What are workplace forums?

What are the functions of a workplace forum?

Section 79 of the Labour Relations Act (LRA), sets out four “general functions” and provides a broad overview of what workplace forums aim to achieve:

A Workplace forum differs from a trade union. In addition, a trade union can embark on strikes and industrial actions, whereas a workplace forum cannot.
Section 84(1) states that workplace forums have the right to be consulted regarding the following issues:

Disputes regarding workplace forums are typically resolved through a combination of internal mechanisms, collective agreements, arbitration and legal frameworks. Understanding these processes is crucial for both employees and employers to ensure fair and effective resolution of conflicts.

Conclusion

Workplace forums in South Africa are a valuable tool for promoting cooperative relations between employers and employees. They serve as a platform for joint decision-making on non-wage issues and can enhance workplace productivity and efficiency. However, the success of workplace forums depends on several factors, including the effective implementation of their constitution, the training of elected members and the ability to address challenges that may hinder their success.

Anisha Naidoo | HR Manager

Reference: https://www.studocu.com/en-za

UIF Benefits

To qualify for UIF benefits, the following criteria must be met:

Contributions: Applicant must have contributed to the UIF while employed. Both employers and employees contribute 1% of the employee's monthly salary to the fund.

Employment Termination: Applicant can claim benefits if employment was terminated by the employer. Claims cannot be made if the applicant resigned voluntarily, was suspended, or absconded from work, unless deemed a constructive dismissal by the CCMA.

Registration: Applicants must register as a work seeker and apply for benefits within six months of losing their job. 

Types of Benefits

The UIF provides several types of benefits, including:

Benefit Calculation

Percentage of Salary: UIF benefits range from 38% to 58% of the applicant’s average monthly salary, depending on the applicant’s earnings. Lower-income earners receive a higher percentage, while higher earners receive a minimum of 38%. 

Maximum Salary Threshold: As of 2025, the maximum salary considered for UIF benefits is R17,712 per month. If the applicant earned more than this, the applicant’s benefits will be calculated based on this threshold. 

Duration of Benefits: The applicant can claim benefits for up to 12 months, depending on the number of credit days the applicant has accumulated. One day of credit is earned for every four days worked, with a maximum of 365 days over four years. 

Application Process

To apply for UIF benefits, the applicant will need:

The applicant can apply for UIF benefits either online through the uFiling platform or in person at the nearest Labour Centre. 

Conclusion:

Anisha Naidoo | HR Manager

Key Aspects of Maternity Leave

• Duration: Employees are entitled to four consecutive months of maternity leave under the Basic Conditions of Employment Act (BCEA). This leave can start up to one month before the expected date of birth and must include a mandatory six-week no-work period after childbirth unless a medical practitioner certifies that it is safe to return to work.
• Payment: Maternity leave is generally unpaid. However, employees can claim maternity benefits from the Unemployment Insurance Fund (UIF), which typically provides benefits ranging from 38% to 60% of the employee's earnings, depending on their salary level. These benefits can be claimed online or at a Labour Centre.
• Employer Obligations: Employers are required to hold the employee's job open during maternity leave and cannot discriminate against employees for taking maternity leave. They must also protect pregnant and breastfeeding employees from hazardous work conditions.
• Notice Requirements: Employees must give their employer at least one month's notice before the commencement of maternity leave. There is no legal requirement for when an employee must inform their employer about their pregnancy, but it is advisable to do so to facilitate planning.
• Accrual of Leave: Employees continue to accrue annual leave during their maternity leave, whether it is paid or unpaid.

Qualifying Conditions to apply for maternity benefits under the UIF Benefit:

• The application should be made prior to the birth of a child or within twelve months of birth of the child
• The contributor must be receiving less than the normal remuneration whilst on maternity leave.
• Benefits are payable at a flat rate of 66% to a female contributor, for confinement or the period after birth of a child.
• Maternity benefits will be paid for a maximum of 121 days.
• In an event of a miscarriage or a stillbirth, benefits are paid for a maximum period of 121 days.
• A contributor must have been employed for at least 13 weeks before the date of application for maternity benefits.
• Benefits are payable is the difference between what the employer pays and the rate is prescribed in the benefits schedule of the Unemployment Insurance Act.
• Requirements
• Banking details UI-2.8 form.
• 13- digit Bar-coded South African ID / Passport /ID, Valid Foreign National passport/ID card/asylum seeker/refugee document.
• Declaration in respect of remuneration received whilst on maternity leave. A completed Ul-2.7 form.
• The application form UI-2.3.
• Doctors certificate for expected date of confinement or after childbirth, the birth certificate.
• Follow-up form UI-4 will be issued.

Reference: https://www.labour.gov.za

Anisha Naidoo | Human Resources Manager

Singh addressed a joint Department of Employment and Labour and Commission for Conciliation, Mediation and Arbitration (CCMA) workshop on the recent amendments to the EE Act and setting of EE targets.

In terms of the amendments to the EE Act signed into law in April 2025, employers that employ 50 or more employees will need to:

“We are removing the regulatory burden for designated employers. Our law is not about excluding anyone. It is about inclusivity," Singh said.

According to Singh, affirmative action is a temporary tool to effect equity, “if we meet our targets and objectives – we will not need it anymore".

The main objectives of the Employment Equity Amendments are:

In the case where an employer cannot meet own set targets, there must be justifiable reasons. The annual targets the employer sets to meet the five-year targets were a milestone designed to meet the economically active population (EAP) statistics.

If you require any assistance related to Employment Equity reporting kindly contact our Recruitment Agency on 031 831 3201 or email: recruitment@masterbuilders.co.za.

