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Tag: Basic Conditions of Employment Act (BCEA)

National Minimum Wage Act 9 of 2018 – what you need...

The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019. The NMWA provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission; a review and annual adjustment of the national minimum wage; and the provision of an exemption from paying the national minimum wage.  

Best interests of children broaden paid parental leave benefits

On 23 November 2018, the Labour Laws Amendment Bill was signed into law. The Bill provides a minimum period of leave entitlement to employees who are fathers, adoptive parents and parents in a surrogate motherhood agreement, amending the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act (UIF).

Aligning termination pay with the BCEA

If you have signed an employment contract that specifies something different to the Basic Conditions of Employment Act (BCEA), this will supersede what’s outlined in the Act provided that there is agreement between the parties and the conditions specified are not less favourable than the BCEA. 

Constitutional Court ruling | A change in the nature of labour...

On 26 July this year, the Constitutional Court clarified that organisations are deemed to be the employer of workers they accessed through labour brokers after those employees have been employed at their workplace for more than three months.

Early career choice for women a must

Other than the structural issues our society faces, one factor that has been fueling the existing gender pay gap in South Africa is the educational and career choices young women make.

Don’t doctor sick notes!

In business and labour, sick notes are of utmost importance, they play a far bigger role in effective HR management than many realise. Misunderstanding of the basic function of the sick note can lead to problems in terms of people management.

National Minimum Wage Bill (NMW) | analysis and impact

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.

Fathoming the National Minimum Wage (NMW)

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’.

Labour Law | key changes in South Africa

South African labour laws are constantly evolving as the government seeks to balance stronger protections for employees with the need to create a business-friendly investment climate.

Can a restraint of trade agreement survive a going concern transfer?

Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a term of a transferring contract of employment.
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