CAN BE ONE OF THESE
s MISCONDUCT n THE EMPLOYEE HAS DONE SOMETHING SERIOUSLY WRONG AND CAN BE
BLAMED FOR THE MISCONDUCT 3EE PAGE $ISMISSAL FOR MISCONDUCT
s INCAPACITY n THIS INCLUDES POOR PERFORMANCE WHERE THE EMPLOYEE DOES NOT DO THE
JOB PROPERLY OR THE EMPLOYEE IS UNABLE TO DO THE JOB DUE TO ILLNESS OR DISABILITY
3EE PAGE $ISMISSAL FOR INCAPACITY
s RETRENCHMENT OR REDUNDANCY n THE EMPLOYER IS CUTTING DOWN ON STAFF OR
RESTRUCTURING THE WORK AND WORK OF A PARTICULAR KIND HAS CHANGED 3EE PAGE
2ETRENCHMENT
02/#%$52!, &!)2.%33
7AS A FAIR PROCEDURE FOLLOWED BEFORE THE EMPLOYEE WAS DISMISSED
4HE EMPLOYEE MUST ALWAYS HAVE A FAIR HEARING BEFORE BEING DISMISSED )N OTHER
WORDS THE EMPLOYEE MUST ALWAYS GET A CHANCE TO GIVE HIS OR HER SIDE OF THE STORY
BEFORE THE EMPLOYER DECIDES ON DISMISSAL
)F AN EMPLOYEE FEELS A DISMISSAL WAS UNFAIR EITHER SUBSTANTIVELY OR PROCEDURALLY
THEN THIS CAN BE REFERRED TO THE ##-! FOR CONCILIATION
3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK
(OW TO APPLY
FOR REINSTATEMENT OR COMPENSATION PAGE 0ROBLEM %MPLOYEE IS DISMISSED FOR
BEING DRUNK ON DUTY WITH NO PREVIOUS RECORD OF DRUNKENNESS
$)3-)33!, &/2 -)3#/.$5#4
&!)2 2%!3/.3
%MPLOYERS ARE ENCOURAGED TO ADOPT CLEAR RULES OF CONDUCT THAT ARE KNOWN TO ALL
EMPLOYEES 3OME RULES MAY BE SO WELL ESTABLISHED OR OBVIOUS THAT EVERYONE CAN BE
EXPECTED TO KNOW THEM FOR EXAMPLE THAT VIOLENCE AT WORK IS NOT ACCEPTABLE
$ISMISSALS FOR MISCONDUCT WILL ONLY BE FAIR IF
s THE EMPLOYEE BROKE A RULE OF CONDUCT IN THE WORKPLACE
s THE RULE WAS REASONABLE AND NECESSARY
s THE EMPLOYEE KNEW OF THE RULE OR SHOULD HAVE KNOWN OF THE RULE
s THE EMPLOYER APPLIED THE RULE CONSISTENTLY THERE ARE NO OTHER EMPLOYEES
WHO HAVE BEEN ALLOWED TO GET AWAY WITH THIS MISCONDUCT
s IT IS APPROPRIATE TO DISMISS THE EMPLOYEE FOR THIS REASON RATHER THAN TAKING LESS
SERIOUS DISCIPLINARY ACTION OR IMPOSING A LESSER PENALTY SUCH AS A FINAL WARNING
#ORRECTIVE OR PROGRESSIVE DISCIPLINE MUST BE USED FOR MISCONDUCT 4HE AIM OF
CORRECTIVE DISCIPLINE IS TO CORRECT THE EMPLOYEE AND HELP HIM OR HER OVERCOME
THE PROBLEM 0ROGRESSIVE DISCIPLINE CAN GET STRONGER EVERY TIME THE EMPLOYEE
REPEATS THE MISCONDUCT
%MPLOYEES SHOULD NOT BE DISMISSED FOR A FIRST OFFENCE UNLESS IT IS VERY SERIOUS
SUCH AS GROSS INSUBORDINATION OR DISHONESTY INTENTIONAL DAMAGE TO THE EMPLOYERgS
PROPERTY PUTTING OTHERSg SAFETY AT RISK OR PHYSICAL ASSAULT OF A CO
EMPLOYEE
%MPLOYEES CAN BE DISMISSED FOR MISCONDUCT IF THEY GO ON STRIKE WITHOUT FOLLOWING
THE PROCEDURES 4HE EMPLOYER SHOULD CONTACT A TRADE UNION OFFICIAL AND TELL THE
OFFICIAL OF THE PLANNED DISMISSALS AND TRY TO GIVE EMPLOYEES AN ULTIMATUM WITH
ENOUGH TIME TO CONSIDER THE ULTIMATUM
"EFORE DECIDING TO DISMISS THE EMPLOYEE FOR MISCONDUCT THE EMPLOYER MUST
CONSIDER
s THE EMPLOYEEgS CIRCUMSTANCES FOR EXAMPLE LENGTH OF SERVICE
PREVIOUS DISCIPLINARY RECORD PERSONAL CIRCUMSTANCES
s THE NATURE OF THE JOB
s THE CIRCUMSTANCES IN WHICH THE MISCONDUCT TOOK PLACE
&!)2 02/#%$52%3
%MPLOYERS MUST KEEP RECORDS FOR EACH EMPLOYEE WHICH SAY WHAT OFFENCES AN
EMPLOYEE COMMITTED WHAT DISCIPLINARY ACTION WAS TAKEN AND WHY THE ACTION WAS
TAKEN
)F THERE IS REPEATED MISCONDUCT THE EMPLOYER MUST GIVE THE EMPLOYEE WARNINGS
! FINAL WARNING FOR REPEATED MISCONDUCT OR SERIOUS MISCONDUCT MUST BE GIVEN IN
WRITING
4HERE MUST BE A FAIR HEARING
s )F THE EMPLOYEE IS A SHOP STEWARD THE EMPLOYER MUST FIRST INFORM OR CONSULT
THE UNION BEFORE THE DISCIPLINARY HEARING
s 4HE EMPLOYEE MUST KNOW IN ADVANCE WHAT THE CHARGES ARE AGAINST HIM OR HER
s 4HE EMPLOYEE MUST BE GIVEN ENOUGH TIME TO PREPARE FOR A HEARING
APPROXIMATELY OR WORKING DAYS
s 4HE EMPLOYEE MUST BE PRESENT AT THE HEARING AND BE ALLOWED TO STATE HIS OR HER
CASE
s 4HE EMPLOYEE MUST BE ALLOWED TO BE REPRESENTED AT THE HEARING BY A SHOP
STEWARD
OR CO
EMPLOYEE OF HISHER CHOICE
s 4HE EMPLOYEE MUST BE ALLOWED TO SEE DOCUMENTS AND CROSS
EXAMINE EVIDENCE
USED AGAINST HIM OR HER
s 4HE EMPLOYER SHOULD BRING ALL WITNESSES AGAINST THE EMPLOYEE TO THE HEARING
4HE EMPLOYEE SHOULD HAVE A CHANCE TO CROSS
EXAMINE WITNESSES CALLED AGAINST
HIM OR HER
s 4HE EMPLOYEE SHOULD BE ALLOWED TO CALL WITNESSES
s 4HE EMPLOYEE MUST BE GIVEN REASONS FOR ANY DECISIONS TAKEN
s 4HE #HAIRPERSON OF THE HEARING SHOULD NOT BE BIASED AGAINST THE EMPLOYEE
CHARGED WITH MISCONDUCT
3OMETIMES IF THE EMPLOYER HAS ONLY A VERY SMALL BUSINESS SHE OR HE WILL NOT BE
EXPECTED TO MEET ALL THESE REQUIREMENTS AS FORMALLY AS WOULD A LARGER ORGANISATION
$)3-)33!, &/2 ).#!0!#)49
&!)2 2%!3/.3
! DISMISSAL FOR INCAPACITY CAN BE FOR
s POOR WORK PERFORMANCE
s PHYSICAL DISABILITY OR ILL HEALTH
s INCOMPATIBILITY OR WHERE THE EMPLOYEE IS UNSUITABLE TO CONTINUE IN THE POSITION
7HEN DECIDING WHETHER A DISMISSAL FOR INCAPACITY WAS FAIR OR NOT THE FOLLOWING
MUST BE CONSIDERED
s WHETHER THE EMPLOYEE FAILED TO WORK TO A REQUIRED STANDARD
s WHETHER THE EMPLOYEE WAS AWARE OF THE STANDARD
s WHETHER THE EMPLOYEE WAS GIVEN A FAIR CHANCE TO MEET THE STANDARD
s WHETHER DISMISSAL IS THE APPROPRIATE OUTCOME FOR FAILING TO MEET THE STANDARD
s WHETHER THE INCAPACITY IS SERIOUS AND WHAT THE LIKELIHOOD IS OF AN IMPROVEMENT
s WHETHER THE EMPLOYEE COULD BE ACCOMMODATED IN AN ALTERNATIVE POSITION
SHOULD ONE BE AVAILABLE
&!)2 02/#%$52%3
$ISMISSALS FOR POOR PERFORMANCE WILL ONLY BE FAIR IF THE EMPLOYER
s HAS GIVEN THE EMPLOYEE PROPER TRAINING INSTRUCTIONS EVALUATION GUIDANCE
AND ADVICE
s ASSESSED THE EMPLOYEEgS PERFORMANCE OVER A REASONABLE PERIOD OF TIME
s INVESTIGATED THE REASONS FOR CONTINUED POOR PERFORMANCE
s INVESTIGATED WAYS OF SOLVING THE PROBLEM WITHOUT RESORTING TO DISMISSAL
s GAVE THE EMPLOYEE A CHANCE TO BE HEARD BEFORE DECIDING TO DISMISS
s CONSIDERED EMPLOYING THE EMPLOYEE IN AN ALTERNATE AND APPROPRIATE POSITION
SHOULD ONE BE AVAILABLE
$ISMISSALS FOR TEMPORARYPERMANENT ILL HEALTH OR DISABILITY WILL ONLY BE FAIR
IF THE EMPLOYER
s INVESTIGATED THE DEGREE AND DURATION OF THE INJURY OR INCAPACITY
s CONSIDERED WAYS OF AVOIDING DISMISSAL FOR EXAMPLE GETTING A TEMPORARY EMPLOYEE
UNTIL THE SICK EMPLOYEE IS BETTER
s TRIED TO FIND ALTERNATIVE WORK FOR THE EMPLOYEE TO DO
s TRIED TO ADAPT THE WORK SO THAT THE EMPLOYEE COULD STILL DO IT
s GAVE THE EMPLOYEE A CHANCE TO BE HEARD BEFORE DECIDING TO DISMISS
(OW BADLY ILL OR DISABLED THE EMPLOYEE IS DEGREE OF INCAPACITY AND FOR HOW LONG
HE OR SHE IS LIKELY TO REMAIN ILL OR DISABLED DURATION OF INCAPACITY AS WELL AS THE
REASON FOR THE INCAPACITY WILL BE CONSIDERED WHEN DECIDING WHETHER THE DISMISSAL IS
FAIR OR NOT -ORE EFFORT IS EXPECTED OF THE EMPLOYER IF THE EMPLOYEE WAS INJURED OR
GOT SICK BECAUSE OF THEIR WORK 3EE PAGE 0ROBLEM %MPLOYEE IS INJURED ON
DUTY AND LOSES THE JOB
2%42%.#(-%.4 /2 2%$5.$!.#9 $)3-)33!,
&!)2 2%!3/.3
!N EMPLOYER IS ALLOWED TO RETRENCH EMPLOYEES FOR gOPERATIONAL REQUIREMENTSg BASED
ON THE EMPLOYERgS gECONOMIC TECHNOLOGICAL STRUCTURAL OR SIMILAR NEEDSg
%8!-0,%3
%#/./-)# 2%!3/.
4HE EMPLOYER SAYS THE BUSINESS IS LOSING MONEY
4%#(./,/')#!, 2%!3/.3
4HE EMPLOYER IS GETTING A MACHINE TO DO WORK THAT EMPLOYEES DID BY HAND BEFORE
OR THE EMPLOYERgS NEW MACHINES NEED DIFFERENT SKILLS TO OPERATE THEM THAN
THE EXISTING EMPLOYEESg SKILLS
3425#452!, 2%!3/.
4HE EMPLOYER IS RESTRUCTURING THE BUSINESS BY COMBINING TWO DEPARTMENTS
SO HAS NOT FURTHER NEED FOR TWO (EADS OF $EPARTMENTS
&!)2 02/#%$52%3
7HEN AN EMPLOYER CONSIDERS RETRENCHMENT HE OR SHE MUST CONSULT
s WHOEVER A COLLECTIVE AGREEMENT SAYS MUST BE CONSULTED OR IF NONE EXISTS
s THE WORKPLACE FORUM OR IF NONE EXISTS
s THE UNION OR IF NONE EXISTS
s THE EMPLOYEES THEMSELVES
4HE EMPLOYER MUST ISSUE A WRITTEN NOTICE INVITING THE OTHER PARTY TO CONSULT WITH
IT AND MAKE ALL THE RELEVANT INFORMATION AVAILABLE IN WRITING AT THE CONSULTATIONS
INCLUDING
s REASONS FOR RETRENCHMENT
s ALTERNATIVES CONSIDERED INCLUDING REDEPLOYMENT
s NUMBER OF EMPLOYEES TO BE RETRENCHED
s HOW IT WILL BE DECIDED WHICH EMPLOYEES TO RETRENCH
s WHEN THE DISMISSALS WILL TAKE PLACE
s SEVERANCE PAY
s WHAT OTHER HELP THE EMPLOYER WILL GIVE TO THE EMPLOYEES WHO WILL BE RETRENCHED
s POSSIBILITIES OF FUTURE RE
EMPLOYMENT FOR THESE EMPLOYEES
s NUMBER OF EMPLOYEES EMPLOYED BY THE EMPLOYER
s NUMBER OF EMPLOYEES THE EMPLOYER HAS RETRENCHED DURING THE PAST MONTHS
4HE EMPLOYEES THE EMPLOYER IS CONSULTING WITH MUST BE ALLOWED TO HAVE THEIR SAY
AND MAKE SUGGESTIONS ON ANY OF THESE ISSUES )F THE EMPLOYER REJECTS WHAT THEY
SAY HE OR SHE MUST GIVE REASONS IN WRITING IF THE EMPLOYEES HAVE SUBMITTED THEIR
REPRESENTATIONS IN WRITING
4HE CONSULTATION PROCESS IS A @JOINT CONSENSUS SEEKING PROCESS )N OTHER WORDS THE
PARTIES TRY AND REACH AN AGREEMENT ON THE DIFFERENT ISSUES SUCH AS
s WHETHER RETRENCHMENT IS JUSTIFIED AND WAYS TO AVOID RETRENCHMENTS
s WAYS TO REDUCE THE NUMBER OF PEOPLE RETRENCHED
s WAYS TO LIMIT THE HARSH EFFECTS OF RETRENCHMENT
s THE METHOD AND CRITERIA FOR SELECTING EMPLOYEES TO BE RETRENCHED IF THERE
IS NO AGREEMENT THE EMPLOYER MUST USE FAIR AND OBJECTIVE CRITERIA
s SEVERANCE PAY EMPLOYEES CAN NEGOTIATE FOR HIGHER SEVERANCE PAY THAN
THE ,2! PRESCRIBES WHICH IS WEEKgS PAY FOR EVERY YEAR OF SERVICE
)F EMPLOYEES AND THE EMPLOYER CANNOT AGREE DISPUTES OVER THE PROCEDURES FOR
RETRENCHMENT CAN BE REFERRED TO THE ##-! FOR CONCILIATION AND THEREAFTER THE
,ABOUR #OURT )F THE RETRENCHMENT INVOLVES A SINGLE EMPLOYEE THE EMPLOYEE CAN
CHALLENGE THE FAIRNESS OF THE DISMISSAL AT THE ##-! RATHER THAN THE ,ABOUR #OURT
IF HE OR SHE WISHES ! DISPUTE ABOUT THE AMOUNT OF SEVERANCE PAY IS FINALISED AT
THE ##-! BY ARBITRATION
3ECTION ! OF THE ,ABOUR 2ELATIONS !CT HAS SPECIAL PROVISIONS FOR RETRENCHMENTS
IN COMPANIES THAT EMPLOY MORE THAN FIFTY EMPLOYEES 4HE PROVISIONS CAN BE USED
BY PARTIES IF BOTH AGREE TO THIS TO HELP THEM REACH AN AGREEMENT 4HE PROVISIONS
ALLOW FOR AN OUTSIDE FACILITATOR TO HELP FACILITATE THE PROCESS AND THE RIGHT TO STRIKE
OVER RETRENCHMENTS AS A FINAL RESORT 3EE PAGE 0ROBLEM 2ETRENCHMENT
7(!4 34%03 #!. "% 4!+%.
)& 4(%2% )3 !. 5.&!)2 $)3-)33!,
)F AN EMPLOYEE THINKS THAT THE DISMISSAL WAS UNFAIR IN OTHER WORDS THAT THE
EMPLOYER DIDNgT FOLLOW FAIR PROCEDURES OR THERE IS NOT A gGOOD REASONg FOR THE
DISMISSAL THEN THE EMPLOYEE CAN TRY TO CHALLENGE THE DISMISSAL )F A DISMISSAL IS
FOUND TO BE UNFAIR THE EMPLOYEE WILL BE ABLE TO GET REINSTATED OR RE
EMPLOYED
OR GET COMPENSATION MONEY
2EINSTATEMENT MEANS THE EMPLOYEE GETS THE JOB BACK AS IF SHE OR HE WAS NEVER
DISMISSED 2E
EMPLOYMENT MEANS THE EMPLOYEE GETS THE JOB BACK BUT STARTS LIKE
A NEW EMPLOYEE
4HE EMPLOYEE IS LIKELY TO GET COMPENSATION IF
s THE EMPLOYEE DOES NOT WANT THE JOB BACK
s THE CIRCUMSTANCES SURROUNDING THE DISMISSAL WOULD MAKE THE RELATIONSHIP
BETWEEN EMPLOYEE AND EMPLOYER INTOLERABLE
s IT IS NOT REASONABLY PRACTICAL FOR THE EMPLOYER TO TAKE THE EMPLOYEE BACK
s THE DISMISSAL IS UNFAIR MERELY BECAUSE THE EMPLOYER FAILED TO COMPLY WITH A FAIR
PROCEDURE BUT THERE WAS A GOOD REASON FOR DISMISSAL PROCEDURAL OR SUBSTANTIVE
UNFAIRNESS
4HE EMPLOYEE CAN GET UP TO MONTHSg WAGES AS COMPENSATION FOR AN UNFAIR
DISMISSAL )F IT WAS AN AUTOMATICALLY UNFAIR DISMISSAL THE EMPLOYEE COULD GET UP TO
MONTHSg WAGES AS COMPENSATION
4HE ,ABOUR 2ELATIONS !CT SETS OUT THE PROCEDURES TO BE FOLLOWED TO RESOLVE
DISPUTES OVER UNFAIR LABOUR PRACTICES AND UNFAIR DISMISSALS 4HE STEPS ARE SUMMARISED
BELOW 4HIS SECTION LOOKS IN DETAIL AT CONCILIATION ARBITRATION AND ADJUDICATION
3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY
FOR REINSTATEMENT OR COMPENSATION PAGE 0ROBLEM %MPLOYEE IS DISMISSED FOR
BEING DRUNK ON DUTY WITH NO PREVIOUS RECORD OF DRUNKENNESS
3OLVING DISPUTES UNDER THE ,2!
#/.#),)!4)/. "9 4(% ##-! /2 "!2'!).).' #/5.#),
#ONCILIATION IS A PROCESS TO BRING THE TWO SIDES IN A DISPUTE TOGETHER AFTER THEY HAVE
REACHED A DEADLOCK )N CONCILIATION AN INDEPENDENT AND NEUTRAL THIRD PARTY IS USED
TO MEDIATE BETWEEN THE TWO SIDES 5NDER THE ,ABOUR 2ELATIONS !CT THE CONCILIATOR
MEDIATOR IS A COMMISSIONER FROM THE ##-! OR "ARGAINING #OUNCIL
(/7 4/ 2%&%2 4(% $)3054% 4/ 4(% 2)'(4 "/$9
&IND OUT WHETHER THERE IS A "ARGAINING #OUNCIL COVERING THE SECTOR THAT THE
EMPLOYEE WORKS IN )F THERE IS A "ARGAINING #OUNCIL PHONE THAT #OUNCIL AND
FIND OUT THE STEPS YOU SHOULD TAKE TO REFER THE MATTER FOR CONCILIATION )F THERE
IS NO "ARGAINING #OUNCIL THE DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR
#ONCILIATION -EDIATION AND !RBITRATION ##-! FOR CONCILIATION $O THE FOLLOWING
s &ILL IN FORM ,2!
s 3END A COPY OF THE FORM TO THE EMPLOYER BY FAX REGISTERED MAIL OR PERSONAL
DELIVERY
s 3END A COPY TO THE ##-! BY FAX REGISTERED MAIL OR PERSONAL DELIVERY
!TTACH PROOF THAT YOU HAVE SENT A COPY TO THE EMPLOYER FOR EXAMPLE A FAX
TRANSMISSION SLIP REGISTERED MAIL SLIP OR AFFIDAVIT CONFIRMING PERSONAL DELIVERY
OF FORM ,2!
)F YOU DO NOT WANT CONCILIATION AND ARBITRATION TO TAKE PLACE ON THE SAME DAY WITH
THE SAME COMMISSIONER YOU MUST NOTE THIS IN THE APPROPRIATE SPACE ON THE DISPUTE
FORM 3EE PAGE ,2! &ORM
!00,9).' &/2 #/.$/.!4)/. )& 4(% 2%&%22!, )3 ,!4%
)F MORE THAN DAYS HAVE PASSED SINCE THE DISMISSAL OR DAYS IF IT IS AN UNFAIR
LABOUR PRACTICE TOOK PLACE YOU WILL HAVE TO APPLY FOR CONDONATION WHICH IS LIKE
AN EXTENSION OF THE DEADLINE )F A "ARGAINING #OUNCIL WILL DEAL WITH THE MATTER ASK
THE #OUNCIL HOW TO APPLY FOR CONDONATION )F THE ##-! WILL DEAL WITH THE MATTER
YOU CAN APPLY FOR CONDONATION IN FORM ,2! OR THE ##-! WILL ASK YOU TO FILL IN
CONDONATION FORMS IF YOU DIDNgT DO IT ON FORM ,2!
34%03 4/ 2%3/,6% ! ,!"/52 $)3054% 5.$%2 4(% ,2!
2%&%2 !. 5.&!)2 ,!"/52 2%&%2 !. 5.&!)2 $)3-)33!,
02!#4)#% &/2 #/.#),)!4)/. &/2 #/.#),)!,)/.
4/ ! "!2'!).).' #/5.#), 4/ ! "!2'!).).' #/5.#),
)& /.% %8)343 /2 ##-! 7)4(). )& /.% %8)343 /2 ##-!
$!93 /& 4(% $!4% x 7)4(). $!93 /&
s ON WHICH THE UNFAIR LABOUR #/-0,%4)/. /&
PRACTICE TOOK PLACE /2 ).4%2.!, $)3#)0,).!29
s WHEN THE EMPLOYEE BECAME 02/#%$52%3
AWARE OF THE PRACTICE
)& 4(% $)3054% )3 )& 4(% $)3054% )3 ./4 3%44,%$ 4(2/5'( #/.#),)!4)/.
3%44,%$ 4(2/5'( 2EFER THE CASE WITHIN DAYS TO ARBITRATION WITH THE "# OR ##-! FOR UNFAIR
#/.#),)!4)/. DISMISSAL AND 5,0 OR GO TO THE ,ABOUR #OURT DEPENDING ON THE TYPE
-AKE SURE OF DISPUTE OR TAKE INDUSTRIAL ACTION
THE AGREEMENT IS
RECORDED IN WRITING AND
THAT IT IS UNDERSTOOD
BY BOTH PARTIES !$*5$)#!4)/. 7)4( ).$5342)!, !#4)/.
!2")42!4)/. 7)4(
4(% ,!"/52 #/524 #!. ./4 "% 4!+%.
4(% "# /2 ##-!
)F THE DISPUTE INVOLVES s IF THERE IS AN
)F THE DISPUTE INVOLVES
s AUTOMATICALLY UNFAIR AGREEMENT BETWEEN
s DISMISSAL FOR EMPLOYEES AND EMPLOYER
DISMISSAL FOR EXAMPLE
MISCONDUCT OR INCAPACITY WHICH ALREADY HAS
FOR PREGNANCY OR
s UNFAIR RETRENCHMENT REFUSING TO OBEY A DECISION ABOUT THE
OF AN INDIVIDUAL AN ILLEGAL ORDER ISSUE OR SAYS THAT
SUCH DISPUTES MUST BE
s UNFAIR LABOUR PRACTICE s ARBITRARY AND UNFAIR
&OLLOW UP REFERRED FOR ARBITRATION
NOT INVOLVING ARBITRARY DISCRIMINATION
TO MAKE SURE OR PROHIBITS
DISCRIMINATION LIKE
THE AGREEMENT IS s DISMISSAL INDUSTRIAL ACTION
IMPLEMENTED SEVERANCE PAY FOR OPERATIONAL s IF THE ,2! SAYS
UNFAIR DISCIPLINARY REQUIREMENTS FOR SUCH DISPUTES MUST
ACTION EXAMPLE RETRENCHMENTS BE REFERRED FOR
ORGANISING RIGHTS s RIGHT TO JOIN ARBITRATION
LIKE UNION ACCESS A TRADE UNION STRIKE s IF EMPLOYEES ARE
TO WORKPLACE AND PICKET ENGAGED IN
AN ESSENTIAL SERVICE
).$5342)!, !#4)/.
)& !'2%%-%.4 )N CERTAIN CASES 7AIT DAYS
)3 ./4 )-0,%-%.4%$ YOU CAN APPLY WITHIN FROM REFERRING
!PPLY TO WEEKS FOR A REVIEW THE DISPUTE TO ##-!
THE ,ABOUR #OURT ,!"/52 #/524 !00%!, ). ,!"/52
FOR A COURT ORDER 7AIT FOR
2%6)%7 !00%!, #/524 THE UNSUCCESSFUL
CONCILIATION CERTIFICATE
FROM ##-!
'IVE HOURS WRITTEN
NOTICE TO EMPLOYER
#ONDONATION MAY BE GRANTED IF YOU ARE ABLE TO GIVE GOOD REASONS FOR BEING LATE
WITH THE APPLICATION 7HEN YOU APPLY FOR CONDONATION YOU SHOULD FOCUS ON THE
FOLLOWING
s @DEGREE OF LATENESS OF YOUR APPLICATION HOW MANY DAYSWEEKSMONTHS LATE IS IT
s THE PREJUDICE TO THE PARTIES
s THE LIKELIHOOD OF SUCCESS OF YOUR CASE
s THE MEASURE OF @PUBLIC INTEREST THAT APPLIES IF YOUR CASE GOES AHEAD
ONLY IF THIS IS APPROPRIATE
!PPLICATION FOR CONDONATION MUST BE IN THE FORM OF AN AFFIDAVIT
3EE PAGE !FFIDAVITS
4(% #/.#),)!4)/. -%%4).'
4HE COMMISSIONER WILL ARRANGE A VENUE AND TIME FOR THE CONCILIATION AND WILL
INFORM BOTH PARTIES !T THE CONCILIATION MEETING THE COMMISSIONER MEETS WITH
THE TWO PARTIES TO THE DISPUTE TO FIND WAYS TO SETTLE THE DISPUTE TO EVERYONEgS
SATISFACTION 4HE MEETING IS CONDUCTED IN AN INFORMAL WAY AND THE COMMISSIONER
CAN MEET THE PARTIES TOGETHER OR SEPARATELY AS OFTEN AS IS NEEDED 4HE COMMISSIONER
HAS THE POWER TO SUBPOENA ANY PERSON TO ATTEND THE MEETING
4HE COMMISSIONER MUST TRY TO RESOLVE THE DISPUTE WITHIN DAYS OF IT BEING REFERRED
TO THE ##-! OR "ARGAINING #OUNCIL 4HE EMPLOYEES AND EMPLOYER ARE FREE TO AGREE
TO ANY SOLUTION TO SETTLE THE DISPUTE AT A CONCILIATION MEETING
! CERTIFICATE WILL BE ISSUED BY THE COMMISSIONER AT THE END OF THE MEETING TO SAY
WHETHER THE DISPUTE HAS BEEN SETTLED OR NOT
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$
%-0,/9%23 ). ! #/.#),)!4)/. -%%4).'
%MPLOYEES CAN BE REPRESENTED BY A CO
EMPLOYEE OR A TRADE UNION OFFICE BEARER OR
OFFICIAL )F THE DISPUTE DOES NOT CONCERN ALLEGED UNFAIR DISMISSAL FOR MISCONDUCT OR
INCAPACITY EITHER PARTY CAN BE REPRESENTED BY A LAWYER
4HE EMPLOYER CAN BE REPRESENTED BY AN EMPLOYEE OF THE BUSINESS LIKE THE (UMAN
2ESOURCES -ANAGER OR BY A REPRESENTATIVE OF AN EMPLOYERSg ORGANISATION BUT NOT
A LAWYER IF THE MATTER CONCERNS MISCONDUCT OR INCAPACITY DISMISSAL
35##%33&5, #/.#),)!4)/.
)F THE CONCILIATION IS SUCCESSFUL AN AGREEMENT IS REACHED WHICH BOTH PARTIES MUST
FOLLOW )F THEY DO THE MATTER IS RESOLVED AND ENDS HERE
7(!4 (!00%.3 )& 4(% #/.#),)!4)/. !'2%%-%.4
)3 ./4 #/-0,)%$ 7)4(
)F EITHER PARTY BREAKS THE AGREEMENT THE OTHER PARTY MAY APPLY TO THE ,ABOUR #OURT
TO HAVE THE AGREEMENT MADE INTO A COURT ORDER 4HESE ARE THE STEPS TO FOLLOW
s /BTAIN THE APPLICATION FORMS FROM THE 2EGISTRAR OF THE #OURT AND FILL THEM IN
s !TTACH A COPY OF THE AGREEMENT AND AN AFFIDAVIT TO THE APPLICATION 4HE AFFIDAVIT
MUST STATE
n WHEN THE DISPUTE WAS REFERRED FOR CONCILIATION
n WHEN THE CONCILIATION MEETING WAS HELD
n WHEN THE AGREEMENT WAS MADE
n WHAT HAPPENED AFTER THE AGREEMENT WAS MADE
n WHETHER DEMANDS HAVE BEEN MADE
n WHETHER THE EMPLOYEE HAS KEPT HIS OR HER PART OF THE AGREEMENT
s 3ERVE THE APPLICATION ON THE EMPLOYER
s &ILE THE APPLICATION AND PROOF THAT YOU HAVE SERVED NOTICE ON THE EMPLOYER
WITH THE 2EGISTRAR OF THE #OURT
5.35##%33&5, #/.#),)!4)/.
)F THE TWO PARTIES CANNOT REACH AN AGREEMENT OR THE EMPLOYER REFUSES TO ATTEND
THE CONCILIATION MEETING THE COMMISSIONER WILL ISSUE A CERTIFICATE STATING THAT THE
MATTER HAS NOT BEEN RESOLVED 4HE CERTIFICATE WILL BE SENT TO BOTH PARTIES BY THE
COMMISSIONERgS OFFICE %ITHER PARTY CAN THEN REFER THE MATTER FOR ARBITRATION TO THE
##-! OR ADJUDICATION AT THE ,ABOUR #OURT DEPENDING ON THE NATURE OF THE DISPUTE
$ISPUTES OVER THESE MATTERS ARE REFERRED TO THE ##-! OR "ARGAINING #OUNCIL
FOR ARBITRATION
s UNFAIR LABOUR PRACTICES THAT DO NOT INVOLVE DISCRIMINATION
s DISMISSALS FOR ACTS OF MISCONDUCT THE EMPLOYER SAYS THE EMPLOYEE DID SOMETHING
WRONG
s DISMISSALS FOR INCAPACITY THE EMPLOYER SAYS THE EMPLOYEE CANgT DO THE WORK
PROPERLY
s SEVERANCE PAY
s DISPUTES CONCERNING ORGANISATIONAL RIGHTS FOR A TRADE UNION
s ALLEGED UNFAIR RETRENCHMENT WHERE THE RETRENCHMENT INVOLVED AN INDIVIDUAL
EMPLOYEE
s BREACH OF A COLLECTIVE AGREEMENT
$ISPUTES OVER THESE MATTERS ARE REFERRED TO THE ,ABOUR #OURT FOR ADJUDICATION
s $ISPUTES THAT INVOLVE DISCRIMINATION
s RETRENCHMENTS
s AUTOMATICALLY UNFAIR DISMISSALS 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
)F THE PARTIES BELIEVE THAT IT IS GOING TO BE TOO EXPENSIVE TO TAKE THE MATTER TO
THE ,ABOUR #OURT THEY CAN AGREE TO HAVE THE MATTER ARBITRATED BY THE ##-! OR
"ARGAINING #OUNCIL EVEN IF THE MATTER FALLS WITHIN THE JURISDICTION OF THE ,ABOUR
#OURT
!2")42!4)/. "9 4(% ##-! /2 "!2'!).).' #/5.#),
7(!4 )3 !2")42!4)/.