Anisha Naidoo | Human Resources Manager

Reference: https://www.labour.gov.za/ee-compliance-certificate-to-be-a-prerequisite-for-access-to-state-contracts-%E2%80%93-department-of-employment-and-labour 

Failure to comply with the relevant provisions of the EE Act would be sufficient grounds for rejection of any offer or cancellation of the agreement.

The Department published sets of Employment Equity (EE) Regulations on 15 April 2025:

In terms of the amendments to EE legislation, the Minister of Employment and Labour is empowered to issue an EE Certificate of Compliance on condition that the employer has complied with a number of requirements. These conditions include the following:

The Department of Employment and Labour is conducting EE workshops in partnership with the Commission for Employment Equity (CEE) and the Commission for Conciliation, Mediation and Arbitration (CCMA). The national workshops are part of advocacy to engage with various stakeholders in the labour market on the implementation of the new legislation and its regulations.

The 2025 EE workshops focus on the following:

As of 1 September 2025, when employers submit their 2025 EE reports, they will have to do so in line with the new legislation.

Key in the implementation of the new amendments and regulations is the setting of five-year sector EE targets, the enhancement of the EE system and how to request an EE Certificate of Compliance to be able to conduct business with the State.

Master Builders KwaZulu-Natal provides assistance with employment equity compliance and reporting. Members are urged to contact the Association for assistance.

A Naidoo | HR Manager

Reference: //www.bing.com/

What is an Employment Equity Plan?

A key component of the EEA is the requirement for designated employers to design and implement an Employment Equity Plan. The purpose of this plan is to enable employers to make reasonable progress toward achieving employment equity within their businesses. By implementing an Employment Equity Plan, employers demonstrate their commitment to eliminating unfair discrimination in the workplace and to achieving equitable representation of designated groups through affirmative action measures.

Who does employment equity apply to?

Employment equity applies to employers who:

Key Components:

An Employment Equity Plan must clearly outline the steps the employer will take to achieve the objectives of employment equity, including annual objectives, affirmative action measures and numerical goals for equitable representation of designated groups. The plan must include a timetable for achieving both numerical and non-numerical goals, a monitoring process, procedures to resolve disputes and the identification of those responsible for implementation. The plan must have a duration of between one and five years.

Employers however are not left to navigate this process without guidance. The Department of Employment and Labour has published a Code of Good Practice as well as a guide to tailor plans to meet the employer’s specific needs while still adhering to the requirements as set out in the EEA.
 
This Code, together with a user guide, offers a structured approach for employers to follow in preparation, implementation and monitoring of Employment Equity Plans. 

Steps to implement an Employment Equity Plan

To successfully implement an Employment Equity Plan, employers must follow a few critical steps:

Feel free to contact the Recruitment Agency on 031 831 3201 or recruitment@masterbuilders.co.za for assistance with your Employment Equity Plan.

References:

1. https://lwo.co.za/2024/09/21/understanding-employment-equity-plans-in-sa/

Anisha Naidoo | Human Resources Manager

Best practices for managing probationary periods
To get the most out of a probationary period, its essential to manage it effectively. This starts with setting clear and measurable objectives from the beginning. Regular reviews during the probation period should be scheduled to assess progress against these KPIs. Additionally, offering support and training during this time is crucial. Employees who are given the tools and resources they need to succeed are more likely to thrive in their roles. Providing constructive feedback and being open to employee input creates a positive working relationship and ensures that any issues can be addressed early on.

Conclusion
In conclusion, probationary periods are an invaluable tool for employers and employees alike. They provide a clear framework for evaluating performance, ensuring a good cultural fit and fostering open communication. Utilising probationary periods effectively can lead to improved employee retention, reduced legal risk and a more harmonious workplace. By setting clear expectations, providing support, and regularly reviewing progress, businesses can ensure that new hires are set up for success from the outset.

Reference:

www.publicsectorleaders.co.za

Anisha Naidoo | HR Manager

• The employment relationship ends when:
• An employee is dismissed
• An employee resigns
• An employee is retrenched
• An employee retires
• A fixed-term contract comes to an end
• By mutual agreement
• The death of either party

1. A certificate of service must be given to an employee on termination of his/her services.

    

2. When an employee is dismissed, retires, is retrenched, passes away in service, or the contract comes to an end, the employee or the employee’s dependants in case of death, are entitled to claim benefits from the Unemployment Insurance Fund. To enable them to do this, the employer must supply them with a properly completed UI19 form which can be downloaded from the Department of Employment and Labour website

    

3. Notice – In the case of dismissal, unless there are grounds such as gross misconduct for dismissing the employee without allowing him/her to work out his/her notice period (‘summary dismissal’) the dismissal must be with notice. The employer can decide whether to allow the employee to work out the notice period or to pay out the notice period without the employee having to remain at work. Payment in lieu of notice is advised when an employee is dismissed. NB – An employer may not give notice to an employee when she/he is on leave, be it annual, parental, sick or maternity leave. Leave may also not be taken during the notice period. Statutory notice periods are as follows:

    

   • One week's notice, if the employee has been employed for six months or less.
   • Two weeks' notice, if the employee has been employed for more than six months, but not more than one year.
   • Four weeks' notice, if an employee has been employed for one year or more or is a domestic worker or a farm worker who has been employed for more than six months.

    

4. Pay outstanding leave – This is compulsory for all forms of termination of employment. For an employee that dies in service, outstanding leave should be paid in accordance with the Master’s letter appointing an executor. Deductions - An employer may not make any deductions from an employee’s remuneration unless the employee agreed to this in writing (including a contract) or the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.

    

5. Payroll – The employer should ensure that the employee’s details are removed from the payroll and that access to the business premises is revoked or restricted – this applies when an employee leaves for any reason.

