Is your Company/Business/Office Labour Law compliant?

Please read all the questions below and if you have any questions regarding these Labour Laws, or whether your Company / Business / Office is Labour Law compliant, or if you would like to book a company audit, feel free to schedule a consultation with us.

Contact
Colleen Harley:
bookkeeping@dtattorneys.co.za

Martinette De Beer :
admin@dtattorneys.co.za

 

 

Questions:

Do all employees (including fixed contract employees and part time employees) have the same benefits?

Do all employees have employment contracts?

Do the employment contracts include the following in terms of section 29 of the Basic Conditions of Employment Act 75 of 1997: (1) “An employer must supply an employee, when the employee commences employment, with the following particulars in writing:
a) The full name and address of the employer;
b) The name and occupation of the employee, or a brief description of the work for which the employee is employed;
c) The place of work, and, where the employee is required or permitted to work at various places, an indication of this;
d) The date of which the employment began;
e) The employee’s ordinary hours of work and days of work;
f) The employee’s wage or rate and method of calculating wages;
g) The rate of pay for overtime work;
h) Any other cash payments that the employee is entitled to;
i) Any payment in kind that the employee is entitled to and the value of the payment in kind;
j) How frequently remuneration will be paid;
k) Any deductions to be made from the employee’s remuneration;
l) The leave to which the employee is entitled;
m) The period of notice required to terminate employment, or if employment is for a specific period, the date when employment is to terminate;
n) A description of any council or sectoral determination which covers the employer’s business;
o) Any period of employment with a previous employer that counts towards the employee’s period of employment;
p) A list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained;

Have the policies and procedures and employment contracts of the Company have been amended to include the amendments made to the Basic Conditions of Employment Act in terms of the Labour Laws Amendment Act 10 of 2018 in regards to the following:
a) Parental leave
b) Adoption leave
c) Commissioning parental leave
d) Family Responsibility Leave


Employment Equity Plans:

Section 20(1) of the Employment Equity Act states that “A designated employer must prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in that employer’s workforce.
Section 1 of the Employment Equity Act 55 of 1998 states that a "designated employer" means-
• (a) an employer who employs 50 or more employees;
• (b) an employer who employs fewer than 50 employees, but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of Schedule 4 to this Act;
• (c) a municipality, as referred to in Chapter 7 of the Constitution;
• (d) an organ of slate as defined in section 239 of the Constitution, but excluding local spheres of government, the National Defence Force, the National Intelligence Agency and the South African Secret Service; and
• (e) an employer bound by a collective agreement in terms of section 23 or 31 of the Labour Relations Act, which appoints it as a designated employer in terms of this Act, to the extent provided for in the agreement;
SCHEDULE 4: Turnover threshold applicable to designated employers
Sector or subsectors in accordance with the Standard Industrial Classification Total annual turnover
Agriculture R6,00 m
Mining and Quarrying R22,50 m
Manufacturing R30,00 m
Electricity, Gas and Water R30,00 m
Construction R15,00 m
Retail and Motor Trade and Repair Services R45,00 m
Wholesale Trade, Commercial Agents and Allied Services R75,00 m
Catering, Accommodation and other Trade R15,00 m
Transport, Storage and Communications R30,00 m
Finance and Business Services R30,00 m
Community, Social and Personal Services R15,00 m

Is there an attendance register or clocking system?

Does the Company display a copy of the Basic Conditions of Employment Act (as recently amended), Employment Equity Act and any other act at the workplace?

Does the Company have the following information required by section 31 of the Basic Conditions of Employment Act 75 of 1997: (1)“Every employer must keep a record containing at least the following information:

  1. a) The employee’s name and occupation;
    b) The time worked by each employee;
    c) The remuneration paid to each employee;
    d) The date of birth of any employee under 18 years of age and;
    e) Any other prescribed information;

(2) A record in terms of subsection (1) must be kept by the employer for a period of three years from the date of the last entry in the records;

(3) No person may make a false entry in a record maintained in terms of subsection (1);

(4) An employer who keeps a record in terms of this section is not required to keep any other record of time worked and remuneration paid as required by any other employment law.”


