Contents
1. ORDINARY HOURS OF WORK
1.1 Daily hours
1.2 Weekly hours
1.3 Emergency work
2. OVERTIME
3. COMPRESSED WORKING WEEK
4. AVERAGING OF HOURS
5. MEAL INTERVALS
6. REST PERIODS
7. SUNDAYS AND PUBLIC HOLIDAYS
8. NIGHT WORK
Labourwise
EMPLOYMENT EQUITY – DISCRIMINATION
Code of Good Practice.Employment of People with Disabilities.2002.08.1919
Code of Good practice.Handling Sexual Harassment.2005.06.22
Code of Good Practice.Integration of EE into HR Policies & Practices.2005.08.04
Form 13.1
TRANSFERRING YOUR BUSINESS – SIMPLIFIED OR COMPLICATED?
One of the most significant amendments to the Labour Relations Act that became effective on 1 August 2002, relates to the transfer of business as a going concern. In many respects the law is clarified. But here are some sticky questions.
LEAVE
Contents
1. ANNUAL LEAVE AND LEAVE PAY
2. SICK LEAVE
3. MATERNITY LEAVE
4. FAMILY RESPONSIBILITY LEAVE
5. OCCASIONAL LEAVE
EMPLOYMENT CONTRACTS
Contents
1. WRITTEN PARTICULARS OF EMPLOYMENT TO BE KEPT
2. EMPLOYEES TO BE INFORMED OF THEIR RIGHTS
3. KEEPING OF RECORDS
4. INFORMATION ABOUT REMUNERATION
5. CERTIFICATE OF SERVICE
6. REMUNERATION: CALCULATION, PAYMENT AND DEDUCTIONS
TERMINATION OF EMPLOYMENT
Contents
1. NOTICE PERIODS
2. PAYMENT IN LIEU OF NOTICE
3. EMPLOYEES IN ACCOMMODATION PROVIDED BY THE EMPLOYER
4. SEVERANCE PAY
EMPLOYMENT OF CHILDREN
The Act prohibits the employment of children who are under school-leaving age. In terms of the Schools Act of 1996, children must attend school until the last day of the year in which they turn 15 or the ninth grade, whichever is first. In any event, children over...
SECTORAL DETERMINATIONS
The starting point in considering what basic conditions of employment apply to your business, is the Basic Conditions of Employment Act of 1997 (BCEA). It is, however, just as important determine in what industry your business is, because there may be some variations...
DISMISSAL: MISCONDUCT
Contents
1. OVERVIEW: DISMISSAL FOR MISCONDUCT
2. THE NATURE OF DISCIPLINE
2.1 There must be a rule or standard
2.2 The rule must be valid
2.3 The rule must be consistently applied
2.4 The employee must be aware of the rule
2.5 Corrective approach
3. THE DISCIPLINARY HEARING
3.1 Preparation for disciplinary hearing
3.2 Conducting the disciplianry hearing
3.3 Administration after the hearing
Downloadable Forms Click here to access these documents in the Forms section
Code of Good Practice.Dismissal (Schedule 8 2025 09 update)
Form 1.1 Disciplinary Code & Procedure
Form 1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing & suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines. Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service
DISMISSAL: MEDICAL INCAPACITY
Contents
1. WHAT IS MEANT BY MEDICAL INCAPACITY?
2. HOW DOES THE EMPLOYER BECOME AWARE OF THE PROBLEM?
3. WHAT PROCEDURES MUST BE FOLLOWED?
4. NOTIFICATION
5. REPRESENTATION
6. CONSIDERATIONS OF FAIRNESS
7. CONFIDENTIALITY
8. THE TEST – LABOUR RELATIONS ACT OF 1995
Downloadable Forms Click here to access these documents in the Forms section
Code of Good Practice.Dismissal (Schedule 8 2025 09 update)
Form 3.1 Investigation Checklist
Form 3.2 Consent to disclose medical condition
Form 3.3 Notice of hearing
Form 3.4 Notice of dismissal
DISCRIMINATION
Contents
1. ELIMINATION / PROHIBIBTION OF UNFAIR DISCRIMINATION
2. WHERE DOES DISCRIMINATION ARISE?
3. MEDICAL TESTING
4. PSYCHOLOGICAL TESTING & SIMILAR ASSESSMENTS
5. DISPUTES ABOUT UNFAIR DISCRIMINATION
UNION RIGHTS
Contents
1. WHEN DO TRADE UNIONS HAVE RIGHTS?
2. TRADE UNION ACCESS
3. DEDUCTION OF SUBSCRIPTIONS OR LEVIES
4. LEAVE FOR TRADE UNION ACTIVITIES
5. TRADE UNION REPRESENTATIVES (SHOP STEWARDS)
6. DISCLOSURE OF INFORMATION
7. TRADE UNION APPROACH AND DISPUTES
Downloadable Forms Click here to access these documents in the Forms section
Form 6.1 Authorisation to deduct
Form 6.2 Notice of revocation
Form 6.3 Draft Recognition agreement
DESERTION & RESIGNATION
Contents
1. DESERTION
1.1. Meaning of desertion?
1.2. How to dismiss a deserter
1.3. How to dismiss a deserter
1.4. What if the deserter returns?
2. RESIGNATION
2.1. Meaning of resignation
2.2. How to deal with resignation
2.3. What if the person withdraws the resignation?
Downloadable Forms Click here to access these documents in the Forms section.