    

6. Withdrawal documents -To exit or transfer their Pension/Provident fund (if applicable)

Reference:

https://smelaboursupport.org.za/

A Naidoo | HR Manager

The Unemployment Insurance Act and the Unemployment Insurance Contributions Act applies to all employers and workers with exception of:

• Learnerships;
• Public servants; 
• Foreigners working on contract; and
• Workers who only earn commission. 

• Unemployment 
• Illness 
• Maternity 
• Adoption 
• Dependents 

The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body established in terms of Section 112 of the Labour Relations Act, 1995 (Act no. 66 of 1995) [as amended] (LRA) and draws its legislative mandate principally from Section 23 of the Constitution of the Republic of South Africa (1996) and the LRA.

The CCMA, as a national public entity in terms of Schedule 3A of the Public Finance Management Act (PFMA), is an independent body that neither belongs nor is affiliated with any political party, trade union or business. The CCMA aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”.

Mandatory functions:

The CCMA will:

• Conciliate workplace disputes.
• Arbitrate certain categories of disputes that remain unresolved after conciliation.
• Establish picketing rules in respect of protected strikes and lockouts.
• Facilitate the establishment of workplace forums and statutory councils.
• Compile and publish information and statistics about its activities.
• Consider applications for accreditation and subsidy by bargaining councils and private agencies.
• Administer the Essential Services Committee, and at least every second year, review any rules made in terms of this section.

Discretionary Functions:

The CCMA may:

• Supervise ballots for unions and employer organisations.
• Provide training on any aspect of employment law, including:
• The establishment of collective bargaining structures.
• Workplace restructuring.
• Consultation processes.
• Termination of employment.
• Employment equity programmes.
• Dispute prevention.
• Advise a party to a dispute about the procedures to follow.
• Offer to resolve a dispute that has not been referred to the CCMA.
• Make rules on practice and procedure.
• Publish guidelines on any aspect of the LRA.
• Conduct and publish research.
• Provide assistance of an administrative nature to an employee earning less than the BCEA threshold.
• Determine fees that the CCMA can charge and regulate practice and procedure for conciliation and arbitration hearings.

Anisha Naidoo

HR Manager

South Africa is governed by the Employment Equity Act (EEA), a law that promotes workplace equality, ensures all employees receive equal opportunities, and mandates fair treatment by employers. This law protects society from unfair treatment and any form of discrimination.

Submitting Employment Equity Reports is a legal requirement for companies exceeding specified thresholds. Such reports are crucial for B-BEEE scoring and failure to submit them will result in a zero score on the Management Control element during B-BEEE verification.

What are the benefits of submitting an Employment Equity report?

• Legal compliance: Ensures compliance with the EEA, thereby avoiding potential penalties imposed by the Department of Employment and Labour.
• Enhanced B-BBEE Scorecards: Positively impacts your B-BBEE score, improving your overall rating.
• Reduced unemployment: Contributes towards lowering the national unemployment rate by promoting fair access to employment opportunities.
• Improved workforce quality: Helps to ensure that positions are filled based on merit, thereby enhancing the quality and competence of the workforce.

How should a company prepare for Employment Equity audits?

The Department of Employment and Labour inspectors randomly conduct audits to ensure that companies comply with the Employment Equity Act. These are the inspections that normally take place.

The Department of Employment and Labour’s expectations with regard to EE Audits

Under Section 43 of the EEA, the company will receive a notification either requesting submission of documents (Director-General Review Assessment EEA7) or announcing an upcoming site inspection.

Companies will be expected to send information such as the following:

• Appointment letter for an EE manager as per Section 24 of the EEA.
• Appointment letters for the elected EE Committee.
• Minutes of the meetings and proof of consultation as per Section 16 of the EEA, including meeting agendas and signed attendance registers.
• EEA12 (Employment Equity analysis) proof of analysis as per Section 19 of the EEA.
• EEA13, copy of the company’s EE plan as per Section 20 of the EEA.
• Proof that employees were informed as required by Section 25.
• Proof of keeping records as per Section 26 of the EEA.

If the Inspector is not satisfied with the information that was sent in response to the first notice of inspection (DG Review Assessment), he/she will issue a Director-General recommendation.

• The company will be given 60 days to ensure that everything is corrected according to the DG recommendations, after which the corrected documents will be assessed again. If the Department of Employment and Labour is satisfied with the documentation, they will issue an approval letter; however, the company must ensure that implementation is according to the approved DG recommendations.
• The Department of Employment and Labour will continue to monitor the company by issuing a Monitoring Report On The Implementation Of The Employment Equity Plan. This usually happens within one to two years after a company’s audit documents have been approved.
• The Department of Employment and Labour will then check whether:  

1. The employer is implementing its approved EE plan as required by Section 20(1), with specific focus on the progress made towards implementation of AA measures that were identified to overcome the barriers identified in the EEA13, and whether numerical goals and targets are being met. If not, they will check if there are justifiable reasons for not reaching the relevant targets.
2. The employer has submitted its annual Employment Equity reports and if they are reporting correctly on the progress made as set out in the EEA13.
3. The employer still complies with all other provisions of EEA.

If the employer does not comply with the Monitoring of implementation notice, the Department of Employment and Labour will issue a Confirmatory Notice to the employer and the matter will be referred to the Labour Court.

Anisha Naidoo

HR Manager

Reference

Nakeli, Katlego. “SERR Synergy.” Serr.co.za, 2024, serr.co.za/understanding-the-importance-of-employment-equity-reporting-and-audits.

All designated employers are required to design an Employment Equity Plan specific to their business needs, projected over a 3-5 year period, with planned annual targets. The Plan documents and tracks reasonable progress towards achieving Employment Equity targets.

The Employment Equity Act allows employers to create a site-specific or business-specific Plan, unique to their needs in achievable periods. There is a specific recommended template from the Department of Employment and Labour, which guides the user through the process. This is called an EEA13 document.

