Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.
While unemployment and poverty remain some of South Africa’s biggest threats, our centralised collective bargaining model, which culminates in bargaining councils extending agreements to non-parties, remains the biggest deterrent to employment in affected industries.
Executive directors are facing a number of challenges and their companies are increasingly being held to account for their contribution to social upliftment in the face of pervasive inequality. Recent corporate failures have highlighted the importance of good corporate governance and ensuring that remuneration packages are appropriately structured so as to not drive excessive risk-taking.
The National Minimum Wage (NMW) Bill has been passed by the National Assembly and sent for concurrence to the National Council of Provinces. The implementation date of the NMW Bill will be announced after the National Council of Provinces (NCOP's) select committee considers the NMW Bill. The NMW legislation is intended to provide for a national minimum wage; to establish a National Minimum Wage Commission; to review and annually adjust the national minimum wage and provide for exemption from paying the national minimum wage.
What are the practicalities in implementation when trying to apply and decode the draft Bill? I have spent considerable time recently evaluating the practicalities of implementing the Bill on the NMW at numerous clients’ requests. I find it lacking clarity as there are no practical methods for calculating wages and it doesn’t adhere to ‘plain language principle’.
Common law obliges employees to be loyal to their employers, to carry out their work properly, to protect the employer’s reputation and to avoid conduct that could clash with the employer’s interests. However, there are limits to the employee’s duty of loyalty.
The publication of the Draft Broad-based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Draft Mining Charter 2018) on Friday, 15 June 2018 came in the wake of the widely-criticised Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry on 15 June 2017 (Mining Charter 2017).
South Africa’s Employment Equity Act (EEA) contains a number of anti-discrimination provisions, as well as mechanisms for employers to collect, analyse, plan and report on employment equity information. The mechanisms however, do not cater for those employees who do not identify with being either male or female.
Technological advancement is a main driver of economic growth, productivity, and operational efficiencies. Today, these technological advancements are largely in the fields of Artificial Intelligence (AI) and machine learning (a subset of AI) – the ability of machines, through the use of algorithms, to interpret data, predict outcomes and learn from successes and failures. This technological development, known as the 4th Industrial Revolution, is going to bring enormous change to how we live and work.