Securing alternative employment with a different employer

S41 (2) of the Basic Conditions of Employment Act (BCEA) provides that "an employer must pay an employee who is dismissed for reasons based on the operational requirements or whose contract of employment terminates or is terminated in terms of S38 of the Insolvency Act, severance pay equal to at least one week's remuneration for [...]

2021-06-15T18:12:04+02:00June 15th, 2021|Contracts, Dismissal|Comments Off on Securing alternative employment with a different employer

An employee wants to retire, however, there is no agreement on retirement age

There is currently no specific law that provides at what age an employee must retire. The ordinary retirement age is usually between 60 to 65 years. An employee cannot be forced to retire unless their employment contract has a specified age which indicates when they must retire, or a rule contained in the workplace which [...]

2021-05-26T10:30:54+02:00May 26th, 2021|Contracts|Comments Off on An employee wants to retire, however, there is no agreement on retirement age

Should I add this to my employment contract? The BCEA’s written particulars!

INTRODUCTION The first good step in ensuring that employment contracts are not in contravention of the provisions of the Basic Condition of Employment Act (BCEA) is to consider section 29 of the BCEA, which essentially sets out the minimum particulars that must be in writing prior to an employee's first day of commencing employment.   [...]

2021-04-28T12:55:33+02:00April 28th, 2021|Contracts|Comments Off on Should I add this to my employment contract? The BCEA’s written particulars!

How Independent are “Independent Contractors” really?

It often happens that companies make use of independent contractors to render certain services for the company and although the company never intended such persons to be employees, they may still be regarded as employees.   Companies often enter into “independent contractor” agreements with third parties for the rendering of certain services and are under [...]

2021-03-24T14:44:19+02:00March 24th, 2021|Contracts|Comments Off on How Independent are “Independent Contractors” really?

The differences between the BCEA Section 69(5) and BCEA Section 73A processes

Introduction Section 69 and Section 73 of the Basic Conditions of Employment Act make provisions for parties to a statutory wage dispute to refer such dispute for determination by an arbitrator.   While both processes involve claims for alleged outstanding money and the outcome of both is the same insofar as the Arbitrator will make [...]

2021-02-24T10:02:37+02:00February 24th, 2021|Contracts|Comments Off on The differences between the BCEA Section 69(5) and BCEA Section 73A processes

The inner workings of Section 73A of the Basic Conditions of Employment Act

Purpose: Section 73A of the Basic Conditions of Employment Act (“BCEA”) confers jurisdiction on the CCMA to conciliate and arbitrate disputes in which employees earning below the prescribed threshold may claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or contract of employment. [...]

2020-12-21T09:10:41+02:00December 21st, 2020|Contracts, Wages|Comments Off on The inner workings of Section 73A of the Basic Conditions of Employment Act

Bonus: Are all employees entitled to a bonus or 13th cheque?

This has been a difficult year for everyone and now more than ever, employers are struggling to not only maintain their staff compliment but pay staff additional extras such as bonuses. The payment of bonuses, especially the 13th cheque or year-end bonuses, has always been quite a controversial issue because the majority of employees assume [...]

2020-12-15T14:20:24+02:00December 15th, 2020|Contracts|Comments Off on Bonus: Are all employees entitled to a bonus or 13th cheque?

Annual leave during December and failure to return to work

As the festive season fast approaches it is important that employers are fully informed of all issues relating to annual leave. Issues surrounding annual leave tend to become more common during this time.   The conclusion of an employment contract creates reciprocal rights and obligations between employer and employee and the parties to an employment [...]

2020-12-11T11:01:34+02:00December 11th, 2020|Contracts|Comments Off on Annual leave during December and failure to return to work

Can a Restraint of Trade Clause be Enforced?

Employers often include a “Restraint of Trade” clause in an employment contract, and it happens, from time to time, that employers appoint employees who are still bound to a “Restraint of Trade” clause from a previous employment relationship. The question however is, how enforceable are these clauses?   As a point of departure, let us [...]

2020-11-26T09:50:24+02:00November 26th, 2020|Contracts|Comments Off on Can a Restraint of Trade Clause be Enforced?
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