A designated employer is an employer who has 50 or more employees, employers who employ less than 50 employees but whose annual turnover exceeds or equals the amounts in Schedule 4 of the Employment Equity Act, or an employer who has been declared a designated employer in terms of a collective agreement.

The Employment Equity Act requires employers to take certain measures to achieve Employment Equity.

1. Employers must consult with the unions and employees in order to make sure that the Plan is accepted by everybody and to allow all parties to have fair input.
2. Employers must analyse all employment policies, practices and procedures, and prepare a profile of their workforce in order to identify any problems relating to employment equity.
3. Employers must prepare and implement an Employment Equity Plan, setting out the Affirmative Action measures they plan to take to achieve the Employment Equity goals.
4. Employers must report to the Department of Labour on the implementation of the Plan in order for the department to monitor their compliance.
5. Employers must display a summary of the provisions of the Act in all languages relevant to their workplace. The summaries are available from the government printer and certain offices of the Department of Employment and Labour.

The deadline for employers to submit 2024 Reports (EEA2 & EEA4 forms) is 15 January 2025. The Employment Equity reporting season for both manual and online reporting opened on 1 September 2024. For manual reporting, the closing date was 2 October 2024.  

The relevant forms to submit are obtainable from the online services tab of the Department of Employment and Labour’s website at www.labour.gov.za

Master Builders KwaZulu-Natal assists with completing and submitting both EEA2 and EEA4 reports to the Department of Employment and Labour on behalf of clients. Please contact the Recruitment Agency for more information.

Anisha Naidoo

HR Manager

Reference

Andre. “Employment Equity Act.” Labour Guide South Africa, 1 July 2010, labourguide.co.za/employment-equity/employment-equity-act.

An employee is a person who is paid to work for somebody while an employer is a person or company that pays people to work for them.

Each of these parties has very specific rights in terms of common law and labour legislation. These rights are important and pivotal to creating successful employment relationships because these relationships are built on trust and the rights of parties. The rights of the employee are the obligations of the employer, and the rights of the employer are the obligations of the employee.

General employee rights

• Not to be unfairly dismissed or discriminated against
• To be provided with appropriate resources and equipment
• To have safe working conditions
• To receive the agreed remuneration on the agreed date and time
• Fair labour practices
• To be treated with dignity and respect
• Non-victimisation in claiming rights and using procedures
• Leave benefits and other basic conditions of employment as stipulated in the BCEA.

General employer rights

• To expect employees to render the agreed services on the agreed days and times.
• To carry out all work instructions and obey all reasonable and lawful instructions issued.
• To expect employees to display good behaviour in the workplace (to comply with company policy and procedure, and to comply with company Disciplinary Code and Procedure.
• To expect employees to act in the best interests of the employer at all times.
• To expect employees to follow workplace rules, company policies and procedures and work performance standards.
• To expect employees to strive honestly toward work objectives, and to expect employees to adhere to product specifications and quality standards.
• To expect employees to use the employer’s prescribed resources and methods.
• To expect employees to report any dishonest or unlawful practices in the workplace, including any breaches of company policies and procedures.

Anisha Naidoo

HR Manager

Reference

Claassen, A. (n.d.). Employee & Employer Rights – Labour Guide South Africa. [online] Labourguide.co.za. Available at: https://labourguide.co.za/general/employee-a-employer-rights.

Poor performance refers to an employee’s failure to fulfil the expectations or responsibilities outlined in their job description, i.e. not achieving their goals.

Common signs of a poor performer

• Unable to deliver results: Consistent failure to produce expected results.
• Repeated mistakes: Does not learn from previous errors.
• Consistent handholding: Requires a great deal of supervision.

The above are signs and not proof but they can help you assess if an individual is underperforming.

Effective management of a poor performer

Not effectively dealing with a poor performer may lead to a situation where said employee is unaware of his or her shortcomings and has no reason to improve. Other staff may also feel uncomfortable with this, as the poor performer’s input is not on par with the rest of the team. It is imperative that poor performance is addressed in a timely manner.

How a manager successfully deals with poor performance

It remains the manager’s responsibility to ascertain if the person does not know how to do the job or does not want to do the job. There are three critical Ts to keep in mind:

Train: If the employee does not know how to perform a task, then training will be an appropriate option.

Transfer or terminate: If the person does not want to do the job, then the manager will need to identify the source of the behavioural issue and either transfer or terminate.

9 key steps in managing a poor performer

1. Establish what the issue is.
2. Address the issue immediately.
3. Document the process.
4. Pose questions to relevant parties.
5. Encourage accountability.
6. Recognise the person’s strengths.
7. Provide honest feedback.
8. Form a performance improvement plan.
9. Follow up with the team member.

Guidelines in cases of dismissal for poor work performance

Any person determining whether a dismissal for poor work performance is unfair should consider:

1. Whether or not the employee failed to meet a performance standard.
2. If the employee did not meet a required performance standard, whether or not

   the employee was aware, or could reasonably be expected to have been aware, of the required performance standard.

3. Whether the employee was given a fair opportunity to meet the required performance standard.
4. Whether dismissal was an appropriate sanction for not meeting the required performance standard.

Anisha Naidoo

HR Manager

Reference

3 and 10 (2023) Poor performance, Labour Guide South Africa. Available at: https://labourguide.co.za/poor-performance/poor-performance (Accessed: 29 July 2024).

The end of an employment contract can result in various emotions. Let us navigate the reasons why employee contracts can be terminated.

1. Resignation
A resignation is the only termination that is initiated by the employee. The Basic Conditions of Employment Act requires that the employee places their resignation in writing provided that the employee is not illiterate. As an employment contract is a legal and binding document, always ensure that resignation is given to the employer in writing. Once you have a written resignation, respond immediately acknowledging the resignation in writing confirming acceptance of the resignation. This ensures that there are no uncertainties regarding whether the employee can retract the resignation or make claims of unfair dismissal.