!RBITRATION MEANS THE TWO SIDES OR PARTIES TO THE DISPUTE AGREE TO USE A THIRD
PARTY TO SETTLE A DISPUTE ! THIRD PARTY IS SOMEONE WHO IS NOT FROM THE UNION OR
EMPLOYERgS SIDE 4HE ARBITRATOR ACTS AS JUDGE TO DECIDE THE DISPUTE 5NDER THE
,2! THE ARBITRATOR IS A COMMISSIONER FROM THE ##-! OR "ARGAINING #OUNCIL !FTER
HEARING WHAT BOTH PARTIES HAVE TO SAY THE COMMISSIONER CAN MAKE A RULING THAT
IS LEGALLY BINDING AND MUST BE ACCEPTED BY BOTH PARTIES
(/7 4/ 2%&%2 ! #!3% &/2 !2")42!4)/.
)F THERE IS A "ARGAINING #OUNCIL WHICH REGULATES THE SECTOR THAT THE PARTIES WORK IN
THEN THE MATTER MUST BE RESOLVED ACCORDING TO THE RULES OF THAT #OUNCIL #ONTACT
THE RELEVANT #OUNCIL TO FIND OUT WHAT TO DO IF THE EMPLOYEE WANTS TO REFER THE
MATTER TO ARBITRATION )N SOME CASES EVEN THOUGH THERE IS A "ARGAINING #OUNCIL
THE ARBITRATION MAY BE DONE BY THE ##-!
4O REFER THE MATTER TO THE ##-! FOR ARBITRATION
s &ILL IN FORM ,2!
s 3END A COPY OF THE FORM TO THE EMPLOYER BY FAX REGISTERED MAIL OR PERSONAL
DELIVERY
s 3END A COPY TO THE ##-! BY FAX REGISTERED MAIL OR PERSONAL DELIVERY !TTACH
PROOF THAT YOU HAVE SENT A COPY TO THE EMPLOYER FOR EXAMPLE A FAX TRANSMISSION
SLIP REGISTERED MAIL SLIP OR AFFIDAVIT CONFIRMING PERSONAL DELIVERY
4(% !2")42!4)/. (%!2).'
4HE ##-! OR "ARGAINING #OUNCIL WILL APPOINT A COMMISSIONER TO ARBITRATE WILL SET
THE TIME AND VENUE AND INFORM BOTH PARTIES 4HE ARBITRATION HEARING IS RELATIVELY
INFORMAL AND THE COMMISSIONER WILL ENCOURAGE THE PARTIES TO FOCUS ON THE REAL
MERITS OF THEIR CASES AND TO AVOID LEGAL TECHNICALITIES
!FTER HEARING EVIDENCE FROM BOTH PARTIES UNDER OATH THE COMMISSIONER CAN
MAKE A RULING THAT IS LEGALLY BINDING AND MUST BE ACCEPTED BY BOTH PARTIES )F THE
COMMISSIONER DECIDES THAT THE EMPLOYER WAS WRONG THE COMMISSIONER CAN ORDER
THE EMPLOYER TO TAKE CERTAIN STEPS OR TO PAY COMPENSATION 3EE PAGE #HECKLIST
TO PREPARE FOR AN ARBITRATION
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$
%-0,/9%23 ). !. !2")42!4)/. 02/#%$52%
%MPLOYEES CAN ONLY BE REPRESENTED BY A FELLOW EMPLOYEE A LAWYER WHERE THE CASE
DOES NOT INVOLVE MISCONDUCT OR INCAPACITY DISMISSAL UNION OFFICIAL OR UNION OFFICE
BEARER %MPLOYERS CAN ONLY BE REPRESENTED BY A LAWYER WHERE THE DISPUTE IS NOT A
MISCONDUCT OR INCAPACITY DISMISSAL AN EMPLOYEE OF THE BUSINESS OR A REPRESENTATIVE
FROM AN EMPLOYERSg ORGANISATION
)N CASES INVOLVING DISMISSAL FOR MISCONDUCT OR INCAPACITY LAWYERS ARE NOT ALLOWED
UNLESS THE COMMISSIONER SPECIFICALLY ALLOWS THIS
,EGAL !ID WILL ONLY BE GRANTED TO AN EMPLOYEE IN CASES WHERE THE ,2! ALLOWS FOR
LAWYERS TO BE PRESENT AND CASES WHERE THE COMMISSIONER SPECIALLY ALLOWS LAWYERS
3EE PAGE !PPLYING FOR LEGAL AID
!2")42!4)/. !00%!,3
4HERE IS NO APPEAL AGAINST AN ARBITRATION AWARD
"UT EITHER PARTY MAY REQUEST THE ,ABOUR #OURT TO REVIEW THE ARBITRATORgS DECISION
IF THEY THINK
s THE ARBITRATOR EXCEEDED HER OR HIS POWERS
s THERE WAS SOMETHING LEGALLY WRONG IN THE PROCEEDINGS
s THE ARBITRATOR DID NOT CONSIDER RELEVANT ISSUES IN ACCORDANCE WITH THE LAW
4HEY MUST ASK FOR A REVIEW WITHIN WEEKS OF RECEIVING THE ARBITRATION DECISION
!$*5$)#!4)/. "9 4(% ,!"/52 #/524
7(!4 )3 !$*5$)#!4)/.
!DJUDICATION IS A FORMAL COURT JUDGMENT THAT IS LEGALLY BINDING ON ALL PARTIES
4HE ,ABOUR #OURTS ARE SET UP UNDER THE ,2! AND ARE BASED AT THE (IGH #OURT IN
EACH PROVINCE 4HE ,ABOUR #OURT HAS THE SAME STATUS AS THE (IGH #OURT
(/7 4/ 2%&%2 ! #!3% &/2 !$*5$)#!4)/.
)F A CASE GOES TO THE ,ABOUR #OURT FOR A COURT JUDGEMENT ADJUDICATION PHONE THE
2EGISTRAR OF THE NEAREST ,ABOUR #OURT TO GET THE NECESSARY REFERRAL FORMS 4HE JUDGE
WILL HEAR EVIDENCE FROM BOTH SIDES AND MAKE A JUDGMENT
7(/ #!. 2%02%3%.4 %-0,/9%%3 !.$
%-0,/9%23 ). ! ,!"/52 #/524 #!3%
%MPLOYEES AND EMPLOYERS ARE ENTITLED TO BE REPRESENTED BY A LAWYER IN ,ABOUR
#OURT CASES ,EGAL !ID MAY BE GRANTED TO PAY FOR THE EMPLOYEEgS LAWYER
3EE PAGE !PPLYING FOR LEGAL AID
!$*5$)#!4)/. !00%!,3
! ,ABOUR !PPEAL #OURT CAN HEAR APPEALS AND HAS THE SAME STATUS AS THE 3UPREME
#OURT OF !PPEAL )F EITHER PARTY DOES NOT AGREE WITH THE DECISIONS OF THE ,ABOUR
#OURT THEY CAN APPEAL TO THE ,ABOUR !PPEAL #OURT
4AKING INDUSTRIAL ACTION
)NDUSTRIAL ACTION IS USED WHERE EMPLOYEES WANT NEW OR BETTER CONDITIONS AT THE
WORKPLACE 3TAYAWAYS STRIKES WORK STOPPAGES GO
SLOWS WORK
TO
RULE AND UNION
BANS ON OVERTIME AND LOCK
OUTS ARE ALL FORMS OF INDUSTRIAL ACTION )NDUSTRIAL ACTION
CAN BE PROTECTED LEGAL OR UNPROTECTED
0ROTECTED INDUSTRIAL ACTION COMPLIES WITH THE RULES AND PROCEDURES SET OUT IN
THE ,ABOUR 2ELATIONS !CT ,2! )F THE INDUSTRIAL ACTION COMPLIES WITH THE LAW
THEN EMPLOYEES MAY NOT BE DISMISSED BY THEIR EMPLOYER FOR TAKING SUCH ACTION
5NPROTECTED INDUSTRIAL ACTION DOES NOT COMPLY WITH THE RULES AND PROCEDURES SET
OUT IN THE ,2! 4HE COURTS ARE NOT SYMPATHETIC TOWARDS EMPLOYEES WHO GO ON AN
UNPROTECTED STRIKE )F AN EMPLOYER DISMISSES EMPLOYEES WHO GO ON AN UNPROTECTED
STRIKE IT IS NOT LIKELY THAT THE COURT WILL HELP THESE EMPLOYEES
7(%. )3 ).$5342)!, !#4)/. ./4 0%2-)44%$
)NDUSTRIAL ACTION IS NOT PERMITTED WHEN
s THE EMPLOYERS AND EMPLOYEES HAVE ENTERED INTO A COLLECTIVE AGREEMENT WHICH
PROHIBITS STRIKES OR LOCK
OUTS AROUND THE ISSUE BEING DISPUTED
s THE EMPLOYERS AND EMPLOYEES HAVE ENTERED INTO AN AGREEMENT WHICH REGULATES
THE ISSUE BEING DISPUTED
s THE LAW OR THE COLLECTIVE AGREEMENT SAYS THAT THE ISSUE BEING DISPUTED SHOULD
BE RESOLVED THROUGH ARBITRATION OR THE ,ABOUR #OURT &OR EXAMPLE THE ,2! SAYS
THAT UNFAIR DISMISSALS AND UNFAIR LABOUR PRACTICES MUST BE REFERRED TO ARBITRATION
OR THE ,ABOUR #OURT %MPLOYEES CANNOT STRIKE OVER UNFAIR DISMISSAL OR UNFAIR
LABOUR PRACTICES 3TRIKES OVER RETRENCHMENTS ARE LEGAL IF THE CORRECT CONSULTATION
PROCESSES HAVE BEEN FOLLOWED
s THERE HAS ALREADY BEEN ARBITRATION ABOUT THE ISSUE AND AN ARBITRATION DECISION
WAS MADE WHICH REGULATES THE ISSUE
s EMPLOYEES ARE EMPLOYED IN AN ESSENTIAL SERVICE OR A MAINTENANCE SERVICE
!N ESSENTIAL SERVICE IS WHERE THE LIFE SAFETY OR HEALTH OF ANOTHER PERSON WILL
BE ENDANGERED IF WORK IS INTERRUPTED TO GO ON STRIKE ! MAINTENANCE SERVICE
IS WHERE MACHINERY OR THE FACTORY WILL BE DAMAGED IF WORK IS INTERRUPTED )N
THESE CASES DISPUTES MUST GO TO ARBITRATION 0ARLIAMENT AND THE 3OUTH !FRICAN
0OLICE 3ERVICES ARE CLASSIFIED AS ESSENTIAL SERVICES IN THE ,2! 4HERE IS AN %SSENTIAL
3ERVICES #OMMISSION WHICH DECIDES WHICH OTHER EMPLOYEES PROVIDE AN ESSENTIAL
OR MAINTENANCE SERVICE AND SO MAY NOT GO ON STRIKE
!LTHOUGH EMPLOYEES IN ESSENTIAL SERVICES MAY NOT GO ON STRIKE THE ,2! PROVIDES
OTHER WAYS FOR THEM TO RESOLVE DISPUTES )N MOST CASES WHERE THE PARTIES ARE
UNABLE TO REACH AN AGREEMENT AROUND THEIR DISPUTE EITHER PARTY MAY REFER THE
DISPUTE TO COMPULSORY ARBITRATION BY THE #OMMISSION FOR #ONCILIATION -EDIATION
AND !RBITRATION OR THE RELEVANT "ARGAINING #OUNCIL
)N ALL OTHER CASES EMPLOYEES HAVE THE RIGHT TO STRIKE AND EVERY EMPLOYER HAS THE
RIGHT TO LOCK
OUT PROVIDED THEY FOLLOW THE CORRECT PROCEDURES FIRST 4HIS INCLUDES THE
RIGHT TO STRIKE OVER WAGES AND CONDITIONS OF EMPLOYMENT AND TO STRIKE IN SOLIDARITY
WITH OTHER LEGALLY STRIKING EMPLOYEES
7(!4 02/#%$52%3 -534 "% &/,,/7%$
"%&/2% ).$5342)!, !#4)/. )3 02/4%#4%$
s )F EMPLOYEES ARE PLANNING TO STRIKE IN SOLIDARITY WITH EMPLOYEES WHO ARE LEGALLY
STRIKING A SECONDARY STRIKE THE EMPLOYEES MUST GIVE THEIR EMPLOYER DAYS
NOTICE IN WRITING
s )F THE EMPLOYEES ARE NOT PART OF A COLLECTIVE AGREEMENT WITH AN ALTERNATE DISPUTE
RESOLUTION PROCEDURE THE DISPUTE MUST BE REFERRED TO THE ##-! OR THE RELEVANT
"ARGAINING #OUNCIL AFTER THE OPPOSING PARTY HAS RECEIVED A COPY OF THE 2EFERRAL
OF $ISPUTE &ORM ,2!
)N ORDER FOR OTHER STRIKES OR LOCK
OUTS ABOUT DISPUTES TO BE PROTECTED EMPLOYEES OR
THE EMPLOYER MUST FOLLOW THESE STEPS
s )F THE EMPLOYEES ARE PART OF A COLLECTIVE AGREEMENT WHICH HAS A DISPUTE
RESOLUTION PROCEDURE THEN THAT PROCEDURE MUST BE FOLLOWED
s /THERWISE THE DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION
-EDIATION AND !RBITRATION ##-! OR THE RELEVANT "ARGAINING #OUNCIL 4HE ##-!
OR "ARGAINING #OUNCIL MUST TRY TO SETTLE THE DISPUTE WITHIN DAYS OF RECEIVING
THE DISPUTE )F CONCILIATION IS SUCCESSFUL IT MEANS BOTH PARTIES ARE SATISFIED AND
NO INDUSTRIAL ACTION WILL BE TAKEN
s )F CONCILIATION WITHIN DAYS IS UNSUCCESSFUL THE PARTIES MUST WAIT UNTIL THE
##-! OR "ARGAINING #OUNCIL SENDS OR PROVIDES THEM A CERTIFICATE WHICH STATES
THAT THE DISPUTE HAS NOT BEEN RESOLVED /NLY THEN CAN EITHER PARTY TAKE INDUSTRIAL
ACTION
s )N THE CASE OF A PROPOSED STRIKE THE EMPLOYEES MUST GIVE THE EMPLOYER AT LEAST
HOURSg WRITTEN NOTICE THAT THEY INTEND TO TAKE INDUSTRIAL ACTION )F THE
EMPLOYER IS THE STATE THE EMPLOYEES MUST GIVE AT LEAST DAYSg NOTICE 4HIS NOTICE
MUST BE SPECIFIC ABOUT THE TIME OF THE STRIKE AND WHAT FORM THE STRIKE WILL TAKE
s )N THE CASE OF A PROPOSED LOCK
OUT THE EMPLOYER MUST GIVE THE EMPLOYEES AT
LEAST HOURS WRITTEN NOTICE THAT IT INTENDS TO LOCK THE EMPLOYEES OUT
)F THE EMPLOYER LOCKS EMPLOYEES OUT WITHOUT FOLLOWING THE PROCEDURES THE
EMPLOYEES CAN IMMEDIATELY GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES )F
EMPLOYEES GO ON STRIKE WITHOUT FOLLOWING THE PROCEDURES THE EMPLOYER DOES NOT
HAVE TO FOLLOW PROCEDURES TO LOCK THEM OUT
7HERE THE EMPLOYER ILLEGALLY LOCKS OUT THE EMPLOYEES A CLAIM MUST BE MADE
AGAINST THE EMPLOYER BECAUSE OF THIS ILLEGAL LOCKOUT
)& !. %-0,/9%2 5.),!4%2!,,9
#(!.'%3 #/.$)4)/.3 /& %-0,/9-%.4
)F AN EMPLOYER MAKES CHANGES TO EMPLOYEESg CONDITIONS OF EMPLOYMENT WITHOUT
NEGOTIATING WITH EMPLOYEES EMPLOYEES CAN REFER A DISPUTE TO THE ##-! OR
"ARGAINING #OUNCIL 4HEY CAN THEN GIVE THE EMPLOYER HOURS NOTICE TO RESTORE THE
STATUS QUO TO TAKE THINGS BACK TO WHAT THEY WERE FAILING WHICH THEY CAN GO ON
STRIKE
7HEN REFERRING THE DISPUTE TO THE ##-! OR "ARGAINING #OUNCIL AND GIVING NOTICE
TO THE EMPLOYER EMPLOYEES CAN DEMAND
s THAT THE EMPLOYER NOT IMPLEMENT THE CHANGES IF THE EMPLOYER STILL PLANS
TO CHANGE THEIR CONDITIONS /2
s THAT THE EMPLOYER RESTORE THEIR ORIGINAL CONDITIONS OF EMPLOYMENT
IF THE EMPLOYER HAS ALREADY CHANGED THEIR CONDITIONS
4HE EMPLOYEES CAN DEMAND THAT THE CHANGES MUST BE DELAYED
s UNTIL CONCILIATION HAS TAKEN PLACE /2
s IF NO CONCILIATION TAKES PLACE UNTIL DAYS HAVE PASSED SINCE THE REFERRAL
WAS RECEIVED BY THE ##-! OR #OUNCIL
4HE EMPLOYER MUST COMPLY WITH THE DEMAND WITHIN HOURS FROM THE TIME IT RECEIVES
THE NOTICE FAILING WHICH THE STRIKE CAN BEGIN AND THE EMPLOYEES WILL BE PROTECTED
%-0,/9%%3g !.$ %-0,/9%2g3 2)'(43
). 02/4%#4%$ ).$5342)!, !#4)/.
s 0ROTECTED INDUSTRIAL ACTION CANNOT BE STOPPED BY A COURT ORDER "UT AN EMPLOYER
CAN ASK THE ,ABOUR #OURT TO STOP A SOLIDARITY OR @SECONDARY STRIKE IF IT IS
UNRELATED TO THE @PRIMARY FIRST INDUSTRIAL ACTION
s 4HE EMPLOYER MAY NOT DISCIPLINE VICTIMISE INTIMIDATE OR DISMISS EMPLOYEES WHO
TAKE PROTECTED INDUSTRIAL ACTION OR WHO ARE BEING LOCKED OUT NOR THOSE WHO
REFUSE TO DO THE WORK OF ANOTHER EMPLOYEE WHO IS ON A PROTECTED STRIKE
s 4HE EMPLOYER CAN DISMISS OR TAKE DISCIPLINARY ACTION AGAINST EMPLOYEES FOR
MISCONDUCT WHILE TAKING INDUSTRIAL ACTION FOR EXAMPLE FOR VIOLENCE OR IF THEY
VANDALISE THE EMPLOYERgS PROPERTY
s 4HE EMPLOYER CANNOT CLAIM DAMAGES FOR LOST PRODUCTION DURING THE PROTECTED
INDUSTRIAL ACTION 4HE EMPLOYER CAN CLAIM DAMAGES IF THE INDUSTRIAL ACTION IS
UNPROTECTED
s 4HE EMPLOYER DOES NOT HAVE TO PAY EMPLOYEES WHILE THEY ARE ON STRIKE OR LEGALLY
BEING LOCKED OUT "UT EMPLOYEES WHO RECEIVE PAYMENT IN KIND THINGS LIKE
HOUSING ELECTRICITY WATER OR FOOD INSTEAD OF MONEY CAN ASK THE EMPLOYER TO
GIVE THEM THIS PART OF THEIR PAY AND THE EMPLOYER CANNOT REFUSE 7HEN THE STRIKE
OR LOCK
OUT IS OVER THE EMPLOYER CAN CLAIM THE VALUE OF THE PAYMENT IN KIND
MADE DURING THE STRIKE OR LOCK
OUT BACK FROM THE EMPLOYEES 4HIS MUST BE DONE
THROUGH THE ,ABOUR #OURT 4HE MONEY CANNOT BE DEDUCTED FROM THE EMPLOYEESg
PAY WITHOUT A COURT ORDER OR THE EMPLOYEESg PERMISSION
s !N EMPLOYER IS ENTITLED TO RECRUIT TEMPORARY LABOUR WHILE EMPLOYEES ARE ON STRIKE
OR WHEN THE EMPLOYEES ARE LOCKED OUT BY THE EMPLOYER BEFORE THE EMPLOYEES GO
ON STRIKE )F THE EMPLOYER LOCKS OUT EMPLOYEES WHO HAVE ALREADY STARTED A STRIKE
THEN THE EMPLOYER CAN USE STRIKE BREAKERS TO REPLACE THE STRIKERS FOR THE PERIOD OF
THE STRIKE
s )N EXCEPTIONAL CIRCUMSTANCES THE EMPLOYER CAN RETRENCH EMPLOYEES ON STRIKE
4HE EMPLOYER MUST FOLLOW THE PROCEDURES FOR RETRENCHMENT )F THE EMPLOYER THEN
EMPLOYS OTHER EMPLOYEES IN PLACE OF THE RETRENCHED EMPLOYEES THE EMPLOYEES
CAN TAKE THE DISPUTE TO THE ,ABOUR #OURT WHERE THE LOCKOUT IS IN RESPONSE
TO A STRIKE )F THE EMPLOYER DID THE LOCKOUT FIRST THEN HESHE CANNOT EMPLOY
TEMPORARY REPLACEMENT LABOUR
42!$% 5.)/.3
%MPLOYEES CAN ORGANISE THEMSELVES INTO EMPLOYEE ORGANISATIONS CALLED TRADE UNIONS
! TRADE UNION IS CONTROLLED RUN AND PAID FOR BY ITS MEMBERS /RGANISED EMPLOYEES
IN FACTORIES ELECT SHOP STEWARDS AND COMMITTEES TO REPRESENT THEM AND REPORT BACK
TO THEM IN THE WORKPLACE 4HE SHOP STEWARDS AND EMPLOYEES DISCUSS THE PROBLEMS
IN THE WORKPLACE AND THE SHOP STEWARDS TAKE THE EMPLOYEESg PROBLEMS TO THE
MANAGEMENT
7(!4 !2% 4(% !)-3 /& 42!$% 5.)/.3
s 4O NEGOTIATE WITH EMPLOYERS FOR PROPER WORKING CONDITIONS
n FOR DECENT WAGES AND CONDITIONS OF WORK
n FOR RECOGNITION BY THE EMPLOYER OF THE UNIONS AND SHOP STEWARDS IN THE WORKPLACE
s 4O PROTECT EMPLOYEES
n FROM UNFAIR DISMISSAL AND UNFAIR LABOUR PRACTICES
n FROM DISCRIMINATION AND ABUSE
s 4O EDUCATE EMPLOYEES
n ON THEIR RIGHTS AND HOW TO ENFORCE THESE RIGHTS
n ON HOW TO CARRY OUT THEIR TASKS IN THE TRADE UNION
s 4O REPRESENT EMPLOYEES
n TO THE EMPLOYERS AND OTHER AUTHORITIES
n TO GET BENElTS
s 4O TAKE LEGAL ACTION WHEN NECESSARY
0!9).' &/2 4(% 5.)/. n 35"3#2)04)/.3
7HEN AN EMPLOYEE JOINS A UNION HE OR SHE WILL BE ASKED TO PAY A SUBSCRIPTION
FEE EVERY MONTH TO BECOME A MEMBER 4HESE FEES ARE ALSO CALLED gSUBSg 4HE UNION
USES THE @SUBS PAY FOR ITS EXPENSES SUCH AS SALARIES FOR UNION STAFF OFFICE RENTAL
TRANSPORT FOR UNION STAFF ETC
4(% 2)'(4 /& %-0,/9%%3 4/ &/2-
*/). !.$ 4!+% 0!24 ). 42!$% 5.)/.3
4HE #ONSTITUTION AND THE ,ABOUR 2ELATIONS !CT SAY THAT EMPLOYEES HAVE THE RIGHT TO
FORM AND JOIN TRADE UNIONS 4HIS RIGHT IS CALLED FREEDOM OF ASSOCIATION %MPLOYERS
ARE NOT ALLOWED TO MAKE IT A CONDITION OF EMPLOYMENT THAT AN EMPLOYEE MUST OR
MUST NOT BELONG TO A TRADE UNION )T IS THE EMPLOYEEgS CHOICE !N EMPLOYEE ALSO
CANNOT BE VICTIMISED BECAUSE HE OR SHE IS A MEMBER OF A TRADE UNION 4HIS MEANS
THE EMPLOYER CANNOT TREAT THE EMPLOYEE UNFAIRLY OR BADLY BECAUSE THE EMPLOYEE IS
A TRADE UNION MEMBER
42!$% 5.)/. 2)'(43 ). 4(% 7/2+0,!#%
! REGISTERED UNION THAT HAS LESS THAN MEMBERSHIP OF THE WORKFORCE BUT WHICH
IS SUFFICIENTLY REPRESENTATIVE AROUND OF MEMBERSHIP OF THE WORKFORCE AS
MEMBERS CAN APPLY FOR THESE RIGHTS
s !CCESS TO THE WORKPLACE FOR UNION OFFICE BEARERS AND OFFICIALS TO HOLD MEETINGS
ETC
s 4O BALLOT ITS MEMBERS
s 4O PROVIDE STOP
ORDER FACILITIES FOR THE DEDUCTION OF @SUBS OR TRADE UNION
SUBSCRIPTIONS
s &OR EMPLOYEES WHO ARE MEMBERS TO GET LEAVE FOR TRADE UNION ACTIVITIES
4HIS PERCENTAGE OF MEMBERSHIP IS REGARDED AS BEING @SUFFICIENTLY REPRESENTATIVE
! REGISTERED UNION THAT HAS A MAJORITY MORE THAN OF THE EMPLOYEES AS
MEMBERS AT A WORKPLACE CAN APPLY FOR THE ABOVE RIGHTS AS WELL AS THE FOLLOWING
s ELECTION OF SHOP STEWARDS EMPLOYEE REPRESENTATIVES
s DISCLOSURE OF INFORMATION THE EMPLOYER MUST GIVE THE UNION ANY INFORMATION
THAT IS RELEVANT FOR MEETINGS AND NEGOTIATIONS
4HE UNION APPLIES TO THE EMPLOYER FOR THESE RIGHTS 7ITHIN DAYS THE EMPLOYER
MUST MEET THE UNION 4HEY MAKE A COLLECTIVE AGREEMENT ABOUT THESE RIGHTS 4HE
UNION CAN ASK THE ##-! TO INTERVENE IF THE EMPLOYER REFUSES 4HE ##-! WILL TRY TO
MEDIATE AND IF THAT FAILS WILL ARBITRATE
5NIONS THAT BELONG TO "ARGAINING #OUNCILS OR 3TATUTORY #OUNCILS AUTOMATICALLY HAVE
THESE RIGHTS EVEN IF THEY DONgT HAVE MANY MEMBERS AT A WORKPLACE
3OCIAL WELFARE AND BENEFITS IN THE WORKPLACE
5.%-0,/9-%.4 ).352!.#% &5.$
4HE GOVERNMENT HAS ESTABLISHED THE 5NEMPLOYMENT )NSURANCE &UND 5)& WITH THE
AIM OF PROVIDING SHORT
TERM RELIEF TO EMPLOYEES WHEN THEY BECOME UNEMPLOYED
OR ARE UNABLE TO WORK BECAUSE OF ILLNESS MATERNITY OR ADOPTION LEAVE AND ALSO TO
PROVIDE RELIEF TO THE DEPENDANTS OF A CONTRIBUTOR WHO HAS DIED )F AN EMPLOYEE
BECOMES UNEMPLOYED THE 5)& WILL PAY THE EMPLOYEE FOR A MAXIMUM PERIOD OF
MONTHS WHILE THAT EMPLOYEE IS UNEMPLOYED %MPLOYEES COMPANIES AND THE STATE
CONTRIBUTE TO THIS FUND
4HERE ARE FIVE KINDS OF BENEFITS COVERED BY 5)&
s UNEMPLOYMENT BENEFITS
s SICK BENEFITS
s MATERNITY BENEFITS
s ADOPTION BENEFITS
s DEPENDANTgS BENEFITS
&OR MORE INFORMATION ON THE 5)& LOOK UP THE $EPARTMENT OF ,ABOUR WEBSITE
WWWLABOURGOVZA
7(/ )3 ! #/.42)"54/2 4/ 4(% 5)&
!LL EMPLOYEES THAT WORK FOR MORE THAN HOURS PER MONTH MUST CONTRIBUTE TO THE
&UND )T IS ILLEGAL FOR EMPLOYERS NOT TO MAKE THE DEDUCTIONS FROM THE EMPLOYEES
EARNINGS %VEN PEOPLE EARNING HIGH SALARIES UNLESS THEY ARE EARNING COMMISSION ONLY
MUST CONTRIBUTE TO THE &UND REGARDLESS OF HOW MUCH THEY EARN 4HE &UND SETS A
CEILING AMOUNT OF 2 PER YEAR OR 2 PER MONTH OR 2 PER WEEK
!NY EMPLOYEE WHO EARNS ABOVE THIS THRESHOLD WILL ONLY CONTRIBUTE UP TO THIS AMOUNT
)F THEY BECOME UNEMPLOYED THEY WILL RECEIVE BENEFITS AT THE LEVEL OF THE CEILING
%8!-0,%
6ERNON IS A COMPANY ADMINISTRATOR AND HE EARNS 2 PER MONTH 4HE CURRENT
THRESHOLD FOR 5)& IS 2 PER MONTH SO 6ERNON WILL PAY OF 2 AND THE
COMPANY WILL PAY OF 2 EVERY MONTH ON HIS BEHALF TO THE 5)& )F 6ERNON
BECOMES ILL AND WANTS TO CLAIM )LLNESS "ENEFITS THE 5)& WILL ONLY PAY HIM A PERCENTAGE
OF 2 NOT OF HIS CURRENT SALARY OF 2 4HE ACTUAL AMOUNT HE WILL BE PAID
WILL DEPEND ON THE NUMBER OF DAYS HE HAS BEEN CONTRIBUTING TO THE &UND
7(/ )3 ./4 #/6%2%$ "9 5)&
#ERTAIN EMPLOYEES DO NOT CONTRIBUTE TO THE &UND AND THEY THEREFORE CANNOT CLAIM
FROM THE &UND IF THEY ARE UNEMPLOYED
4HE FOLLOWING PEOPLE ARE NOT COVERED BY 5)&
s EMPLOYEES WHO WORK LESS THAN HOURS PER MONTH OR HOURS PER WEEK
s SEASONAL EMPLOYEES
s EMPLOYEES WHO RECEIVE PAYMENT UNDER A LEARNERSHIP AGREEMENT NEGOTIATED UNDER
THE 3KILLS $EVELOPMENT !CT .O OF
s GOVERNMENT EMPLOYEES PUBLIC SERVANTS
s PEOPLE WHOSE EARNINGS ARE CALCULATED ON A COMMISSION BASIS
s FOREIGN CONTRACT EMPLOYEES UNLESS THEY HAVE PERMANENT RESIDENCE
3EE PAGE )MMIGRANTS AND MIGRANTS
(/7 $/ %-0,/9%%3 "%#/-% #/.42)"54/23 4/ 5)&
)N TERMS OF THE !CT ALL EMPLOYERS HAVE TO BECOME REGISTERED WITH THE 5)& AND
MAKE A DECLARATION OF ALL THEIR EMPLOYEES TO THE 5)& 7HENEVER THERE IS A CHANGE
OF STAFF FOR EXAMPLE NEW APPOINTMENTS MADE OR CONTRACTS TERMINATED EMPLOYERS
MUST INFORM THE 5)& OF THESE CHANGES 3O THERE ARE TWO VERY IMPORTANT THINGS AN
EMPLOYER MUST DO WHEN EMPLOYING AN EMPLOYEE
s 3END DETAILS OF THE EMPLOYEE TO THE 5)&
s $EDUCT 5)& CONTRIBUTIONS FROM THE EMPLOYEES WAGE AND SEND THESE PLUS THE
EMPLOYERS OWN CONTRIBUTIONS TO 3!23 OR THE 5)& IF NOT REGISTERED WITH 3!23
FOR 0!9%
3EE PAGE 0ROBLEM %MPLOYER DOES NOT REGISTER EMPLOYEE WITH THE 5)&
(/7 -5#( $/ %-0,/9%%3 #/.42)"54% 4/ 4(% &5.$
%VERY WEEK OR MONTH IF THE EMPLOYEE IS MONTHLY PAID THE EMPLOYER DEDUCTS
OF EACH EMPLOYEES WAGES FOR 5)& 4HIS WORKS OUT TO C FOR EVERY 2 THE EMPLOYEE
EARNS 4HE EMPLOYER ALSO PAYS OF THE EMPLOYEES WAGE 3O FOR EVERY CENT THE
EMPLOYEE PAYS TO 5)& THE EMPLOYER PAYS THE SAME 4HE COMPANY THEN SENDS ALL
THESE CONTRIBUTIONS TO THE 3OUTH !FRICAN 2EVENUE 3ERVICES 3!23 IF THE COMPANY IS
