Podcast
Questions and Answers
What is the employer's primary duty regarding remuneration?
What is the employer's primary duty regarding remuneration?
- To negotiate salary increases annually
- To pay the agreed remuneration promptly (correct)
- To withhold payment until the employee meets performance standards
- To pay bonuses based on employee performance
How does the Labour Relations Act 66 of 1995 define employees who are excluded from its coverage?
How does the Labour Relations Act 66 of 1995 define employees who are excluded from its coverage?
- Employees in the private sector
- Casual workers with no contracts
- Employees working less than 20 hours a week
- Members of security services (correct)
Which of the following is a requirement for a fixed-term contract longer than 3 months?
Which of the following is a requirement for a fixed-term contract longer than 3 months?
- The employee must have previous experience in the role
- The employer must provide a justifiable reason for the term (correct)
- The employee must agree to a probationary period
- The employer must ensure all employees are informed
What should a written employment contract specify about hours of work?
What should a written employment contract specify about hours of work?
What does the term 'restraint of trade' imply in an employment contract?
What does the term 'restraint of trade' imply in an employment contract?
Which of the following is NOT a common reason for contract termination?
Which of the following is NOT a common reason for contract termination?
What is the employer’s responsibility concerning the work environment?
What is the employer’s responsibility concerning the work environment?
Which of the following elements must NOT be included in an employment contract?
Which of the following elements must NOT be included in an employment contract?
What is the effect of an employee's illness or death on their employment contract?
What is the effect of an employee's illness or death on their employment contract?
Which duty is NOT that of an employee under a standard employment contract?
Which duty is NOT that of an employee under a standard employment contract?
What is the maximum consecutive period of maternity leave an employee is entitled to?
What is the maximum consecutive period of maternity leave an employee is entitled to?
How many days of family responsibility leave is an employee entitled to per annual leave cycle?
How many days of family responsibility leave is an employee entitled to per annual leave cycle?
When an employee is dismissed, what information must they receive in their certificate of service?
When an employee is dismissed, what information must they receive in their certificate of service?
What is the minimum notice period an employee must receive if they have been employed for 1 year or more?
What is the minimum notice period an employee must receive if they have been employed for 1 year or more?
What must an employer provide in writing upon an employee's appointment?
What must an employer provide in writing upon an employee's appointment?
What is the maximum amount of remuneration an employer can deduct from an employee's wages in a month?
What is the maximum amount of remuneration an employer can deduct from an employee's wages in a month?
Which leave type does not accumulate if not used?
Which leave type does not accumulate if not used?
How long must employers retain employee records according to the regulations?
How long must employers retain employee records according to the regulations?
Which of the following applies to the payment of remuneration?
Which of the following applies to the payment of remuneration?
What is the condition for employees to claim sick leave after the first 6 months of employment?
What is the condition for employees to claim sick leave after the first 6 months of employment?
If an employee is absent for more than 2 days, under what condition is a medical certificate required?
If an employee is absent for more than 2 days, under what condition is a medical certificate required?
What is required for an employee to qualify for benefits under the Unemployment Insurance Act?
What is required for an employee to qualify for benefits under the Unemployment Insurance Act?
What happens to unused sick leave days at the end of a 36-month cycle?
What happens to unused sick leave days at the end of a 36-month cycle?
What is the duration of family responsibility leave available to employees?
What is the duration of family responsibility leave available to employees?
What is one of the primary duties of an employer under the Compensation for Occupational Injuries and Diseases Act?
What is one of the primary duties of an employer under the Compensation for Occupational Injuries and Diseases Act?
What must accompany the recruitment process under the Employment Equity Act?
What must accompany the recruitment process under the Employment Equity Act?
Which of the following is NOT a category of benefits provided under the Compensation for Occupational Injuries and Diseases Act?
Which of the following is NOT a category of benefits provided under the Compensation for Occupational Injuries and Diseases Act?
Which practice is prohibited under the Employment Equity Act regarding medical testing?
Which practice is prohibited under the Employment Equity Act regarding medical testing?
Under the Employment Equity Act, which of the following cannot be a basis for discrimination in the workplace?
Under the Employment Equity Act, which of the following cannot be a basis for discrimination in the workplace?
What is required from designated employers in terms of reporting to the Department of Labour?
What is required from designated employers in terms of reporting to the Department of Labour?
Which group must designated employers focus on for affirmative action measures?
Which group must designated employers focus on for affirmative action measures?
What can employers be required to do if an allegation of unfair discrimination is made?
What can employers be required to do if an allegation of unfair discrimination is made?
What should compensation policies ensure according to the Employment Equity Act?