2. Retirement
 It is imperative that all employment contracts contain a retirement clause indicating a retirement age. This must be aligned with your pension fund retirement dates. Once the employee’s retirement age is reached, ensure they retire. If you wish to retain their services, you may place them on a fixed-term contract. Bear in mind that fixed-term contracts cannot be extended indefinitely and that you would need to make succession plans for this position.

3. Fixed-term contracts
 Fixed-term contracts can be used for a specific reason for the operational requirements of a company. Fixed-term contracts may be used to temporarily replace a sick employee, for a fixed project, a training or articles of clerkship contract or to use the services of a retired employee.

4. Dismissal for Misconduct
This dismissal is due to an employee’s behaviour, either intentional or negligent. This occurs when an employee has broken a rule or has committed a serious offence where the trust between employer and employee has broken down and cannot be repaired. Where an employee has committed a dismissible offence, the employer is obliged to hold a disciplinary enquiry and afford the employee the opportunity to be heard.

5. Dismissal for Incapacity
Dismissal for incapacity occurs when an employee is incapable of fulfilling the requirements of his job and employment contract either due to poor work performance or ill health. These are no-fault dismissals on the part of the employee.

In the case of poor work performance where the employee shows an inability to reach the required standard of work, the employee must be aware of the standards required of him or her and be given a reasonable period to achieve such standards. The employer must mentor, train and coach the employee to reach the required standard of performance.  If the situation persists, the employer may hold an incapacity hearing where the employer should first look for alternative positions or solutions for the employee. If none can be found the employer can dismiss the employee. Employers often delay addressing cases of poor work performance, hoping the problem will resolve itself. This can lead to severe frustration, at which point they may consider retrenchment as a solution. However, a word of caution: deal with poor work performance promptly and follow the correct procedures to ensure a fair dismissal.

In terms of incapacity due to ill health where the employee is too ill to fulfil their contractual obligations, the employer must assess the employee’s health through valid medical evidence to determine the extent of the employee’s illness and whether there are reasonable accommodations that can be made in the workplace for the employee. The onus to seek alternatives by the employer is far greater if an employee has been incapacitated by an injury on duty.  Where no suitable alternatives are found the employer may hold an incapacity enquiry and dismiss the employee.

6. Retrenchment
 Dismissal for operational requirements, otherwise known as retrenchments, is another form of a no-fault dismissal on the part of an employee. The reasons to consider retrenchments are economic, structural or technological reasons. The process to follow is strictly set out by Section 189 of the Labour Relations Act. The employer must invite employees to participate in consultations regarding the retrenchment. The process of consultation is a joint consensus-seeking process to look for alternatives to retrenchments, delay retrenchments, mitigate the negative effects of retrenchments and discuss additional details of the retrenchments e.g. selection criteria, severance pay and the proposed date of retrenchment.

For further information, please contact the Master Builders KwaZulu-Natal Recruitment Agency on 031 831 3201 or recruitment@masterbuilders.co.za

Anisha Nadoo

HR Manager

Reference

Digita (2021) 6 Ways to legally to terminate employment contracts. https://www.infinityhrconsulting.co.za/2020/09/18/6-ways-to-legally-to-terminate-employment-contracts/.

Overtime refers to any hours worked by an employee that exceed their normally scheduled working hours. While a generalised overtime definition refers simply to hours worked outside of the standard working schedule, overtime commonly refers to the employee’s remunerations for such work.

In South Africa working hours including overtime is regulated by the Basic Conditions of Employment Act in Chapter two. Chapter Two of the Act is however not applicable to the following employees:

• Senior managerial employees.
• Employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work.
• Employees who work less than 24 hours a month for an employer.

Every employer in South Africa must regulate the working times of each employee:

• in accordance with the provisions of any Act governing occupational health and safety.
• with due regard to the health and safety of employees.
• with due regard to the Code of Good Practice on the Regulation of Working Time issued under section 87(1)(a) of the Act.

As per section 9 of the Basic Conditions of Employment Act, the maximum normal working time for an employee below the threshold is 45 hours per week. This means a maximum of nine hours for any day if the employee works for five days.

This does not mean that the employee must work 45 hours per week at normal times. The amount of normal time worked is a matter of contractual agreement between employer and employee. Some employees for instance only work a 40-hour week. The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week at normal times.

The maximum permissible overtime as per section 10 of the Basic Conditions of Employment Act is 10 hours in any 1 week. As per the definition of the Act a week means the period of seven days within which the working week of that employee ordinarily falls and a day a period of 24 hours measured from the time when the employee normally commences work. Employees earning below the threshold must be paid 1.5 times the normal wage rate for overtime worked except for Sundays. Overtime on a Sunday must be remunerated at double the normal wage rate.

By agreement the employer may allow an employee paid time off for overtime worked instead of paying the employee. The deferred paid time off must be granted to the employee within one month after working the overtime, but by agreement this period may be extended to 12 months.

Employees who earn in excess of the present threshold amount are not subject to the provisions of section 10 (overtime) of The Basic Conditions of Employment Act. This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off.

Anisha Naidoo

HR Manager

Reference

Andre (2010).Hours of Work and Overtime. [online] Labour Guide South Africa. Available at: http://labourguide.co.za/employment-condition/hours-of-work-and-overtime [Accessed 26 May 2024].

 Family Responsibility Leave can be taken on request when the:

• employee's child is born (Parental Leave now covers the birth or adoption of a child) or sick,
• or in the event of the death of the employee's spouse or life partner, or the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. 

Employees are entitled to 3 days of Family Responsibility Leave per year, as long as:

• The employee is a full-time or permanent employee.
• The employee works more than four days per week.
• The employee has worked for the company for at least four months.

