The employee and the employer must agree on when the annual leave can be taken. If there is no agreement, the annual leave is taken at a time convenient to the employer. Leave must be granted no later than six months after the end of the annual leave cycle (i.e. 12 months from the date of employment). An employee`s leave will be one hour per 17 hours of work or one day per 17 working days or 1.25 days per month. In total, employees are entitled to 15 working days per year with full pay for each annual leave cycle, calculated from the date of employment. Section 78 sets out the rights of employees with respect to discussing terms and conditions of employment with co-workers, the employer or any other person, refusing to comply with a direction that violates bceA, the NMW Act or any sectoral provision, and refusing to accept a term or condition of employment that violates bceA, the NMW Act or the sectoral provision. For certain sectors, special provisions may be adopted which are still in conformity with this Law in order to lay down the basic conditions for workers in a sector and a territory. The National Minimum Wage Act applies to workers and their employers, with the exception of members of the South African National Defence Force, the National Intelligence Agency and the South African Secret Service. The definition of “employee” is new in the field of employment. An employee is “any person who works for another person and receives or may receive remuneration in the form of money or benefits in kind for that work”.

The definition of “basic conditions of employment” has been amended to include the national minimum wage, which is set at ZAR 20 per hour worked. The definition of “labour law” now also includes the NMW Act. You are not entitled to severance pay if you unreasonably refuse to work for the same employer or with another employer. Employees can take paid leave under certain conditions. For example, pregnant workers have the right to take maternity leave and women workers are also entitled to sick leave. The national minimum wage takes precedence over contrary provisions of an employment contract, collective agreement, industry assessment or law. This means that the contracting parties cannot agree on a wage below the minimum wage. This provision is neither valid nor enforceable. The newly introduced section 73A gives the CCMA jurisdiction to settle a dispute relating to the non-payment of an amount due to an employee or employee (income within the income threshold) due within the meaning of the NMW Act, the BCEA, the employment contract, the industry regulation or the collective agreement. The CCMA shall initiate arbitration immediately after the arbitration. Workers earning above the income threshold can assert their rights in the Labour Court, the High Court, the Court of First Instance or the Small Claims Court. Just when we thought we might start thinking about packing our bags for the holidays, the president had a busy November and agreed to four new employment laws, as you or your employer must terminate an employment contract of at least the following: Section 68 allows a labor inspector to “strive to obtain a written commitment from the employer to comply with a provision of the BCEA”.

NMW Act, Unemployment Insurance Act or Unemployment Insurance Contributions Act. If the employer does not comply with this obligation, the Executive Director may ask the CCMA to order the company to grant an arbitration award. Section 69 allows a labour inspector to issue a compliance order regarding non-compliance with these laws. The employer is prohibited from paying compensation in return for annual leave, except in the event of termination of the employment relationship. The employer cannot force an employee to take annual leave during a notice period and the employee cannot take annual leave during a notice period. You are entitled to 6 weeks of paid sick leave over a period of 36 months. During the first 6 months of your employment, you are entitled to one paid sick day for every 26 working days. To avoid fines and inconvenient inspections by Ministry of Labor officials, employers should assess the impact that the national minimum wage law will have on their business. In addition, employers should evaluate their current employment contracts, collective agreements, personnel policies and manuals and consider the necessary changes to ensure that employee terms and conditions of employment and benefits are consistent with these changes. It is expected that the vast majority of employment contracts and personnel policies will be outdated once the new changes come into effect.

If you need help adapting your existing working conditions to these changes, you can contact anyone who does not have our work and work team. The Minister of Labour may decide to modify or exclude a basic condition of employment. Employers or employers` associations may also apply for it. The Act Amending the Labour Act amends several provisions of the existing BCEA and the Unemployment Insurance Act. In labour law, there is no obligation to pay premiums. If the payment of the premium has become a condition of employment by current practice, the premium must be paid. Failure to pay the premium may constitute an unfair labour practice (§§ 186 and § 191 of the Industrial Relations Act). It may also be considered as a unilateral change in the conditions of employment. It is important that in each employment contract, the conditions applicable to the payment of premiums are explicitly and clearly stated. Management should consult with employees in advance to warn them of the possibility that bonuses may not be paid or reduced this year.

Your work visa would not have been approved if your South African employer did not meet the requirements of the law. However, this does not mean that your working conditions will never change. Employers must provide new employees with written information about their work environment and working conditions. This includes all working conditions and a list of all other related documents. The Basic Labour Law is the standard by which it is measured. This document sets out the conditions under which South African and foreign workers must be employed. The code of conduct for the organisation of working time should be read in conjunction with this chapter. The Basic Conditions of Employment Act prescribes certain minimum conditions of employment to be applied. These are not inflexible conditions in the sense that the employer can offer a better condition, but it cannot offer or include in a contract a condition that is less favorable to the employee than the corresponding condition in the BCEA. To protect yourself for the duration of your work visa, familiarize yourself with what is provided by law. We will highlight some of the most important areas that affect your professional life the most.

Please check with your HUMAN RESOURCES department to see if your company has covered the 10-day paternity leave and associated conditions. For example, the law sets a minimum of 21 consecutive days or 15 working days of annual leave at full pay. The employer has the right to grant any number of days of annual leave beyond the legal 15 working days, but he cannot grant less than the legal 15 working days. .

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