By continuing to use our website, we understand that you are happy for us to do this. Another good policy to implement is that staff loans should be coupled with some kind of incentive strategy. According to the Basic Conditions of Employment Act (BCEA), notice should be given to the other party as follows: As per Sectoral Determination 7 of the BCEA for Domestic workers and Sectoral Determination 13 for Farm workers, notice will be as follows: Apart from the notice periods as prescribed by the BCEA and its Sectoral Determinations, different Bargaining Councils may also prescribe notice periods through their own respective Main Agreements which may vary from other industries. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Have previous loans been repaid by the employee? Workmen’s Compensation refers to a fund established by the South African Government to compensate employees for injuries or disease suffered on the job/as a direct result of the work being done. The resignation of an employee in the face of a disciplinary hearing – and resigning in order to avoid the disciplinary hearing – would not necessarily constitute constructive dismissal. There are one or two exceptions but the vast majority of registered employers pay an annual assessment fee in order to remain registered with the Compensation Fund. It is the legal obligation of every employer who employees even a single employee to register with the Compensation Fund and pay the annual assessment fee. Employment Issues. It also describes the employment law that applies in the Dubai International Finance Centre (the DIFC) in Dubai. It is thus not for the employer to prove his innocence, but for the employee to prove the employer’s guilt. Do you currently collect data on employees' ethnicity? The Government said in Budget 2020 that it would issue a call for evidence on this, but did not refer to this in a recent update (para 2.28). The contents of the statement will also be expanded to include, for example, notice periods and eligibility for sick leave and pay; when calculating holiday pay, the reference period for determining an average week's pay will be extended from 12 weeks to 52 weeks; the so-called "Swedish derogation", under which agency workers who are paid by their agency between assignments are not entitled to pay parity with directly-engaged employees, will be abolished. After investigating the effectiveness of the current Employment Equity Act (EEA), in terms of reaching the goal of achieving equality in the workplace, Government tightened the reigns in order to fast track the process of ensuring equal opportunity and equitable representation in the workplace. Workerbeee Tue 17-Nov-20 20:34:08. From day-to-day remuneration queries to full payroll processing, our payroll consultants offer expert advice regardless of company size or industry. You’ll also want to make sure that you sign lawful and sound contracts with your staff should you ever offer a member of staff a staff loan. Creating Employee Teams to Manage Employee Issues If you feel like you spend a significant amount of time … Employees would, for example, not be allowed to resign and then take outstanding leave during their notice period. We are recognised as a foremost authority in law and go-to organisation for legal expertise. Etowah County Schools » Current Employees » Workplace Issues Workplace Issues 3200 West Meighan Blvd., Gadsden, AL 35904 | Phone 256.549.7560 | Fax 256.549.7582 Please ask us for our action plan and how we can help you. Danshaw Consulting assists employers in adapting to changing legislation while maintaining the core business effectiveness. It may well do so if the employee was threatened – “resign, or face a disciplinary hearing where you will be dismissed anyway”. Sometimes Determining whether or not constructive dismissal has taken place is not cut and dry. If there is not an easy way for the two parties to communicate and have their issues heard, the … Employers therefore need to develop HR strategies to fast track the career development of suitably qualified employees from designated groups: Section 10 of the previous Employment Equity Act, dealing with how disputes regarding unfair discrimination can be resolved, has dramatically changed. Make sure that the necessary paperwork is in place. Current Employment Statistics - CES (National) The Current Employment Statistics (CES) program produces detailed industry estimates of nonfarm employment, hours, and earnings of workers on payrolls. Some are a product of the work environment and company. We've also created a list of them you can download, too. Contracts may be terminated as the result of, for example: Except in cases of summary dismissal, the employee or employer will have to provide written notice of intent to terminate the employment contract. For more information on how we use cookies, or how to change your browser settings, please see our Cookie Policy. Under the new legislation, that advice must specifically cover the nature and limitations of any confidentiality clauses. Thought will need to be given to the accompanying narrative wording. This is a common problem for both the employee and the company. The cost implication of taking the matter to the courts and the chances of success with such a claim are usually the biggest deterrent for employers. Labour inspectors can now immediately issue a compliance order if the employer failed or refused to consult, conduct an analysis, publish a summary of its report, assign responsibility to a senior manager, inform its employees of the EEA, maintain records and prepare and implement an EE Plan. a statement of employment particulars must be given to all workers, not just employees as currently, and on day one of employment rather than within two months. With a network spanning Asia, Australia, Europe, the Middle East and North America, we offer global reach and insight combined with the knowledge and understanding of local markets. … COVID-19: Current Employee Management Challenges and Options. The first set of data must be published in 2020 annual reports looking back at financial years beginning in 2019. If the terms are too vague or broad, the judge could through the document out. Have you considered the ramifications of relocating any of your UK business operations to the EU? “For example, a dismissal based on the employer