Form 5.1 Absconsion_Desertion letter
Form 5.2 Confirmation of termination
GRIEVANCES AND DISPUTE RESOLUTION
Contents
1. MANIFESTATIONS OF CONFLICT
2. THE NEED FOR A GRIEVANCE PROCEDURE
2.1. Definition
2.2. Why a Grievance Procedure ?
2.3. Group vs. Individual Grievance
2.4. Causes of grievances
2.5. Grievances vs. collective bargaining
2.6. Grievances vs. Discipline
3. PARTICIPANTS IN THE GRIEVANCE PROCEDURE
3.1. The Employee(s)
3.2. The Representative
3.3. The Supervisor
3.4. Management
4. CONDUCTING THE GRIEVANCE HEARING
4.1. Underlying principles
4.2. Always lend an ear
4.3. Consequences of badly handled grievances / no grievance procedure
4.4. Awareness of employees
4.5. Time scale
4.6. Record keeping
4.7. Do’s and Don’ts of grievance handling
Downloadable Forms Click here to access these documents in the Forms section
10A Grievance Notification
10B Grievance Hearing
10C Employee Information Document: Grievance Procedure
DISMISSAL: POOR WORK PERFORMANCE
Contents
1. POOR WORK PERFORMANCE: WHERE DOES IT FIT IN ?
2. MEANING OF POOR WORK PERFORMANCE
3. DEALING WITH POOR WORK PERFORMANCE (INCOMPETENCE)
4. WHO SHOULD BE INVOLVED ?
5. HEARING THAT MAY LEAD TO DISMISSAL
6. THE TEST – LABOUR RELATIONS ACT
7. PROBATIONERS
Downloadable Forms Click here to access these documents in the Forms section
Code of Good Practice.Dismissal (Schedule 8 2025 09 update)
Form 2.1 Poor performance Ultimatum guidelines
Form 2.2 Poor performance Notice of hearing
Form 2.3 Poor performance Hearing guidelines
Form 2.4 Poor performance Notice of dismissal
AFFIRMATIVE ACTION
Contents
1. INTRODUCTION
2. THE EMPLOYMENT EQUITY ACT APPLIES TO “DESIGNATED EMPLOYERS”
3. THE OBLIGATION TO CONSULT
4. MAIN OBLIGATIONS OF THE EMPLOYER
4.1 Analysis
4.2 Employment Equity Plan (EEP)
4.3 Report on Employment Equity progress
5. OTHER DUTIES OF THE EMPLOYER
6. INFORMING THE EMPLOYEES
7. ADDRESSING INCOME DIFFERENTIALS
8. COMPLIANCE
9. STATE CONTRACTS
Downloadble Forms Click here to access these documents in the Forms section
Form 14.1 – Turnover threshold applicable to designated employers
From 14.2 – Possible fines for contravening the Employment Equity Act
Code of Good Practice: Employment Equity Plan
Regulations (including standard reporting forms)
NEGOTIATING WITH UNIONS
Contents
1. INTRODUCTION
2. RECOGNITION OF TRADE UNIONS
2.1 When to Recognise a Trade Union
2.2 The Recognition Agreement
3. BARGAINING STRUCTURES
3.1 Bargaining Units
3.2 Levels of Collective Bargaining
3.3 Bargaining Forums
4. WAGE NEGOTIATIONS
4.1 Preparing for Wage Negotiations
4.2 Conducting Wage Negotiations
4.3 Agreement and Implementation
5. COMMUNICATION WITH EMPLOYEES
6. COLLECTIVE AGREEMENTS
6.1 Types of Collective Agreement
6.2 Legal Effect of Collective Agreements
6.3 Disputes about Collective Agreements
6.4 Termination of Collective Agreements
Downloadable Forms Click here to access these documents in the Forms section
Form 7 Negotiating with unions
CONCILIATION
Contents
1. WHAT IS CONCILIATION?
2. WHEN CAN A DISPUTE BE REFERRED TO CONCILIATION?
3. WHO LEADS THE CONCILIATION PROCESS?
4. TIME LIMIT
5. THE CONCILIATOR
6. WHO ATTENDS CONCILIATION?
7. LEGAL REPRESENTATION AT CONCILIATION
8. WHAT HAPPENS IF THE PARTIES DON’T SETTLE?
9. HOW TO PREPARE
10. EFFECT OF CONCILIATION
Downloadable Forms Click here to access these documents in the Forms section
Form 11.1 – Dispute resolution bodies and processes
Form 11.2 – Disputes and their processes
Form 11.3 – Guidelines: Preparation for Conciliation
PROTECTED STRIKES
Contents
1. INTRODUCTION
2. WHAT IS STRIKE ACTION ?
3. THE RIGHT TO STRIKE
4. SECONDARY (SYMPATHY) STRIKES
5. DEALING WITH AN UNLAWFUL STRIKE
6. DEALING WITH A LAWFUL STRIKE
6.1 Before the strike
6.2 During the strike
6.3 After the strike
7. PICKETING
8. PROTEST ACTION
Downloadable Forms Click here to access these documents in the Forms section
Form 8.1 – Checklist: Preparing for a strike
Form 8.2 – Checklist: During the strike
Form 8.3 – Checklist: After the strike
Form 8.4 – Draft Picketing Agreement
Form 8.5 – Flowchart: Procedure for Strike/Protest action
ARBITRATION AT THE CCMA
Contents
1. WHAT IS ARBITRATION?
2. WHEN CAN A MATTER BE REFERRED?
3. HOW IS A DISPUTE REFERRED?
4. TIME LIMIT
5. THE ARBITRATOR
6. LEGAL REPRESENTATION AT ARBITRATION
7. WHAT HAPPENS AT ARBITRATION?
8. AWARDS IN UNFAIR DISMISSAL DISPUTES
Downloadable Forms Click here to access these documents in the Forms section
Form 12.1 – Outline: Arbitration process
From 12.2 – Arbitration/Adjudication awards