REGISTERED WITH 3!23 FOR TAX PURPOSES 0!9% OR FOR 3KILLS $EVELOPMENT ,EVIES 3$,
4HE 5NEMPLOYMENT )NSURANCE #ONTRIBUTORS !CT SAYS ALL EMPLOYERS HAVE TO SUBMIT
THEIR 5)& PAYMENTS TOGETHER WITH THEIR PAYMENTS OF 0!9% AND 3$, BEFORE THE TH
OF EACH MONTH 4HIS IS ALL WRITTEN ON ONE FORM CALLED THE %-0 RETURN FORM THE
FORM USED TO SUBMIT RETURNS TO 3!23 3EE PAGE 3MALL "USINESS ,AW 5)&
7HERE EMPLOYERS ARE NOT REQUIRED TO REGISTER WITH 3!23 FOR 0!9% OR 3$, PURPOSES
THEY MUST PAY THE 5)& CONTRIBUTIONS TO THE 5NEMPLOYMENT )NSURANCE &UND USING
THE 5& RETURN FORM
(/7 -5#( $/ 0%/0,% '%4 0!)$
7(%. !00,9).' &/2 "%.%&)43
)N THE CASE OF UNEMPLOYMENT ILLNESS ADOPTION AND DEPENDENTS BENEFITS BENEFITS
WILL BE PAID FOR A MAXIMUM OF DAYS WEEKS OR FOR THE NUMBER OF DAYS
CREDITS THAT THE PERSON HAS BUILT UP DURING THE YEARS LEADING UP TO THE APPLICATION
FOR BENEFITS #REDITS ARE GIVEN TO EMPLOYEES AS THEY WORK AND CONTRIBUTE TO THE
&UND %MPLOYEES CAN EARN CREDITS IN THE FOLLOWING WAY FOR EVERY DAYS THAT
AN EMPLOYEE WORKS AND CONTRIBUTES TO THE &UND THEY RECEIVE DAYS CREDIT 3O
TO QUALIFY FOR THE FULL DAYS CREDITS THE EMPLOYEE MUST WORK AND HAVE BEEN
CONTRIBUTING TO THE &UND FOR AT LEAST YEARS
)N THE CASE OF MATERNITY BENEFITS A TOTAL OF DAYS WILL BE PAID IF THERE ARE
ENOUGH CREDITS AVAILABLE
4HE EMPLOYEE IS REGARDED AS HAVING CONTRIBUTED TO THE &UND FROM THE FIRST DAY OF
EMPLOYMENT TO THE DAY THAT THE SERVICES ARE TERMINATED ! NOTICE PERIOD WORKED
BEFORE TERMINATION OF SERVICE IS ALSO REGARDED AS A PERIOD EMPLOYED
4HE RATE AT WHICH BENEFITS ARE PAID SHIFTS FROM FOR HIGHLY PAID EMPLOYEES TO
FOR LOWEST PAID EMPLOYEES
7(%. )3 ! #/.42)"54/2
./4 %.4)4,%$ 4/ 2%#%)6% "%.%&)43
!N EMPLOYEE WHO HAS BEEN A CONTRIBUTOR TO THE &UND IS NOT ENTITLED TO RECEIVE
BENEFITS IF THE CONTRIBUTOR
s IS RECEIVING A MONTHLY STATE PENSION
s IS RECEIVING PAYMENT FROM THE #OMPENSATION &UND FOR ILLNESSES OR INJURIES THAT
CAUSED THE TEMPORARY OR TOTAL UNEMPLOYMENT OF THE CONTRIBUTOR
s IS RECEIVING BENEFITS FROM ANY OTHER SCHEME ESTABLISHED BY THE ,ABOUR 2ELATIONS !CT
s FAILS TO COMPLY WITH THE PROVISIONS OF THE LAW
s HAS BEEN CAUGHT WORKING AND COLLECTING BENEFITS OR HAS COMMITTED FRAUD
490%3 /& 5)& "%.%&)43
5)& PAYS FIVE KINDS OF BENEFITS
s 5NEMPLOYMENT BENEFITS
s )LLNESS BENEFITS
s -ATERNITY BENEFITS
s !DOPTION BENEFITS
s $EPENDANTS BENEFITS
5.%-0,/9-%.4 "%.%&)43
4HESE BENEFITS ARE FOR EMPLOYEES WHO LOSE THEIR JOBS BECAUSE THEY HAVE BEEN
DISMISSED OR RETRENCHED OR WHEN THE EMPLOYEESg CONTRACT EXPIRES )F AN EMPLOYEE
RESIGNS FROM THE JOB THEN THEY WILL NOT QUALIFY FOR BENEFITS UNLESS THE EMPLOYEE CAN
PROVE IT WAS A CONSTRUCTIVE DISMISSAL
4O GET UNEMPLOYMENT BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS
s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED
FROM HIS OR HER SALARY FOR 5)& EVERY MONTH
s THE CLAIM MUST BE MADE WITHIN MONTHS OF BECOMING UNEMPLOYED
s THE CLAIM MUST BE MADE ON THE PROPER FORM
s THE EMPLOYEE HAS BEEN UNEMPLOYED FOR MORE THAN DAYS
s THE SERVICES OF THE EMPLOYEE WERE TERMINATED DISMISSAL OR RETRENCHMENT BY
THE EMPLOYER AND THE EMPLOYEE DID NOT RESIGN UNLESS THEY CAN PROVE IT WAS
CONSTRUCTIVE DISMISSAL
s THE EMPLOYEE IS REGISTERED AS A WORK SEEKER IN TERMS OF THE 3KILLS $EVELOPMENT
!CT THE EMPLOYEE MUST BE CAPABLE OF AND AVAILABLE FOR WORK
"ENEFITS WILL BE PAID FOR A MAXIMUM OF DAYS WEEKS OR FOR THE NUMBER
OF DAYS CREDITS THAT THE PERSON HAS BUILT UP DURING THE YEARS LEADING UP TO
THE APPLICATION FOR BENEFITS 4HE EMPLOYEE MUST REPORT AT TIMES AND AT PLACES THAT
THE CLAIMS OFFICER DETERMINES IN ORDER TO SIGN THE UNEMPLOYMENT REGISTER AND
HESHE MUST UNDERGO TRAINING AND VOCATIONAL COUNSELLING IF THE CLAIMS OFFICER TELLS
HIM OR HER TO DO THIS )F THE CONTRIBUTOR REFUSES TO DO THIS WITHOUT A GOOD REASON
HESHE WILL NOT BE ENTITLED TO BENEFITS %MPLOYEES WHO LEAVE TO GO AND STUDY OR TO
GO ON PENSION CANNOT CLAIM 5)& BECAUSE THEY ARE NOT AVAILABLE FOR WORK %MPLOYEES
WHO GO ON A COMPANY "ARGAINING #OUNCIL OR CIVIL PENSION CAN CLAIM 5)& AS LONG
AS THEY SAY THEY ARE STILL AVAILABLE ABLE AND WILLING TO WORK
),,.%33 "%.%&)43
%MPLOYEES CAN CLAIM ILLNESS BENEFITS IF THEY ARE OFF WORK BECAUSE OF ILLNESS FOR MORE
THAN TWO WEEKS "ENEFITS ARE PAID FROM THE DATE ON WHICH THE EMPLOYEE STOPPED
WORKING BECAUSE OF ILLNESS
4O GET ILLNESS BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS
s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED
FROM HIS OR HER SALARY FOR 5)& EVERY MONTH
s THE EMPLOYEE MUST HAVE BEEN SICK FOR MORE THAN DAYS
s THE CLAIM MUST BE MADE WITHIN MONTHS OF THE ILLNESS
s THE CLAIM MUST BE MADE ON THE PROPER FORM WHICH INCLUDES COMPLETING A MEDICAL
CERTIFICATE BY THE DOCTOR OR RECOGNISED HOMEOPATH ! MEDICAL CERTIFICATE MUST
BE COMPLETED FOR EACH PERIOD OF ILLNESS THAT IS PAID
)F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE PERIOD OF ILLNESS THEN
THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER
PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
"ENEFITS CAN BE PAID UP TO MAXIMUM OF DAYS IN ANY PERIOD OF YEARS
DEPENDING ON THE NUMBER OF CREDITS AN EMPLOYEE HAS EARNED
-!4%2.)49 "%.%&)43
-ATERNITY BENEFITS CAN BE PAID TO A CONTRIBUTOR WHO IS PREGNANT 3ECTION OF
THE "ASIC #ONDITIONS OF %MPLOYMENT !CT SAYS A PREGNANT WOMAN CAN TAKE MATERNITY
LEAVE AT ANY TIME FROM WEEKS BEFORE THE EXPECTED DATE OF BIRTH AND SHE MAY NOT
WORK FOR SIX WEEKS AFTER THE BIRTH "ENEFITS CAN BE PAID TO A MAXIMUM OF DAYS
OR WEEKS IN ANY PERIOD OF YEARS )F AN EMPLOYEE HAS APPLIED FOR MATERNITY
BENEFITS THIS DOES NOT AFFECT HER RIGHT TO CLAIM UNEMPLOYMENT BENEFITS
4O GET MATERNITY BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS
s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED
FROM HER SALARY FOR 5)& EVERY MONTH
s THE CLAIM MUST BE MADE WITHIN WEEKS OF CONFINEMENT OR WITHIN MONTHS OF
THE BIRTH OF THE CHILD
s THE CLAIM MUST BE MADE ON THE PROPER FORM
)F THERE IS A MISCARRIAGE OR A STILLBORN CHILD THEN BENEFITS ARE PAID FOR A MAXIMUM
OF WEEKS AFTER THE MISCARRIAGESTILLBIRTH
)F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE MATERNITY PERIOD THEN
THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER
PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
!$/04)/. "%.%&)43
! PERSON WHO LEGALLY ADOPTS A CHILD LESS THAN YEARS OLD AND WHO LEAVES WORK TO
LOOK AFTER THAT CHILD CAN NOW CLAIM ADOPTION BENEFITS FROM THE &UND FROM THE DATE
OF ADOPTION
/NLY ONE OF THE ADOPTING PARENTS CAN APPLY FOR BENEFITS
"ENEFITS ARE PAID FROM THE DATE ON WHICH THE #OURT GRANTS AN ORDER FOR ADOPTION
4O GET ADOPTION BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS
s THE EMPLOYEE HAS BEEN CONTRIBUTING TO THE &UND AND MONEY HAS BEEN DEDUCTED
FROM HIS HER SALARY FOR 5)& EVERY MONTH
s THE CHILD MUST BE ADOPTED IN TERMS OF THE #HILD #ARE !CT OF
s THE PERIOD NOT WORKING MUST BE SPENT CARING FOR THE CHILD
s THE ADOPTED CHILD MUST BE BELOW YEARS OLD
s THE CLAIM FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE ORDER OF ADOPTION
BEING ISSUED
s THE CLAIM MUST BE MADE ON THE PROPER FORM
)F THE EMPLOYEE HAS BEEN PAID BY THE EMPLOYER DURING THE ADOPTION PERIOD THEN
THE BENEFITS PAID BY THE &UND WILL BE THE DIFFERENCE BETWEEN WHAT THE EMPLOYER
PAID AND THE BENEFIT THAT THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO
$%0%.$!.4g3 "%.%&)43
)F AN EMPLOYEE DIES WHILE WORKING THE DEPENDANTS CAN CLAIM DEPENDANTS BENEFITS
FROM THE &UND ! DEPENDANT CAN BE
s THE EMPLOYEES WIFEHUSBAND
s ANY DEPENDANT CHILD UNDER YEARS IF THERE IS NO SURVIVING SPOUSE
HUSBAND OR WIFE
4O GET DEPENDANTS BENEFITS THE EMPLOYEE MUST SATISFY THE FOLLOWING CONDITIONS
s THE EMPLOYEE MUST HAVE BEEN CONTRIBUTING TO THE &UND AND MONEY MUST HAVE
BEEN DEDUCTED FROM HISHER SALARY FOR 5)& EVERY MONTH
s THE CLAIM FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE DEATH OF THE
EMPLOYEE
s THE CLAIM MUST BE MADE ON THE PROPER FORM
)F THE SURVIVING SPOUSE HUSBAND OR WIFE DOES NOT MAKE A CLAIM WITHIN MONTHS
THEN A DEPENDANT CHILD CAN APPLY FOR THE BENEFITS PROVIDED THAT THE CLAIM IS MADE
WITHIN DAYS AFTER THE MONTHS HAS EXPIRED DURING WHICH THE SPOUSE SHOULD
HAVE APPLIED
"ENEFITS CAN BE PAID UP TO MAXIMUM OF DAYS IN ANY PERIOD OF YEARS
DEPENDING ON THE NUMBER OF CREDITS AN EMPLOYEE HAS EARNED
4HE BENEFITS THAT ARE PAID ARE EQUAL TO THE UNEMPLOYMENT BENEFITS THAT WOULD HAVE
BEEN PAID IF THE PERSON WAS STILL ALIVE
(/7 $/ %-0,/9%%3 #,!)- 5)& "%.%&)43
#,!)-).' 5.%-0,/9-%.4 "%.%&)43
2EGISTER FOR 5)& DAYS AFTER BECOMING UNEMPLOYED AT A LABOUR CENTRE CLOSEST
TO WHERE THE EMPLOYEE LIVES
3IGN THE UNEMPLOYMENT REGISTER THIS IS CALLED gSIGNING ONg
5SUALLY YOU MUST SIGN THIS REGISTER AT THE LABOUR CENTRE EVERY WEEKS OR
WHENEVER TOLD TO DO SO BY THE 5)& CLERK )F YOU MISS SIGNING THE BENEFITS COULD
BE DELAYED FOR A LONG TIME AS YOU WILL HAVE TO RE
REGISTER )F YOU ARE ILL ON ONE OF
THE SIGNING DATES YOU MUST BRING A DOCTORS LETTER THE NEXT TIME 3EE PAGE
0ROBLEM &AILING TO SIGN THE UNEMPLOYMENT REGISTER
9OU MUST SAY THAT YOU ARE AVAILABLE TO WORK OR ELSE BENEFITS WILL NOT BE PAID OUT
)F YOU ARE OFFERED WORK THEN YOU MUST BE AVAILABLE TO WORK 3OMETIMES EMPLOYEES
ARE TOLD TO GO TO DIFFERENT COMPANIES AND TO ASK FOR WORK 4HEY GET A FORM THAT
THE COMPANIES MUST FILL IN AND SIGN SHOWING THAT THEY HAVE NO JOBS AVAILABLE
9OU SHOULD START GETTING MONEY WITHIN WEEKS AFTER APPLYING FOR BENEFITS !FTER
THAT YOU SHOULD GET MONEY EVERY WEEKS OR SO UNTIL ALL THE BENEFITS ARE USED UP
/NLY THE EMPLOYEE WHO HAS APPLIED FOR BENEFITS CAN COLLECT THE MONEY FROM THE
LABOUR CENTRE 7HEN YOU GO TO COLLECT YOUR BENEFITS YOU MUST TAKE YOUR )$ BOOK
WITH YOU
3EE PAGE 0ROBLEM !PPLICATION FOR 5)& BENEFITS IS TOO LATE
#,!)-).' ),,.%33 "%.%&)43
!N EMPLOYEE WILL NOT GET ILLNESS BENEFITS
s IF THE CLAIMS OFFICER DECIDES THAT THE EMPLOYEEgS ILLNESS ARISES FROM HISHER OWN
MISCONDUCT
s FOR AS LONG AS THE EMPLOYEE UNREASONABLY REFUSES OR NEGLECTS TO UNDERGO
TREATMENT OR TO CARRY OUT THE DOCTORgS INSTRUCTIONS 4HE CLAIMS OFFICER DECIDES
WHETHER THE EMPLOYEEgS REFUSAL OR NEGLECT IS UNREASONABLE
4O APPLY FOR ILLNESS BENEFITS YOU MUST REGISTER AT THE LABOUR CENTRE CLOSEST TO WHERE
YOU LIVE )F YOU ARE TOO ILL TO GO TO THE 5)& OFFICE A FRIEND OR FAMILY MEMBER CAN
BRING YOU THE FORM TO SIGN 3EE PAGE )LLNESS BENEFITS
)LLNESS BENEFITS ARE CLAIMED ON &/2- 5& 4HE DOCTOR WHO IS TREATING YOU MUST
COMPLETE PARAGRAPH OF THIS FORM 4HIS IS A MEDICAL CERTIFICATE 4HE REST OF
THE FORM IS COMPLETED BY PEOPLE WORKING AT THE LABOUR CENTRE )F YOU ARE ALSO
UNEMPLOYED IN OTHER WORDS YOU HAVE ALSO LOST YOUR JOB YOU MUST TELL THE CLAIMS
OFFICER THAT YOU ARE UNEMPLOYED "UT IF YOU STILL HAVE A JOB AND ARE ON UNPAID SICK
LEAVE THEN YOU ONLY NEED &/2- 5&
/NCE THE APPLICATION FOR ILLNESS BENEFITS IS APPROVED THE LABOUR CENTRE WILL POST
&/2- 5& TO YOU 4HIS FORM MUST BE SIGNED BY THE DOCTOR AS SOON AS POSSIBLE 9OU
THEN FILL IN THE REST OF THE FORM AND RETURN IT TO THEM .O ILLNESS BENEFITS WILL BE
PAID UNTIL YOU HAVE RETURNED THE COMPLETED &/2- 5& 9OU WILL ONLY BE PAID FOR
THE PERIOD THE DOCTOR PUTS YOU OFF WORK
)F YOU ARE DISMISSED WHEN YOU ARE ILL AND THE DOCTOR HAS LAID YOU OFF FOR LESS THAN
MONTHS THE BALANCE CAN BE CLAIMED AS UNEMPLOYMENT BENEFITS
)LLNESS BENEFITS ARE NOT PAID FOR THE FIRST WEEKS OFF WORK "UT IF THE ILLNESS LASTS
LONGER THAN WEEKS AND ILLNESS BENEFITS ARE PAID THEN YOU WILL RECEIVE BENEFITS FOR
ANY PERIOD IN THE FIRST WEEKS FOR WHICH YOU DID NOT GET NORMAL WAGES
)LLNESS BENEFITS ARE USUALLY PAID IN ONE LUMP SUM 4HE AMOUNT CAN BE PAID INTO A
BANK ACCOUNT OR COLLECTED FROM THE LABOUR CENTRE WHERE YOU MADE THE APPLICATION
)F YOU ARE TOO SICK TO COLLECT THE PAYMENT SOMEONE ELSE CAN COLLECT IT ON YOUR
BEHALF
#,!)-).' -!4%2.)49 "%.%&)43
%MPLOYEES APPLY FOR MATERNITY BENEFITS IN THE SAME WAY AS FOR ILLNESS BENEFITS
)F YOU ARE PREGNANT AND WANT TO APPLY FOR MATERNITY BENEFITS YOU MUST GO TO THE
NEAREST LABOUR CENTRE YOURSELF AND MAKE THE APPLICATION )F YOU ARE TOO ILL YOU CAN
ORGANISE FOR SOMEONE ELSE TO GO IN YOUR PLACE
7HEN YOU REGISTER FOR MATERNITY BENEFITS YOU WILL GET &/2- 5& 4HIS FORM MUST
BE FILLED IN BY A DOCTOR 9OU MUST TAKE THE FORM BACK TO THE ,ABOUR OFFICE
3TAFF AT THE LABOUR CENTRE MAY ASK YOU TO GO TO THE DOCTOR AGAIN OR TO VISIT THE
LABOUR CENTRE AT CERTAIN TIMES 9OU MUST DO WHAT THEY ASK OR YOU MAY NOT BE ABLE
TO CLAIM
-ATERNITY BENEFITS CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR
CENTRE WHERE YOU MADE THE APPLICATION )F YOU ARE UNABLE TO COLLECT THE PAYMENT
SOMEONE ELSE CAN COLLECT IT ON YOUR BEHALF
9OU CAN APPLY FOR FURTHER BENEFITS AFTER YOUR BABY IS BORN ON &/2- 5& 4HIS
FORM MUST BE SIGNED BY THE DOCTOR WHO DELIVERED THE BABY !N EMPLOYEE CAN GET
THESE BENEFITS EVEN IF THE BABY WAS STILLBORN )F YOU ARE ALSO UNEMPLOYED THEN YOU
MUST TELL THE CLAIMS OFFICER "UT IF YOU ARE ON UNPAID MATERNITY LEAVE YOU WILL ONLY
NEED TO FILL IN FORMS 5& AND 5&
"ENEFITS ARE PAID FOR A MAXIMUM OF DAYS OR WEEKS DEPENDING ON THE
NUMBER OF CREDITS THE EMPLOYEE HAS 3EE PAGE -ATERNITY BENEFITS
#,!)-).' !$/04)/. "%.%&)43
!DOPTION BENEFITS WILL NOT BE PAID IF AN APPLICATION IS NOT MADE WITHIN MONTHS
OF THE ORDER OF ADOPTION BEING ISSUED
!N EMPLOYEE SHOULD TAKE THE FOLLOWING DOCUMENTS TO THE ,ABOUR OFFICE TO APPLY FOR
ADOPTION BENEFITS
s THE EMPLOYEEgS CHILDgS BIRTH CERTIFICATE
s THE ORDER OF ADOPTION OF THE CHILD
!DOPTION BENEFITS CAN BE PAID INTO A BANK ACCOUNT OR COLLECTED FROM THE LABOUR
CENTRE WHERE YOU MADE THE APPLICATION 0AYMENTS ARE PAID OUT UNTIL ALL THE BENEFITS
ARE USED UP 3EE PAGE !DOPTION BENEFITS
#,!)-).' $%0%.$!.43 "%.%&)43
$EPENDANTS BENEFITS CAN BE CLAIMED BY THE HUSBAND OR WIFE OF THE DECEASED
EMPLOYEE AND ANY MINOR CHILDREN OF THE EMPLOYEE
4HE APPLICATION FOR BENEFITS MUST BE MADE WITHIN MONTHS OF THE DEATH OF THE
CONTRIBUTOR
! WIDOW OR INVALID HUSBAND MUST COMPLETE &/2- 5& WHEN APPLYING FOR
DEPENDENTS BENEFITS (E OR SHE MUST TAKE THE FOLLOWING DOCUMENTS TO THE
$EPARTMENT OF ,ABOUR OFFICE WHEN APPLYING FOR BENEFITS
s IDENTITY DOCUMENT
s A CERTIFIED COPY OF THE DEATH CERTIFICATE
s A CERTIFIED COPY OF THE MARRIAGE CERTIFICATE
)F THESE DOCUMENTS ARE LOST THEN THE WIFE OR HUSBAND SHOULD MAKE A STATEMENT AT
THE ,ABOUR OFFICE
! CHILD OR WIFEHUSBAND OF THE DECEASED EMPLOYEE MUST COMPLETE &/2- 5&
WHEN APPLYING FOR BENEFITS !NY DEPENDANT WHO WANTS TO CLAIM DEPENDANTgS
BENEFITS MUST TAKE THE FOLLOWING DOCUMENTS TO THE ,ABOUR OFFICE
s IF THE DEPENDANT IS A CHILD CERTIFIED COPIES OF THE BIRTH CERTIFICATE /2
IF THE DEPENDANT IS A HUSBAND OR WIFE THE MARRIAGE CERTIFICATE
s A CERTIFIED COPY OF THE DEATH CERTIFICATE OF THE CONTRIBUTOR
4HE ,ABOUR /FFICE WILL GIVE THE DEPENDANT &/2- 5& 4HIS FORM MUST BE FILLED IN
BY THE LAST EMPLOYER OF THE DECEASED EMPLOYEE 4HE CHILD OR DEPENDANT MUST THEN
TAKE THE FORM BACK TO THE ,ABOUR OFFICE
2EMEMBER THAT ONLY ONE PERSON CAN CLAIM DEPENDANTgS BENEFITS 4HE WIFE OR
HUSBAND OF THE EMPLOYEE WHO DIED IS GIVEN PREFERENCE
4HE MONEY FOR DEPENDANTgS BENEFITS IS PAID IN ONE LUMP SUM 4HE AMOUNT THAT
IS PAID WILL BE THE SAME AS THE TOTAL UNEMPLOYMENT BENEFITS THAT THE DECEASED
EMPLOYEE COULD HAVE DRAWN AT THE TIME OF THE DEATH 3EE PAGE (OW MUCH
DO EMPLOYEES GET PAID WHEN APPLYING FOR BENEFITS
)F AN EMPLOYEE DIES AFTER CLAIMING ALL THE 5)& THAT IS OWED TO THEM THERE WILL BE
NO MONEY LEFT FOR DEPENDANTgS BENEFITS
(/7 4/ '%4 #/0)%3 /& ")24( -!22)!'% !.$ $%!4( #%24)&)#!4%3
7RITE TO
$EPARTMENT OF (OME !FFAIRS
2EGISTRAR OF "IRTHS -ARRIAGES AND $EATHS
0RIVATE "AG 8 0RETORIA
3TATE IN THE LETTER
s WHAT TYPE OF CERTIFICATE YOU WANT
s FULL NAME AND IDENTITY NUMBER OF PERSON
s DATE AND PLACE OF BIRTHMARRIAGEDEATH
s FOR BIRTH CERTIFICATE FULL NAMES OF PARENTS AND THEIR IDENTITY NUMBERS
s FOR MARRIAGE CERTIFICATES FULL NAMES OF BOTH HUSBAND AND WIFE AND IDENTITY
NUMBERS
7(!4 )& 4(% 5)& "%.%&)43 !2% 53%$ 50
!.$ 4(% %-0,/9%% )3 34),, 5.%-0,/9%$
)F YOU ARE STILL UNEMPLOYED BY THE TIME YOUR 5)& BENEFITS HAVE BEEN USED UP THEN YOU
CAN APPLY FOR AN EXTENSION OF UNEMPLOYMENT BENEFITS &OR AN EXTENSION OF ORDINARY
BENEFITS YOU MUST APPLY ON FORM 5& 9OU MUST WRITE DOWN ON THIS FORM DETAILS
OF WHERE YOU HAVE TRIED TO FIND WORK 4HE FORM MUST BE HANDED IN AT A LABOUR CENTRE
)F YOU HAVE RECEIVED ILLNESS BENEFITS YOU CAN APPLY FOR EXTENSION OF ILLNESS BENEFITS
ON FORM 5& 4HIS INCLUDES A MEDICAL CERTIFICATE TO BE COMPLETED BY THE DOCTOR
4HE 5)& TREATS ALL APPLICATIONS FOR EXTENSION OF BENEFITS ON MERIT 4HIS MEANS THEY
DECIDE WHETHER THEY THINK YOU HAVE GOOD REASONS TO GET MORE BENEFITS 4HERE IS NO
AUTOMATIC RIGHT TO AN EXTENSION %XTENSION BENEFITS ARE NOT EASY TO GET
"UT IT HELPS TO PROVE THAT
s YOU ARE STILL ACTIVELY SEEKING WORK SHOW LETTERS OF REFUSAL BY EMPLOYERS
s YOU DEPEND FOR THE NECESSITIES OF LIFE ON THE 5)& BENEFITS A LIST OF EXPENSES SUCH
AS RENT RECEIPTS FOOD BILLS WATER AND ELECTRICITY BILLS AND SCHOOLING FEES SHOULD BE
DRAWN UP
s YOU HAVE BEEN WORKING FOR MORE THAN YEARS AND HAVE GAINED THE MAXIMUM
NUMBER OF CREDITS FOR WHICH NORMAL BENEFITS ARE PAID OUT 4HREE YEARS IS THE
MAXIMUM TIME FOR WHICH NORMAL BENEFITS ARE PAID OUT
7(!4 )& 4(% !00,)#!4)/. &/2 ./2-!, "%.%&)43 )3 2%&53%$
)F AN APPLICATION IS REFUSED THE APPLICANT WILL BE SENT A REGISTERED LETTER INFORMING
THEM OF THE DECISION OF THE 5)& 4HE LETTER SETS OUT THE REASONS FOR THE REFUSAL 9OU
CAN APPEAL AGAINST THE REFUSAL
5)& !00%!,3
)F YOUR APPLICATION FOR 5)& BENEFITS HAS BEEN TURNED DOWN YOU OR YOUR REPRESENTATIVE
MUST WRITE TO THE 5NEMPLOYMENT "ENEFIT #OMMITTEE WITHIN MONTHS OR DAYS
OF BEING TOLD THAT BENEFITS WILL NOT BE PAID OUT
7HAT MUST BE INCLUDED IN THE APPEAL
s NAME AND ADDRESS OF THE PERSON APPEALING
s IDENTITY NUMBER
s DATE OF APPLYING FOR BENEFITS
s THE OFFICE WHERE THE APPLICATION WAS MADE
s THE DATE ON WHICH THE CLAIMS OFFICER GAVE THE DECISION
s THE DETAILS OF THE CLAIMS OFFICERgS DECISION AND WHY THE EMPLOYEE WANTS TO
COMPLAIN
s THE REASONS FOR THE APPEAL
!LL THIS INFORMATION MUST BE SET OUT IN A STATEMENT WHICH THE EMPLOYEE MUST SIGN
!DDRESS THE LETTER TO THE 5NEMPLOYMENT "ENEFIT #OMMITTEE AT THE NEAREST OFFICE OF
THE 2EGIONAL $IRECTOR $EPARTMENT OF ,ABOUR
&524(%2 !00%!,3
)F THE 5NEMPLOYMENT "ENEFIT #OMMITTEE AGAIN REFUSES THE EMPLOYEEgS APPLICATION
THEN THE EMPLOYEE CAN APPEAL AGAIN TO
4HE 3ECRETARY
5NEMPLOYMENT )NSURANCE "OARD
0/ "OX 0RETORIA
4%2-).!4)/. /& "%.%&)43
"ENEFITS STOP IF
s THE FULL AMOUNT HAS BEEN PAID OUT
s YOU STOP SIGNING THE REGISTER
s YOU FIND WORK YOU MUST INFORM STAFF AT THE LABOUR CENTRE IMMEDIATELY IF YOU
FIND WORK IF YOU CARRY ON ACCEPTING BENEFIT PAYMENTS YOU WILL HAVE TO PAY BACK
THE AMOUNT RECEIVED 4HIS IS CALLED FRAUD
#OMPENSATION &UND
4HE #OMPENSATION &UND PROVIDES COMPENSATION FOR EMPLOYEES WHO GET HURT AT
WORK OR SICK FROM DISEASES CONTRACTED AT WORK OR FOR DEATH AS A RESULT OF THESE
INJURIES OR DISEASES
4HE #OMPENSATION &UND IS COVERED BY THE #OMPENSATION FOR /CCUPATIONAL
)NJURIES AND $ISEASES !CT .O OF #/)$! AND THE #OMPENSATION
FOR /CCUPATIONAL )NJURIES AND $ISEASES !MENDMENT !CT .O OF 4HE
#OMPENSATION #OMMISSIONER IS APPOINTED TO ADMINISTER THE &UND AND APPROVES
CLAIMS OF EMPLOYEES 7HERE AN EMPLOYEE IS ENTITLED TO RECEIVE COMPENSATION FROM
THE #OMPENSATION &UND THE &UND AND NOT THE EMPLOYER WILL PAY THE EMPLOYEE
'O TO THE $EPARTMENT OF ,ABOUR WEBSITE FOR MORE INFORMATION ON THE
#OMPENSATION &UND WWWLABOURGOVZA
7(%. #!. !. %-0,/9%% #,!)- #/-0%.3!4)/.