having followed an unfair disciplinary procedure. It is therefore important to ensure objective systems are in place to substantiate reasons for unequal pay or different terms and conditions for employees performing the same or similar work. Current Issues in Labor & Employment Law The economy and technology are changing, and with them the laws governing the workplace. Allow us to educate you on your rights in the event of constructive dismissal! Employers must therefore ensure that they do things right from the word go to avoid unnecessary costs and time wasted fighting disputes at the CCMA: The sanctions in the bill have been simplified in the sense that it is now easier for the Director General to impose sanctions on the employer for not following the EEA. Fundamental issues: These issues include integrity and trust when dealing with customers and employees. (9 Posts) Add message | Report. is completing the task in your job description)? He regularly speaks to employment lawyers and human resources professionals in the banking industry. One legal issue common with nearly any employment contract is ensuring that it is enforceable in the courts. Viele übersetzte Beispielsätze mit "current" – Deutsch-Englisch Wörterbuch und Suchmaschine für Millionen von Deutsch-Übersetzungen. The contents of the statement will also be expanded to include, for example, notice periods and eligibility for sick leave and pay; Constructive dismissal often happens because cheaper labour has become available but the company was unable to terminate the current employee’s contract without penalties. Basically, in layman’s terms, constructive dismissal takes place when an employer orchestrates or by any direct or indirect means forces the resignation of an employee. Employee relations issues are part of work in human resources. A departing employee asked to sign a settlement agreement must already obtain independent legal advice. In this post we hope to educate you on all things employment related; from managing notice periods and giving notice, to staff loans, how to handle a disciplinary hearing, workmen’s compensation issues, constructive dismissal issues, the Employment Equity Act and more! Workers who are only temporarily employed in the RSA (i.e. That being said, you only have the right to bring along your union rep or a co-worker, nobody else. Make sure that the contract stipulates: that money is being borrowed, what the instalment amount is, over what period the loan will be paid, percentage interest payable on the loan and what will be used as guarantee for the loan should the employee default on the repayment. Restructuring, Insolvency & Special Situations, Ashurst advises Judo Bank on its A$280 million capital raise, Ashurst advises Banco BPM on €350 million bond issuance, Ashurst advises Basalt on second phase of solar portfolio refinancing. If you, as employer or employee, have any further questions relating to the issues of employment, please feel free to Contact Us here at Danshaw Consulting and we’ll have one of our qualified consultants assist you in any way we can. The South African Revenue Service prescribes that any staff loan amount exceeding R3000.00 should be charged at the official interest rate, and/or if not charged at the official interest rate, the employee should be taxed on the fringe benefit of the staff loan. Are you geared up to report on your CEO pay ratio in 2020? This leaves the employer with a number of issues, including operational problems due to improper hand-over and the challenge of finding a suitable candidate to fill the vacancy as soon as possible, which may result in the company suffering financial and other damages. EMPLOYMENT ISSUES. Have you considered the most appropriate way of engaging with your workforce in order to comply with the Code? A number of employment law changes will apply from April 2020 including: The government's consultation document "Health is everyone's business: proposals to reduce ill health-related job loss" contains a package of measures aimed at helping to keep more people with long-term health conditions in work. If the employer does not comply then the Director General may amend the order or apply to the Labour Court to make the compliance order an order of the court. Only organisations classified as "small" can avoid these new rules. You can always schedule a Disciplinary Hearing. The idea is that it is the employer’s prerogative to help a dedicated, loyal employee out during a rough patch, by offering a loan that the employee will then pay back to the company; often by having an automatic deduction from their paycheck for x-amount of months going forward. automatically reporting sickness absence through the employer payroll system. Whether you’re the employer or the employee, you’ve got to have your bases covered – know your rights, know your responsibilities and make sure you’re always acting accordingly within your employment environment. Employment is a relationship between two parties, usually based on contract where work is paid for, where one party, which may be a corporation, for profit, not-for-profit organization, co-operative or other entity is the employer and the other is the employee. Sometimes it can become difficult just to make ends meet. That sort of thing might justify a dispute of constructive dismissal.” – The South African Labour Guide. Students learn about the commercial and legal aspects of employment issues by focusing on their options, rights and responsibilities in the work environment. The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. Success will depend on the employer’s ability to prove that they have suffered damages due to the employee not providing sufficient notice and such damages need to be quantified by the employer. South Africa law and legislation has become incredibly strict in this regard and it is a serious offence for an employer not to protect the safety and financial interests of their employees by registering with the appropriate authorities. To further prove that the only way to resolve the intolerable condition was by tendering their resignation. We use cookies to improve your experience on our website. Employers with a mobile workforce or who rely on EU migrant workers will be concerned about the impact of Brexit (assuming it goes ahead). Often the odd loan here and there truly does