Tag: Basic Conditions of Employment Act (BCEA)

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’.

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.

The recent raids on businesses employing illegal foreign nationals in Cape Town underscores the Department of Labour’s mission to ensure that employers comply with labour legislation as it relates to the employment of foreign nationals.

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.

Currently, South African employment laws provide minimum leave entitlements for all employees for annual leave, sick leave, family responsibility leave, and unpaid maternity leave for female employees. A proposed amendment will introduce, for the first time, a new leave type of Parental Leave.

The issue of erroneously overpaying employees is usually found in the public sector but more inquiries are rapidly coming from the private sector and employers don’t know how to deal with this situation.

Lianne Freedman | CEO | EconoServ | lianne@econobee.co.za | www.econoserv.co.za | The issue of medical certificates that come from traditional healers is a sensitive issue that needs...