Labour and Employment Compliance in South Africa

by Susan Stelzner, Stuart Harrison, Brian Patterson, Zahida Ebrahim

Overview

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook - focuses on the relevant laws and regulations in South Africa. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in South Africa on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining.

The volume proceeds in a logical sequence through such topics as the following:

• written and oral contracts
• interviewing and screening
• evaluations and warnings
• severance pay
• reductions in force
• temporary workers
• trade union rights
• wage and hour laws
• employee benefits
• workers' compensation
• safety and environmental regulations
• immigration law compliance
• restrictive covenants
• anti-discrimination laws
• employee privacy rights
• dispute resolution
• recordkeeping requirements

A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

Product Details

ISBN-13:	9789403527734
Publisher:	Wolters Kluwer
Publication date:	08/20/2021
Edition description:	9th ed.
Pages:	136
Product dimensions:	6.14(w) x 9.21(h) x 0.29(d)

Table of Contents

1 Legal Framework: Employment Laws in South Africa 1

2 Contracts of Employment 3

2.1 Overview 3

2.2 Written Employment Contracts 3

2.3 Oral Contracts 4

2.4 Employee Handbooks 5

2.5 Job Descriptions 6

2.6 Offer Letters 6

2.7 Checklist of Do's and Don'ts 6

3 Recruiting, Interviewing, Screening and Hiring Employees 7

3.1 Overview 7

3.2 Recruiting 7

3.3 Employment Applications 8

3.4 Pre-employment Inquiries 8

3.5 Pre-employment Tests and Examinations 9

3.6 Background, Reference and Credit Checks 10

3.7 Interviewing 11

3.8 Hiring Procedures 12

3 9 Fines and Penalties 12

3.10 Checklist of Do's and Don'ts 13

4 Managing Performance/Conduct 14

4.1 Overview 14

4.2 Coaching and Counselling 14

4.3 Written Evaluations 15

4.4 Warnings and Suspensions 16

4.5 Checklist of Do's and Don'ts 17

5 Termination of Employees for Performance or Disciplinary Reasons 17

5.1 Overview 17

5.2 Fines and Penalties 20

5.3 Checklist of Do's and Don'ts 20

6 Layoffs, Reductions in Force, and/or Redundancies as a Result of Job Eliminations or Other Restructuring 22

6.1 Overview 22

6.2 Reductions in Force/Layoffs/Job Eliminations 22

6.3 Fines and Penalties 26

6.4 Checklist of Do's and Don'ts 26

7 Labour and Employment Law Ramifications Upon Acquisition or Sale of a Business 27

7.1 Overview 27

7.2 Acquisition of a Business 28

7.3 Acquisition Checklist 29

7.4 Sale of a Business 30

7.5 Sale of a Business Checklist 30

8 Use of Alternative Workforces: Independent Contractors, Contract Employees, and Temporary or Leased Workers 30

8.1 Overview 30

8.2 Independent Contractors 31

8.3 Contract Workers 34

8.4 Leased Workers 36

8.5 Checklist of Do's and Don'ts 37

9 Obligation to Bargain Collectively With Trade Unions: Right to Strike and a Company's Right to Continue Business Operations 38

