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Tag: Basic Conditions of Employment Act (BCEA)
The issue of digital disruption is currently at the forefront of business discussions across all industries, but is currently arguably most acutely being felt, and feared, in the Contact Centre industry. With Contact Centres at the forefront of both the interface between customers and the organisation and the cutting edge of new technology deployment, the imperative for Contact Centres to adapt to changing customer communication preferences is paramount.
We often receive queries about pay slips. Many times, these queries stem from employees not understanding how their salaries and wages are structured, as well as uncertainty about salary codes. There are two types of pay slips - the pre-employment ‘dummy’ pay slip and monthly pay slips. The ‘dummy’ pay slip should include an estimation of what you will be earning along with a detailed explanation.
South Africa has a complex labour environment, and depending on the industry a business operates in or the specific operational needs of the business, the laws applicable may differ. This landscape can become immensely complex to navigate, which is exacerbated further when it comes to flexible or part-time work, temporary or contract employment.
Employees who wish to access the revised parental leave benefits of 10 days per annum paid by the Unemployment Insurance Fund will be able to do so with full rights under the Basic Conditions of Employment Act (BCEA) as of 1 January 2020.
On 23 December 2019 a proclamation was published in terms of which sections 1, 2, 3, 4, 5, 6, and 7 of the Labour Laws Amendment Act 10 of 2018 (LLAA) became effective as of 1 January 2020.
The Labour Court has exclusive jurisdiction to determine matters arising from the Basic Conditions of Employment Act (BCEA) regardless of the stage at which the proceedings are at. In limited instances namely, the determination of any matter concerning a contract of employment, the Labour Court shares jurisdiction with the civil courts. The BCEA does not contemplate a situation where an employee should first approach a labour inspector before seeking relief from the Labour Court.
Employees face a two-fold risk if they do not take the leave they are legally entitled to. Firstly, they could forfeit their leave after a pre-determined period, depending on their company policy. Secondly, they could be diagnosed with burn out and be placed on extended sick leave. This places the organisation at significant financial risk.
It may surprise many employers to realise that there are currently no legal obligations placed on employers to give an employee any retirement benefits, and very often the employee is left to make his own arrangements.
Even though unlimited leave is not a new concept internationally, the news that a local specialist banking group has embraced it has raised a few eyebrows. This approach necessitates a radical change in thinking from corporate policy-makers.