Webinar : Episode 4

Tuesday, 6 October 2020

at 19:00

This Photo by Unknown Author is licensed under CC BY

Topic of webinar to be inserted here

Gerald Jacobs Labour Relations Consultant

BA.LLB (UCT) IRDP (distinction) (US)

Employment Solutions ConsultancyEscape people problems

• I&J Training Manager then Labour Relations Manager - 12 years• Foschini Group Training Manager, HR Manager Markhams, then

Group IR Manager - 9 years• Retail clothing family business - 5 years• Andrew Levy & Associates labour relations consultant - 9 years• Established own business – ESC Training CC - consult on labour law,

attend CCMA, run training - 12 years• Consultant to PSSA (employers and employees) for donkey’s years

(about 16+)

Labour pains –

medicine for labour laws –

some BCEA issues

4

Range :

1. Difference between permanent and temporary employee

2. Difference between full-time and part-time employee

3. Overtime issues

4. Parental leave and Family Responsibility leave

5. Changing terms and conditions of employment

6. Difference between independent contractor and employee

Objective: After this session you should be able to legally and fairly in your workplace:

1. save employment costs; and

2. enjoy a maximum working flexibility

5

Means

(a) “any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration;

and

(b) any other person who in any manner assists in carrying on or conducting the business of an employer.”

6

PERMANENT = Indefinite employment

TEMPORARY = Limited Duration employment (fixed term contract of employment)

7

FULL TIME = 45 ordinary hours per week

PART TIME = Less

8

Employee Permanent? Temporary?

Full Time?

Part Time?

Probation?

OVERTIME (only if earning below threshold)

• worked by agreement only

• daily = any time worked after ordinary hours up to 12 HPD max

• weekly = 10 HPW max

• rate = 1.5 x per hour

• compensation options = pay, or by agreement...

• pay 1 hour + 30 minutes paid time off, or...

• 90 minutes paid time off

• paid time off can be added to annual leave

LESS THEN 3 MONTHS MORE THAN 3 MONTHS

State reason x √ (9 choices)

Benefits By law(e.g. pro rated leave)

By law + Organisation’s(e.g. pension contribution

No discrimination X Treated the same as a permanent employee doing same or similar work

Severance pay X if temporary for 2 years or more, gets 1 week for each completed year

Risk X Claims “reasonably expected” permanent

PARENTAL LEAVE

• IF give 1 month written notice + IF produce proof = Mom or Dad

ON BIRTH = 10 consecutive (not “working”) days paid from UIF*

ON ADOPTION = same , or...

= 10 consecutive weeks paid from UIF for a child younger than 2

SURROGATE MOTHERHOOD = choice of either of the above

* unless mom employee gave birth. If so, she may choose at least 4 consecutive

months unpaid maternity leave, and may get a maternity benefit from UIF

FAMILY RESPONSIBILITY LEAVE

• IF works at least 4 days a week + IF worked for at least 4 months + IF produce proof

• = 3 days paid per employer during each annual leave cycle, for

SICKNESS OF CHILD (younger than 18)

DEATH IN FAMILY (grandparent, parent, adoptive parent, sibling,

spouse or life partner, child, adopted child)

(NOT BIRTH OF CHILD - replaced by Parental Leave)

FAIRNESS

Fair procedureGood reason

Important because:

1. employees earning more don’t get extra “price –tags”

• ordinary vs overtime hours

• meal intervals

• daily and weekly rest periods

• extra pay for work on Sundays

• extra pay for working after 18:00 and before 6:00

• extra pay for working on public holiday

and

2. helps separate independent contractors from employees

The employer must clear all 7 hurdles to prove the person earning below the earnings threshold is not an employee because that person:

1. decides how the work is done

2. decides when the work is done

3. does not work for an average of more than 40 hours per month over the last 3 months

4. provides his own tools and equipment

5. is not part of the employer’s organisation

6. is not economically dependent on the employer

7. can work for others