s %MPLOYEES CAN CLAIM IF THEY ARE INJURED IN AN ACCIDENT gIN THE COURSE AND SCOPE
OF DUTYg IN OTHER WORDS WHILE THEY ARE DOING THEIR WORK
s %MPLOYEES CAN CLAIM IF THEY GET A DISEASE CAUSED BY THE WORK AN OCCUPATIONAL
DISEASE
s )F AN EMPLOYEE DIES FROM THE ACCIDENT OR DISEASE THEIR DEPENDANTS CAN CLAIM
%MPLOYEES WHO ARE DRIVERS OR WHO HAVE TO BE TRANSPORTED AS PART OF THEIR WORK MAY
BE INVOLVED IN MOTOR VEHICLE ACCIDENTS WHILE WORKING -OTOR VEHICLE ACCIDENTS AT
WORK ARE COVERED BY THE 2OAD !CCIDENT &UND !CT 4HE ACCIDENT MUST BE REPORTED
TO THE #OMPENSATION #OMMISSIONER AND WILL FOLLOW THE NORMAL #OMPENSATION
PROCEDURE BUT THE MONEY WILL BE PAID BY THE 2OAD !CCIDENT &UND 3EE PAGE
-OTOR VEHICLE ACCIDENTS WHILE WORKING
7(/ #!. #,!)- #/-0%.3!4)/. &2/- 4(% &5.$
!NY PERSON WHO IS EMPLOYED OR BEING TRAINED BY AN EMPLOYER AND IS INJURED OR GETS
SICK ON OR BECAUSE OF THE JOB CAN CLAIM COMPENSATION 4HE FOLLOWING EMPLOYEES
CANNOT CLAIM COMPENSATION FROM THE &UND
s DOMESTIC WORKERS IN PRIVATE HOUSEHOLDS
s MEMBERS OF THE 3OUTH !FRICAN .ATIONAL $EFENCE &ORCE AND 3OUTH !FRICAN 0OLICE
3ERVICES THEY HAVE THEIR OWN FUND
s OUTWORKERS TO WHOM EMPLOYERS GIVE ARTICLES TO BE MADE UP OR TO WASH OR CLEAN
4HEN THEY ARE NOT WORKING UNDER THE CONTROL OF THE EMPLOYER
s EMPLOYEES WHO WORK OUTSIDE 3OUTH !FRICA FOR LONGER THAN MONTHS AT A TIME
UNLESS THERE IS A SPECIAL AGREEMENT WITH THE #OMMISSIONER
4HE !CT SAYS AN EMPLOYER HAS TO PAY COMPENSATION TO THE INJURED EMPLOYEE FOR THE
FIRST MONTHS FROM THE DATE OF THE OCCUPATIONAL INJURY 4HEREAFTER THE #OMPENSATION
&UND WILL PAY 4HE #OMPENSATION &UND WILL REPAY THE EMPLOYER FOR THE MONEY THAT
WAS PAID
7(/ #/.42)"54%3 4/ 4(% &5.$
%MPLOYERS PAY INTO THE #OMPENSATION &UND ONCE A MONTH %MPLOYEES DO NOT PAY
ANYTHING TO THE &UND SO EMPLOYERS CANNOT DEDUCT MONEY FROM EMPLOYEESg WAGES
FOR THIS 4HE FOLLOWING EMPLOYERS DO NOT HAVE TO PAY INTO THE &UND
s NATIONAL AND PROVINCIAL STATE DEPARTMENTS
s CERTAIN LOCAL AUTHORITIES
s EMPLOYERS WHO ARE INSURED BY A COMPANY OTHER THAN THE #OMPENSATION &UND
&OR EXAMPLE THOSE COMPANIES WHICH ARE PART OF THE #HAMBER OF -INES ARE
INSURED BY 2AND -UTUAL !SSOCIATION AND MANY EMPLOYERS IN THE CONSTRUCTION
INDUSTRY ARE INSURED BY &EDERATED %MPLOYERS -UTUAL !SSURANCE
4HESE EMPLOYERS ARE STILL COVERED BY THE !CT AND CLAIMS ARE MADE TO AND DECIDED
BY THE #OMMISSIONER 4HE ONLY DIFFERENCE IS THAT THE PAYOUTS ARE MADE BY THE
INSURANCE FUND OF THE EMPLOYER NOT BY THE #OMPENSATION &UND
7(%. 7),, 4(% &5.$ ./4 0!9 #/-0%.3!4)/.
s .O PAYMENT IS MADE FOR CLAIMS WHICH ARE MADE MORE THAN MONTHS AFTER
THE ACCIDENT OR DEATH OR MORE THAN MONTHS AFTER THE DISEASE IS DIAGNOSED
s )F AN EMPLOYEE IS OFF WORK FOR DAYS OR LESS THIS IS NOT COVERED BY THE
#OMPENSATION &UND )T MAY BE COVERED BY THE EMPLOYEEgS MEDICAL AID OR SICK
FUND
s .O PAYMENT IS MADE IF THE EMPLOYEEgS OWN MISCONDUCT CAUSED THE ACCIDENT
UNLESS THE EMPLOYEE WAS SERIOUSLY DISABLED OR DIED FROM THE ACCIDENT
s 4HERE MAY BE NO PAYMENT IF THE EMPLOYEE UNREASONABLY REFUSES TO HAVE MEDICAL
TREATMENT FOR AS LONG AS THE EMPLOYEE REFUSES
/##50!4)/.!, $)3%!3%3 !.$ ).*52)%3
$)3%!3%3
/CCUPATIONAL DISEASES ARE ILLNESSES CAUSED BY SUBSTANCES OR CONDITIONS THAT THE
EMPLOYEE WAS EXPOSED TO AT THE WORKPLACE 3CHEDULE OF THE #OMPENSATION
FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT SETS OUT THE WORKING CONDITIONS AND
DISEASES CAUSED BY THESE CONDITIONS THAT ARE COVERED BY THE #OMPENSATION &UND !N
EMPLOYEE CAN CLAIM COMPENSATION IF EXPOSED TO THESE WORKING CONDITIONS AND THEN
GETTING THE RELATED DISEASE
)F A DISEASE IS NOT LISTED THEN EMPLOYEES CAN CLAIM COMPENSATION ONLY IF THEY CAN
PROVE THAT THE DISEASE WAS CAUSED BY CONDITIONS AT WORK AND NOT BY SOME OTHER
FACTOR -EDICAL EVIDENCE AND REPORTS WILL HAVE TO BE SUBMITTED TO THE #OMMISSIONER
)T MAY ALSO TAKE SOME TIME FOR A DISEASE TO BECOME OBVIOUS AND IN SUCH CASES
EMPLOYEES CAN CLAIM COMPENSATION IF THEY ARE NO LONGER AT A WORKPLACE SO LONG
AS IT FALLS WITHIN THE TIME LIMITS FOR LODGING CLAIMS 3EE PAGE 0ROBLEM
%MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE
4HE #OMMISSIONER WILL APPROVE OR REJECT THE CLAIM /NLY IF THE #OMMISSIONER APPROVES
THE CLAIM WILL YOU GET COMPENSATION FOR TEMPORARY OR PERMANENT DISABILITY AND
YOUR MEDICAL EXPENSES WILL BE PAID )F THE DISEASE GETS WORSE AFTER A PERIOD OF TIME
YOU CAN APPLY TO HAVE YOUR COMPENSATION INCREASED
).*52)%3
)NJURIES COVERED BY THE #OMPENSATION !CT ARE ONLY THOSE THAT OCCUR AS A RESULT OF
OR AT WORK #OMPENSATION IS PAID FOR TEMPORARY AND PERMANENT DISABILITIES THAT LEAD
TO A LOSS OF EARNINGS
-/4/2 6%()#,% !##)$%.43 7(),% 7/2+).'
)F A MOTOR VEHICLE ACCIDENT HAPPENS WHILE AN EMPLOYEE IS DOING THEIR JOB THEN
THEY CAN GET COMPENSATION FROM THE #OMPENSATION &UND "UT IF THEY ARE INJURED IN
A MOTOR VEHICLE ACCIDENT CAUSED BY SOMEONE ELSEgS NEGLIGENT OR UNLAWFUL DRIVING
EVEN IF THIS IS ON THE JOB THEY CAN ALSO MAKE A THIRD PARTY CLAIM FROM THE 2OAD
!CCIDENT &UND 4HE MONEY RECEIVED FROM THE #OMPENSATION &UND WILL BE TAKEN OFF
THE THIRD PARTY PAYMENT &OR EXAMPLE IF THE 2OAD !CCIDENT &UND AGREES TO PAY
DAMAGES OF 2 BUT THE #OMPENSATION &UND HAS ALREADY PAID 2
THEN THE EMPLOYEE WILL ONLY GET 2 DAMAGES FROM THE &UND
!N EMPLOYEE CANNOT SUE THEIR EMPLOYER FOR DAMAGES IF THEY WERE INJURED ON
THE JOB "UT IF THE EMPLOYER CAUSED INJURY TO AN EMPLOYEE WHILE THEY WERE ./4
ON THE JOB THEN THE EMPLOYEE COULD SUE HIM OR HER
7(!4 490%3 /& #/-0%.3!4)/. 0!9-%.4 !2% -!$%
#OMPENSATION IS PAID FOR GETTING INJURED AT WORK OR FOR DISEASES CAUSED BY WORK
4HESE ARE THE MAIN TYPES OF COMPENSATION PAYMENTS
s FOR TEMPORARY DISABILITY THE EMPLOYEE EVENTUALLY RECOVERS FROM THE INJURY
OR ILLNESS
s FOR PERMANENT DISABILITY THE EMPLOYEE NEVER FULLY RECOVERS
s FOR DEATH
s FOR MEDICAL EXPENSES
s ADDITIONAL COMPENSATION
#OMPENSATION IS ALWAYS WORKED OUT AS A PERCENTAGE OF THE WAGE THE EMPLOYEE
WAS EARNING AT THE TIME THE DISEASE OR INJURY IS DIAGNOSED )F THE EMPLOYEE IS
UNEMPLOYED BY THE TIME A DISEASE IS DIAGNOSED THE WAGE THEY WOULD HAVE BEEN
EARNING MUST BE CALCULATED
4HE #OMPENSATION &UND DOES NOT PAY FOR PAIN AND SUFFERING ONLY FOR LOSS OF
MOVEMENT OR USE OF YOUR BODY
4%-0/2!29 $)3!"),)49
4EMPORARY DISABILITY MEANS THE EMPLOYEE DOES EVENTUALLY GET BETTER )F AN EMPLOYEE
IS OFF WORK FOR DAYS OR LESS NO COMPENSATION WILL BE PAID THE EMPLOYEE CAN CLAIM
SICK LEAVE FROM THE EMPLOYER )F THE EMPLOYEE IS OFF FOR MORE THAN DAYS THE
EMPLOYEE GETS COMPENSATION WHICH ALSO COVERS THE FIRST DAYS 4EMPORARY DISABILITY
CAN BE TOTAL OR PARTIAL
s 4OTAL MEANS THE EMPLOYEE IS UNABLE TO WORK FOR A WHILE 4HE EMPLOYEE WILL GET
OF THE NORMAL MONTHLY WAGE AS COMPENSATION 4HE FORMULA IS
MONTHLY WAGE X IF THE EMPLOYEE IS PAID MONTHLY
FOR WEEKLY PAID EMPLOYEES MULTIPLY THE WEEKLY WAGE
BY TO GET THE MONTHLY WAGE
s 0ARTIAL MEANS THE EMPLOYEE CAN GO TO WORK BUT ON LIGHT DUTY FOR FEWER HOURS
)F THE EMPLOYEE EARNS LESS DOING THE LIGHTER WORK HE OR SHE WILL GET OF THE
DIFFERENCE BETWEEN THE NORMAL AND REDUCED MONTHLY WAGE
%8!-0,%
4HEMBISOgS WAGES ARE 2 PER WEEK
7HAT WOULD HIS #OMPENSATION BE FOR A TEMPORARY TOTAL DISABILITY
-ULTIPLY WEEKLY WAGE BY 2 X 2 PER MONTH
-ONTHLY WAGE X
2 X 2
4HAMBISO WOULD GET 2 PER MONTH FROM THE #OMPENSATION &UND
FOR 4OTAL 4EMPORARY $ISABILITY
&OR AN OCCUPATIONAL DISEASE USE THE WAGE AT THE TIME OF THE DIAGNOSIS AND NOT
AT THE TIME WHEN THE EMPLOYEE FIRST GOT EXPOSED TO THE DISEASE )F THE EMPLOYEE
IS NOW UNEMPLOYED USE THE WAGE THAT HE OR SHE WOULD PROBABLY HAVE EARNED IF
STILL EMPLOYED #OMPENSATION FOR TEMPORARY DISABILITY WILL BE PAID FOR UP TO
MONTHS )F THE CONDITION OF THE EMPLOYEE HAS NOT IMPROVED AFTER MONTHS
THE COMMISSIONER MAY AGREE TO CONTINUE PAYMENTS FOR UP TO MONTHS !FTER
MONTHS THE #OMMISSIONER MAY DECIDE THAT THE CONDITION IS PERMANENT AND
GRANT COMPENSATION ON THE BASIS OF PERMANENT DISABILITY 4HE #OMMISSIONER ALSO
PAYS ALL MEDICAL ACCOUNTS INCLUDING MEDICINE FOR WHICH ACCOUNTS MUST BE
SUBMITTED 3EE PAGE 0ROBLEM %MPLOYEE DOES NOT GET THE CORRECT AMOUNT
OF COMPENSATION MONEY
0%2-!.%.4 $)3!"),)49
0ERMANENT DISABILITY MEANS THAT AN EMPLOYEE NEVER FULLY RECOVERS FROM THE INJURY OR
SICKNESS ! PERMANENT DISABILITY CAN COMPLETELY PREVENT AN EMPLOYEE FROM WORKING
OR IT CAN JUST INCONVENIENCE AN EMPLOYEE -OST SERIOUS IS CALLED DISABILITY
AND LEAST SERIOUS IS CALLED DISABILITY ! DOCTOR MUST WRITE A MEDICAL REPORT ABOUT
THE DISABILITY 4HE #OMMISSIONER WITH THE HELP OF A PANEL OF DOCTORS WORKS OUT
THE DEGREE OF DISABILITY 4HE DEGREES OF DISABILITY ARE SET OUT IN 3CHEDULE OF THE
#OMPENSATION FOR /CCUPATIONAL )NJURIES AND $ISEASES !CT 3OME EXAMPLES ARE
LOSS OF TWO LIMBS
TOTAL LOSS OF SIGHT
LOSS OF HEARING IN BOTH EARS
LOSS OF SIGHT IN ONE EYE
LOSS OF ONE WHOLE BIG TOE
LOSS OF ONE OTHER TOE
#OMPENSATION FOR PERMANENT DISABILITY IS PAID EITHER AS A MONTHLY PENSION
OR AS A LUMP SUM
s IF THE INJURY IS MEASURED AS MORE THAN THE EMPLOYEE GETS A PENSION
s IF THE INJURY IS OR LESS THE EMPLOYEE GETS A LUMP SUM
4HE FORMULA FOR THE MONTHLY PENSION IS
;MONTHLY WAGE X = X PERCENTAGE DISABILITY
4HIS AMOUNT WILL BE PAID ONCE A MONTH FOR THE REST OF THE EMPLOYEEgS LIFE
%8!-0,%
*OE LOST ONE OF HIS HANDS WHILE PUSHING SOME POLES THROUGH A SAW
!T THE TIME OF HIS ACCIDENT HE WAS EARNING 2 PER MONTH
4HE PERCENTAGE DISABILITY FOR LOSS OF A HAND IS
MONTHLY WAGE X X PERCENTAGE DISABILITY
2 X X
2 X 2
*OE WILL GET 2 PER MONTH FOR THE REST OF HIS LIFE
4HE FORMULA FOR THE LUMP SUM IS
MONTHLY WAGE X X PERCENTAGE DISABILITY
4HIS AMOUNT WILL BE PAID ONCE ONLY AND THERE WILL BE NO FURTHER PAYMENTS
%8!-0,%
&REDDIE LOST AN EYE WHILE WORKING IN A FACTORY "EFORE THE ACCIDENT HE GOT
2 A MONTH 7HAT COMPENSATION SHOULD HE GET FOR HIS PERMANENT DISABILITY
4HE PERCENTAGE DISABILITY FOR THE LOSS OF ONE EYE IS &REDDIE WILL GET A LUMP SUM
BECAUSE HIS INJURY WAS OR LESS 4O WORK OUT THE LUMP SUM
-ONTHLY WAGE X X PERCENTAGE DISABILITY
2 X X
2 X 2
&REDDIE WILL RECEIVE 2 AS A LUMP SUM PAYMENT
$%!4( "%.%&)43
#OMPENSATION CAN BE CLAIMED BY THE WIDOW OR DEPENDANTS IF AN EMPLOYEE DIES
AS A RESULT OF A WORK
RELATED ACCIDENT OR DISEASE
#LAIMANTS FOR DEATH BENEFITS MUST SUBMIT COPIES OF THE FOLLOWING DOCUMENTS
s MARRIAGE CERTIFICATE OR PROOF THAT THE COUPLE LIVED AS HUSBAND AND WIFE
s BIRTH CERTIFICATES OR BAPTISMAL CERTIFICATES OF CHILDREN FOR PROOF OF CHILDREN
s THE DEATH CERTIFICATE
s DECLARATION BY THE WIDOWER FORM 7#,
s THE EMPLOYERgS REPORT OF THE ACCIDENT OR DISEASE
s FUNERAL ACCOUNTS FORM 7#,
s A SPECIAL #OMPENSATION FORM MUST BE FILLED IN GIVING DETAILS OF INCOME
AND PROPERTY
7(/ #!. #,!)- #/-0%.3!4)/. 7(%.
!. %-0,/9%% $)%3 ). 4(% #/523% !.$ 3#/0% /& $549
s 4HE WIDOWER
n ,UMP SUM PAYMENT X MONTHLY PENSION OF EMPLOYEE THE PENSION IS THE
AMOUNT THE EMPLOYEE WOULD HAVE BEEN PAID IF HESHE HAD BEEN DISABLED
n MONTHLY PENSION FOR LIFE X MONTHLY PENSION OF EMPLOYEE PAID EVERY MONTH
s %ACH CHILD UNDER THE AGE OF YEARS INCLUDING ILLEGITIMATE ADOPTED AND STEP
CHILDREN IS ENTITLED TO
n X MONTHLY PENSION OF EMPLOYEE PAID EVERY MONTHLY UNTIL THE CHILD IS YEARS OLD
n THE PENSION CAN CONTINUE FOR LONGER IF THE CHILD IS MENTALLY OR PHYSICALLY
HANDICAPPED
s /THER DEPENDANTS IF THERE IS NO WIDOWER OR CHILDREN PARENTS SISTERS BROTHERS
HALF
SISTERS ETC
n FULL DEPENDANTS GET THE SAME AS THE WIDOW
n PARTIAL DEPENDANTS GET A LUMP SUM THAT IS WORKED OUT ACCORDING
TO THE DEGREE OF DEPENDENCE
s 4HE PERSON WHO PAYS FOR THE FUNERAL EXPENSES GETS PAID EXPENSES UP TO
A CERTAIN AMOUNT
./4%
4HE TOTAL MONTHLY PENSION PER FAMILY CANNOT BE MORE THAN THE
PENSION THE DECEASED EMPLOYEE WOULD HAVE RECEIVED IF HESHE WAS
DISABLED IE OF THE MONTHLY WAGE
-%$)#!, %80%.3%3
!LL THE MEDICAL EXPENSES OF AN EMPLOYEE WILL BE PAID FOR A MAXIMUM OF TWO YEARS
FROM THE DATE OF THE ACCIDENT
!$$)4)/.!, #/-0%.3!4)/.
)F AN EMPLOYEE IS INJURED DIES OR CONTRACTS AN OCCUPATIONAL DISEASE BECAUSE OF
THE NEGLIGENCE OF THE EMPLOYER OR A DEFECT IN MACHINERY OR EQUIPMENT THE
EMPLOYEE CAN GET EXTRA COMPENSATION FOR TEMPORARY OR PERMANENT DISABILITY !NY
EMPLOYEE WHO IS UNDER YEARS OLD AT THE TIME OF AN INJURY OR DISEASE WILL GET
EXTRA COMPENSATION !N APPLICATION FOR ADDITIONAL INCREASED COMPENSATION MUST
BE MADE ON A FORM 7 WITHIN MONTHS OF THE INJURY 4HE #OMMISSIONER CAN
EXTEND THE PERIOD IF GOOD REASONS EXIST
34%03 4/ #,!)- $)3!"),)49
4HE EMPLOYEE MUST INFORM THE EMPLOYER SUPERVISOR OR FOREMAN OF THE ACCIDENT INJURY
OR DISEASE VERBALLY OR IN WRITING
4HE EMPLOYER MUST REPORT THE ACCIDENT OR DISEASE TO THE #OMPENSATION #OMMISSIONER WITHIN
DAYS FOR AN INJURY AND WITHIN DAYS AFTER GAINING KNOWLEDGE OF AN ALLEGED OCCUPATIONAL
DISEASE 4HE EMPLOYER MUST REPORT IT EVEN IF THEY DO NOT BELIEVE THE INJURY OR DISEASE
IS WORK
RELATED )F THE EMPLOYEE IS UNEMPLOYED BY THE TIME A DISEASE IS DIAGNOSED THE
EMPLOYEE CAN SEND FORMS DIRECTLY TO THE #OMMISSIONER
0ART OF THE FORM MUST BE GIVEN TO A DOCTOR TO COMPLETE TO CHECK THAT THE INJURY
OR DISEASE FALLS UNDER THE #OMPENSATION &UND
4HE DOCTOR MUST SEND A &IRST -EDICAL 2EPORT 7#, DETAILING THE DISEASE OR SERIOUSNESS
OF THE INJURY AND THE LIKELY PERIOD THE EMPLOYEE WILL BE OFF WORK 4HIS MUST BE DONE WITHIN
DAYS OF SEEING THE EMPLOYEE
4HE EMPLOYER MUST SEND THE &IRST -EDICAL 2EPORT TO THE #OMMISSIONER
)F THE EMPLOYER REFUSES TO COMPLETE AND SEND THE FORM THE EMPLOYEE OR A REPRESENTATIVE
MAY SEND A FORM DIRECT TO THE #OMMISSIONER 4HE #OMMISSIONER WILL INSTRUCT THE EMPLOYER
TO FILL IN THE RIGHT FORM
4HE DOCTOR MUST ALSO SEND 0ROGRESS -EDICAL 2EPORTS 7#, MONTHLY WHILE TREATMENT IS
CARRIED ON )F THE EMPLOYEEgS CONDITION HAS NOT IMPROVED AFTER MONTHS THE #OMMISSIONER
MAY DECIDE THAT THE CONDITION IS PERMANENT AND GRANT COMPENSATION FOR PERMANENT
DISABILITY
4HE DOCTOR MUST SEND IN A &INAL -EDICAL 2EPORT STATING EITHER THAT THE EMPLOYEE IS FIT
TO RETURN TO WORK OR THAT THE EMPLOYEE IS PERMANENTLY DISABLED
4HE DOCTOR SUBMITS THIS FORM TO THE EMPLOYER WHO SENDS IT TO THE #OMMISSIONER
!NYONE ELSE CAN SEND THE MEDICAL REPORTS TO THE #OMMISSIONER AS LONG AS THE CLAIM
NUMBER IS ON THE FORM
4HE EMPLOYER SENDS IN A 2ESUMPTION 2EPORT 7#, TO THE #OMMISSIONER WHEN THE
EMPLOYEE STARTS WORK AGAIN OR IS DISCHARGED FROM HOSPITAL 4HE EMPLOYER ALSO FILLS IN THIS
FORM TO CLAIM BACK THE COMPENSATION MONEY THE EMPLOYER PAID TO THE EMPLOYEE DURING
THE FIRST MONTHS HE OR SHE WAS OFF WORK
(/7 )3 4(% #/-0%.3!4)/. -/.%9 0!)$
4HE COMPENSATION OFFICE WAITS UNTIL IT HAS ALL THE FORMS AND ONLY THEN DOES IT PAY
3EE PAGE 0ROBLEM ,ONG DELAY IN PAYING COMPENSATION
4%-0/2!29 $)3!"),)49
4HE COMPENSATION OFFICE SENDS A CHEQUE TO THE EMPLOYER WHO GIVES IT TO THE THE
EMPLOYEE
0%2-!.%.4 $)3!"),)49
,UMP SUM n 4HE CHEQUE GETS SENT TO THE EMPLOYER )F THE EMPLOYEE HAS BEEN
DISMISSED THEY SEND THE CHEQUE TO THE EMPLOYEEgS HOME ADDRESS
0ENSION n 4HIS IS PAID OUT MONTHLY FOR THE REST OF A PERSONgS LIFE 4HE DISABLED
EMPLOYEE CAN DECIDE WHERE THE COMPENSATION OFFICE MUST SEND THE PENSION FOR
EXAMPLE TO A BANK OR BUILDING SOCIETY ACCOUNT 0ENSIONS ARE ALWAYS BACK
PAID TO
THE DATE OF THE ACCIDENT
)F EMPLOYERS DO NOT SEND IN THE FORMS OR THE CLAIMS TAKES LONG EMPLOYEES MUST
CONTACT THE NEAREST LABOUR CENTRE AND REPORT IT
/"*%#4)/.3 !.$ !00%!,3
s )F AN EMPLOYEE DISAGREES WITH THE DECISION OF THE #OMMISSIONER HESHE MAY
LODGE AN OBJECTION TO THE DECISION WITHIN DAYS FROM THE DATE HESHE BECAME
AWARE OF THE DECISION
s 4HE OBJECTION MUST BE DONE ON FORM 7 AND SENT TO THE #OMMISSIONER
s 4HE COMMISSIONER MAY CALL A FORMAL HEARING TO REVIEW THE DECISION AT WHICH
HEARING THE EMPLOYEE CAN BE REPRESENTED BY A LEGAL REPRESENTATIVE TRADE UNION
OFFICIAL OR FAMILY MEMBER
s 4HE EMPLOYEE CAN CALL EVIDENCE INCLUDING EXPERT EVIDENCE
s 4HE COMMISSIONER AFTER THE REPRESENTATIONS MADE WILL MAKE A FINAL DECISION
s )F STILL NOT SATISFIED THE EMPLOYEE CAN TAKE THE DECISION OF THE #OMMISSIONER
ON REVIEW TO THE (IGH #OURT )T IS ADVISABLE TO SEEK LEGAL ASSISTANCE WITH THE
APPLICATION 3EE PAGE 0ROBLEM %MPLOYEES COMPENSATION HAS BEEN
REFUSED
%MPLOYEEgS TAX
7(!4 )3 %-0,/9%%g3 4!8
%MPLOYEES TAX IS THE TAX THAT EMPLOYERS MUST DEDUCT FROM THE INCOME OF
EMPLOYEES SALARIES WAGES BONUSES ETC AND PAY OVER TO 3!23 EVERY MONTH
%MPLOYEES TAX CONSISTS OF TWO PARTS 3)4% AND 0!9%
7(!4 )3 3)4%
3)4% STANDS FOR 3TANDARD )NCOME 4AX ON %MPLOYEES %MPLOYEES TAX THAT IS
DEDUCTED FROM AN EMPLOYEES INCOME WHEN IT IS BELOW A SPECIFIC THRESHOLD IS
CLASSIFIED AS 3)4% 4HE THRESHOLD FOR IS 2 4HIS MEANS THAT ANYONE
EARNING BELOW 2 IN THE YEAR WILL PAY 3)4%
3)4% IS DEDUCTED BY THE EMPLOYER FROM THE DAILY WEEKLY OR MONTHLY EARNINGS OF AN
EMPLOYEE AND PAID TO 3!23 EVERY MONTH %XAMPLES OF EARNINGS FROM WHICH 3)4% IS
DEDUCTED INCLUDE SALARIES WAGES BONUSES OVERTIME PAY AND FRINGE BENEFITS
7(!4 )3 0!9%
0!9% STANDS FOR 0AY
!S
9OU
%ARN 0!9% IS THE TAX THAT IS DEDUCTED BY AN EMPLOYER
FROM AN EMPLOYEES INCOME WHERE THEIR INCOME IS HIGHER THAN THE 3)4% THRESHOLD IN
OTHER WORDS IF THE INCOME IS HIGHER THAN 2
7(%. -534 !. %-0,/9%% 0!9 4!8
%VERY EMPLOYEE WHO EARNS MORE THAN A CERTAIN AMOUNT KNOWN AS THE THRESHOLD IN
A YEAR OF ASSESSMENT MUST PAY INCOME TAX 4HE THRESHOLD AMOUNT FOR THE
YEAR OF ASSESSMENT IS 2 IF YOU ARE UNDER YEARS OR 2 IF YOU ARE YEARS
AND OLDER )N OTHER WORDS IF YOU ARE YEARS OLD YOU CAN EARN UP TO 2 FOR
THE TAX YEAR WITHOUT HAVING TO PAY TAX IF YOU ARE YEARS OLD AND YOU
EARN 2 FOR THE TAX YEAR YOU WILL ALSO NOT HAVE TO PAY TAX BECAUSE
YOU ARE EARNING BELOW THE TAX THRESHOLDS /NCE YOU EARN MORE THAN THESE AMOUNTS
YOU WILL BE TAXED EITHER ACCORDING TO THE 3)4% OR 0!9% TAX TABLES ON WHAT YOU EARN
! YEAR OF ASSESSMENT FOR AN INDIVIDUAL CONSISTS OF TWELVE MONTHS STARTING ON -ARCH
AND ENDING ON THE LAST DAY OF &EBRUARY OF THE FOLLOWING YEAR 4HE YEAR
OF ASSESSMENT THEREFORE STARTS ON -ARCH AND ENDS ON &EBRUARY
(/7 -5#( 4!8 $/ 9/5 0!9
4HIS DEPENDS ON
s (OW MUCH YOU EARN INCLUDING OVERTIME BONUSES AND FRINGE BENEFITS AND BEFORE
DEDUCTIONS
s 9OUR AGE WHETHER YOU ARE UNDER OR OVER
s 7HETHER YOU ARE A MEMBER OF AN OFFICIALLY RECOGNISED PENSION FUND OR PAY
TOWARDS A RETIREMENT ANNUITY FUND 4HE AMOUNT YOU PAY INTO A PENSION SCHEME
OR A RETIREMENT ANNUITY FUND CAN BE $%$5#4%$ FROM YOUR WAGE BEFORE TAX IS
CALCULATED 4HIS MEANS YOU WILL PAY LESS TAX BECAUSE THE TAX IS WORKED OUT ON A
LOWER INCOME 5NDER 3)4% ONLY CONTRIBUTIONS TO A PENSION FUND OR A RETIREMENT
ANNUITY FUND CAN BE DEDUCTED FROM THE WAGE #ONTRIBUTIONS TO A 0ROVIDENT &UND
CANNOT BE DEDUCTED
!FTER THE DEDUCTION FOR PENSION OR A RETIREMENT ANNUITY FUND THE REST OF YOUR WAGE
IS TAXED ACCORDING TO DIFFERENT RATES 4HE RATE YOU PAY DEPENDS ON HOW MUCH YOU
EARN AND IS CALCULATED FROM TAX TABLES ISSUED BY THE 3OUTH !FRICAN 2EVENUE 3ERVICES
3!23
4HE TAX TABLES WILL DETERMINE WHAT RATE OF TAX YOU WILL HAVE TO PAY
7(!4 ).&/2-!4)/. -534 9/5 ')6% 4/ %-0,/9%23
7HEN YOU BECOME EMPLOYED YOU MUST FILL IN AN )20 FORM 4HE TAX DEDUCTED
DEPENDS ON THE INFORMATION THAT YOU FILL IN ON THIS FORM
)F YOU ARE OVER YEARS OLD YOU MUST NOTIFY YOUR EMPLOYER !LSO TELL THE EMPLOYER
IF YOU PAY TOWARDS A RETIREMENT ANNUITY FUND BECAUSE YOU WILL THEN PAY LESS TAX
)F YOU DO NOT FILL IN AN )20 FORM AT ALL THE EMPLOYER WILL TAX YOU AT THE HIGHEST
POSSIBLE RATE
2%"!4%3
! REBATE IS AN AMOUNT OF MONEY TAKEN OFF THE TAX AFTER YOUR TAX RATE HAS BEEN
WORKED OUT 4HIS MEANS THE TAX YOU PAY IS LOWER 9OU CAN GET DIFFERENT TYPES OF
REBATES 4HERE IS A PRIMARY REBATE AND AN AGE REBATE IF YOU ARE OVER YEARS
4!8 /. "/.53 0!9 !.$ 2%42%.#(-%.4 0!9
"ONUS PAY IS ALWAYS ADDED TO THE WAGE AND THEN THE WHOLE AMOUNT IS TAXED 3O THE
INCOME THAT IS TAXED IS HIGHER THAN THE NORMAL WAGE AND THE TAX YOU PAY WILL ALSO
BE HIGHER
0!24
4)-% 7/2+ !.$ #!35!, 7/2+
0!9% MUST BE DEDUCTED AT A RATE OF IN RESPECT OF ALL EMPLOYEES WHO
s 7ORK FOR AN EMPLOYER FOR LESS THAN HOURS PER WEEK /2
s 7ORK FOR AN EMPLOYER FOR AN UNSPECIFIED PERIOD
%XAMPLES INCLUDE
s ! PERSON EMPLOYED ON A DAILY BASIS WHO IS PAID DAILY AND WHO GETS PAID MORE
THAN 2 PER DAY
s #ASUAL COMMISSIONS PAID FOR EXAMPLE SPOTTERS FEES
s #ASUAL PAYMENTS TO CASUAL WORKERS FOR IRREGULAROCCASIONAL SERVICES
s (ONORARIA PAID TO OFFICE BEARERS OF ORGANISATIONS CLUBS
4HE FOLLOWING PEOPLE ARE EXEMPT FROM THIS
s )F AN EMPLOYEE WORKS REGULARLY FOR LESS THAN HOURS PER WEEK AND PROVIDES THE
EMPLOYER WITH A WRITTEN UNDERTAKING THAT HE OR SHE DOES NOT WORK FOR ANYONE