9.1 Overview of Unions' Right to Organize 38

9.2 Right of Employees to Join Unions 39

9.3 How Employees Select Unions 40

9.4 Pre-election Campaigning 41

9.5 Unfair Labour Practices 41

9.6 Relocation of Work/Shutdown of Business 42

9.7 Checklist of Do's and Don'ts 42

10 Working Conditions: Hours of Work and Payment of Wages; By Statute or Collective Agreements 42

10.1 Overview of Wage and Hours Laws 42

10.2 Minimum Wage 43

10.3 Overtime 44

10.4 Meal and Rest Periods 44

10.5 Deductions from Wages 45

10.6 Prohibited Conduct by an Employer 45

10.7 Garnishment 46

10.8 Exemptions to Wage and Hour Laws 46

10.9 Child Labour 47

10.10 Record-keeping Requirements 47

10.11 Reductions in Compensation Caused by Economic Downturn 48

10.12 Checklist of Do's and Don'ts 49

11 Other Working Conditions and Benefits: By Statute, Collective Agreements or Company Policy 49

11.1 Health and Other Insurance 49

11.2 Pension and Retirement Benefits 50

11.3 Vacation and Holiday Payments on Termination 50

11.4 Leaves of Absence 51

11.5 Checklist of Do's and Don'ts 55

12 Worker's Compensation 56

13 Company's Obligation to Provide Safe and Healthy Workplace 56

13.1 Overview of Safety and Environmental Laws and Regulations 56

13.2 Requirements 56

13.3 Rights of Employees 57

13.4 Rights of Employer 57

13.5 Specific Standards 58

13.6 Injury or Accident at Work 58

13.7 Workplace Violence 59

13.8 Fines and Penalties 59

13.9 Checklist of Do's and Don'ts 59

14 Immigration, Secondment and Foreign Assignment 60

14.1 Overview Laws Controlling Immigration 60

14.2 Recruiting, Screening and Hiring Process 60

14.3 Obligation of Employer to Enforce Immigration Laws 61

14.4 Fines and Penalties 62

14.5 Secondment/Foreign Assignment 62

14.6 Checklist of Do's and Don'ts 63

15 Restrictive Covenants and Protection of Trade Secrets and Confidential Information 63

15.1 Overview 63

15.2 The Law of Trade Secrets 64

15.3 Restrictive Covenants and Non-compete Agreements 64

15.4 Checklist of Do's and Don'ts 65

16 Protection of Whistleblowing Claims 66

16.1 Overview 66

16.2 Checklist of Do's and Don'ts 68

17 Prohibition of Discrimination in the Workplace 69

17.1 Overview of Anti-discrimination Laws 69

17.2 Age Discrimination 72

17.3 Race Discrimination 72

17.4 Sex Discrimination/Sexual Harassment 73

17.5 Handicap and Disability Discrimination 74

17.6 National Origin Discrimination 75

17.7 Religious Discrimination 76

17.8 Military Status Discrimination 76

17.9 Pregnancy Discrimination 77

17.10 Marital Status Discrimination 77

17.11 Sexual Orientation Discrimination 78

17.12 Equal work for equal pay 78

17.13 Retaliation 79

17.14 Constructive Discharge 79

17.15 Checklist of Do's and Don'ts 80

18 Smoking in the Workplace 80

18.1 Overview 80

18.2 Checklist of Do's and Don'ts 81

19 Use of Drugs and Alcohol in the Workplace 82

19.1 Overview 82

19.2 Checklist of Do's and Don'ts 84

20 AIDS, HIV, SARS, Bloodborne Pathogens 84

20.1 Overview 84

20.2 Checklist of Do's and Don'ts 86

21 Dress and Grooming Requirements 86

21.1 Overview 86

21.2 Checklist of Do's and Don'ts 87

22 Privacy, Technology and Transfer of Personal Data 87

22.1 Privacy Rights of Employees 87

22.2 Checklist of Do's and Don'ts 88

23 Workplace Investigations for Complaints of Discrimination, Harassment, Fraud, Theft, and Whistleblowing 89

23.1 Overview 89

23.2 Checklist of Do's and Don'ts 90

24 Affirmative Action/Non-Discrimination Requirements 90

24.1 Overview 90

24.2 Checklist of Do's and Don'ts 92

25 Resolution of Labour, Discrimination and Employment Disputes: Litigation, Arbitration, Mediation and Conciliation 93

25.1 Internal Dispute Resolution Process 93

25.2 Mediation and Conciliation 93

25.3 Arbitration 94

25.4 Litigation 95

25.5 Fines, Penalties and Damages 95

25.6 Checklist of Do's and Don'ts 96

26 Employer Record-Keeping, Data Protection, and Employee Access to Personnel Files and Records 96

26.1 Overview 96

26.2 Personnel Files 98

26.3 Confidentiality Rules 98

26.4 Employee Access 98

27 Required Notices and Postings 98

27.1 Overview 98

27.2 Checklist of Do's and Don'ts 99