What should compensation policies ensure according to the Employment Equity Act?
What could be a consequence if conciliation of unfair discrimination disputes is unsuccessful?
What could be a consequence if conciliation of unfair discrimination disputes is unsuccessful?
What is a mandatory action for employers regarding employee records as per the Compensation for Occupational Injuries and Diseases Act?
What is a mandatory action for employers regarding employee records as per the Compensation for Occupational Injuries and Diseases Act?
Which of the following is a proper measure suggested for overcoming employment barriers for designated groups?
Which of the following is a proper measure suggested for overcoming employment barriers for designated groups?
What important right was established by the 2014 Amendment to the Employment Equity Act?
What important right was established by the 2014 Amendment to the Employment Equity Act?
Which of the following can be considered as an inherent requirement for a job under the Employment Equity Act?
Which of the following can be considered as an inherent requirement for a job under the Employment Equity Act?
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Study Notes
Employment Relationship
- Employment relationship is defined by a common law contract where the employee provides personal services to the employer under defined terms.
- The contract can be for a fixed or indefinite period.
Parties to Employment Contract
- Main parties involved are the employer and employee, with distinctions between employees and independent contractors.
- Courts use the dominant impression test and statutory presumption to determine employee status.
- Labour laws primarily protect employees.
Types of Employment Contracts
- Indefinite contracts are for permanent appointments, while fixed-term contracts are for specific periods or tasks.
- 2014 amendments require justification for fixed-term contracts longer than three months; otherwise, they are deemed permanent.
Written Employment Contracts
- Essential provisions include job description, remuneration, hours, leave, contract duration, safety rules, and disciplinary procedures.
- Additional clauses may address performance standards, medical aid, pension funds, and termination procedures.
Duties of the Employer
- Employers must accept employees, pay remuneration, ensure safe work environments, treat employees fairly, and adhere to legal obligations.
Duties of the Employee
- Employees are obligated to provide personal services, perform reasonably, follow instructions, promote the employer’s business, and avoid misconduct.
Liability for Delicts
- Employers can be held liable for wrongful acts committed by employees while performing their duties.
Termination of Contract
- Contracts can terminate upon contract expiry, completion of tasks, notice, material breach, employee illness, position redundancy, mutual agreement, or employee death.
Restraint of Trade
- Contracts may include restraint clauses preventing employees from practicing their trade post-termination within defined timeframes and areas.
Labour Relations Act 66 of 1995
- Covers all employers and employees except specific government and military personnel, allowing for sectoral determinations on employment conditions.
Basic Conditions of Employment Act (BCEA)
- Maximum of 45 ordinary working hours per week; daily limits differ based on the number of working days.
- Overtime regulations require agreements and set caps on hours.
- Meal intervals of at least one hour after five hours of work are mandated.
Rest Periods and Sunday Work
- Daily rest must be at least 12 consecutive hours, and a 36-hour weekly rest period is required, usually including Sunday.
- Employees working on Sundays receive additional pay, with specific remuneration rules for public holidays.
Leave Entitlements
- Annual leave of at least 21 consecutive days, with guidelines for sick leave based on the length of service.
- Maternity leave of 4 months is unpaid, with stipulations regarding return to work and conditions after childbirth.
Family Responsibility Leave
- Three days of paid leave per cycle for specific family events; eligibility requires minimum service duration with the employer.
Employment and Remuneration Particulars
- Employers must provide written documentation to employees detailing job particulars, working hours, wages, and leave entitlements.
Deductions and Notice Periods
- Deductions from remuneration are regulated; agreement or legal obligation is necessary for deductions to occur.
- Notice periods vary by length of employment, with written notification expected.
Termination and Final Payments
- Upon termination, employers must settle any outstanding payments, including overtime, leave pay, and possibly severance with conditions.
Unemployment Insurance Act 63 of 2001
- Provides benefits during unemployment, illness, or maternity with contributions from both employers and employees.
- Exemptions include state pensioners and employees on learnership agreements.
Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Employers must register and keep employment records for safety and compliance with occupational injury compensation regulations.
Employment Equity Act 55 of 1998
- Aims for workplace equity by eliminating discrimination and promoting affirmative action for designated groups.
Prohibition of Discrimination
- Employers must not discriminate based on various traits; fair recruitment and compensation practices are mandated.
- Allegations of unfair discrimination must be addressed through established procedures including the CCMA and Labour Court.
Medical Testing Regulations
- Medical testing is restricted, requiring legislative backing or specific workplace justifications, including HIV and psychological testing criteria.
Additional Relevant Legislation
- Governs various aspects of employment and includes laws related to pensions, medical schemes, equality, privacy, and personal information management.
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