ELSE THEN THEY WILL BE REGARDED AS BEING IN STANDARD EMPLOYMENT AND TAX MUST
BE DEDUCTED ACCORDING TO THE NORMAL WEEKLY OR MONTHLY TABLES
s !N EMPLOYEE WHO IS IN STANDARD EMPLOYMENT IN OTHER WORDS WHO WORKS FOR ONE
EMPLOYER FOR AT LEAST HOURS PER WEEK
s 0ENSIONS PAID TO PENSIONERS
4!8 !33%33-%.43
/NCE A YEAR YOUR EMPLOYER MUST ISSUE YOU WITH AN )20 TAX CERTIFICATE THAT SHOWS
THE TOTAL WAGES THAT YOU EARNED AND THE TOTAL TAX THAT WAS DEDUCTED
)F YOU EARN LESS THAN 2 A YEAR YOU WILL NOT HAVE TO SUBMIT A TAX RETURN
)F YOU EARN MORE THAN 2 A YEAR THE 3!23 DOES AN ASSESSMENT OF YOUR
EARNINGS WHEN YOU FILL IN A @TAX RETURN 9OU FILL IN A TAX RETURN FORM AND SEND IT
WITH THE )20 TO THE 3!23
!SSESSMENT MEANS CHECKING UP ON THE TAX YOU PAY TO MAKE SURE YOU HAVENT PAID
TOO MUCH OR TOO LITTLE TAX
0ENSION AND PROVIDENT FUNDS
4HE MAIN AIM OF A PENSION OR PROVIDENT FUND IS TO PROVIDE BENEFITS FOR ITS MEMBERS
WHEN THEY RETIRE FROM EMPLOYMENT 4HE FUND ALSO USUALLY PAYS BENEFITS WHEN
A MEMBER DIES WHILE STILL WORKING OR IS UNABLE TO WORK BECAUSE OF ILLNESS OR IS
RETRENCHED
4HE MAIN DIFFERENCE BETWEEN A PENSION FUND AND A PROVIDENT FUND IS THAT IF A PENSION
FUND MEMBER RETIRES THE MEMBER GETS ONE THIRD OF THE TOTAL BENEFIT IN A CASH LUMP
SUM AND THE OTHER TWO
THIRDS IS PAID OUT IN THE FORM OF A PENSION OVER THE REST OF
THE MEMBERgS LIFE
! PROVIDENT FUND MEMBER CAN GET THE FULL BENEFIT PAID IN A CASH LUMP SUM 0ENSION
FUNDS ALSO OFFER BETTER TAX BENEFITS TO EMPLOYEES !N EMPLOYEES CONTRIBUTIONS TO A
PENSION FUND ARE DEDUCTIBLE FOR TAX WHILE CONTRIBUTIONS TO A PROVIDENT FUND ARE NOT
4HERE ARE ADVANTAGES AND DISADVANTAGES TO BOTH TYPES OF FUNDS )T WILL DEPEND ON A
PERSONS OWN FINANCIAL NEEDS (OWEVER ONE OF THE STRONGEST ARGUMENTS IN FAVOUR OF
PROVIDENT FUNDS AND THE LUMP SUM PAYMENT CONCERNS THE MEANS TEST USED TO WORK
OUT WHETHER A PERSON QUALIFIES FOR A STATE OLD AGE PENSION
5SUALLY IF A PERSON RECEIVES A PRIVATE PENSION THAT PERSON IS DISQUALIFIED FROM
RECEIVING A STATE OLD
AGE PENSION )F A PERSON GETS A LUMP SUM PAYMENT THEN THAT
PERSON MAY ALSO QUALIFY FOR A STATE PENSION IN SOME CASES
(/7 $/%3 ! 0%.3)/. /2 02/6)$%.4 &5.$ 7/2+
)F IT IS A WORKPLACE PENSION FUND MONEY GOES INTO THE FUND THROUGH CONTRIBUTIONS
FROM EMPLOYERS AND EMPLOYEES !N EMPLOYEE CANNOT GET MONEY BACK FROM A FUND
EXCEPT AS BENEFITS ACCORDING TO THE FUND RULES %MPLOYEES CAN ALSO INVEST PRIVATELY
IN THEIR OWN PENSION OR PROVIDENT FUNDS WHERE THERE IS NO WORKPLACE PENSION OR
PROVIDENT SCHEME IN PLACE
490%3 /& &5.$3 !.$ "%.%&)43
$IFFERENT WORKPLACE FUNDS HAVE DIFFERENT KINDS OF BENEFITS FOR EXAMPLE
s WITHDRAWAL BENEFITS n PAID TO EMPLOYEES WHO RESIGN OR ARE DISMISSED
EMPLOYEE GETS OWN CONTRIBUTIONS ONLY
s RETRENCHMENT BENEFITS n PAID TO EMPLOYEES WHO ARE RETRENCHED
s RETIREMENT BENEFITS n PAID TO EMPLOYEES WHEN THEY RETIRE AT WOMEN
MEN AMOUNT PAID OUT DEPENDS ON HOW LONG EMPLOYEE WAS CONTRIBUTING
s INSURED BENEFITS n INCLUDING BENEFITS PAID TO AN EMPLOYEE WHO IS DISABLED AND
BENEFITS PAID TO THE DEPENDANTS OF AN EMPLOYEE WHO DIES
.OT ALL FUNDS PROVIDE ALL THESE BENEFITS 4O UNDERSTAND HOW ANY FUND WORKS
THE MEMBER MUST READ THE RULES OF THE FUND
"!2'!).).' #/5.#), &5.$3
! PENSION OR PROVIDENT FUND MAY BE ESTABLISHED BY A "ARGAINING #OUNCIL
!GREEMENT 4HE "ARGAINING #OUNCIL !GREEMENT WILL LAY DOWN THE RULES FOR THE
PENSION OR PROVIDENT FUND 5SUALLY ALL EMPLOYEES WHO FALL UNDER A "ARGAINING
#OUNCIL !GREEMENT HAVE TO BECOME MEMBERS OF ANY FUND SET UP BY THAT "ARGAINING
#OUNCIL UNLESS THEIR EMPLOYER HAS DE
REGISTERED FROM THE FUND AND SET UP THEIR
OWN FUND
"ARGAINING #OUNCIL FUNDS DO NOT ALLOW AN EMPLOYEE TO WITHDRAW BENEFITS IF HE OR
SHE LEAVES ONE COMPANY TO GO AND WORK FOR ANOTHER COMPANY IN THE SAME INDUSTRY
5SUALLY AN EMPLOYEE CAN ONLY WITHDRAW BENEFITS AFTER A YEAR OF LEAVING THE
COMPANY IF HE OR SHE IS STILL UNEMPLOYED OR WAS RE
EMPLOYED OUTSIDE THE INDUSTRY
)F THE EMPLOYEE IS RE
EMPLOYED IN THE SAME INDUSTRY BEFORE ONE YEAR IS UP THEN
CONTRIBUTIONS CARRY ON AS IF THERE WAS NO CHANGE IN JOB
#/-0,!).43 !"/54 0!9-%.43 &2/- 0%.3)/. &5.$3
!NY PERSON WHO HAS A COMPLAINT ABOUT BENEFITS FROM A PENSION FUND CAN MAKE
A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR 3EE PAGE -ODEL LETTER
(OW TO WRITE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR PAGE 2ESOURCES
FOR CONTACT DETAILS OF THE 0ENSION &UNDS !DJUDICATOR
4(% 0%.3)/. &5.$3 !$*5$)#!4/2
4HE LAW SAYS YOU MUST FIRST SEND YOUR COMPLAINT IN WRITING TO THE PENSION FUND
OR TO THE EMPLOYER 4HE PENSION FUND OR EMPLOYER THEN HAS DAYS TO REPLY TO
THE COMPLAINT )F THEY DONgT REPLY OR IF YOU ARE NOT SATISFIED WITH THE REPLY THEN YOU
CAN SEND AN OFFICIAL COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR )NCLUDE YOUR LETTER
TO THE PENSION FUND OR EMPLOYER AND THEIR REPLY !FTER YOU HAVE MADE A COMPLAINT
TO THE 0ENSION &UNDS !DJUDICATOR THE !DJUDICATOR GIVES THE PENSION FUND DAYS
TO REPLY /NCE THE !DJUDICATOR HAS RECEIVED THE PENSION FUNDgS REPLY THEY WILL LOOK
AT THE FACTS AND DECIDE WHO IS RIGHT
4HE 0ENSION &UNDS !DJUDICATOR DOES NOT DEAL WITH GOVERNMENT PENSION FUNDS )F
A PERSON WHO WORKS FOR THE GOVERNMENT HAS GOT A COMPLAINT ABOUT A GOVERNMENT
PENSION THEN THEY MUST SEND THEIR COMPLAINT TO THE 0UBLIC 0ROTECTOR 3EE PAGE
0ROBLEM -AKING A COMPLAINT TO THE 0UBLIC 0ROTECTOR
4HERE IS NO CHARGE TO MAKE A COMPLAINT WITH THE 0ENSION &UNDS !DJUDICATOR
7(/ #!. -!+% ! #/-0,!).4
4/ 4(% 0%.3)/. &5.$3 !$*5$)#!4/2
4HE FOLLOWING PEOPLE CAN MAKE A COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR
s A MEMBER OR FORMER MEMBER OF A PENSION FUND
s A BENEFICIARY OF A FUND OR A FORMER BENEFICIARY OF A FUND
A BENEFICIARY IS SOMEONE WHO IS WRITTEN DOWN IN YOUR PENSION FUND AGREEMENT
TO GET THE MONEY FROM YOUR PENSION FUND FOR EXAMPLE YOUR FAMILY IF YOU DIE
s AN EMPLOYER WHO PARTICIPATES IN A WORKPLACE FUND
s A BOARD OR BOARD MEMBER OF A FUND
s ANY PERSON WITH AN INTEREST IN A COMPLAINT
4)-% ,)-)43
9OU MUST GET YOUR COMPLAINT TO THE 0ENSION &UNDS !DJUDICATOR WITHIN YEARS
OF THE PROBLEM ARISING
-EDICAL AID SCHEMES FOR EMPLOYEES
! MEDICAL AID SCHEME HELPS MEMBERS TO PAY FOR THEIR HEALTH NEEDS SUCH AS NURSING
SURGERY DENTAL WORK AND HOSPITAL ACCOMMODATION )T IS A TYPE OF INSURANCE SCHEME
&OR THIS SERVICE MEMBERS AND THEIR EMPLOYERS PAY REGULAR CONTRIBUTIONS TO THE
SCHEME 4HE LAW SAYS THAT MEDICAL AID SCHEMES MUST PAY FOR MEDICAL EXPENSES
SUCH AS HOSPITAL DOCTOR AND DENTIST BILLS MEDICINES AND OTHER MEDICAL SERVICES LIKE
SPECIAL DENTISTRY AND PHYSIOTHERAPY 3OME SCHEMES OFFER MORE THAN THIS
!$6!.4!'%3 !.$ $)3!$6!.4!'%3
/& -%$)#!, !)$ 3#(%-%3
4HE ADVANTAGES OF A MEDICAL AID SCHEME ARE THAT
s IT PROTECTS EMPLOYEES IF THEY SUDDENLY HAVE TO PAY LARGE UNEXPECTED MEDICAL
COSTS AND THEY DONgT HAVE TO DELAY THEIR MEDICAL TREATMENT BECAUSE THEY DONgT
HAVE ANY MONEY
s EMPLOYEES GET BETTER MEDICAL CARE BECAUSE THEY ARE LOOKED AFTER BY PRIVATE
DOCTORS CLINICS AND SPECIALISTS INSTEAD OF OVERCROWDED PUBLIC HOSPITALS
4HE DISADVANTAGES OF A MEDICAL AID SCHEME ARE
s )T IS EXPENSIVE AND FEES ARE ALWAYS INCREASING
s )F AN EMPLOYEE HAS DEPENDANTS IN THE RURAL AREAS IT DOES NOT HELP TO HAVE
MEDICAL AID BECAUSE THERE ARE NO PRIVATE HEALTH CARE FACILITIES
s 4HERE ARE OFTEN MANY HIDDEN COSTS IN THE SCHEMES AND THE SCHEME MIGHT ONLY
PAY A SMALL PERCENTAGE OF THE COSTS AND THE EMPLOYEE HAS TO PAY THE REST
s 3OME SCHEMES SET LIMITS FOR BENEFITS FOR EXAMPLE A SCHEME COULD SET A LIMIT OF
2 PER YEAR FOR MEDICINES PRESCRIBED BY A DOCTOR FOR A SINGLE MEMBER )F THE
MEMBER NEEDS TO BUY MORE THAN 2 WORTH OF MEDICINES IN A YEAR SHE OR HE
WILL HAVE TO PAY FOR ANY COSTS OF MEDICINES ABOVE THIS LIMIT
s 3OME MEDICAL COSTS ARE COMPLETELY EXCLUDED FROM MEDICAL AID SCHEMES
%MPLOYEES MUST THEN PAY FOR THESE COSTS THEMSELVES EVEN THOUGH THEY ARE
PAYING INTO THE MEDICAL AID FUND EVERY MONTH
-%$)#!, 3#(%-%3 !#4
4HE -EDICAL 3CHEMES !CT .O OF HAS MADE THE FOLLOWING CHANGES
TO MEDICAL AID SCHEMES
s THERE MUST BE STANDARD
RATE FEES FOR PEOPLE TO JOIN MEDICAL AID SCHEMES
REGARDLESS OF THEIR HEALTH OR AGE
s THERE CAN BE NO DISCRIMINATION ON GROUNDS OF PEOPLESg HEALTH FOR EXAMPLE
REFUSING TO ALLOW A PERSON TO JOIN A MEDICAL AID SCHEME BECAUSE THEY ARE
()6
POSITIVE OR BECAUSE THEY HAVE ASTHMA OR DIABETES
s THE DEFINITION OF DEPENDANTS INCLUDES SPOUSES HUSBAND OR WIFE AND NATURAL AND
ADOPTED CHILDREN
4HIS MEANS THAT PEOPLE LIVING WITH ()6 OR !)$3 CAN NO LONGER BE TURNED AWAY FROM
MEDICAL AID SCHEMES ON GROUNDS OF THEIR MEDICAL CONDITION 4HE MINIMUM MEDICAL
BENEFITS INCLUDED FOR ()6
RELATED ILLNESSES INCLUDE HOSPITAL ADMISSIONS AS WELL AS
NECESSARY MEDICAL TREATMENT 4HE TREATMENT FOR PEOPLE WITH !)$3
RELATED ILLNESSES
ALSO CONTINUES UNTIL DEATH
4HE !CT ALSO SETS OUT A COMPLAINTS PROCEDURE FOR PEOPLE WHO HAVE A COMPLAINT
AGAINST A MEDICAL AID SCHEME
3KILLS $EVELOPMENT !CT
4HE 3KILLS $EVELOPMENT !CT .O OF WAS PASSED IN ORDER TO DEVELOP AND
IMPROVE THE SKILLS OF PEOPLE IN THE WORKPLACE 4HE !CT DOES THE FOLLOWING
s PROVIDES A FRAMEWORK FOR THE DEVELOPMENT OF SKILLS OF PEOPLE AT WORK
s BUILDS THESE DEVELOPMENT PLANSSTRATEGIES INTO THE .ATIONAL 1UALIFICATIONS
&RAMEWORK
s PROVIDES FOR LEARNERSHIPS THAT LEAD TO RECOGNISED OCCUPATIONAL QUALIFICATIONS
s PROVIDES FOR THE FINANCING OF SKILLS DEVELOPMENT BY MEANS OF A LEVY
GRANT SCHEME
AND A .ATIONAL 3KILLS &UND
4HE $EPARTMENT OF ,ABOUR HAS PUBLISHED A GUIDE CALLED @!N EMPLOYERS GUIDE TO THE
3KILLS $EVELOPMENT ,EVY )F YOU NEED MORE INFORMATION CONTACT YOUR NEAREST ,ABOUR
#ENTRE FOR A COPY
4(% .!4)/.!, 15!,)&)#!4)/.3 &2!-%7/2+ .1&
4HE .1& IS A PLAN FOR EDUCATION AND TRAINING 4HE AIM IS FOR PEOPLE TO CONTINUE
ACCUMULATING QUALIFICATION CREDITS AS THEY LEARN AND WORK 4HE 3KILLS $EVELOPMENT
!CT DEFINES THE FOLLOWING STRUCTURES TO IMPLEMENT THE .1&
3OUTH !FRICAN 1UALIFICATIONS !UTHORITY 3!1! n 4HIS IS THE BODY RESPONSIBLE FOR
OVERSEEING THE DEVELOPMENT AND IMPLEMENTATION OF THE .1& AND IT IS ACCOUNTABLE
TO THE $EPARTMENTS OF ,ABOUR AND OF %DUCATION 3!1! ESTABLISHES .ATIONAL
3TANDARDS "ODIES 3TANDARDS 'ENERATING "ODIES AND %DUCATION AND 4RAINING 1UALITY
!SSURERS
.ATIONAL 3TANDARDS "ODIES .3" n 4HESE BODIES SET STANDARDS ABOUT WHAT NEEDS TO
BE LEARNT IN ONE PARTICULAR FIELD OF LEARNING 3!1! HAS ESTABLISHED FIELDS OF LEARNING
SUCH AS !GRICULTURE #OMMUNICATION -ANUFACTURING EACH WITH OWN SUB
FIELDS
3TANDARDS 'ENERATING "ODIES 3'"S n !N 3'" DEVELOPS STANDARDS CALLED UNIT
STANDARDS AND QUALIFICATIONS IN A PARTICULAR SUB
FIELD OF LEARNING
%DUCATION AND 4RAINING 1UALITY !SSURERS n !NYONE WHO WANTS TO PROVIDE EDUCATION
AND TRAINING WILL HAVE TO BE APPROVED BY AN %DUCATION AND 4RAINING 1UALITY !SSURER
%DUCATION AND 4RAINING 1UALITY !SSURERS WILL ISSUE QUALIFICATION CERTIFICATES TO
LEARNERS
3ECTOR %DUCATION AND 4RAINING !UTHORITIES 3%4!S n %ACH SEPARATE ECONOMIC
SECTOR HAS ONE 3%4! 4HERE ARE 3%4!S ALTHOUGH THE GOVERNMENT IS WANTING TO
CONSOLIDATE A NUMBER OF THESE WHICH MEANS THERE WOULD BE FEWER 3%4!S WHICH
COVER ALL WORK SECTORS IN 3OUTH !FRICA INCLUDING GOVERNMENT SECTORS !LL EMPLOYERS
MUST CHOOSE WHICH 3%4! THEIR BUSINESS FALLS UNDER 7ITHIN ITS OWN SECTOR 3%4!
MUST DEVELOP AND IMPLEMENT A SKILLS DEVELOPMENT PLAN INCLUDING WORKPLACE SKILLS
DEVELOPMENT PLANS ACT AS THE %DUCATION AND 4RAINING 1UALITY !SSURER AND PAY OUT
3KILLS $EVELOPMENT 'RANTS
4(% 3+),,3 $%6%,/0-%.4 ,%69
'2!.4 3#(%-%
4HE 3KILLS $EVELOPMENT ,EVY WAS ESTABLISHED UNDER THE 3KILLS $EVELOPMENT !CT
! LEVY IS AN AMOUNT OF MONEY THAT EMPLOYERS HAVE TO PAY TO THE 3OUTH !FRICAN
2EVENUE 3ERVICE 3!23 FOR SKILLS DEVELOPMENT OF EMPLOYEES )F EMPLOYEES UNDERGO
TRAINING THEN THE EMPLOYER CAN CLAIM THIS AMOUNT BACK FROM THE RELEVANT 3%4!
0!9).' 4(% 3+),,3 $%6%,/0-%.4 ,%69
!N EMPLOYER MUST PAY A SKILLS DEVELOPMENT LEVY EVERY MONTH IF
s THE EMPLOYER HAS REGISTERED THE EMPLOYEES WITH 3!23 FOR TAX PURPOSES 0!9%
ANDOR
s THE EMPLOYER PAYS OVER 2 A YEAR IN SALARIES AND WAGES TO THEIR EMPLOYEES
EVEN IF THEY ARE NOT REGISTERED FOR 0!9% WITH 3!23
s !N EMPLOYER MUST PAY OF THE TOTAL AMOUNT PAID IN SALARIES TO EMPLOYEES
INCLUDING OVERTIME PAYMENTS LEAVE PAY BONUSES COMMISSIONS AND LUMP SUM
PAYMENTS
4HE EMPLOYER MUST REGISTER WITH 3!23 AND PAY THE LEVY MONTHLY 3!23 WILL SUPPLY
THE CORRECT FORMS TO FILL IN 3$, RETURN FORM 4HE LEVY MUST BE PAID TO 3!23
NOT LATER THAN DAYS AFTER THE END OF EVERY MONTH
(/7 !2% 4(% ,%6)%3 53%$
4HE LEVIES PAID TO 3!23 ARE PUT IN A SPECIAL FUND OF THE MONEY FROM THIS FUND
WILL BE DISTRIBUTED TO THE DIFFERENT 3%4!S AND THE OTHER WILL BE PAID INTO THE
.ATIONAL 3KILLS &UND 4HE 3%4!S WILL THEN PAY GRANTS TO EMPLOYERS WHO APPOINT A
3KILLS $EVELOPMENT &ACILITATOR 4HE .ATIONAL 3KILLS &UND WILL FUND SKILLS DEVELOPMENT
PROJECTS THAT DONgT FALL UNDER THE 3%4!S
'%44).' ! 3+),,3 $%6%,/0-%.4 '2!.4
!N EMPLOYER CAN GET MONEY BACK FROM THE 3%4! OR THE .ATIONAL 3KILLS &UND TO
USE ON TRAINING AND DEVELOPING THEIR OWN EMPLOYEESg SKILLS 4O QUALIFY FOR A 3KILLS
$EVELOPMENT 'RANT AN EMPLOYER MUST
s HAVE PAID SKILLS DEVELOPMENT LEVIES
s HAVE A 3KILLS $EVELOPMENT &ACILITATOR
s FOLLOW ALL THE RULES AND REGULATIONS IN THE !CT
!N EMPLOYER CAN GET BACK OR MORE OF THE LEVIES THEY PAID TO 3!23 4HESE
GRANTS ARE CALLED 'RANTS ! " # AND $ 4HIS IS HOW THE GRANT SYSTEM WORKS
'RANT ! n 7HEN AN EMPLOYER APPOINTS AND REGISTERS A 3KILLS $EVELOPMENT &ACILITATOR
THEN 'RANT ! IS PAID BACK TO THE EMPLOYER 4HIS IS OF THE LEVY PAID TO 3!23 BY
THE EMPLOYER %MPLOYERS CAN ONLY GET 'RANTS " # AND $ IF THEY HAVE GOT 'RANT !
'RANT " n 7HEN THE EMPLOYER SENDS IN A WORKPLACE SKILLS PLAN TO THE RELEVANT 3%4!
AND THE 3%4! APPROVES THE PLAN THEN 'RANT " IS PAID 4HIS IS OF THE LEVY PAID
TO 3!23 BY THE EMPLOYER %MPLOYERS CAN ONLY GET 'RANT # IF THEY HAVE GOT 'RANT "
'RANT # n 7HEN THE EMPLOYER SENDS AN ANNUAL TRAINING REPORT BASED ON THE
APPROVED WORKPLACE SKILLS PLAN THEN 'RANT # IS PAID 4HIS IS OF THE LEVY PAID TO
3!23 BY THE EMPLOYER
'RANT $ n 3%4!S MAY PAY OUT GRANT $ FOR SPECIFIC SECTOR SKILLS INITIATIVES IN THE
WORKPLACE 'RANT $ IS OF THE LEVY PAID TO THE &UND BY THE EMPLOYER
)F EMPLOYERS DO NOT MEET THE REQUIREMENTS FOR RECOVERING A GRANT THEN THEY LOSE
THE GRANT
3+),,3 $%6%,/0-%.4 &!#),)4!4/23
4HE 3KILLS $EVELOPMENT !CT MAKES PROVISION FOR THE EMPLOYMENT AND USE OF A 3KILLS
$EVELOPMENT &ACILITATOR BY AN EMPLOYER 4HIS PERSON IS RESPONSIBLE FOR DEVELOPING
AND PLANNING THE SKILLS DEVELOPMENT STRATEGY OF A BUSINESS FOR A SPECIFIC PERIOD
4HE 3KILLS $EVELOPMENT &ACILITATOR MUST DO THE FOLLOWING TASKS
s HELP THE EMPLOYER AND EMPLOYEES TO DEVELOP A WORKPLACE SKILLS PLAN
s SEND THE WORKPLACE SKILLS PLAN TO THE RELEVANT 3%4!
s ADVISE THE EMPLOYER ON HOW TO IMPLEMENT THE WORKPLACE SKILLS PLAN
s HELP THE EMPLOYER TO DRAFT AN ANNUAL TRAINING REPORT BASED ON THE WORKPLACE
SKILLS PLAN
s ADVISE THE EMPLOYER ON THE REQUIREMENTS SET BY THE RELEVANT 3%4!
s SERVE AS THE CONTACT PERSON BETWEEN THE EMPLOYER AND THE RELEVANT 3%4!
!N EMPLOYER CAN APPOINT AN EMPLOYEE OR A FORMALLY CONTRACTED PERSON FROM OUTSIDE
THE BUSINESS TO PERFORM THE FUNCTIONS OF A 3KILLS $EVELOPMENT &ACILITATOR
02/",%-3
-ONEY IS DEDUCTED FROM AN EMPLOYEEgS WAGES
*ERRY IS A PETROL PUMP ATTENDANT WHO WORKS FOR 3PEEDY 'ARAGE (E COMES TO YOU
WITH A PROBLEM (E IS IN CHARGE OF TAKING MONEY FROM THE OTHER PETROL PUMP
ATTENDANTS AND OF GIVING THEM THEIR CHANGE !T THE END OF EVERY DAY THE MONEY
IS CASHED UP BY THE CASHIER /N THE DAYS WHEN THE MONEY IS SHORT THIS IS NOTED IN
A BOOK !T THE END OF THE WEEK ALL THESE SHORTAGES ARE COUNTED UP AND THE TOTAL
AMOUNT IS DEDUCTED FROM *ERRYS WAGES &ROM THE PAY SLIPS THAT HE BRINGS TO YOU IT
SEEMS THAT EVERY WEEK DEDUCTIONS ARE MADE FOR SHORTAGES
7(!4 $/%3 4(% ,!7 3!9
4HE LAW SAYS THAT AN EMPLOYER CANNOT MAKE DEDUCTIONS FROM THE WAGES OF AN
EMPLOYEE EXCEPT IN CERTAIN CIRCUMSTANCES 3EE PAGE $EDUCTIONS
7(!4 #!. 9/5 $/
9OU CAN TAKE THE FOLLOWING STEPS
&IND OUT WHETHER THE EMPLOYEE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT
OR 7AGE $ETERMINATION OR OTHER AGREEMENT ABOUT TERMS AND CONDITIONS OF
EMPLOYMENT )N THIS CASE *ERRY IS COVERED BY THE "ARGAINING #OUNCIL !GREEMENT
FOR THE MOTOR INDUSTRY 4HIS AGREEMENT SAYS THAT ANY DEDUCTIONS FROM WAGES ARE
UNLAWFUL 3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE
#ONTACT THE MANAGER OF THE GARAGE AND ASK HIM OR HER FOR THE REASONS FOR THE
DEDUCTIONS %XPLAIN THAT SUCH DEDUCTIONS ARE UNLAWFUL 1UOTE THE SECTION NUMBER
FROM THE "ARGAINING #OUNCIL !GREEMENT
7RITE A LETTER TO THE EMPLOYER GIVING ALL THE DETAILS OF THE DEDUCTIONS THE WEEKS
THE AMOUNTS DEDUCTED AND THE AMOUNT THE EMPLOYEE IS CLAIMING 3EE PAGE
-ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY
)F THE EMPLOYER WILL NOT PAY BACK THE AMOUNTS OWING TO *ERRY WRITE A LETTER OF
REFERRAL TO THE "ARGAINING #OUNCIL ASKING THEM TO INVESTIGATE THE PROBLEM %XPLAIN
TO THEM WHAT STEPS YOU HAVE ALREADY TAKEN TO TRY AND SORT OUT THE PROBLEM
3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE
PAY CLAIM
%MPLOYEE WANTS TO CLAIM
NOTICE PAY AND LEAVE PAY
&AIZEL LOST HIS JOB (E WAS DISMISSED WITHOUT ANY NOTICE AND PAID NO MONEY IN LIEU
OF NOTICE (E WAS ALSO NOT PAID ANY LEAVE PAY THAT HE BELIEVES WAS OWING TO HIM
(E DOES NOT WANT TO GET HIS JOB BACK (E ONLY WANTS TO CLAIM THE NOTICE AND LEAVE
MONEY THAT IS OWING TO HIM
7(!4 $/%3 4(% ,!7 3!9
s &AIZEL HAS A RIGHT TO HIS NOTICE AND LEAVE MONEY IF THE DISMISSAL WAS UNFAIR
(OWEVER THERE ARE CASES WHERE AN EMPLOYEE CAN BE SUMMARILY DISMISSED IN
OTHER WORDS WITHOUT NOTICE OR PAYMENT IN LIEU OF NOTICE BUT THE EMPLOYER
WILL HAVE TO PROVE THIS )N ALL CASES THE EMPLOYEE IS ENTITLED TO PAYMENT OF ANY
OUTSTANDING LEAVE PAY
s 4HE AMOUNT OF NOTICE AND LEAVE PAY OWING TO HIM DEPENDS ON WHICH WAGE
REGULATING MEASURE HE FALLS UNDER 3EE PAGE (OW DO YOU KNOW WHICH LAW
APPLIES TO AN EMPLOYEE
s )F &AIZEL WAS UNFAIRLY DISMISSED HE MAY BE ABLE TO CLAIM COMPENSATION FROM
THE EMPLOYER 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK
(OW TO APPLY FOR REINSTATEMENT OR COMPENSATION
7(!4 #!. 9/5 $/
9OU CAN TAKE THESE STEPS TO CLAIM THE MONEY OWING
#HECK WHICH WAGE REGULATING MEASURE PROTECTS THIS PARTICULAR INDUSTRY IN
OTHER WORDS WHETHER IT IS A "ARGAINING #OUNCIL !GREEMENT OR 7AGESECTORAL
$ETERMINATION OR THE "ASIC #ONDITIONS OF %MPLOYMENT !CT AND WORK OUT WHAT
AMOUNTS ARE OWING BY THE EMPLOYER TO &AIZEL FOR PAYMENT IN LIEU OF NOTICE AND
OUTSTANDING LEAVE PAY
7RITE A LETTER TO THE EMPLOYER STATING &AIZELS CLAIM 3EE PAGE -ODEL LETTER
OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY
)F THE EMPLOYER REFUSES TO PAY &AIZEL THE MONEY THAT IS OWING REFER HIM WITH
A COVERING LETTER TO THE RELEVANT "ARGAINING #OUNCIL OR $EPARTMENT OF ,ABOUR
!LTERNATIVELY POST THE LETTER 4HE LETTER MUST SAY EXACTLY WHAT THE CLAIM IS AND
WHAT STEPS HAVE BEEN TAKEN TO SORT OUT THE PROBLEM )F THE EMPLOYER IS FOUND
GUILTY OF NOT COMPLYING WITH THE "ARGAINING #OUNCIL !GREEMENT OR THE "#%! THE
RELEVANT INSPECTOR CAN ORDER THE EMPLOYER TO PAY &AIZEL )F THE EMPLOYER REFUSES
TO PAY HIM THE INSPECTOR CAN REFER THE MATTER TO THE $IRECTOR 'ENERAL OF ,ABOUR
3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A NOTICE AND LEAVE
PAY CLAIM
&AIZEL HAS THE RIGHT TO BRING A PRIVATE CIVIL CLAIM AGAINST THE EMPLOYER EITHER IN
THE 3MALL #LAIMS #OURT OR IN THE -AGISTRATEgS #OURT 3EE PAGE 3MALL #LAIMS #OURT
3EE PAGE 3UMMARY OF PROVISIONS IN THE "#%! IF HE FALLS UNDER THE "#%!
0AGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE
BASED
COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION
%MPLOYEE IS PAID BELOW THE MINIMUM WAGE
4HABISO IS EMPLOYED BY &IX
IT 4ILES 4HE COMPANY MAKES PLASTIC FLOOR TILES 3HE THINKS
THAT THEY PAY HER LESS THAN THE MINIMUM WAGE WHICH THE LAW SAYS SHE SHOULD BE
PAID 3HE WANTS TO KNOW IF THIS IS CORRECT
7(!4 $/%3 4(% ,!7 3!9
s #OLLECTIVE AGREEMENTS "ARGAINING #OUNCIL !GREEMENTS SECTORAL DETERMINATIONS
AND 7AGE $ETERMINATIONS MAY SET OUT MINIMUM WAGES 4HE "ASIC #ONDITIONS OF
%MPLOYMENT !CT "#%! DOES NOT LAY DOWN MINIMUM WAGES )F THE COMPANY IS
ONLY COVERED BY THE "#%! THEN THERE IS NO MINIMUM WAGE THAT THEY HAVE TO PAY
4HABISO SO SHE WILL HAVE NO CLAIM
s 4HABISO HAS THE RIGHT TO CLAIM THE WAGES THAT SHE WAS PROMISED WHEN SHE STARTED
WORKING FOR THE COMPANY
7(!4 #!. 9/5 $/
s #HECK WHICH WAGE REGULATING MEASURE PROTECTS THE COMPANY THAT 4HABISO WORKS
FOR FOR EXAMPLE A "ARGAINING #OUNCIL !GREEMENT OR 7AGE $ETERMINATION "#%!