The Basic Conditions of Employment Act applies to all employers and workers, except:

• Members of the National Defence Force.
• Members of the National Intelligence Agency.
• Members of the South African Secret Service.
• Unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

• Workers in senior management.
• Sales staff who travel and regulate their own working hours.
• Workers who work less than 24 hours in a month.
• Workers who earn more than an amount stated in terms of section 6 (3) of the Act.
• Workers engaged in emergency work are excluded from certain provisions.

Remuneration for family responsibility leave

• The employer is required to pay an employee for up to three days of Family Responsibility Leave the wage the employee would ordinarily have received for work on that day, which is payable on the employee’s usual pay day.
• Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event for which the leave was required.
• An employee may take Family Responsibility Leave in respect of the whole or a part of a day.
• An employee’s unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues.
• A collective industry or union agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this Act. 

Parental Leave

When an employee becomes a parent, regardless of gender, they are entitled to 10 consecutive days of parental leave, which may begin from when the child is born. It is important to note that these are calendar days, not working days, so if a baby is born on a Monday, the parent may take leave from that day until Wednesday the following week. Parental leave doesn’t apply for mothers who give birth, who are entitled to maternity leave.

Adoption Leave

The adoption process is slightly more complicated than regular childbirth, which is why adoptive parents are entitled to 10 consecutive weeks’ adoption leave. However, if there are two adoptive parents, only one may take adoption leave while the other is entitled to regular parental leave (10 consecutive days). The leave may start from the day the adoption order is granted, or the day the child is placed in the care of the prospective adoptive parent.

Commissioning parental leave

Commissioning parental leave relates to surrogacy. The BCEA states that the parent who will primarily be responsible for looking after the child, which is delivered via a surrogate mother, will receive 10 consecutive weeks off. In the event that there are two parents, one is entitled to take 10 consecutive weeks while the other is entitled to normal parental leave of 10 consecutive days. Leave in both instances can begin from the day the child is born.

Anisha Naidoo

Human Resources Manager

References

Zoe (2021) Paternity leave in South Africa, LeavePro. Available at: https://www.leavepro.co.za/blog/paternity-leave-in-south-africa/ (Accessed: 20 April 2024). 

The Basic Conditions of Employment Act 1997 defines the type of leave provisions to employees and of these, sick leave may be the most exploited. During every sick leave cycle, an employee is 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.

Despite subsection (2) of the Act, which refers to the regulation of work hours, during the first six months of employment, an employee is entitled to one day's paid sick leave for every 26 days worked. Subject to section 23, an employer must pay an employee for a day's sick leave (a) the wage the employee would ordinarily have received for work on that day, and (b) on the employee's usual pay day.

The provisions for sick leave do not apply to

• workers who work less than 24 hours a month.
• workers who receive compensation for an occupational injury or disease.
• leave over and above that provided for by the Act.

An employer may require a medical certificate before paying workers who are absent for more than 2 consecutive days, or who are often absent (more than twice in an 8-week period).

Sections 22 (1) through 22 (4) of the Act are reasonably clear. During every 36-month cycle, commencing from the first day of employment, the employee is entitled to be given paid sick leave equal to the number of days he normally works in a six-week period. Therefore, if the employee works a five-day week, his sick leave entitlement in every 36-month cycle is 30 days on full pay. If he works a six-day week, then his entitlement is 36 days on full pay.

During the first 6 months of employment, the employee is entitled to only 1 day paid sick leave in every 26 days worked. Any sick leave days taken during the first six months of employment is deducted from the full 36 months entitlement. On the first working day of month number 7, the balance of the full entitlement kicks in and is available to the employee. The employee can use those sick leave days at any time required over the next 2,5 years, or if it is the second cycle, over the next 3 years.

Employers must note that the sick leave is not 10 days per year, or 12 days per year, or 0, 83 days per month. It is 30 days (or 36 days) in every three-year cycle. If the employee uses up all his available sick leave at the beginning of the cycle or during a cycle, then he has no more sick leave available for the balance of those 36 months – and therefore any further requirement will be taken as unpaid leave.

Payment for sick leave is calculated at the employee’s normal wage rate or normal salary. To convert monthly payments to a daily rate, the monthly gross before deductions is divided by 4.3, which gives a weekly rate, and in the weekly rate is divided by 5 which gives a daily rate. The daily rate is divided by the number of hours ordinarily worked in a day, to arrive at an hourly rate. Weekly wages are simply divided by 5 to arrive at a daily rate. Employees should remember that sick leave is specifically for times of illness, not for other uses. Misuse, particularly if it disrupts business, may lead to disciplinary actions. It is important to communicate with your employer about excessive sick leave to avoid misunderstandings.

Furthermore, employers may require proof of illness, such as a medical certificate, to validate sick leave. This ensures the system's integrity and fairness within the workplace.

Anisha Naidoo

HR Manager

Reference

(2023) Sick leave, Labour Guide South Africa. Available at: https://labourguide.co.za/employment-condition/sick-leave (Accessed: 26 March 2024).

In line with the Skills Development Act, all registered employers with an annual payroll exceeding R500 000 must pay Skills Development Levies (SDL) and subsequently submit a Workplace Skills Plan (WSP) and an Annual Training Report (ATR).

Employers are required to submit annually to the relevant Sector Education and Training Authorities (SETA) before the deadline of 30 April each year. The Workplace Skills Plan (WSP) outlines the current required skills in a company.

The Annual Training Report (ATR) documents the progress made in implementing the previous year’s WSP.

Why is it important to submit the WSP and ATR?

