In a previous publication we talked about Sectoral Determinations which included minimum wages. Here are some you should be aware of. CONTRACT CLEANING SECTOR: 1 DECEMBER 2016 TO 30 NOVEMBER 2017 Metropolitan Councils – City of Cape Town, Greater East Rand Metro, City of Johannesburg, Tshwane and Nelson Mandela Bay Local Councils – Emfuleni, Merafong, Mogale City, Metsimaholo, Randfontein, Stellenbosch … Read More
UBER : TECHNOLOGY OR EMPLOYER
The world of work is changing, fast. A recent UK Employment Tribunal judgement (Aslam & Others v Uber BV & Others) broke new ground. It ruled that London Uber drivers are “workers” and therefore subject to employment law. The judgement followed a landmark class action in the USA, where those Uber drivers claimed employee status – however, in the US, … Read More
PENSION AND PROVIDENT FUNDS SPONSORED BY THE EMPLOYER
This news is important for EMPLOYERS and EMPLOYEES! Many companies offer the benefit of a Provident Fund or Pension Fund to their qualifying employees. The Rules of the Fund will determine who is able to join, but mostly it’s people over 18 and under 55 years of age when they join. Anyway, lots of employers are opting to … Read More
Garnishee Orders
VERY IMPORTANT developments have taken place with these, which are known as Emolument Attachment Orders which employers are obliged to implement, i.e. to deduct amounts from salary of the affected employee and pay this to the creditor or the court. What often happens is that the creditor who is owed money by the debtor (who is employed by a … Read More
Unfair Dismissal and the CCMA : What is it and how can we help?
In order for us to understand what Unfair Dismissal is we first need to understand what the CCMA is all about. The CCMA (Commission for Conciliation, Mediation and Arbitration) is a statutory body set up under the auspices of the Labour Relations Act, 66 of 1995, as amended. It is the body to which disputes of interest and right in … Read More
Garnishee Orders – VERY IMPORTANT !
VERY IMPORTANT developments have taken place with these, which are known as Emolument Attachment Orders which employers are obliged to implement, i.e. to deduct amounts from salary of the affected employee and pay this to the creditor or the court. What often happens is that the creditor who is owed money by the debtor (who is employed by a company) … Read More
7 OCTOBER – PROTECTED PROTEST ACTION
COSATU has complied with Section 77 of the Labour Relations Act by serving the necessary notes on NEDLAC. The protest action on 7 October 2016 is therefore protected and although NO WORK NO PAY will apply, NO DISCIPLINARY ACTION should be taken against employees not attending work on that day. The reasons for the protest are – The urgent implementation … Read More
DOMESTIC WAGES
The new domestic wage rates for 1 December 2016 to 30 November 2017 are about to be updated. During October, we will assess the CPI rate (lowest quintile) and the minimum wages will be increased by that plus 2,5%. Watch this space!
SECTORAL DETERMINATIONS
These are established by the Minister of Labour and they govern vulnerable workers in different sectors. The current determinations are Forestry, Agriculture, Contract Cleaning, Children in the Performance of Advertising, Artistic and Cultural Activities (under 15 years of age), Taxi Operators, Civil Engineering, Learnships, Private Security, Domestic Workers, Wholesale & Retail and Hospitality. No unitary minimum wage currently exists in … Read More
CCMA AWARDS – NEW DEVELOPMENT
A new development in the recent case of CCMA v MBS Transport and 5 others has confirmed that an Award of the CCMA need only be certified by a Director of the CCMA in order to enforce it through the Sheriff, if it is a monetary award. Previously, one would have to get the award signed off at the CCMA … Read More