3EE PAGE (OW DO YOU KNOW WHICH LAW APPLIES TO AN EMPLOYEE
s /NCE YOU HAVE ESTABLISHED THIS CHECK WHETHER THERE IS A MINIMUM WAGE FOR THE
INDUSTRY )F SO FIND OUT WHAT THE MINIMUM WAGE SHOULD BE FOR 4HABISO )F SHE IS
BEING UNDERPAID ACCORDING TO A "#! OR 7AGE $ETERMINATION YOU CAN TAKE THESE
STEPS
n 4ELEPHONE OR WRITE TO THE EMPLOYER AND ASK FOR DETAILS ON WHY 4HABISO IS
BEING UNDERPAID AS THE LAW SAYS THAT A MINIMUM WAGE MUST BE PAID TO HER
3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR NOTICE AND LEAVE PAY
n )F THE EMPLOYER CARRIES ON PAYING BELOW THE MINIMUM WAGE AND REFUSES TO TAKE ANY
NOTICE OF YOUR REQUEST YOU SHOULD REFER THE PROBLEM IN WRITING TO THE "ARGAINING
#OUNCIL IF IT IS AN "ARGAINING #OUNCIL !GREEMENT OR TO THE $EPARTMENT OF
,ABOUR IF IT IS A 7AGE $ETERMINATION 4HE LETTER MUST SAY EXACTLY WHAT THE CLAIM
IS AND WHAT STEPS HAVE ALREADY BEEN TAKEN TO SORT OUT THE PROBLEM
n %ACH "ARGAINING #OUNCIL AS WELL AS THE $EPARTMENT OF ,ABOUR HAS ITS OWN
PROCEDURES FOR INVESTIGATING COMPLAINTS AND ENFORCING RIGHTS 4HE $EPARTMENT OF
,ABOUR WILL APPOINT AN INSPECTOR TO INVESTIGATE THE COMPLAINT )F THE INSPECTOR
lNDS THE EMPLOYER HAS NOT COMPLIED WITH THE "#%! THE INSPECTOR CAN ORDER
THE EMPLOYER TO PAY 4HABISO BY GIVING THE EMPLOYER A #OMPLIANCE /RDER )F THE
EMPLOYER REFUSES TO PAY HER THE INSPECTOR CAN REFER THE MATTER TO THE $IRECTOR
'ENERAL OF ,ABOUR 3EE PAGE -ODEL LETTER TO $EPARTMENT OF ,ABOUR ABOUT A
NOTICE AND LEAVE PAY CLAIM
n 4HABISO HAS THE RIGHT TO BRING A PRIVATE CIVIL CLAIM AGAINST THE EMPLOYER EITHER IN
THE 3MALL #LAIMS #OURT OR IN THE -AGISTRATEgS #OURT
s )F 4HABISO IS COVERED BY THE "#%! THEN THERE IS NO MINIMUM WAGE 4HERE IS
NOTHING YOU CAN DO TO HELP HER
3EE PAGE 3UMMARY OF THE PROVISIONS IN THE "#%! IF HE FALLS UNDER THE "#%!
0AGE %NFORCEMENT OF THE "#%! PAGE %NFORCEMENT OF A WORKPLACE
BASED
COLLECTIVE AGREEMENT PAGE %NFORCEMENT OF A SECTORAL DETERMINATION
$ISMISSED EMPLOYEE WANTS THE JOB BACK n HOW
TO APPLY FOR REINSTATEMENT OR COMPENSATION
-AISIE IS DISMISSED FROM HER JOB FOR ONGOING LATENESS IN ARRIVING AT WORK 3HE SAYS
THE DISMISSAL WAS UNFAIR BECAUSE SHE RELIES ON PUBLIC TRANSPORT AND SHE CANT HELP IT
IF THE TRAINS ALWAYS RUN LATE 3HE WANTS TO GET HER JOB BACK
7(!4 $/%3 4(% ,!7 3!9
4HE LAW SAYS THAT A PERSON WHO IS CONSTANTLY LATE FOR WORK WITHOUT GOOD REASON CAN
BE DISMISSED ON GROUNDS OF MISCONDUCT OR INCAPACITY POOR PERFORMANCE )F -AISIE
WAS DISMISSED FOR AN UNFAIR REASON SUBSTANTIVE UNFAIRNESS SHE MAY BE ABLE TO BE
REINSTATED OR COMPENSATED )F SHE WAS DISMISSED FOR GOOD REASON BUT THE EMPLOYER
DIDNgT FOLLOW THE PROPER PROCEDURES PROCEDURAL UNFAIRNESS IT IS MORE LIKELY THAT
SHE WILL BE COMPENSATED BUT NOT REINSTATED 3EE PAGE 3UBSTANTIVE FAIRNESS
PAGE 0ROCEDURAL UNFAIRNESS
7(!4 #!. 9/5 $/
&IND OUT WHETHER SHE REALLY DOES WANT TO BE REINSTATED IN THE SAME JOB OR CLAIM
COMPENSATION FOR BEING UNFAIRLY DISMISSED 3OMETIMES AN EMPLOYEE WHO WAS
UNFAIRLY DISMISSED DOES NOT WANT TO BE REINSTATED OR CLAIM COMPENSATION 4HE
EMPLOYEE ONLY WANTS TO CLAIM OUTSTANDING MONEY FOR NOTICE LEAVE AND SO ON
3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND LEAVE PAY
4HE FOLLOWING IS AN OUTLINE OF THE PROCEDURE YOU CAN FOLLOW AFTER DISMISSAL OF AN
EMPLOYEE )T SHOULD BE FOLLOWED IN ALL CASES WHERE AN EMPLOYEE IS DISMISSED AND
WANTS TO BE REINSTATED OR AT LEAST COMPENSATED
$%4%2-).% 7(%4(%2
(%2 $)3-)33!, -!9 (!6% "%%. 5.&!)2
s !SK -AISIE TO DESCRIBE THE EVENTS LEADING UP TO DISMISSAL &OR EXAMPLE (OW
OFTEN WAS SHE LATE 7HAT WERE HER REASONS (OW DID THIS IMPACT ON HER JOB 7AS
THERE A HEARING ETC -AKE A NOTE OF ALL THE IMPORTANT DATES FOR EXAMPLE WHEN
IF AT ALL SHE RECEIVED WARNINGS IN PARTICULAR NOTE THE DATE ON WHICH SHE WAS
TOLD THAT SHE WAS DISMISSED 3EE PAGE 7HEN IS A DISMISSAL FAIR OR UNFAIR
s !SK HER WHAT REASONS WERE GIVEN FOR HER DISMISSAL IF ANY 7HO DISMISSED HER
s )F SHE WAS DISMISSED FOR MISCONDUCT ASK HER THE FOLLOWING QUESTIONS TO ESTABLISH
THE SUBSTANTIVE AND PROCEDURAL FAIRNESS OF THE DISMISSAL
n $ID SHE KNOW THE CONSEQUENCES OF BEING LATE
n $O ALL PEOPLE WHO ARE LATE GET TREATED IN THE SAME WAY
n 7HAT PREVIOUS WARNINGS OF MISCONDUCT HAS SHE HAD 7HEN WERE THEY GIVEN
7ERE THEY VERBAL OR WRITTEN 7HAT WERE THEY FOR 7HO HANDED OUT THE
WARNINGS
3EE PAGE $ISMISSAL FOR MISCONDUCT
s )F SHE WAS DISMISSED FOR INCAPACITY POOR PERFORMANCE ASK HER THE FOLLOWING
QUESTIONS
n 7HEN SHE WAS LATE WHAT IMPACT DID THIS HAVE ON HER PERFORMANCE AT WORK
n 7AS SHE WARNED THAT HER LATENESS AT WORK WAS UNACCEPTABLE
n 7AS SHE GIVEN THE CHANCE TO IMPROVE HER PERFORMANCE
n 7AS SHE OFFERED ANY ALTERNATIVE OPTIONS FOR EXAMPLE STARTING WORK LATER AND
WORKING IN HER LUNCH BREAK
3EE PAGE $ISMISSAL FOR INCAPACITY
s 7AS SHE GIVEN A FAIR HEARING BEFORE BEING DISMISSED !SK THE FOLLOWING QUESTIONS
n 7AS SHE GIVEN PROPER NOTICE OF THE HEARING BEFORE BEING DISMISSED
n 7AS SHE TOLD WHAT THE CHARGES WERE AGAINST HER
n $ID SHE GET A CHANCE TO PREPARE FOR THE HEARING
3EE PAGE 0ROCEDURAL FAIRNESS
)F THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS g./g THEN THE DISMISSAL OF -AISIE
MAY BE UNFAIR AND SHE SHOULD BE ABLE TO CHALLENGE IT )F SHE STILL WANTS TO GET HER
JOB BACK THEN YOU CAN TAKE THE NEXT STEPS
#(!,,%.').' 4(% $)3-)33!,
2EFER THE UNFAIR DISMISSAL DISPUTE TO THE RELEVANT BODY FOR CONCILIATION
s "ARGAINING #OUNCIL IF SHE IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT
s )F SHE IS COVERED BY A COLLECTIVE AGREEMENT SHE MUST FOLLOW THE DISPUTE
RESOLUTION PROCEDURE IN THE AGREEMENT
s OTHERWISE REFER THE MATTER TO THE ##-!
3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
2ETRENCHMENT
! NUMBER OF EMPLOYEES ARE RETRENCHED FROM A LARGE PAPER FACTORY 4HEY ARE
UNHAPPY ABOUT THE WAY THEY WERE TREATED -ANY OF THEM HAVE OVER TEN YEARS
SERVICE WITH THE BUSINESS
7(!4 $/%3 4(% ,!7 3!9
4HE ,ABOUR 2ELATIONS !CT SAYS THAT A RETRENCHED EMPLOYEE MUST BE PAID AT LEAST
WEEKgS WAGES FOR EVERY FULL YEAR THAT THE EMPLOYEE WORKED FOR THE EMPLOYER
4HIS SEVERANCE PAY IS MONEY PAID TO AN EMPLOYEE FOR LOSING A JOB WHEN THE
EMPLOYEE IS NOT AT FAULT )F EMPLOYEES WERE NOT PAID SEVERANCE PAY OR WERE PAID TOO
LITTLE THEY HAVE A CLEAR RIGHT WHICH MUST BE ENFORCED
4HE ,2! SETS DOWN RULES FOR EMPLOYERS WHO WANT TO RETRENCH EMPLOYEES )F THE
EMPLOYER DOES NOT FOLLOW THESE RULES THEN THE EMPLOYER CAN BE GUILTY OF AN UNFAIR
DISMISSAL
4HE ,ABOUR #OURT WILL NOT READILY REINSTATE EMPLOYEES WHO WERE RETRENCHED IF THE
EMPLOYER CAN SHOW THAT IT WAS ABSOLUTELY NECESSARY TO RETRENCH THOSE EMPLOYEES
"UT IF THE EMPLOYER DID NOT FOLLOW THE CORRECT PROCEDURES THE ,ABOUR #OURT CAN
ORDER THE EMPLOYER TO PAY COMPENSATION MONEY TO THE EMPLOYEES
3EE PAGE 2ETRENCHMENT OR REDUNDANCY DISMISSAL FOR THE REASONS AND
PROCEDURES EMPLOYERS MUST FOLLOW BEFORE RETRENCHMENT
7(!4 #!. 9/5 $/
&IND OUT FROM THE EMPLOYEES IF THEY WANT THEIR JOBS BACK OR TO GET COMPENSATION
FOR LOSING THEIR JOBS OR IF THEY ONLY WANT TO CLAIM SEVERANCE PAY #ONSIDER ALL THE
GUIDELINES FOR RETRENCHMENT GIVEN ABOVE 9OU MAY BELIEVE THAT THE RETRENCHMENT
WAS UNFAIR OR THAT THE PROCEDURE THE EMPLOYER USED TO RETRENCH THE EMPLOYEES WAS
NOT CORRECT
4HE MATTER MUST FIRST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION
AND !RBITRATION ##-! FOR CONCILIATION 3EE PAGE #ONCILIATION BY THE ##-! OR
"ARGAINING #OUNCIL
)& #/.#),)!4)/. )3 5.35##%33&5,
)F THE EMPLOYEES WANT SEVERANCE PAY THEN THE CASE MUST BE REFERRED TO THE ##-!
FOR ARBITRATION
)F EMPLOYEES WANT COMPENSATION OR TO GET THEIR JOBS BACK THEN THE MATTER MUST
BE REFERRED TO THE ,ABOUR #OURT FOR ADJUDICATION 3EE PAGE !RBITRATION BY THE
##-! OR "ARGAINING #OUNCIL PAGE !DJUDICATION BY THE ,ABOUR #OURT
%MPLOYEE DISMISSED FOR BEING DRUNK ON DUTY
n WITH NO PREVIOUS RECORD OF DRUNKENNESS
3MUTS CLAIMS THAT HE WAS DISMISSED FOR BEING DRUNK ON DUTY (E SAYS THIS IS UNFAIR
BECAUSE HE DENIES BEING DRUNK ON DUTY (E SAYS HE HAS NO RECORD OF MISCONDUCT
AND ESPECIALLY NOT DRINKING (E ALSO SAYS HE WAS NOT GIVEN A HEARING BEFORE BEING
DISMISSED (E WANTS YOU TO HELP HIM GET HIS JOB BACK 7HEN YOU TELEPHONE THE
MANAGER 0ETER HE SAYS THAT HE HAS WITNESSES WHO SAW 3MUTS DRUNK ON DUTY 7HEN
YOU ASK HIM WHY HE DID NOT GIVE 3MUTS A DISCIPLINARY HEARING 0ETER SAYS THAT THERE
WAS NO WAY HE COULD HAVE GIVEN 3MUTS A HEARING n HE WAS TOO DRUNK AT THE TIME
3MUTS ADMITS THAT HE HAD BEEN DRINKING THE NIGHT BEFORE BUT HE HAD NOT DRUNK
ANYTHING ON THE DAY THAT HE WAS DISMISSED
7(!4 $/%3 4(% ,!7 3!9
s "EING DRUNK ON DUTY IS AN ACT OF MISCONDUCT SO PROPER DISCIPLINARY PROCEDURES
MUST BE USED TO WORK OUT WHETHER THE EMPLOYEE IS GUILTY OF BEING DRUNK ON DUTY
AND TO DISCIPLINE THE EMPLOYEE
s 4O DETERMINE WHETHER THE EMPLOYEE WAS DRUNK ON DUTY DOES NOT DEPEND ON THE
EMPLOYER GIVING THE EMPLOYEE A BREATHALYSER TEST 4HIS ONLY MEASURES THE CONTENT
OF THE ALCOHOL IN THE BLOOD 4HE BREATHALYSER TEST DOES NOT SAY WHETHER THE
EMPLOYEE WAS DRUNK OR UNDER THE INFLUENCE OF ALCOHOL 9OU CAN ONLY WORK THIS
OUT BY OBSERVING THE EMPLOYEEgS BEHAVIOUR
4HE EMPLOYEEgS BEHAVIOUR WILL TELL THE EMPLOYER WHETHER THE EMPLOYEE WAS
TOO DRUNK TO CARRY OUT HIS OR HER JOB 4HE EMPLOYER WILL HAVE TO SAY HOW THE
EMPLOYEEgS BEHAVIOUR SHOWED HE WAS TOO DRUNK TO CARRY ON WORKING &OR
EXAMPLE DID THE EMPLOYEE SMELL OF ALCOHOL COULD THE EMPLOYEE WALK STRAIGHT
WAS THE SPEECH SLURRED WERE THE EYES BLOODSHOT HOW RATIONAL OR IRRATIONAL
WAS THE EMPLOYEE BEING WAS THE EMPLOYEE ACTING IN A STRANGE WAY WAS THE
EMPLOYEE BEING AGGRESSIVE INSOLENT OR LOUD
s 0ETER SHOULD NOT HAVE DISMISSED 3MUTS WITHOUT FIRST APPLYING CORRECTIVE AND
PROGRESSIVE DISCIPLINE WITH THE AIM OF CORRECTING THE PROBLEM (E SHOULD
HAVE FIRST GIVEN HIM A WARNING )F THE PROBLEM REPEATED ITSELF HE SHOULD HAVE
INSTITUTED OTHER CORRECTIVE MEASURES LIKE COUNSELLING
s 0ETER ALSO DID NOT FOLLOW A FAIR PROCEDURE TO DISMISS 3MUTS INCLUDING GIVING HIM
FAIR NOTICE OF A DISCIPLINARY HEARING AND HOLDING THE HEARING
3EE PAGE $ISMISSAL FOR MISCONDUCT
7(!4 #!. 9/5 $/
4HIS APPEARS TO BE A CLEAR CASE OF UNFAIR DISMISSAL 7RITE TO THE EMPLOYER DEMANDING
THAT 3MUTS BE REINSTATED 3EE PAGE -ODEL LETTER OF DEMAND TO EMPLOYER FOR
REINSTATEMENT )F 0ETER DOES NOT RESPOND TO THE LETTER ANDOR CONTINUES TO REFUSE
TO GIVE 3MUTS HIS JOB BACK YOU CAN REFER AN UNFAIR DISMISSAL DISPUTE TO THE RELEVANT
BODY WITHIN DAYS OF 3MUTS BEING DISMISSED
s THE "ARGAINING #OUNCIL IF 3MUTS IS COVERED BY A "ARGAINING #OUNCIL !GREEMENT
s IF HE IS COVERED BY A COLLECTIVE AGREEMENT FOLLOW THE DISPUTE RESOLUTION
PROCEDURE IN THE AGREEMENT
s OTHERWISE REFER THE MATTER TO THE ##-!
3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK (OW TO APPLY
FOR REINSTATEMENT OR COMPENSATION
%MPLOYEE DISMISSED FOR BEING DRUNK ON DUTY
n THE EMPLOYEE IS SUFFERING FROM ALCOHOLISM
-ANUEL AN EMPLOYEE IS DISMISSED FOR BEING DRUNK ON DUTY "ENNET THE MANAGER
TELLS YOU THAT THIS IS NOT THE FIRST TIME THAT -ANUEL HAS BEEN DRUNK ON DUTY /N AT
LEAST OCCASIONS IN THE PAST MONTHS THEY HAVE FOUND HIM PASSED OUT AT HIS DESK
n TOO DRUNK TO MOVE (E WAS GIVEN DISCIPLINARY WARNINGS ON ALL THREE OCCASIONS
"ENNET SAYS THIS IS THE @LAST STRAW AND HE DOES NOT WANT -ANUEL BACK
7(!4 $/%3 4(% ,!7 3!9
s )F THE EMPLOYEE OFTEN GETS DRUNK AND CANNOT DO THE JOB THEN THE EMPLOYEE
MIGHT BE SUFFERING FROM ALCOHOLISM !LCOHOLISM IS A SICKNESS SO IF AN EMPLOYEE IS
AN ALCOHOLIC THEN BEING DRUNK ON DUTY IS NOT MISCONDUCT BUT RATHER INCAPACITY
IN OTHER WORDS THE EMPLOYEE IS INCAPABLE OF DOING THE JOB PROPERLY
s !LCOHOLISM IS RECOGNISED AS AN ILLNESS IN TERMS OF THE 5NEMPLOYMENT )NSURANCE
!CT 4HIS !CT PROVIDES BENEFITS FOR ALCOHOLICS WHO ARE UNABLE TO WORK BECAUSE
OF THEIR ILLNESS AS LONG AS THEY AGREE TO UNDERGO TREATMENT
s "EFORE DISMISSING THE EMPLOYEE FOR INCAPACITY THE EMPLOYER MUST COUNSEL THE
EMPLOYEE AND ASSIST HIM OR HER WITH GETTING MEDICAL TREATMENT IF NECESSARY
s /NLY IF THE EMPLOYEEgS CONDITION DOES NOT IMPROVE OR THE EMPLOYEEgS ABILITY TO DO
THE JOB PROPERLY DOES NOT IMPROVE SHOULD THE EMPLOYER THINK OF DISMISSING HIM
OR HER
s 4HE EMPLOYER MUST STILL BE ABLE TO PROVE THAT THERE WAS A FAIR REASON AND A FAIR
HEARING BEFORE THE EMPLOYEE IS DISMISSED 3EE PAGE 7HEN IS A DISMISSAL FAIR
OR UNFAIR
7(!4 #!. 9/5 $/
s &IND OUT FROM -ANUEL WHETHER IT IS TRUE THAT HE HAS BEEN GIVEN WARNINGS
FOR BEING DRUNK ON DUTY
s &IND OUT WHETHER HE RECEIVED ANY COUNSELLING FOR gPERSISTENT ALCOHOLIC TENDENCIESg
s $ID -ANUEL HAVE A HEARING BEFORE BEING DISMISSED
s )F THERE WAS NO COUNSELLING AND NO HEARING BEFORE BEING DISMISSED AND THE
EMPLOYER REFUSES TO TAKE -ANUEL BACK THEN YOU SHOULD DECLARE A DISPUTE WITH
THE EMPLOYER &OLLOW THE NORMAL STEPS FOR REINSTATEMENT TO GET HIS JOB BACK FOR
HIM
3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK n (OW TO APPLY
FOR REINSTATEMENT OR COMPENSATION
#ONTRACT EMPLOYEES ARE DISMISSED
BEFORE THE CONTRACT IS DUE TO TERMINATE
*OE AND FIVE OTHER EMPLOYEES HAVE BEEN EMPLOYED BY A SUB
CONTRACTING COMPANY
4HE EMPLOYER FROM THE COMPANY WHO HIRED THEM TOLD THE CONTRACTING EMPLOYEES
THE CONTRACT WOULD RUN FOR WEEKS !FTER TWO WEEKS *OE AND ONE OTHER EMPLOYEE
ARE PAID FOR THE WORK THEY HAVE DONE AND TOLD THAT THE FIRM NO LONGER NEEDS THEM
FOR THE THIRD WEEK
7(!4 $/%3 4(% ,!7 3!9
*OE AND THE OTHER EMPLOYEES ENTERED INTO A THREE
WEEK CONTRACT AND BOTH PARTIES
ARE BOUND BY THIS CONTRACT OF EMPLOYMENT *OE AND THE OTHER EMPLOYEE HAVE
BEEN UNFAIRLY DISMISSED 4HEY CAN CHALLENGE THE DISMISSAL IN TERMS OF THE ,ABOUR
2ELATIONS !CT ,2! 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
7(!4 #!. 9/5 $/
9OU CAN HELP *OE AND HIS CO
EMPLOYEE REFER THE CASE TO THE ##-! OR A "ARGAINING
#OUNCIL FOR CONCILIATION MEDIATION 3EE PAGE 7HAT STEPS CAN BE TAKEN IF
THERE IS AN UNFAIR DISMISSAL PAGE 3OLVING DISPUTES UNDER THE ,2!
#ONTRACT EMPLOYEES ARE NOT PAID OVERTIME
3HEZI IS EMPLOYED BY A SUB
CONTRACTING COMPANY 4HE COMPANY HAS HIRED HER
SERVICES OUT TO A FARMER WHERE SHE WORKS AS A PICKER !FTER TWO WEEKS OF WORKING
ON THE FARM 3HEZI HAS NOT BEEN PAID FOR ANY OF THE OVERTIME SHE HAS WORKED 7HEN
SHE ASKS THE FARMER FOR HER OVERTIME MONEY HE TELLS HER HE AGREED TO PAY A FLAT
RATE TO THE SUB
CONTRACTOR AND HE DOES NOT HAVE TO PAY ANY OVERTIME (E TELLS HER
TO GO TO THE SUB
CONTRACTOR 3HE GOES TO THE SUB
CONTRACTOR WHO TELLS HER THAT THE
OVERTIME HAS GOT NOTHING TO DO WITH HIM n SHE MUST GET PAYMENT FROM THE FARMER
7(!4 $/%3 4(% ,!7 3!9
3HEZI IS ENTITLED TO BE PAID OVERTIME IN TERMS OF THE "ASIC #ONDITIONS OF
%MPLOYMENT !CT "#%! 3HE CAN CHOOSE TO CLAIM THIS EITHER FROM THE FARMER OR
FROM THE SUB
CONTRACTOR 4HE FARMER MUST OBVIOUSLY PAY THIS OVERTIME n HE CAN
EITHER PAY THIS TO 3HEZI OR TO THE SUB
CONTRACTOR WHO MUST PAY IT TO 3HEZI )F 3HEZI
CLAIMS THE MONEY FROM THE SUB
CONTRACTOR HE MUST PAY HER AND THEN CLAIM THE
MONEY FROM THE FARMER BY REPORTING HIM TO THE $EPARTMENT OF ,ABOUR
7(!4 #!. 9/5 $/
9OU CAN WRITE A LETTER TO THE FARMER AND THE SUB
CONTRACTOR SETTING OUT 3HEZIS
RIGHT TO OVERTIME PAY IN TERMS OF THE "#%! )F THE FARMER AND THE SUB
CONTRACTOR
REFUSE TO PAY THEN 3HEZI CAN REPORT EITHER THE SUB
CONTRACTOR OR THE FARMER TO
THE $EPARTMENT OF ,ABOUR )F 3HEZI MAKES A CLAIM AGAINST THE SUB
CONTRACTOR THEN
THE SUB
CONTRACTOR CAN REPORT THE CASE TO THE $EPARTMENT OF ,ABOUR
#ASUAL EMPLOYEE IS NOT PAID SICK LEAVE
&OR THE PAST YEAR 'ADIJA HAS WORKED EVERY 3ATURDAY AND 3UNDAY AS A CASUAL SHELF
PACKER FOR 3HOPRITE 3HE WORKS UP TO HOURS ON A WEEKEND 3HE HAD A BAD FLU
OVER ONE WEEKEND INFORMED HER MANAGER THAT SHE WAS TOO ILL TO WORK AND STAYED
IN BED AT HOME %VEN THOUGH SHE PROVIDED A DOCTORS CERTIFICATE 3HOPRITE REFUSED
TO PAY HER FOR THE DAYS SHE WAS ILL
7(!4 $/%3 4(% ,!7 3!9
'ADIJA IS PROTECTED BY THE "#%! WHICH SAYS THAT AN EMPLOYEE WHO WORKS MORE
THAN HOURS DURING ANY MONTH EARNS ONE DAY SICK LEAVE FOR EVERY DAYS WORKED
3EE PAGE "#%! n 3ICK LEAVE
7(!4 #!. 9/5 $/
7RITE A LETTER TO THE EMPLOYER SETTING OUT THE CIRCUMSTANCES AND STATING WHAT
THE LAW SAYS ABOUT CASUAL EMPLOYEES AND SICK LEAVE 2EFER THEM TO THE RELEVANT
SECTION IN THE "#%! )F THE EMPLOYER IGNORES THE LETTER REFER THE MATTER TO THE
$EPARTMENT OF ,ABOUR
#ONTRACT EMPLOYEES CONTRACT
HAS NOT BEEN RENEWED
&OR THE PAST NINE MONTHS 4HAMI HAS BEEN EMPLOYED ON A THREE
MONTH CONTRACT
WHICH HAS BEEN RENEWED TWICE !T THE END OF THE THIRD THREE
MONTH PERIOD HE IS
TOLD THAT THE COMPANY WILL NOT BE RENEWING THE CONTRACT (OWEVER THE COMPANY
EMPLOYS SOMEONE ELSE TO DO EXACTLY THE SAME JOB AS 4HAMI
7(!4 $/%3 4(% ,!7 3!9
"Y RENEWING 4HAMIS CONTRACT TWICE THE COMPANY HAS CREATED A REASONABLE
EXPECTATION THAT THE CONTRACT WILL BE RENEWED AGAIN "Y ASKING 4HAMI TO LEAVE
BECAUSE HIS CONTRACT IS UP WHILE REPLACING HIM WITH SOMEONE ELSE THIS MEANS
THAT 4HAMI HAS IN FACT BEEN UNFAIRLY DISMISSED 4HIS IS AN UNFAIR DISMISSAL WHICH IS
COVERED BY THE ,ABOUR 2ELATIONS !CT ,2! 4HAMI CAN CHALLENGE THE DISMISSAL IN
TERMS OF THE ,2! 3EE PAGE !UTOMATICALLY UNFAIR DISMISSALS
7(!4 #!. 9/5 $/
9OU CAN HELP 4HAMI FIRST BY WRITING A LETTER TO THE EMPLOYER STATING THAT HE BELIEVES
HE HAS BEEN UNFAIRLY DISMISSED )F THE EMPLOYER REFUSES TO REINSTATE HIM THEN YOU
CAN HELP 4HAMI TO APPLY FOR REINSTATEMENT OR COMPENSATION THROUGH THE ##-! OR
A "ARGAINING #OUNCIL 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB
BACK PAGE 7HAT STEPS CAN BE TAKEN IF THERE IS AN UNFAIR DISMISSAL 0AGE
3OLVING DISPUTES UNDER THE ,2!