Compliance with submission requires employers to effectively plan for how they intend to fill their various skills gaps. This also contributes to meeting the statutory requirements necessary to obtain B-BBEE points for the priority element of skills development. In terms of the B-BBEE Codes and Scorecard, Skills Development is identified as a “priority element” and 40% of the targets set out in the Skills Development Element must be achieved to score points. Additionally, WSP & ATR submissions provide Members with the opportunity to recover up to 69.5% of their SDL spend back from their respective SETAs through Mandatory and Discretionary Grants. The grant funding is allocated as follows:

• Mandatory Grant – 20%
• Discretional Grant – 49.5%

The link between B-BBEE and WSP & ATR submissions

One of the most critical elements of B-BBEE is Skills Development, as it addresses the skills shortage in the country. In the revised B-BBEE Codes of Good Practice, it has been identified as a priority element and non-compliance with sub-minimum targets will result in a measured entity dropping one level on the scorecard.

Your B-BBEE status level is determined by the number of points your business receives across the five B-BBEE elements. The higher your status level, the more procurement recognition your company will receive.

It is important to note that a measured entity will not score any points on a scorecard if it has not submitted a Workplace Skills Plan and Annual Training Report. This makes compliance with the Skills Development Act even more critical.

If you are having challenges with any aspect of Skills Development or simply do not have time to complete the submission, Master Builders KwaZulu-Natal Recruitment Agency can provide adequate support and ensure that you remain compliant.

How the Recruitment Agency can help you!

1. Prepare for submission

• The Recruitment Agency has a registered and certified Skills Development Facilitator and will ensure that clients are registered with the correct SETA with regards to sector and services.

2. Submit and Report

• Submission of the WSP and ATR to the relevant SETA.
• Report as per BEE requirements to ensure Skills Development points are recognised.
• Assist in the application for SDL refunds i.e. Mandatory and Discretionary grants.

For a quotation, please contact Anisha Naidoo on 031 831 3201 or recruitment@masterbuilders.co.za

Anisha Naidoo

HR Manager

Reference

insights.transcend.co.za. (n.d.). WORKPLACE SKILLS PLANS (WSP/ATR) SUBMISSIONS. [online] Available at: https://insights.transcend.co.za/workplace-skills-plans-wsp/atr-submissions.

When you are job hunting, standing out in a sea of identical-looking CVs

requires a bit of effort.

You might have a great deal of relevant experience, but if your CV is not

eye-catching, you run the risk of being overlooked. 

The following guidelines are designed to help you craft an effective CV

and include valuable insights from hiring managers, recruiters and HR professionals.

Items to consider when creating a CV:

Infographic CV: Out of approximately 240 applications, only 15 candidates are selected for a first interview,

that’s around 6 percent. An infographic CV can help increase your chance of being a part of that 6 percent!

Culture fit: Your future employer wants to know if you will be a culture fit and a team player. This depends largely on

your soft skills so be sure to include them.

Make sure your CV is mobile-friendly: While it’s worth pointing out that most head-hunters out there are

tapping away on LinkedIn via their laptops, you should consider that your CV and cover letter might be opened

on a smartphone. Therefore, ensure that your CV

displays correctly on a mobile device.

Consider your target industry when choosing colour schemes: Colour schemes are a great way to create

a certain kind of mood in your CV which could attract the attention of the right HR manager.

Use your CV to tell a story: To really capture the attention of the hiring manager, you’ll benefit

from telling a story in your CV.

Give a (design) nod to your line of work: Consider your CV as an extension of yourself and the work that you do.

So, use design elements that signify your profession.

Use your CV as a personal branding document: The idea is to create an online identity that helps you put your best foot

forward when it comes to landing professional opportunities.

Use a design that is trending: In order to stay ahead of the pack, you should consider designing your CV in a way

that is spot on with current graphic design trends.

Choose the right font for your CV: The right font can help you stand out and make your CV more engaging.

Visually emphasise your contact information section: To increase the probability of your CV getting picked,

place visual emphasis on your contact information section.

Make your CV as easy to read as possible: Make your CV easy to skim through so that readers are able to quickly

glean information.

Adhering to the above points will ensure that you have a CV that portrays you in the best possible light.

For all your recruitment needs, contact the Master Builders KwaZulu-Natal Recruitment Agency: recruitment@masterbuilders.co.za OR 031 831 3201

Anisha Naidoo

HR Manager

Reference

Leung, I. (2023) 15 Winning Resume Design Tips Plus Customizable Templates. https://piktochart.com/blog/tips-designing-winning-resume/#:~:text=Tip%20%231%3A%20Make%20your%20job%20skills%20as%20modern,Use%20your%20resume%20as%20a%20personal%20branding%20document.

As an employer, you may wonder how to protect your investment in your employees. How can you prevent them from leaving your business after you have taught them so much? The truth is that no employer can legally prevent an employee from resigning. This remains the choice of the employee. However, recruitment can be a daunting, expensive process. Therefore, it is critical for employers to be familiar with retention tools.

Below are the three most effective industry-recognised retention tools:

1. Organisational support

Most people want to have a good connection with their manager, be treated fairly and have access to positive challenging opportunities. They want to be paid fairly and competitively. A manager could be meeting the aforesaid expectations, but it also requires organisational support. Efforts to increase employee satisfaction includes team builds, training and opportunities for social interactions. Training should emphasise setting clear goals, providing good coaching and feedback, and providing appropriate employee recognition.

2. Internal promotions

Common practices involve the upskilling of staff from skilled trade positions to managerial positions. Internal promotions should be explored prior to sourcing and appointing external applicants. These promotions need to be aligned to an Employment Equity plan.

3. Remuneration as a retention tool

Money is an effective and simple motivator. Money motivates and more money motivates people to work extra hard. It’s natural to compete, and when rewarded with money for better work then productivity and standards are raised for all. Since it is not always wise or indeed possible to promote individuals, money can be used as an equitable and very acceptable way to reward all workers.  