Do payslips meet the requirements of sections 33 of the Basic Conditions of Employment Act 75 of 1997: (1) “An employer must give an employee the following information in writing on each day the employee is paid:

  1. a) The employer’s name and address;
    b) The employee’s name and occupation;
    c) The period for which the payment is made;
    d) The employee’s remuneration in money;
    e) The amount and purpose of any deduction made from the remuneration;
    f) The actual amount paid to the employee and;
    g) If relevant to the calculation of that employee’s remuneration-
    (i) The employee’s rate of remuneration and overtime rate;
    (ii) The number of ordinary and overtime hours worked by the employee during the period for which the payment is made;
    (iii) The number of hours worked by the employee on a Sunday or public holiday during the period; and
    (iv) If an agreement to average working time has been concluded in terms of section 12, the total number of ordinary and overtime hours worked by the employee in the period of averaging.

Does the Company keep leave records?

How much overtime do staff work on
average per week?

Is the Company registered with a Bargaining Council?

Are all employees registered with UIF?

Are all UIF payments up to date?

If the Company employs more than 20 employees, with two or more health and safety representatives, is there a health and safety committee?

Does the Company have an appointed safety officer?

The health and safety policy must comply with section 17 of the Occupational Health and Safety Act 181 of 1993:
“Subject to the provisions of subsection (2), every employer who has more than 20 employees in his employment at any workplace, shall within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof...”
19 “An employer shall in respect of each workplace where two or more health and safety representatives have been designated, establish one or more health and safety committees and, at every meeting such a committee with a view to initiating, developing, promoting, maintaining and reviewing measures to ensure the health and safety of his employees at work...”

Is there a first aid kit on the Company premises?

Does the Company have an emergency contact list for all employees which includes (medical aid details, next of kin, doctor etc.)?

Does the Company have fire extinguishers that comply with the below stated rules?

Are the Injury on Duty forms pre-completed?

The South Africa National Standards (SABS) is deemed to be in compliance with the requirements of the National Building Regulations and Building Standards Act 103 of1 977 Part T which states that:
“Hydrants in positions, subject to direction of local authority shall be provided in - (a). any building that exceeds 12 m in height, and
(b)any building (excluding buildings classified as H4) of any height with a total floor area that exceeds 1000m²
Any hydrant required shall be provided at a rate of not fewer than one per 1 000 m2 or part thereof of total floor area and not fewer than one per storey located in the firemen’s lift lobby in such building or occupancy, or emergency stairway where no firemen’s lift is provided, as the case might be, and shall be distributed in such a manner that the fire hose can reach to every part of the relevant area.
Any hydrant shall, where required by the local authority, be provided with an appropriate fire hose of 24 m or 30 m in length, together with couplings and a 16 mm internal diameter nozzle, all of which shall comply with the requirements of SANS 1128-2. Such hose and nozzle shall, when positioned in the open air or in any factory building, be suitably housed in a cupboard, provided that this requirement shall not apply in any occupancy classified as J4.
In any industrial park, permanent amusement park or exhibition ground, shopping centre or group housing, cluster housing, or townhouse complex there shall be installed ground or raised hydrants so placed that no point in such amusement park or exhibition ground or shopping centre or in any building in such housing complex shall be at a distance greater than 90 m from any hydrant.
A hydrant shall comply with the requirements of SANS 1128-1.”

Does the Company have an emergency evacuation policy, route and allocated assembly points?


COVID-19

Does the Company have a COVID-19 Workplace Plan in place?

Has the Company appointed a COVID-19 Compliance Officer?

Does the Company have a COVID-19 Return-to-Work Policy in place?

Has the Company ensured that all employees and visitors have the necessary and required PPE?

Does the Company comply with the hygiene requirements as determined by the Government, such as to ensure that all employees and visitors have access to water and soap and / or hand sanitizer?

Does the Company screen all employees and visitors that enter the workplace?

Has the Company ensured that all visitors wear face masks when entering the workplace?


Noelene Oeschger

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