!PPLICATION FOR 5)& BENEFITS IS TOO LATE
)RIS WORKED AS A COOK AT THE ,ATE .ITE 2ESTAURANT FOR YEARS 3HE PAID INTO
THE 5NEMPLOYMENT )NSURANCE &UND 5)& FOR YEARS
3HE IS DISMISSED FROM HER WORK ON &EBRUARY /N !UGUST SHE GOES TO THE
$EPARTMENT OF ,ABOUR TO APPLY FOR UNEMPLOYMENT BENEFITS 3IX WEEKS LATER THEY TELL
HER THAT SHE WILL GET NO BENEFITS BECAUSE HER APPLICATION IS TOO LATE 3HE COMES TO
YOU FOR HELP
7(!4 $/%3 4(% ,!7 3!9
4HE 5NEMPLOYMENT )NSURANCE !CT SETS DOWN VERY STRICT RULES ABOUT TIME FOR
APPLYING FOR BENEFITS 9OU GET MONTHS FROM THE TIME THAT YOU STOP WORKING TO
APPLY FOR 5)& BENEFITS 3EE PAGE 5NEMPLOYMENT BENEFITS
7(!4 #!. 9/5 $/
9OU MUST FIRST WORK OUT IF )RISgS APPLICATION IS LATE
&IRST TAKE THE DATE )RIS WAS DISMISSED &EBRUARY 4HEN TAKE THE DATE SHE MADE HER
APPLICATION !UGUST 7ORK OUT THE NUMBER OF MONTHS BETWEEN THESE TWO DATES
&ROM &EBRUARY TO !UGUST MONTHS DAYS
!CCORDING TO THE LAW )RIS IS TOO LATE TO APPLY FOR UNEMPLOYMENT BENEFITS 4HERE
IS NOTHING YOU CAN DO TO HELP HER )T DOES NOT MATTER WHAT THE EXCUSES ARE FOR
EXAMPLE THAT SHE DID GO TO THE OFFICE BUT SHE WAS FIRST TOLD TO GO AND LOOK
FOR WORK )T WILL NOT HELP TO APPEAL AGAINST THE DECISION OF THE 5NEMPLOYMENT
)NSURANCE "OARD
%MPLOYER DOES NOT REGISTER EMPLOYEE
WITH THE 5NEMPLOYMENT )NSURANCE &UND
*ACKS EMPLOYER DID NOT REGISTER HIM AS A CONTRIBUTOR WITH THE 5NEMPLOYMENT
)NSURANCE &UND 5)& 4HIS MEANS HE DID NOT PAY ANY CONTRIBUTION TO THE &UND
7(!4 $/%3 4(% ,!7 3!9
4HE LAW SAYS ALL EMPLOYERS MUST REGISTER ALL EMPLOYERS WITH THE 5NEMPLOYMENT
)NSURANCE &UND AS SOON AS THEY START WORKING FOR THEM !N EMPLOYER MUST ALSO PAY
OF AN EMPLOYEES WAGESALARY TO THE &UND EVERY MONTH IS DEDUCTED FROM
THE EMPLOYEES SALARY AND IS PAID BY THE EMPLOYER 3EE PAGE (OW DO
EMPLOYEES BECOME CONTRIBUTORS TO 5)&
7(!4 #!. 9/5 $/
*ACK MUST GO TO THE $EPARTMENT OF ,ABOUR AND REGISTER FOR UNEMPLOYMENT
BENEFITS 4HE $EPARTMENT WILL DISCOVER THAT *ACKS EMPLOYER HAS NOT REGISTERED HIM
AS A CONTRIBUTOR 4HEY WILL INVESTIGATE AND TAKE ACTION AGAINST THE EMPLOYER 4HE
EMPLOYER WILL HAVE TO MAKE BACK
PAYMENTS TO MAKE UP THE MONEY THAT SHOULD
HAVE BEEN PAID TO THE &UND
&AILING TO SIGN THE 5NEMPLOYMENT REGISTER
*ACK FINALLY MANAGES TO GET HIS APPLICATION FOR UNEMPLOYMENT BENEFITS ACCEPTED
7HEN HE RECEIVES THE FIRST CHEQUE HE IS TOLD TO COME AND SIGN THE UNEMPLOYMENT
REGISTER EVERY WEEKS (E DOES THIS EVERY MONTH BUT MISSES ONE MONTH (E IS NOT
PAID FOR THE TIME HE DID NOT SIGN THE REGISTER )S HE ENTITLED TO GET BENEFITS FOR THE
TIME HE DID NOT SIGN THE REGISTER
7(!4 $/%3 4(% ,!7 3!9
4HE LAW SAYS THAT ANYONE WHO HAS APPLIED FOR UNEMPLOYMENT BENEFITS MUST SIGN
THE REGISTER TO SHOW THAT SHE OR HE IS STILL UNEMPLOYED AND LOOKING FOR WORK
"UT IF THE EMPLOYEE CAN SHOW THAT SHE OR HE WAS NOT ABLE TO SIGN FOR A GOOD
REASON FOR EXAMPLE BECAUSE OF BEING ILL AND IF THE EMPLOYEE WAS UNEMPLOYED
DURING THAT PERIOD AND AVAILABLE FOR WORK THEN HE OR SHE SHOULD BE PAID FOR THE
PERIOD NOT SIGNED
)F THE EMPLOYEE WAS NOT ABLE TO SIGN BECAUSE OF BEING ILL SHE OR HE WILL HAVE TO
PRODUCE A DOCTORgS LETTER
)F THE EMPLOYEE DID NOT SIGN BECAUSE HE OR SHE WAS AWAY LOOKING FOR WORK
THIS MIGHT NOT BE ACCEPTED AS A GOOD ENOUGH REASON NOT TO SIGN 4HE EMPLOYEE
WILL HAVE TO RE
REGISTER FOR 5)& BENEFITS AND START ALL OVER AGAIN 3EE PAGE
5NEMPLOYMENT BENEFITS
7(!4 #!. 9/5 $/
9OU CAN WRITE A LETTER OF APPEAL TO THE $EPARTMENT OF ,ABOUR OFFICE IN YOUR AREA
)F NO MONEY WAS PAID OUT AT ALL BECAUSE THE PERSON DID NOT SIGN THE REGISTER MORE
THAN ONCE YOU CAN SEND A LETTER TO THE ,ABOUR HEAD OFFICE IN YOUR AREA ASKING
THEM TO INVESTIGATE WHY NO BENEFITS WERE PAID AT ALL AND TO PAY OUT THE MONEY
OWING TO THE APPLICANT 3EE PAGE 5)& APPEALS PAGE -ODEL LETTER OF APPEAL
AGAINST THE REFUSAL TO PAY 5)& PAGE 2ESOURCES FOR ADDRESSES PAGE -ODEL
LETTER TO 5)& BECAUSE BENEFITS HAVE NOT BEEN PAID
,ONG DELAY IN PAYING #OMPENSATION
:AMA WORKED FOR A DELIVERY FIRM /N THE -ARCH ON HIS WAY TO DROP OFF
AN ORDER HE WAS INVOLVED IN A MOTOR ACCIDENT (E SUFFERED SEVERE INJURIES IN THE
ACCIDENT 7HEN HE WENT BACK TO WORK AFTER BEING IN HOSPITAL FOR WEEKS HIS
EMPLOYER TOLD HIM THAT THERE WAS NO LONGER ANY WORK FOR HIM )T IS NOW A YEAR AFTER
THE ACCIDENT HAPPENED :AMA STILL HAS NOT RECEIVED ANY #OMPENSATION (IS EMPLOYER
HAS NOT PAID HIM ANYTHING SINCE THE DATE OF THE ACCIDENT
:AMA STILL HAS NOT RECEIVED ANY #OMPENSATION (IS EMPLOYER HAS NOT PAID HIM
ANYTHING SINCE THE DATE OF THE ACCIDENT
7(!4 $/%3 4(% ,!7 3!9
:AMAgS ACCIDENT HAPPENED DURING THE gCOURSE AND SCOPE OF HIS DUTIESg SO HE IS
COVERED BY THE #OMPENSATION &UND 3EE PAGE 7HO CAN CLAIM COMPENSATION
FROM THE &UND
4HE EMPLOYER MUST REPORT THE ACCIDENT TO THE #OMPENSATION &UND ON &/2- 7#,
AS SOON AS IT HAPPENS 4HE DOCTOR MUST FILL IN &/2- 7#, AFTER THE FIRST VISIT BY THE
INJURED EMPLOYEE 3EE PAGE 3TEPS TO CLAIM DISABILITY
!N EMPLOYER HAS TO PAY COMPENSATION THAT HE WOULD NORMALLY RECEIVE FROM THE
#OMMISSIONER TO THE INJURED EMPLOYEE FOR THE FIRST MONTHS FROM THE DATE OF THE
OCCUPATIONAL INJURY 4HE #OMPENSATION &UND WILL REPAY THE EMPLOYER FOR THE MONEY
THAT WAS PAID
4HE EMPLOYER ALSO OWES :AMAgS WAGES NOTICE PAY AND ANY OUTSTANDING LEAVE PAY
4HE EMPLOYER SHOULD ALSO HAVE FOLLOWED CERTAIN PROCEDURES TO DISMISS HIM AND HAVE
HAD A GOOD REASON TO DISMISS HIM 3EE PAGE "#%! .OTICE PAGE $ISMISSALS
7(!4 #!. 9/5 $/
s :AMA CAN CLAIM THE FIRST MONTHS SALARY FROM HIS EMPLOYER AFTER SUFFERING FROM
THE INJURY THE COMMISSIONER WILL REPAY THIS TO THE EMPLOYER
s 9OU MUST FIND OUT FROM THE #OMPENSATION OFFICE WHETHER THE ACCIDENT WAS
REPORTED BY THE EMPLOYER 4ELEPHONE THE #OMPENSATION OFFICE AND ASK FOR
THE )NDEX OFFICER 'IVE THE NAME OF THE EMPLOYEE THE DATE OF THE ACCIDENT AND
THE NAME OF THE COMPANY 4HE OFFICER WILL LOOK IT UP ON THE )NDEX AND WILL
BE ABLE TO TELL YOU IF THE ACCIDENT WAS REPORTED OR NOT )F IT WAS REPORTED
ASK FOR THE CLAIM NUMBER
/R YOU CAN WRITE A LETTER TO THE #OMPENSATION #OMMISSIONER AND INCLUDE ALL
THE INFORMATION MENTIONED ON PAGE IN -ODEL LETTER TO #OMPENSATION
#OMMISSIONER ASKING WHETHER THE ACCIDENT WAS REPORTED
!LWAYS INCLUDE THE CLAIM NUMBER IF YOU HAVE IT !LSO INCLUDE A COMPLETED &/2-
7#, WHICH WILL SAVE THE EMPLOYEE TIME IF THE ACCIDENT HAS NOT BEEN REPORTED
3EE PAGE #OMPENSATION &ORM 7#,
s )F THE EMPLOYER DID NOT REPORT THE ACCIDENT THE #OMPENSATION #OMMISSIONER WILL
SEND A 7#, FORM TO YOU 4HE EMPLOYEE MUST COMPLETE THIS 4HE #OMPENSATION
#OMMISSIONER WILL TAKE ACTION AGAINST THE EMPLOYER FOR NOT REPORTING THE
ACCIDENT
s )F THE ACCIDENT WAS REPORTED SEND A LETTER TO THE #OMPENSATION #OMMISSIONER
ASKING THEM WHY THERE HAS BEEN SUCH A LONG DELAY IN PAYING OUT THE COMPENSATION
#HECK THAT THE #OMMISSIONER HAS ALL THE CORRECT ADDRESSES 3EE PAGE -ODEL
LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
4HE #OMPENSATION #OMMISSIONER MUST TELL YOU EXACTLY WHAT IS CAUSING THE DELAY
4HEY MAY ASK YOU TO SEND THEM A MISSING FORM OR GIVE THEM THE CORRECT ADDRESS
OF THE EMPLOYEE
s 9OU CAN TRY TO GET :AMAgS WAGES NOTICE PAY AND ANY OUTSTANDING LEAVE PAY FROM
THE EMPLOYER 3EE PAGE 0ROBLEM %MPLOYEE WANTS TO CLAIM NOTICE PAY AND
LEAVE PAY
s :AMA MAY HAVE BEEN UNFAIRLY DISMISSED AND HE SHOULD THEREFORE TAKE ACTION
AGAINST HIS EMPLOYER (OWEVER HE HAS MISSED THE DEADLINE FOR LODGING A DISPUTE
WITH THE ##-! SO HE WILL HAVE TO APPLY FOR CONDONATION IN ORDER TO MAKE A LATE
APPLICATION 3EE PAGE 0ROBLEM $ISMISSED EMPLOYEE WANTS THE JOB BACK
n (OW TO APPLY FOR REINSTATEMENT OR COMPENSATION PAGE 3OLVING DISPUTES
UNDER THE ,2! PAGE 0ROBLEM %MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
%MPLOYEE DOES NOT GET THE CORRECT
AMOUNT OF COMPENSATION MONEY
!N EMPLOYEE WHO WAS PERMANENTLY DISABLED RECEIVED A LUMP SUM CHEQUE FROM
THE #OMPENSATION #OMMISSIONER BUT DOES NOT FEEL THAT SHE WAS PAID THE CORRECT
AMOUNT OF COMPENSATION MONEY
7(!4 $/%3 4(% ,!7 3!9
&OR ALL TYPES OF DISABILITY TEMPORARY AND PERMANENT THERE ARE CERTAIN WAYS OF
WORKING OUT WHETHER THE COMPENSATION MONEY HAS BEEN CORRECTLY CALCULATED &OR
PERMANENT DISABILITIES A LIST OF PERCENTAGE DISABILITIES SAYS HOW MUCH COMPENSATION
WILL BE PAID FOR EACH FORM OF DISABILITY )T IS UP TO THE #OMPENSATION #OMMISSIONER
TO DECIDE WHAT PERCENTAGE DISABILITY THE EMPLOYEE HAS BASED ON THE MEDICAL
REPORTS FROM THE DOCTOR WHO TREATS THE EMPLOYEE 3EE PAGE 7HAT TYPES OF
COMPENSATION PAYMENT ARE MADE
7(!4 #!. 9/5 $/
s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM FOR THE DETAILS OF
HOW THEY CALCULATED THE COMPENSATION MONEY 2EMEMBER TO INCLUDE THE CLAIM
NUMBER AND ALL THE IMPORTANT DETAILS ABOUT THE CLAIM WHICH YOU CAN FIND ON
PAGE IN -ODEL LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR
THE DELAY IN PAYING
s 2EAD 7HAT TYPES OF COMPENSATION PAYMENT ARE MADE ON PAGE TO CALCULATE
WHETHER THE COMPENSATION MONEY WAS CORRECTLY CALCULATED )F IT SEEMS THAT THE
DOCTOR MADE A MISTAKE WITH THE PERCENTAGE DISABILITY THE EMPLOYEE HAS A RIGHT
TO A SECOND OPINION FROM ANOTHER DOCTOR 4HIS IS CALLED A RE
ASSESSMENT OF THE
INJURY
s 4HE EMPLOYEE CAN GET A SECOND OPINION FROM AN INDEPENDENT DOCTOR BUT THE
EMPLOYEE MUST PAY THIS DOCTOR
s 3END THE SECOND OPINION TO THE #OMPENSATION #OMMISSIONER 4HEY WILL ASSESS IT AND
DECIDE WHETHER TO RE
OPEN THE CASE )F THE #OMPENSATION #OMMISSIONER DECIDES
THAT THE EMPLOYEE SHOULD HAVE GOT MORE MONEY THE EMPLOYEE WILL BE REFUNDED
s )F THE EMPLOYEE WISHES TO OBJECT TO A DECISION OF THE #OMMISSIONER AN OBJECTION
MUST BE SENT WITHIN DAYS OF THE #OMMISSIONERgS DECISION )NCLUDE THE CLAIM
NUMBER AND ALL THE DETAILS OF THE EMPLOYEEgS CLAIM AS LISTED ON PAGE IN -ODEL
LETTER TO #OMPENSATION #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
)NJURED EMPLOYEE IS OFF WORK
AND IS NOT GETTING PAID
"ETHUEL WAS INJURED IN AN ACCIDENT AT WORK (E HAS NOT BEEN PAID FOR THE PAST SIX
WEEKS AND THE DOCTOR TOLD HIM TO REST FOR ANOTHER TWO WEEKS (E COMES TO YOU
WITH HIS PROBLEM BECAUSE HE SAYS HE AND HIS FAMILY CANNOT SURVIVE WITHOUT HIS
WEEKLY WAGE "ETHUEL EARNS 2 PER WEEK
7(!4 $/%3 4(% ,!7 3!9
"ETHUEL HAS TO STAY COMPLETELY OFF WORK BUT HE WILL BE ABLE TO GO BACK TO WORK
LATER 3O HE HAS A TOTAL TEMPORARY DISABILITY 4HE EMPLOYER SHOULD PAY "ETHUEL FOR
THE FIRST MONTHS FROM THE DATE OF HIS INJURY 4HIS WILL BE REPAID TO THE EMPLOYER
OUT OF THE COMPENSATION PAID TO "ETHUEL 3EE PAGE (OW IS THE COMPENSATION
MONEY PAID
7(!4 #!. 9/5 $/
s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM ABOUT THE DELAYS
IN PAYING "ETHUEL HIS COMPENSATION 3EE PAGE -ODEL LETTER TO #OMMISSIONER
ASKING FOR REASONS FOR THE DELAY IN PAYING
s !DVISE "ETHUELgS EMPLOYER TO PAY HIM COMPENSATION FOR THE FIRST MONTHS .OTE
THAT "ETHUEL GETS COMPENSATION INSTEAD OF HIS WAGES NOT AS WELL AS HIS WAGES
7ORK OUT HOW MUCH THE #OMPENSATION MONEY SHOULD BE GIVEN THAT "ETHUEL IS
PAID WEEKLY 3EE PAGE 4EMPORARY DISABILITY 4HE FORMULA FOR WORKING OUT
COMPENSATION IS
-ULTIPLY WEEKLY WAGE BY 2 X 2 PER MONTH
-ONTHLY WAGE X
2 X 2
"ETHUEL WILL GET PAID 2 PER MONTH FROM THE #OMPENSATION &UND
FOR 4OTAL 4EMPORARY $ISABILITY
4HE EMPLOYER SHOULD BE PAYING "ETHUEL THIS #OMPENSATION AMOUNT FOR THE FIRST
MONTHS HE WILL GET THIS BACK FROM THE COMPENSATION PAID OUT 4HE EMPLOYER
ALREADY OWES "ETHUEL FOR THE FIRST MONTH )F THE EMPLOYER REFUSES REPORT THE
MATTER TO THE #OMPENSATION #OMMISSIONER
s !LL DOCTORgS AND HOSPITAL BILLS AND ANY MEDICINES NEEDED WILL BE PAID BY THE
#OMMISSIONER )F THE EMPLOYER HAS REPORTED THE ACCIDENT PROPERLY DOCTORS AND
HOSPITALS WILL SEND THEIR ACCOUNTS DIRECT TO THE #OMMISSIONER )F THIS HAS NOT
HAPPENED "ETHUEL MUST KEEP ALL SLIPS AND ACCOUNTS 9OU CAN HELP HIM CLAIM
THEM BACK FROM THE #OMMISSIONER
%MPLOYEE IS INJURED ON DUTY AND LOSES THE JOB
7HILE WORKING ON A BUILDING SITE TWO WEEKS AGO 0IET WAS STANDING ON A LADDER WHICH
SLIPPED (E FELL AND BROKE BOTH ARMS 4HIS IS ONLY A TEMPORARY DISABILITY BUT HE CANNOT
DO ANY WORK UNTIL THE BROKEN ARMS HAVE HEALED WHICH COULD BE ANOTHER WEEKS
7HEN HE TELEPHONES HIS EMPLOYER SHE TELLS 0IET THAT HIS JOB HAS ALREADY BEEN FILLED
4HE EMPLOYER SAYS SHE CANNOT WAIT FOR 0IET TO GET BETTER 0IET SAYS THIS IS UNFAIR
BECAUSE THE ACCIDENT WAS NOT HIS FAULT (E COMES TO YOU FOR HELP
7(!4 $/%3 4(% ,!7 3!9
4HE EMPLOYER CAN ONLY DISMISS 0IET FOR A GOOD REASON AND BY FOLLOWING PROPER
PROCEDURES 0IET HAS A RIGHT TO BE REINSTATED WHEN HE IS WELL AGAIN 0IET CAN ALSO
CLAIM #OMPENSATION BECAUSE THE ACCIDENT HAPPENED WHILE HE WAS WORKING 4HE
EMPLOYER SHOULD HAVE REPORTED THE ACCIDENT TO THE #OMPENSATION #OMMISSIONER
3EE PAGE $ISMISSALS PAGE #OMPENSATION &UND
)F 0IET STAYS OFF WORK FOR A LONG TIME AND IS UNABLE TO EVEN DO LIGHTER WORK THEN
THE EMPLOYER CAN GO THROUGH THE CORRECT DISMISSAL PROCEDURES AND DISMISS 0IET FOR
INCAPACITY BECAUSE HE IS UNABLE TO DO HIS JOB
)F AN EMPLOYEE IS PERMANENTLY DISABLED AS A RESULT OF AN INJURY AT WORK THIS
EMPLOYEE WILL NEVER BE ABLE TO PERFORM HIS OR HER OLD DUTIES AGAIN )F THE EMPLOYEE
CAN DO LIGHT DUTIES THEN YOU SHOULD ASK THE EMPLOYER TO GIVE THE EMPLOYEE LIGHT
DUTIES )T MAY BE VERY DIFFICULT FOR A PERMANENTLY DISABLED EMPLOYEE TO FIND WORK
ANYWHERE ELSE
7(!4 #!. 9/5 $/
"ECAUSE THE DISABILITY IS ONLY TEMPORARY YOU SHOULD TELEPHONE THE EMPLOYER AND
ASK HER TO EMPLOY THE OTHER PERSON IN 0IETgS PLACE ON A TEMPORARY BASIS ONLY n UNTIL
0IET RECOVERS )F THE EMPLOYER DISMISSES 0IET YOU CAN REFER THE MATTER TO THE ##-!
AS A CLAIM FOR UNFAIR DISMISSAL 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
%MPLOYEEgS #OMPENSATION HAS BEEN REFUSED
4HE #OMPENSATION &UND OFFICE REFUSED TO PAY ANY #OMPENSATION TO AN EMPLOYEE
4HEY GAVE NO REASONS FOR THEIR REFUSAL
7(!4 $/%3 4(% ,!7 3!9
s #ERTAIN EMPLOYERS DO NOT HAVE TO CONTRIBUTE TO THE &UND 3O THEIR EMPLOYEES ARE
NOT COVERED BY THE &UND 3EE PAGE 7HO CONTRIBUTES TO THE &UND
s 4HE #OMPENSATION &UND PAYS COMPENSATION FOR ALL ACCIDENTS WHICH HAPPEN
gIN THE COURSE AND SCOPE OF DUTYg BUT THERE ARE CIRCUMSTANCES WHERE THE
#OMPENSATION #OMMISSIONER WILL NOT PAY #OMPENSATION 3EE PAGE 7HO CAN
CLAIM COMPENSATION FROM THE &UND
7(!4 #!. 9/5 $/
s #HECK THAT THE EMPLOYER WAS CONTRIBUTING TO THE #OMPENSATION &UND AND THAT
THE EMPLOYEE WAS INJURED IN HER WORK AND THAT SHE DOES NOT FALL INTO ANY OF THE
CATEGORIES FALLING OUTSIDE OF THE SCOPE OF THE #OMPENSATION &UND
s 7RITE A LETTER TO THE #OMPENSATION #OMMISSIONER ASKING THEM FOR THEIR REASONS
FOR REFUSING TO PAY #OMPENSATION 3EE PAGE -ODEL LETTER TO #OMMISSIONER
ASKING FOR REASONS FOR THE DELAY IN PAYING
s )F THE EMPLOYEE WISHES TO OBJECT TO A DECISION OF THE #OMMISSIONER AN OBJECTION
MUST BE SENT TO THE #OMPENSATION #OMMISSIONER WITHIN DAYS OF THE DECISION
3EE PAGE /BJECTIONS AND APPEALS
2EMEMBER TO INCLUDE ALL THE NECESSARY DETAILS OF THE EMPLOYEE AS LISTED ON PAGE
IN -ODEL LETTER TO #OMMISSIONER ASKING FOR REASONS FOR THE DELAY IN PAYING
%MPLOYEES DEVELOP AN OCCUPATIONAL DISEASE
! NUMBER OF EMPLOYEES WORKING IN AN ASBESTOS FACTORY ARE SUFFERING FROM SIMILAR
PHYSICAL CONDITIONS WHICH THEY BELIEVE IS A RESULT OF WORKING IN AN ENVIRONMENT OF
ASBESTOS 4HIS IS CONFIRMED BY THE DOCTOR WHO IS ATTENDING TO THEM 7HAT HELP CAN
THEY RECEIVE
7(!4 $/%3 4(% ,!7 3!9
%MPLOYEES WHO SUFFER FROM SICKNESSES AS A RESULT OF THE WORK THEY DO OR THE
ENVIRONMENT THEY HAVE BEEN WORKING IN ARE COVERED BY THE #OMPENSATION FOR
/CCUPATIONAL )NJURIES AND $ISEASES !CT FOR THE NON
MINING INDUSTRY OR THE
/CCUPATIONAL $ISEASES -INE %MPLOYEES !CT FOR THE MINING INDUSTRY 4HESE
ARE CALLED OCCUPATIONAL DISEASES 4HERE IS SOMETIMES A LONG PERIOD BETWEEN THE
EXPOSURE AT WORK AND THE DISEASE WHICH MAKES IT DIFFICULT TO CONNECT THE DISEASE
WITH THE WORK EXPOSURE
7(!4 #!. 9/5 $/
!SSIST THE EMPLOYEES WITH MAKING A CLAIM FOR COMPENSATION FROM THE #OMPENSATION
&UND 3EE PAGE #OMPENSATION &UND
-/$%, #/.42!#4 /& %-0,/9-%.4
#/.42!#4 /& %-0,/9-%.4
.!-% /& 4(% #/-0!.9
HEREAFTER CALLED gTHE #OMPANYg
.!-% /& 4(% %-0,/9%% )$%.4)49 .5-"%2
HEREAFTER CALLED gTHE %MPLOYEEg
)T IS HEREBY AGREED THAT THE #OMPANY WILL EMPLOY THE %MPLOYEE AS A
*OB GRADE IN ITS $EPARTMENT
AT A RATE OF 2 PER DAY
$!4% /& %.'!'%-%.4
4HE DATE OF COMMENCEMENT OF EMPLOYMENT IS
02/"!4)/.
$URING THE lRST THREE MONTHS OF EMPLOYMENT THE EMPLOYEE WILL SERVE A PROBATION PERIOD (ISHER PERFORMANCE
AND SUITABILITY FOR THE POSITION WILL BE ASSESSED DURING THIS TIME )F DURING THE lRST MONTH OF PROBATION THE
%MPLOYEES PERFORMANCE IS REGARDED AS BEING UNACCEPTABLE DESPITE ATTEMPTS TO COUNSEL THE EMPLOYEE THEN
THE EMPLOYEES CONTRACT MAY BE TERMINATED AS PER SECTION THREE BELOW
4%2-).!4)/. /& %-0,/9-%.4
4HE COMPANY AND THE EMPLOYEE MAY TERMINATE THIS AGREEMENT ON THE FOLLOWING BASIS
BY GIVING ONE WEEKS NOTICE IN WRITING DURING THE lRST SIX MONTH PERIOD OF EMPLOYMENT
BY GIVING TWO WEEKS NOTICE IN WRITING WHERE THE EMPLOYEE HAS BEEN EMPLOYED FOR MORE THAN SIX
MONTHS BUT NOT MORE THAN ONE YEAR AND FOUR WEEKS NOTICE WHERE EMPLOYMENT HAS BEEN LONGER THAN
MONTHS
EITHER THE COMPANY OR THE EMPLOYEE MAY SUMMARILY TERMINATE THIS AGREEMENT WITHOUT PROVIDING DUE
NOTICE ON ANY GROUNDS CONSIDERED APPROPRIATE UNDER THE LAW
BY BOTH AGREEING TO TERMINATE
WHERE AN EMPLOYEE IS ABSENT FOR FOUR WORKING DAYS IN A ROW AND HAS NOT NOTIlED THE COMPANY OR GIVEN
ANY INDICATION THAT HE OR SHE INTENDS TO RETURN THEN THE CONTRACT CAN BE TERMINATED IMMEDIATELY ON
GROUNDS OF DESERTION
$54)%3
4HE EMPLOYEE MUST PERFORM HIS OR HER DUTIES AS DESCRIBED IN THE JOB DESCRIPTION AS WELL AS ANY TASKS WHICH HE
SHE MAY REASONABLY BE ASKED TO DO
7!'%3
4HE COMPANY SHALL PAY THE EMPLOYEE THE RATE INDICATED IN THIS CONTRACT
0AYMENT SHALL BE MADE EVERY WEEK IN ARREARS 4HE COMPANY AND THE EMPLOYEE ACCEPT THAT THE WAGE RATE WILL
ONLY BE REVIEWED ONCE A YEAR DURING /#4/"%2 AND THAT THIS REVIEW WILL BE BASED ON THE PERFORMANCE OF BOTH
THE COMPANY AND THE EMPLOYEE DURING THE PREVIOUS MONTH PERIOD
7/2+).' (/523 !.$ &,%8)"),)49
4HE EMPLOYEE SHALL BE REQUIRED TO WORK UP TO NINE HOURS PER DAY EXCLUDING MEAL BREAKS AND SHALL
REMAIN AT WORK BETWEEN THE HOURS SPECIlED BY MANAGEMENT ON ANY DAY .ORMAL WORKING HOURS SHALL BE
FROM H UNTIL H -ONDAY TO &RIDAY )T IS ACCEPTED THAT START AND lNISH TIMES MAY BE ALTERED IN LINE
WITH OPERATIONAL REQUIREMENTS AND AS DETERMINED BY THE MANAGER FROM TIME TO TIME
! lFTEEN MINUTE TEA INTERVAL SHALL BE GRANTED NOT LATER THAN H MORNING AND H AFTERNOON
DAILY AND SHALL BE TAKEN AS DETERMINED BY MANAGEMENT IN KEEPING WITH THE OPERATIONAL REQUIREMENTS OF
THE DEPARTMENT
! LUNCH BREAK OF ONE HOUR SHALL BE TAKEN BETWEEN H AND H DAILY -EAL INTERVALS ARE NOT
REGARDED AS PAID WORKING HOURS
4HE EMPLOYEE ACCEPTS THAT OVERTIME AND SHIFT WORKING INCLUDING WEEKEND WORK ARE AN ESSENTIAL PART
OF EMPLOYMENT THE EMPLOYEE AGREES TO WORK OVERTIME AS MAY BE REASONABLY REQUIRED BY THE COMPANY
7HERE OVERTIME IS WORKED THE EMPLOYEE SHALL BE PAID AT TIME AND A HALF OF THE NORMAL HOURLY WAGE
0AYMENT FOR OVERTIME SHALL ONLY BE MADE WHERE THE EMPLOYEE WORKS MORE THAN HOURS IN ANY PAY WEEK
,%!6% 0!9-%.4
4HE EMPLOYEE SHALL BE ENTITLED TO WORKING DAYS LEAVE AFTER MONTHS CONTINUOUS EMPLOYMENT CALCULATED
AT DAYS FOR EACH COMPLETED MONTH OF SERVICE !N EMPLOYEE ABSENT DURING THE YEAR WITHOUT PERMISSION
WILL HAVE HISHER LEAVE CALCULATED ON THE BASIS OF PRO RATA LEAVE FOR THE PERIOD WORKED
)T IS ACCEPTED THAT ANNUAL LEAVE WILL BE SCHEDULED BY THE EMPLOYER TO MEET ITS MANNING REQUIREMENTS AND
WILL NORMALLY BE TAKEN DURING THE LOW SEASON
-%$)#!, ,%!6%
7HERE THE EMPLOYEE IS UNABLE TO WORK ON THE GROUNDS OF GENUINE MEDICAL INCAPACITY WHICH HAS NOT
BEEN CAUSED BY THE EMPLOYEES NEGLIGENCE OR MISCONDUCT THEN HESHE IS ENTITLED TO PAID SICK LEAVE
$URING THE lRST MONTHS OF EMPLOYMENT THE EMPLOYEE IS ENTITLED TO ONE DAY SICK LEAVE FOR EVERY
COMPLETED DAYS OF SERVICE !FTER THE lRST SIX MONTHS OF EMPLOYMENT THE EMPLOYEE IS ENTITLED TO
DAYS SICK LEAVE IN ANY MONTH CYCLE
4HE EMPLOYEE MUST HAND IN A MEDICAL CERTIlCATE FOR ANY PERIOD OF ABSENCE THAT IS LONGER THAN DAYS
/N THE DAYS WHEN THE EMPLOYEE IS ABSENT HE OR SHE MUST NOTIFY HE IMMEDIATE SUPERVISOR BY (
REGARDING THE REASON FOR ABSENCE AND HOW LONG THE EMPLOYEE BELIEVES HE OR SHE WILL BE ABSENT
4HE EMPLOYEE ACCEPTS THAT THE COMPANY IS DEPENDENT ON THE EMPLOYEE REGULARLY ATTENDING WORK AND IF
HE OR SHE IS CONSTANTLY ABSENT BECAUSE OF ILLNESS THEN THIS WILL MAKE THE EMPLOYEE UNSUITABLE FOR
EMPLOYMENT IN THE DEPARTMENT AND COULD RESULT IN THE TERMINATION OF HISHER SERVICES ON THE GROUNDS OF
INCAPACITY
4HE EMPLOYEE ACCEPTS THAT IF NECESSARY HESHE WILL GO FOR A MEDICAL TEST BY A DOCTOR APPOINTED AND PAID
FOR BY THE COMPANY 4HE RESULTS OF THE EXAMINATION WILL BE DISCLOSED CONlDENTIALITY TO THE COMPANYS
MEDICAL OFlCER
4HE EMPLOYEE UNDERTAKES TO BRING TO MANAGEMENTS ATTENTION ANY DISEASE AILMENT OR DISABILITY WHICH
HESHE BECOMES AWARE OF WHICH COULD IN ANY WAY IMPACT ON THE HEALTH AND SAFETY OF FELLOW WORKERS
THE PROVISIONS OF THE (EALTH AND 3AFETY !CT OR HISHER ABILITY TO PROPERLY PERFORM THE JOB
&!-),9 2%30/.3)"),)49 ,%!6%
4HE EMPLOYEE SHALL BE ENTITLED TO THREE DAYS PAID LEAVE DURING EVERY MONTHS OF SERVICE WHICH MAY BE USED
WHEN THE EMPLOYEES CHILD IS BORN
WHEN THE EMPLOYEES CHILD IS SICK
WHEN ONE OF THE FOLLOWING PERSONS DIE SPOUSE OR LIFE PARTNER PARENTS ADOPTIVE PARENTS GRAND PARENTS
CHILDREN ADOPTED CHILDREN GRAND CHILDREN OR SIBLINGS
)T IS THE RESPONSIBILITY OF THE EMPLOYEE TO BRING PROOF OF THE REASON FOR LEAVE )F NO PROOF IS GIVEN THEN THE
LEAVE TAKEN WILL BE UNPAID AND WILL BE REGARDED AS UNAUTHORISED LEAVE WHICH MAY RESULT IN DISCIPLINARY ACTION
-/$%, #/.42!#4 /& %-0,/9-%.4 CONTINUED
5)&
4HE COMPANY AND THE EMPLOYEE WILL BOTH CONTRIBUTE ACCORDING TO THE PROVISIONS OF THE !CT ONCE THE EMPLOYEE
HAS PROVIDED A VALID )$ DOCUMENT TO THE EMPLOYER
#/-0!.9 25,%3 !.$ 2%'5,!4)/.3
4HE EMPLOYEE UNDERTAKES TO READ AND FOLLOW THE FOLLOWING POLICIES AND PROCEDURES AS AMENDED FROM TIME TO TIME
#OMPANY $ISCIPLINARY #ODE OF "EHAVIOUR AND THE $ISCIPLINARY 0ROCEDURE
#OMPANY 'RIEVANCE AND $ISPUTE 0ROCEDURE
#OMPANY REGULATIONS REGARDING ,EAVE AND !BSENCE 0ROCEDURES
#OMPANY RULES RELATING TO 0ROTECTIVE #LOTHING
4HE (EALTH AND 3AFETY REGULATIONS OF THE COMPANY
$%$5#4)/.3
4HE EMPLOYEE ACCEPTS THAT ANY OUTSTANDING LOANS OWING TO THE COMPANY OR TAKEN FROM THE COMPANY WILL BE
DEDUCTED FROM THE EMPLOYEES EARNINGS OR ANY LEAVE ENTITLEMENT OR BONUS ACCRUING TO THE EMPLOYEE
4HE EMPLOYEE ALSO AGREES THAT THE COMPANY MAY MAKE DEDUCTIONS OF UP TO ONE QUARTER OF THE EMPLOYEE
WAGES IN TERMS OF SECTION OF THE "ASIC #ONDITIONS OF %MPLOYMENT !CT TO REPAY THE COMPANY FOR THE LOSS OR
DAMAGE CAUSED BY THE EMPLOYEES ACTIONS PROVIDED THIS HAS BEEN ESTABLISHED DURING A DISCIPLINARY HEARING
!#+./7,%$'%-%.4
4HE EMPLOYEE ACKNOWLEDGES HISHER APPOINTMENT AND THAT HESHE FULLY UNDERSTANDS THE TERMS OF SUCH CONTRACT
WHICH HAVE BEEN EXPLAINED TO HIMHER AND FULLY TRANSLATED
%-0,/9%% 3)'.!452% 3)'.%$ /. $!4%
#/-0!.9 2%02%3%.4!4)6% 3)'.%$ /. $!4%
7)4.%3342!.3,!4/2 3)'.%$ /. $!4%
WHERE APPROPRIATE
#/.42!#4 /& %-0,/9-%.4
!..%852% !