assist employees in a financial predicament, however occasionally the company unknowingly acts as an enabler to employees with growing debt. The employer is not allowed to deduct more than 25% in total off the employee’s salary/wages in any month. In lending a helping hand, many employers choose to give loans to employees to assist them in keeping their heads above water. Have a standard staff loan agreement on file and amend it accordingly every time an employee applies for a loan. If an employee is charged at a reduced interest rate, they must be taxed on the benefit of the difference between the official interest rate, and the interest rate charged by the company. Which is not the case had it not been for the employer’s unacceptable conduct” – The South African Labour Guide. Forcing the employee to resign may then seem the fiscally prudent way to get rid of the employee. This amendment will assist lower income employees in having their disputes resolved in a cost effective manner and therefore it will be easier for these employees to claim unfair discrimination. Please try after sometime. Others are a result of the type of work or industry. All employers are bound by law to register with the Compensation Fund. This however leaves it in the hands of the former employee and their legal counsel to prove that the employer orchestrated the intolerable condition at work. after 31 December 2020, a new immigration system will be required, expected to be a points-based system based on the Australian model. Train Managers to Spot Employment Law Issues allen.smith@shrm.org. Latham & Watkins | Employment Issues in the United Arab Emirates 1 The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). Constructive dismissal often happens because cheaper labour has become available but the company was unable to terminate the current employee’s contract without penalties. Unemployment in India, statistics has traditionally had been collected, compiled and disseminated once every five years by the Ministry of Labour and Employment (MLE), primarily from sample studies conducted by the National Sample Survey Office. If so, are you aware of the concessions your employer is legally obligated to make for you? Both employers and employees are obligated to give notice in the event that either party would like to terminate the employment relationship or contract. By signing up, you agree to receive commercial messages from us. Material personally selected by your relationship manager for your interest. It is the employer’s responsibility to make sure that an employee is correctly taxed on the benefit of a low or no interest loans. A new sub clause has been added to this section to state that it is also unfair for an employer to differentiate between employees’ remuneration and/or terms of conditions where those employees provide work of the same or similar value. Select a topic. We bring together lawyers of the highest calibre with the technical knowledge, industry experience and regional know-how to provide the incisive advice our clients need. Recommended for you. One of the biggest issues is how the two parties talk to each other, or whether they talk at all. although not yet confirmed, new legislation conferring a right to parental bereavement leave is expected to be introduced from 6 April 2020. Not only is an employer legally obligated to register with the Compensation Fund, but employers who are registered are automatically protected from being sued in their private capacity by employees who suffer injuries at work. The rate is close to double the 3.5% rate in February, before the COVID-19 pandemic. At Ashurst, we believe innovation means only one thing: continuous and disruptive improvement in all that we do - for the benefit of our clients, our employees and our wider corporate social responsibility. The consultation closed in October 2019 and we should hear next year whether the government will proceed with the main proposals which include: The government is proposing legislation to make it easier for victims of sexual discrimination or harassment to speak up. This is evident in the insightful material we produce and news coverage we receive. Have you been left disabled following an accident? Human Resources | Guide. Following a consultation exercise, we should discover next year whether the government proposes to make ethnicity pay gap reporting mandatory and, if so, what the timetable for this would be. The main purpose of the bill is to amend the EEA to further promote equity and equality in the workplace, to tighten up sanctions and enforcement of the Employment Equity Act by increasing fines, and to align the EEA with other existing labour legislation. Our personal approach, technical expertise, local knowledge and global network enable us to deliver an experience that other professional service providers find hard to match. The main change is that confidentiality clauses in employment contracts or settlement agreements will not be able to prevent an individual from making a disclosure to the police or to a regulated health or care professional or to a legal professional. Here’s what you as employee may need to know if you’ve been called in front of disciplinary committee. Companies have a great number of legal obligations when hiring, managing, and firing employees. HOW TO DETERMINE CONSTRUCTIVE DISMISSAL? The U.S. Department of Labor has resources to help workers and employers prepare for the COVID-19 virus (also known as Coronavirus). Does the task fall within your realm of duties (i.e. Employees working remotely may experience social isolation, loneliness and depression if they do not feel integrated within a team. Occasional or Casual Loan – an occasional loan up to a maximum of R3 000 per annum, at low or no interest, A loan for the purpose of enabling the employee to further his own studies, If a financial institution such as a bank provides loans to its employees at the same rate as to the customers of the institution on the same conditions and under the same circumstances, A loan provided to a director of a company or to a member of a close corporation, where the loan is for the directors share holding. – Deutsch-Englisch Wörterbuch und Suchmaschine für Millionen von Deutsch-Übersetzungen for work—with the same employer or with a new here! 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