It should also be noted that money is not always effective at motivating people and also has the power to demotivate. Money can transform employees who are naturally motivated at work into extrinsically motivated workers. In some instances, money rewards (e.g. bonuses, performance-related pay etc) may have little effect on what the worker does or feels.

In a nutshell, staff retention is a long-term and ongoing objective. It takes time to build relationships and foster trust between the employer and the employee. Time and effort need to be invested to develop a mutually beneficial relationship.

Anisha Naidoo

HR Manager

Source

https://www.chartcourse.com/employee-retention-strategy/ Accessed 02 October 2023

If you feel like most of your time and effort is spent on work, but your personal life is neglected, then this is a must-read for you.

What is a work-life balance?

A healthy work-life balance refers to maintaining a harmonious relationship with your work and personal life. It involves consciously managing your time and energy to meet both professional and personal commitments, while prioritising self-care and well-being. 

How do I achieve this?

•Setting barriers: This involves establishing a clear barrier between work and your personal life by defining specific working hours and separating work-related tasks from personal activities.
•Time management: Efficiently organising and prioritising tasks, ensuring that you allocate enough time for work responsibilities as well as personal pursuits, such as spending time with family, engaging in hobbies or pursuing personal goals.
•Stress management: Implementing strategies to manage stress, such as practising mindfulness, engaging in regular exercise, taking breaks and unplugging from work-related activities when needed.
•Flexibility: Having the ability to  adjust your schedule to accommodate unforeseen circumstances without jeopardising work commitments.

Signs of an unbalanced work-life dynamic

•You can’t stop thinking about work when you’re not at work.
•Your relationships both inside and outside of work are beginning to suffer. You may be easily irritated with coworkers and distant with loved ones.
•You feel off. 
•You have unexplained aches and pains. 
•When you are not at work, everything seems uninteresting or unimportant. 
•You spend a lot of money outsourcing support for personal tasks. Your laundry, dishes, and mail pile up, waiting for the day when you “have time” to get around to them.
•You struggle to take time off when you are sick, mentally strained or when you need to take care of personal tasks. 
•You cannot imagine doing what you do for the rest of your life, even if you work in a field or a company you once loved.
•You always feel like no matter what you are doing, you should be doing something else. 

Assisting employees to maintain a work-life balance.

1. Remind your team to unplug.
2. Give employees space to connect.
3. Educate employees on their benefits.
4. Check in with direct reports.
5. Set an example for your team.
6. Be aware of company culture and norms.
7. Respect working hours.

Anisha Naidoo
HR Manager

Reference 

Cambridge Dictionary (2023). Work-life balance. Available at: https://dictionary.cambridge.org/us/dictionary/english/work-life-balance. Accessed January 6, 2023.

A skills gap analysis is a process conducted by an organisation to determine the current skills in the workplace, the gaps (in terms of what is lacking) and how these gaps should be addressed. Each organisation has goals to achieve. To attain these goals the organisation must have specific skills that are developed from training, development and mentorship programmes.

Skills gap analysis can be conducted on two levels i.e., organisational/department level and the individual level. An organisational/department skills analysis is conducted at an organisational level and involves analysing the overall organisational goals, mission and vision. At this level, the employee’s current skill set is examined closely and compared to organisational goals. This process assists in determining the specific skills required by the organisation, closing the existing gaps and aligning individual goals to organisational goals.

When organisations are faced with a crisis or challenge it is crucial for a skills gap analysis to be conducted. Implementing new processes, introducing new technologies, expansion, upgrades and change are other examples of when a skills gap analysis should occur.

At an individual level, skills gap analysis is conducted by identifying current skills versus required skills to complete a job function. This process should be identified by the Team Leader/Line Manager. Such information is gathered from performance management tools, succession planning, workplace skills plan, employee surveys etc. This process also allows organisations to plan training for the upcoming year making it easier to schedule and rollout training.

Conducting a skills gap analysis is time-consuming. Therefore, it should be done correctly. This process also contributes to improving the overall performance of departments and individuals.

Dr. Prishana Datadin

Human Resources Manager

Source:

https://www.employeeconnect.com/blog/conducting-a-skills-gap-analysis

Workplace conflicts occur among colleagues, managers and departments. It occurs when peoples’ ideas, decisions and actions tend to clash with each other. Such environments tend to be unpleasant and cause unnecessary stress. Organisations need to be well-equipped to handle such situations to ensure a harmonious work environment for all.

Steps to reduce workplace conflict:

Policy and procedure.

Organisations need to be well prepared for a conflict situation. This will include developing a policy and procedure for handling and resolving conflict within the workplace. Once this process is followed, it allows the appropriate parties to efficiently resolve the issues at hand.

Knowledge and key skills.

It is necessary to equip the management team with the required knowledge and skills for managing conflict in the workplace. The relevant team should be identified and attend training on handling conflict and building key mediation skills. Further responsibility rests with the management team to ensure that effective communication is consistently disseminated in the workplace.

Encourage collaboration instead of competition.

The objectives and goals of the organisation need to be clearly outlined and effectively communicated. Growth within an organisation is encouraged but this should be done by motivating colleagues rather than promoting ineffective competitiveness that destroys trust and relations.

Work on effective communication skills

Effective communication creates better relationships, builds trust and improves work output. Communication when done correctly boosts employee morale, productivity and increases motivation to achieve organisational goals. Communication training/workshops on potential conflict scenarios should be held regularly.                                                                               

Team building

Team building creates an environment that encourages collaboration to achieve organisational goals. Organisations should embark on creating effective team building exercises that encourage trust, commitment, unity and effective communication between colleagues.

Dr Prishana Datadin

Human Resources Manager

Source

https://www.employeeconnect.com/blog/how-organisations-can-avoid-reduce-workplace-conflict/