*/" $%3#2)04)/.
.AME
0HYSICAL !DDRESS
#OMPANY
0OSITION
+EY PERFORMANCE AREAS
THE KEY ELEMENTS OF THE EMPLOYEES JOB THAT HE OR SHE WILL BE MEASURED AGAINST
#OMMENCEMENT DATE
4OTAL COST TO THE #OMPANY
#/-0,)!.#% 7)4( 3%#4)/. /& 4(% "#%!
72)44%. 0!24)#5,!23 /& %-0,/9-%.4 9%3 ./
&ULL NAME AND ADDRESS OF EMPLOYER 9ES
.AME AND OCCUPATION OF EMPLOYEE 9ES
"RIEF DESCRIPTION OF THE WORK 9ES
0LACE OF WORK 9ES
$ATE ON WHICH EMPLOYMENT BEGAN 9ES
/RDINARY HOURS OF WORK AND DAYS OF WORK 9ES
%MPLOYEES SALARY 9ES
4HE RATE OF PAY FOR OVERTIME WORK !S PROVIDED IN "#%!
/THER CASH PAYMENTS .!
!NY PAYMENT IN KIND 9ES
&REQUENCY OF REMUNERATION 9ES
$EDUCTIONS TO BE MADE 9ES
,EAVE TO WHICH EMPLOYEE IS ENTITLED 9ES
0ERIOD OF NOTICE REQUIRED TO TERMINATE 9ES
$ESCRIPTION OF ANY COUNCIL OR SECTORAL DETERMINATION .!
!NY PERIOD OF EMPLOYMENT WITH A PREVIOUS EMPLOYER .!
!NY OTHER DOCUMENTS THAT FORM PART OF THE CONTRACT 9ES
7HERE SUCH DOCUMENTS ARE REASONABLY ACCESSIBLE 9ES
-/$%, ,%44%23
,ETTER OF DEMAND TO EMPLOYER FOR REINSTATEMENT
! DISPUTE MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION
AND !RBITRATION WITHIN DAYS OF THE DISMISSAL SO GET THE LETTER REQUESTING
REINSTATEMENT TO THE EMPLOYER IMMEDIATELY
%8!-0,%
*ANUARY
2%')34%2%$
4HE -ANAGER
-ARIOgS 5PHOLSTERING
-AIN 3TREET
5PINGTON
$EAR 3IR
2% -2 !.$2% 0)%4%23/. n 4%2-).!4)/. /& 3%26)#%3
/N -ONDAY TH *ANUARY WE SPOKE ON THE TELEPHONE REGARDING THE DISMISSAL OF
-R 0IETERSON BY YOURSELF ON THE TH *ANUARY ) HAVE NOW DISCUSSED THE MATTER
FURTHER WITH -R 0IETERSEN AND HE HAS ASKED US TO WRITE TO YOU AS FOLLOWS
-R 0IETERSON ADVISES US THAT HE WAS TAKEN BY SURPRISE BY THE TERMINATION OF HIS
SERVICES )N OUR TELEPHONE CONVERSATION ABOUT -R 0IETERSON YOU TOLD ME THAT HE HAD
NOT BEEN DISMISSED 9OU SAID THERE WAS A NEED TO REDUCE STAFF SO -R 0IETERSON HAD
BEEN RETRENCHED BY THE COMPANY )F THIS IS THE CASE THEN IT APPEARS THAT YOU HAVE NOT
COMPLIED WITH ALL THE GUIDELINES AND STANDARDS REGARDING RETRENCHMENT AS LAID DOWN
BY THE ,ABOUR 2ELATIONS !CT
9OU HAVE NOT COMPLIED WITH THE REQUIREMENTS FOR RETRENCHMENT IN THE FOLLOWING WAYS
A BY NOT GIVING -R 0IETERSON REASONABLE NOTICE OF THE NEED FOR
THE PROPOSED RETRENCHMENT BEFORE THE DECISION TO RETRENCH WAS TAKEN
B BY NOT CONSULTING WITH THE EMPLOYEES OR THEIR REPRESENTATIVES
ON THE PROPOSED NEED TO RETRENCH EMPLOYEES
C BY NOT TAKING ALL REASONABLE STEPS TO AVOID THE RETRENCHMENT
D BY NOT APPLYING FAIR AND REASONABLE CRITERIA IN SELECTING STAFF TO RETRENCH
E BY NOT GIVING -R 0IETERSON REASONABLE NOTICE OF YOUR INTENTION TO RETRENCH
SO AS TO ENABLE HIM TO MAKE ALTERNATIVE PLANS FOR EMPLOYMENT
)F THE DISMISSAL OF -R 0IETERSON OCCURRED FOR REASONS OTHER THAN REDUCTION OF STAFF
WE SHOULD LIKE TO DRAW THE FOLLOWING POINTS TO YOUR ATTENTION !T NO TIME DURING THE
COURSE OF -R 0IETERSONgS EMPLOYMENT WITH YOUR COMPANY WAS DISSATISFACTION EXPRESSED
CONCERNING HIS WORK OR CONDUCT IN THE WORKPLACE )N ADDITION -R 0IETERSON WAS GIVEN
NO WARNING OF YOUR INTENTION TO DISMISS HIM AND HE WAS NOT GIVEN THE OPPORTUNITY
TO STATE HIS OWN CASE OR DEFEND HIMSELF IN A HEARING
)N THE LIGHT OF THE ABOVE -R 0IETERSON SUBMITS THAT THERE WAS NO SOUND SUBSTANTIVE
REASON FOR HIS DISMISSAL AND THE PROCEDURES USED TO DISMISS HIM WERE UNFAIR 9OUR
ACTIONS IN DISMISSING HIM THEREFORE CONSTITUTE AN UNFAIR DISMISSAL IN TERMS OF THE
,ABOUR 2ELATIONS !CT )N THE CIRCUMSTANCES YOUR DISMISSAL OF -R 0IETERSON IS OF NO LEGAL
EFFECT AND HE STILL REGARDS HIMSELF AS BEING IN YOUR EMPLOY -R 0IETERSON HEREBY TENDERS
HIS SERVICES TO YOU
7E THEREFORE REQUEST ON BEHALF OF -R 0IETERSON THAT YOU REINSTATE HIM IN HIS PREVIOUS
JOB ON THE SAME TERMS AND CONDITIONS AS APPLIED PRIOR TO HIS DISMISSAL 3HOULD YOU FAIL
TO CONFIRM THIS IN WRITING WITHIN SEVEN DAYS FROM THE DATE OF RECEIPT OF THIS LETTER AN
APPLICATION WILL BE MADE TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION
FOR CONCILIATION WITHOUT FURTHER NOTICE TO YOU
(OWEVER WE HOPE THE ABOVE ACTION WILL NOT BE NECESSARY AND WE LOOK FORWARD TO
HEARING FROM YOU BEFORE THIS TIME
9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER OF DEMAND TO EMPLOYER
FOR NOTICE AND LEAVE PAY
4HIS LETTER CAN BE USED AS A MODEL FOR ANY DEMAND AGAINST AN EMPLOYER
FOR EXAMPLE A CLAIM FOR THE RIGHT WAGES TO BE PAID AND SO ON
%8!-0,%
*ANUARY
3EW gN +NIT
"ELL !RCADE
'REYTOWN
$EAR 3IR-ADAM
2% -2 *!-%3 49%+%,/
7E HAVE BEEN APPROACHED BY -R 4YEKELO WHO WAS DISMISSED FROM HIS EMPLOYMENT WITH
YOU ON *ANUARY !T THE TIME OF HIS DISMISSAL HE WAS EARNING 2 PER WEEK
-R 4YEKELO LEFT YOUR EMPLOYMENT WITHOUT BEING BEING PAID IN LIEU OF NOTICE AND HE WAS
NOT PAID OUT THE PRO
RATA LEAVE OWING TO HIM (E TOOK LEAVE LAST YEAR IN -ARCH
(E THEREFORE WISHES TO CLAIM THE OUTSTANDING MONEY WHICH IS CALCULATED AS FOLLOWS
ONE WEEKgS SALARY IN LIEU OF NOTICE 2
PRO
RATA LEAVE PAY FOR COMPLETED MONTHS SERVICE
2 X WEEKS LEAVE PER ANNUM AS PER CONTRACT 2
2 DIVIDED BY MONTHS X MONTHS WORKED 2
+INDLY FORWARD THE TOTAL AMOUNT OF 2 BEING OUTSTANDING NOTICE AND LEAVE PAY TO
OUR OFFICE WITHIN DAYS OF RECEIPT OF THIS LETTER FAILING WHICH WE SHALL REFER THE MATTER
TO THE $EPARTMENT OF ,ABOUR OR "ARGAINING #OUNCIL IF THE EMPLOYEE IS COVERED BY A
"ARGAINING #OUNCIL !GREEMENT FOR INVESTIGATION
9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER TO $EPARTMENT OF ,ABOUR
ABOUT A NOTICE AND LEAVE PAY CLAIM
4HIS LETTER CAN BE USED AS A MODEL FOR THE REFERRAL OF ANY COMPLAINT FOR INVESTIGATION
TO THE $EPARTMENT OF ,ABOUR OR TO A "ARGAINING #OUNCIL
%8!-0,%
*ANUARY
4HE ,ABOUR )NSPECTOR
$EPARTMENT OF ,ABOUR
$URBAN
$EAR 3IR-ADAM
2% *!-%3 49%+%,/ 3%7 g. +.)4
7E HAVE BEEN APPROACHED BY -R 4YEKELO WHO WAS DISMISSED FROM HIS EMPLOYMENT WITH
3EW gN +NIT OF "ELL !RCADE 'REYTOWN ON *ANUARY (E STARTED WORKING FOR 3EW
gN +NIT ON &EBRUARY AND WAS PAID A SALARY OF 2 PER WEEK AT THE TIME OF HIS
DISMISSAL
!CCORDING TO -R 4YEKELO HE WAS DISMISSED BECAUSE HE WAS LATE FOR DUTY ON $ECEMBER
(E ADVISES US THAT THE REASON HE WAS LATE WAS BECAUSE OF A TAXI BOYCOTT IN THE
AREA WHERE HE LIVES AND HE HAD TO WAIT FOR A BUS TO ARRIVE TO TAKE HIM TO WORK )T IS
CLEAR THAT SUCH CIRCUMSTANCES ARE BEYOND THE CONTROL OF -R 4YEKELO WHO HAS NO HISTORY
OF LATENESS
-R 4YEKELO WAS DISMISSED WITHOUT BEING GIVEN NOTICE OR PAID IN LIEU OF NOTICE AND
HE WAS NOT PAID OUT THE PRO
RATA LEAVE OWING TO HIM (E LAST TOOK LEAVE IN -ARCH
7E DO NOT BELIEVE THAT THE CIRCUMSTANCES JUSTIFIED SUMMARILY DISMISSING -R 4YEKELO
%8!-0,% CONTINUED
(E WISHES TO CLAIM THE OUTSTANDING MONEY WHICH IS CALCULATED AS FOLLOWS
ONE WEEKgS SALARY IN LIEU OF NOTICE 2
PRO
RATA LEAVE PAY FOR COMPLETED MONTHS SERVICE
2 X WEEKS LEAVE PER ANNUM AS PER CONTRACT 2
2 DIVIDED BY MONTHS X MONTHS WORKED 2
0LEASE INVESTIGATE -R 4YEKELOgS CLAIM FOR A TOTAL OF 2 AND ADVISE US OF THE OUTCOME
OF YOUR INVESTIGATIONS
9OURS FAITHFULLY
" #!2/,53 !$6)3/2
,ETTER OF APPEAL AGAINST
THE REFUSAL TO PAY 5)&
3END THIS NOTICE OF APPEAL TO THE $EPARTMENT OF ,ABOUR WITH A COVERING LETTER
FROM THE EMPLOYEE OR ADVICE CENTRE EMPLOYEE 2EMEMBER TO FILL IN THE DETAILS
SPECIFIC TO YOUR OWN CASE
%8!-0,%
5)& !00%!,
4HE APPELLANT 4!&%.) */.'5-:)
!PPELLANTgS ADDRESS CO #LAREMONT !DVICE /FFICE
0/ "OX
#LAREMONT
)DENTITY NUMBER
.AME AND ADDRESS OF EMPLOYER #LAREMONT -UNICIPALITY
0/ "OX
#LAREMONT
$ATE OF APPLICATION FOR BENEFITS
!DDRESS WHERE APPLICATION MADE $EPARTMENT OF ,ABOUR #LAREMONT
$ATE WHEN ) HEARD OF
#LAIMS /FFICERgS DECISION
#LAIMS /FFICERgS DECISION "ENEFITS REFUSED BECAUSE ) WAS
NOT IN EMPLOYMENT FOR WEEKS
IN THE LAST YEAR AND NOT UNEMPLOYED
DUE TO ILLNESS FOR MORE THAN WEEKS
2EASONS FOR APPEAL ) WAS EMPLOYED AT THE -UNICIPALITY
FROM UNTIL
!PPLICATION FOR BENEFITS WAS MADE ON 4HEREFORE ) WAS IN EMPLOYMENT
FOR MORE THAN WEEKS IN THE YEAR BEFORE APPLYING FOR BENEFITS ) WAS ALSO ALREADY
UNEMPLOYED FOR MORE THAN TWO WEEKS DUE TO ILLNESS WHEN ) APPLIED FOR BENEFITS
) AM THEREFORE ENTITLED TO 5)& BENEFITS
4!&%.) */.'5-:)
,ETTER TO 5)& BECAUSE
BENEFITS HAVE NOT BEEN PAID
4HIS LETTER CAN BE USED AS A MODEL FOR ANY COMPLAINT ABOUT BENEFITS NOT BEING PAID
INCLUDING ILLNESS BENEFITS MATERNITY BENEFITS AND SO ON
%8!-0,%
*ULY
4HE #LAIMS /FFICER
$EPARTMENT OF ,ABOUR
#APE 4OWN
$EAR 3IR -ADAM
2% -2 *!#+ .!5$³ n )$ ./
-R .AUDÏ REGISTERED FOR UNEMPLOYMENT BENEFITS ON !PRIL
(E STOPPED SIGNING THE REGISTER ON -AY AS HE WAS AWAY IN THE %ASTERN #APE
LOOKING FOR ALTERNATIVE EMPLOYMENT 7E ENCLOSE FOR YOUR REFERENCE TWO LETTERS OF REFUSAL
OF EMPLOYMENT ! MONTH LATER HE SIGNED THE REGISTER AGAIN $URING THE PERIOD HE WAS
NOT SIGNING HE WAS STILL UNEMPLOYED AND AVAILABLE FOR WORK
(E HAS BEEN PAID UNEMPLOYMENT BENEFITS FOR THE PERIOD THAT HE SIGNED (OWEVER NO
PAYMENTS HAVE BEEN MADE TO HIM FOR THE PERIOD THAT HE DID NOT SIGN THE REGISTER
+INDLY INVESTIGATE THE REASONS WHY HE HAS NOT BEEN PAID ANY FURTHER BENEFITS 0LEASE
ADVISE US WHAT ACTION -R .AUDÏ COULD TAKE TO BE PAID OUT HIS FULL BENEFITS
9OURS FAITHFULLY
0 :5-! !$6)3/2
,ETTER TO #OMPENSATION #OMMISSIONER
ASKING WHETHER THE ACCIDENT WAS REPORTED
%8!-0,%
-ARCH
4HE #OMPENSATION #OMMISSIONER
0/ "OX
02%4/2)!
$EAR 3IR-ADAM
%.15)29 2% !##)$%.4 2%0/24
.AME OF EMPLOYEE .43(!+!,! .'%3)
)DENTITY NUMBER
$ATE OF INJURY *!.5!29
%MPLOYER '2!.34%%, #/.3425#4)/. 049 ,4$
-).%3 2/!$
2!.$"52'
-R .GESI HAS APPROACHED US FOR ASSISTANCE WITH HIS CLAIM FOR #OMPENSATION
-R .GESI WAS OFF DUTY FROM *ANUARY TO *ANUARY AS A RESULT OF AN INJURY
SUSTAINED ON DUTY AND HAS NOT YET RECEIVED COMPENSATION FOR THIS PERIOD
+INDLY ADVISE US WHETHER -R .GESIgS ACCIDENT WAS REPORTED IN TERMS OF THE
#OMPENSATION !CT )F IT WAS REPORTED PLEASE GIVE US THE CLAIM NUMBER 7E ENCLOSE
A COMPLETED &/2- 7#, IN CASE THIS IS NEEDED ) LOOK FORWARD TO HEARING FROM YOU
9OURS FAITHFULLY
2 '%/2'% !$6)3/2
,ETTER TO #OMPENSATION #OMMISSIONER
ASKING FOR REASONS FOR THE DELAY IN PAYING
%8!-0,%
-ARCH
4HE #OMPENSATION #OMMISSIONER
0/ "OX
0RETORIA
$EAR 3IR -ADAM
2% $%,!9 ). 0!9).' #/-0%.3!4)/.
.AME OF EMPLOYEE -!29 0)%4%23%
)DENTITY NUMBER
$ATE OF ACCIDENT $%#%-"%2
#LAIM NUMBER
4HE ABOVE
MENTIONED ACCIDENT WAS REPORTED TO THE #OMPENSATION #OMMISSIONER
IN *ANUARY 4O DATE -S 0IETERSE HAS NOT RECEIVED ANY COMPENSATION FOR THE TIME
THAT SHE WAS OFF WORK
+INDLY ADVISE US OF THE REASONS FOR THE DELAY AND WHEN SHE CAN EXPECT TO RECEIVE
COMPENSATION
9OURS FAITHFULLY
2 '%/2'% !$6)3/2
(OW TO WRITE A COMPLAINT
TO THE 0ENSION &UNDS !DJUDICATOR
4HIS IS AN EXAMPLE PRODUCED BY THE 0ENSION &UNDS !DJUDICATOR TO SHOW YOU
HOW TO WRITE A COMPLAINT TO THEM WHICH INCLUDES ALL THE INFORMATION THEY NEED
9OU CAN COPY THE WAY THE COMPLAINT IS WRITTEN "UT CHANGE EVERYTHING THAT IS IN
ITALICS TO PUT YOUR OWN CASE DETAILS IN INSTEAD )F THERE IS SOMETHING IN THE EXAMPLE
WHICH DOES NOT APPLY TO YOUR CASE LEAVE IT OUT
4HE PERSON WHOSE CASE YOU ARE DEALING WITH IS THE COMPLAINANT 4HE PENSION FUND
OR THE EMPLOYER ARE THE RESPONDENTS 3O THE COMPLAINT IS AGAINST THE RESPONDENTS
3END A COPY OF THE COMPLAINT TO THE RESPONDENTS AT THE SAME TIME THAT YOU
SEND IT TO THE 0ENSION &UNDS !DJUDICATOR SO THAT THE RESPONDENTS HAVE THE SAME
DOCUMENTS AS THE 0ENSION &UNDS !DJUDICATOR DOES
2%-%-"%2
7ITH YOUR COMPLAINT TO THE 0%.3)/. &5.$3 !$*5$)#!4/2 INCLUDE
s COPIES OF THE LETTER TO THE PENSION FUNDEMPLOYER AND THEIR REPLY
s PROOF THAT THE COMPLAINT WAS FIRST SENT TO THE PENSION FUND
FOR EXAMPLE A REGISTERED LETTER SLIP OR FAX SLIP
s ANY OTHER PAPERS INCLUDING LETTERS ABOUT THE COMPLAINT
s THE RULES OF THE PENSION FUND IF AVAILABLE
2EMEMBER TO SEND ! #/09 OF THE COMPLAINT TO THE 2%30/.$%.43 SO
THAT THEY HAVE THE SAME DOCUMENTS AS THE 0ENSION &UNDS !DJUDICATOR
)N THE COMPLAINT BETWEEN
(%.2)%44! 3-)4(
#OMPLAINANT
AND
#!0% &2)%.$,9 0%.3)/. &5.$
&IRST RESPONDENT
-%4!, 3(/%3 049 ,4$
3ECOND RESPONDENT ;THE EMPLOYER n ONLY IF NECESSARY=
#/-0,!).4 ). 4%2-3 /& 3%#4)/. !
/& 4(% 0%.3)/. &5.$3 !#4 /&
) AM THE COMPLAINANT -Y NAME IS (ENRIETTA 3MITH ) AM AN ADULT FEMALE
OF 7ALLY 3TREET +ENILWORTH #APE 4OWN AND MY TELEPHONE NUMBER IS
n
4HE FIRST RESPONDENT IS THE #APE &RIENDLY 0ENSION &UND WHOSE ADDRESS IS
0/ "OX /BSERVATORY #APE 4OWN 4HE 0RINCIPAL /FFICER OF THE PENSION FUND
IS -R *AMES "ECKETT 4HE TELEPHONE OF THE PENSION FUND IS n AND FAX
NUMBER IS n
4HE SECOND RESPONDENT IS -ETAL 3HOES 0TY ,TD A COMPANY WITH ITS HEAD OFFICE
AT 6OORTREKKER 2OAD -AITLAND #APE 4OWN 4HE TELEPHONE NUMBER OF THE
SECOND RESPONDENT IS n AND THE FAX NUMBER IS n
) HAVE SENT A WRITTEN COMPLAINT TO THE PENSION FUND EMPLOYER IN TERMS
OF 3ECTION ! OF THE !CT ON &EBRUARY ) ENCLOSE A COPY OF THAT
COMPLAINT MARKED g!g
4HE FIRST RESPONDENT WROTE BACK ON &EBRUARY TO SAY THEY WOULD LOOK
INTO THE MATTER ) ENCLOSE A COPY OF THEIR REPLY MARKED g"g ) RECEIVED NO FURTHER
INFORMATION NOR REPLY FROM THE FIRST RESPONDENT
!S THE RESPONDENT HAS NOT REPLIED TO THE COMPLAINT WITHIN DAYS THE 0ENSION
&UNDS !DJUDICATOR NOW HAS JURISDICTION TO DEAL WITH THIS MATTER
0!24)#5,!23 /& 4(% #/-0,!).4
5NDER THIS HEADING YOU SHOULD EXPLAIN WHAT THE COMPLAINT IS ABOUT
4(% "!#+'2/5.$
&IRST GIVE THE HISTORY OF YOUR WORK WITH THAT EMPLOYER AND MEMBERSHIP OF
THE PENSION FUND 7RITE DOWN ALL THE BACKGROUND
%8!-0,%3
) STARTED WORK FOR THE SECOND RESPONDENT ON *ANUARY AS A MESSENGER
) RETIRED ON 3EPTEMBER
!LL THE TIME ) WORKED FOR THE SECOND RESPONDENT ) WAS A MEMBER OF THE FIRST
RESPONDENT A DEFINED BENEFIT FUND ) MADE REGULAR CONTRIBUTIONS FOR MY PENSION
/R YOU MIGHT SAY
) PURCHASED AN ANNUITY WITH THE 'OLDEN 2ETIREMENT !NNUITY &UND ADMINISTERED
BY !CE )NSURANCE #OMPANY ON *ULY AND ) CONTRIBUTED 2 MONTHLY TO THIS
!T THE DATE OF RETIREMENT ) DECIDED TO GET A CASH LUMP SUM ) TOOK THE REST OF MY
RETIREMENT BENEFIT AS A MONTHLY PENSION
%80,!). 4(% 02/",%-
4HE LAW SAYS YOU CAN COMPLAIN ABOUT
s HOW THE PENSION FUND IS RUN
s HOW THE MONEY IS INVESTED
s THE RULES OF THE PENSION FUND
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s THE PENSION FUND DID SOMETHING IT WAS NOT ALLOWED TO DO
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IV (ET IEMAND DIE ONGEVAL SIEN GEBEUR )NDIEN JA MELD .AAM.AME
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COMMISSION OF A REGULAR NATURE
4OELAES VAN GEREELDE AARD!LLOWANCE OF A REGULAR NATURE
A "ONUSSE BV DE TJEK "ONUSES EG TH CHEQUE
B !NDER SPESIFISEER /THER SPECIFY
+ONTANTWAARDE VAN HUISVESTING#ASH VALUE OF QUARTERS
+ONTANTWAARDE VAN VOEDSEL#ASH VALUE OF FOOD
A !S DIE ONGEVAL DIE $//$ VAN DIE WERKNEMER TEN GEVOLGE GEHAD HET MOET ONDERSTAANDE INLIGTING BETREFFENDE SY AFHANKLIKES
TEN BEHOEWE VAN WIE DIE EIS INGESTEL WORD VERSTREK WORD)F THE ACCIDENT RESULTED IN THE $%!4( OF THE EMPLOYEE THE FOLLOWING
INFORMATION RELATING TO HIS DEPENANTS ON WHOSE BEHALF THE CLAIM IS MADE SHOULD BE GIVEN
6OLLE NAAM !DRES $ATUM VAN GEBOORTE 6ERWANTSKAP MET WERKNEMER
&ULL NAME !DDRESS $ATE OF BIRTH 2ELATIONSHIP WITH EMPLOYEE
B )N DIE GEVAL VAN ALLE !.$%2 ONGEVALLE MOET ONDERSTAANDE INLIGTING BETREFFENDE DIE NAASBESTAANDES VAN DIE WERKNEMER
VERSTREK WORD)N THE CASE OF ALL /4(%2 ACCIDENTS THE FOLLOWING INFORMATION SHOULD BE FURNISHED IN REGARD TO NEXT OF KIN OF THE
EMPLOYEE
6OLLE NAAM !DRES 6ERWANTSKAP
&ULL NAME !DDRESS 2ELATIONSHIP
6ERGOEDING INGEVOLGE DIE 7ET OP 6ERGOEDING VIR "EROEPSBESERINGS EN SIEKTES VOORHEEN /NGEVALLEWET WORD HIERBY
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ABOVE
%K BEVESTIG DAT VOLGENS MY WETE DIE INLIGTING IN HIERDIE VORM VERVAT KORREK IS
) CERTIFY THAT THE INFORMATION IN THIS FORM IS TO THE BEST OF MY KNOWLEDGE CORRECT
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3IGNATURE OF EMPLOYEE OR PERSON ACTING ON HISHER BEHALF
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#HECKLIST FOR A LABOUR PROBLEM
s &ULL NAME AND ADDRESS OF THE EMPLOYEE AND IF POSSIBLE A TELEPHONE NUMBER
s &ULL NAME ADDRESS AND TELEPHONE NUMBER OF THE EMPLOYER
s 7AS THERE ANY WRITTEN EMPLOYMENT CONTRACT
s 4HE EMPLOYEEgS WAGE AT THE TIME OF THE COMPLAINT
s (OW LONG HAS THE EMPLOYEE BEEN WORKING THERE
s 7HAT WORK WAS THE EMPLOYEE DOING
s 7HAT ARE THE DETAILS OF THE EMPLOYEEgS COMPLAINT
s )F THE PROBLEM RELATES TO A DISMISSAL
n WHEN DID THE DISMISSAL TAKE PLACE
n WAS THE EMPLOYEE GIVEN NOTICE OF THE DISMISSAL OR PAID IN LIEU OF NOTICE
n DOES THE EMPLOYEE WANT TO GO BACK TO HIS OR HER JOB IF THE DISMISSAL WAS UNFAIR
s $OES THE EMPLOYEE KNOW WHETHER THE EMPLOYERgS COMPANY WAS A MEMBER
OF A "ARGAINING #OUNCIL
s )S THE EMPLOYEE A MEMBER OF A UNION
)F SO GET THE UNIONgS NAME ADDRESS AND TELEPHONE NUMBER
#HECKLIST TO PREPARE FOR ARBITRATION
(ERE IS A CHECKLIST TO HELP AN EMPLOYEE PREPARE FOR AN ARBITRATION
s $OES THE EMPLOYEE UNDERSTAND WHAT IS MEANT BY ARBITRATION AND WHAT IT ENTAILS
s (AVE THE EMPLOYEE AND THE EMPLOYER AGREED ON THE ISSUE WHICH THE ARBITRATOR
WILL BE ASKED TO DECIDE
s (AS THE EMPLOYEE MADE COPIES OF ALL NECESSARY DOCUMENTS FOR THE ARBITRATOR
TO USE AT THE HEARING
s 7ILL THE EMPLOYEE NEED THE SERVICES OF AN INTERPRETER
)F SO HAVE THEY MADE THE NECESSARY ARRANGEMENTS TO GET SOMEONE
s (AS THE EMPLOYEE MADE ARRANGEMENTS FOR ALL WITNESSES TO BE PRESENT
AT THE HEARING
/RAL EVIDENCE FROM WITNESSES IS OFTEN THE BEST WAY OF PROVING A CASE
#HECKLIST TO PREPARE
A CLAIM FOR REINSTATEMENT
s &ULL NAME AND ADDRESS OF THE EMPLOYEE AND IF POSSIBLE A TELEPHONE NUMBER
s &ULL NAME AND ADDRESS OF THE EMPLOYER
s 4HE EMPLOYEEgS LENGTH OF SERVICE
s %MPLOYEEgS WAGE AT THE TIME OF THE DISMISSAL
s 7AS THERE ANY WRITTEN EMPLOYMENT CONTRACT
s 7AS THERE ANY ESTABLISHED DISCIPLINARY CODEPROCEDURE
s 7HAT WAS THE NATURE OF THE EMPLOYEEgS JOB AND OF THE EMPLOYERgS BUSINESS
IN GENERAL
s $ID THE EMPLOYEE RECEIVE NOTICE IN WRITING
s 'ET DETAILS OF THE EMPLOYEEgS MARRIAGE FAMILY SITUATION DEPENDANTS
AGES OF CHILDREN WHETHER STUDYING WORKING OR UNEMPLOYED
s )S THE EMPLOYEE A MEMBER OF A UNION )F SO GET THE UNIONgS NAME ADDRESS
AND TELEPHONE NUMBER
s $OES THE EMPLOYEE KNOW WHETHER THE EMPLOYERgS COMPANY WAS A MEMBER
OF A "ARGAINING #OUNCIL
s 7HAT ARE THE EMPLOYEEgS PROSPECTS OF FINDING ANOTHER JOB
s $OES THE EMPLOYEE HAVE ANY OTHER INFORMATION OR DOCUMENTS THAT MIGHT
BE RELEVANT TO THE CASE
#HECKLIST FOR PROBLEMS ABOUT 5)&
s .AME ADDRESS AND IDENTITY NUMBER OF EMPLOYEE
s 7AS THE EMPLOYEE A CONTRIBUTOR TO THE 5)&
s )S THE EMPLOYEE OUT OF WORK OR WITHOUT WORK BECAUSE OF BEING PREGNANT OR
ILLNESS OR HAS THE EMPLOYEE DIED AND THE DEPENDANTS ARE CLAIMING 5)& DEATH
BENEFITS
s 7AS THE EMPLOYEE REGISTERED BY THE EMPLOYER WITH THE &UND
s )S THE EMPLOYEE PERMANENTLY RESIDENT IN 3OUTH !FRICA
s (AS THE EMPLOYEE REGISTERED FOR BENEFITS
s 7AS THE EMPLOYEE TOLD THAT THE BENEFITS ARE USED UP
)S THE EMPLOYEE STILL UNEMPLOYED OR SICK
s (AVE MORE THAN MONTHS PASSED SINCE THE EMPLOYEE LAST WORKED
#HECKLIST FOR #OMPENSATION PROBLEMS
s 7HAT IS THE NAME OF THE EMPLOYEE
s 7HAT IS THE ADDRESS OF THE EMPLOYEE AT WORK AND AT HOME
s 7HAT IS THE AGE OF EMPLOYEE
s 7HAT IS THE NAME OF THE EMPLOYEEgS EMPLOYER AT THE TIME OF THE ACCIDENT
s 7HAT IS THE ADDRESS OF THE EMPLOYER
s 7HAT WORK WAS THE EMPLOYEE DOING AT THE TIME OF THE ACCIDENT
s 7HAT WAS THE DATE OF THE ACCIDENT
s (AS THE EMPLOYEE RECEIVED ANY CORRESPONDENCE LETTERS OR FORMS FROM
THE COMPENSATION OFFICE
s 'IVE DETAILS OF THE ACCIDENT
s 7HAT IS THE NAME OF THE EMPLOYEEgS DOCTOR
s 7HAT INJURIES DID THE EMPLOYEE SUFFER IN THE ACCIDENT
s (OW LONG WAS THE EMPLOYEE OFF WORK AS A RESULT OF THE ACCIDENT
s )S THE INJURY PERMANENT OR TEMPORARY
s #AN THE EMPLOYEE STILL DO SOME WORK OR NOT FOR EXAMPLE LIGHT DUTIES
s )S THE EMPLOYEE STILL HAVING MEDICAL TREATMENT OR IS THE MEDICAL TREATMENT
FINISHED
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