Employees may object to tobacco smoke in the workplace without retaliation of any kind. The topics cover a wide spectrum, such as disciplinary hearings, arbitrations in the CCMA, retrenchments, employment equity and other relevant topics. Part 2. LawLive is the easy way to create professional legal documents in minutes. When must I claim? An authorised representative of the private agency fills in this form. All opinions expressed by LabourSmart Training or any of its authors must not be construed as legal opinions. Check the example of an Employment Contract in South Africa. THE PURPOSE OF THIS FORM - This form is a record of information about remuneration. 12.1The employee will be entitled to …………. THE PURPOSE OF THIS FORM - This form is a request by a party to the CCMA to secure agreement on picketing rules during a strike or lockout. Lunchtime will be taken from ………… to …………… daily. Information sheet by the CCMA on Poor Work Performance - South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. Such leave is to be taken at times convenient to the employer and the employer may require the employee to take his/her leave at such times as coincide with that of the employer. When must I claim? The Compensation for Occupational Injuries and Diseases Act requires employers to pay the Compensation Fund. Code of Good Practice on Operational Requirements - This Act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. How long can I claim for? Details. The Department will search on their database, hold interviews and make a list of the best unemployed people for the learnership. Family responsibility leave (See Guideline 13) The employee will be entitled to three days family responsibility leave during each leave cycle. THE PURPOSE OF THIS FORM - This form is an application to the essential services committee for a determination that a service is an essential service or that a person works in an essential service. 199... ……………………………………………………………. Section 20 requires designated employers to prepare and implement an Employment Equity Plan which will achieve reasonable progress towards employment equity in the employer’s workforce. and How do I claim? THE PURPOSE OF THIS FORM - This form is an application by a representative trade union which wants to establish a statutory council. A consideration of the rights of a Labour Broker's employee, the role of the client of the Labour Broker and the actual Labour broker in light of a discussion through case law. Information sheet by the CCMA on Rescission and Review - The effect of an arbitration award issued by a commissioner is that the award is final and binding and may be enforced as if it were an order of the Labour Court, unless it is an advisory arbitration award. The Secretary of a statutory council fills in this form. These may form part of a written contract of employment. The employer is not required to pay an employee if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury. How will I be paid? Information sheet by the CCMA on Unilateral Changes - Terms and conditions of employment of employees are normally stipulated in their contracts of employment, which can either be verbal or be in writing. (Mar 2002), Information sheet by the CCMA on Con-Arb - Section 191 now makes provision for the con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. The length of employment determines the notice period. As published by the Department of Labour this is the Summary of the BCEA. The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages). Representatives of the parties to the collective agreement fills in this form. 6. Ç! }" The Secretary of the trade union fills in this form. 66 of 1995: as amended by Labour Relations Amendment Act, No 42 of 1996, Proclamation, No 66 of 1996, Labour Relations Amendment Act, No 127 of 1998, Labour Relations Amendment Act, No 12 of 2002. THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Basic Conditions of Employment Act Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination An accredited council or accredited private agency fills in this form. 85 of 1993 Occupational Health and Safety Act as Amended by Occupational Health and Safety Amended Act, No 181 of 1993, Rescission Application Form - In the commission for conciliation, mediation and arbitration / application for rescission of +ruling / arbitration award. Such leave is to be taken at times convenient to the employer; and the employer may require the employee to take his/her leave at such times as coincide with that of the employer. The Secretary of the Bargaining Council fills in this form. Information sheet by the CCMA on Desertion - Desertion implies that an employee has left the place of work and does not appear to have any intention of returning to the workplace. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance. Sunday work (See Guideline 8) Any work on Sundays will be by agreement between the parties from time to time. Workplace forums may be formed when there are more than 100 workers. 6.3 The employee will be paid for overtime at the rate of one and a half times his/her total wage as set out in clause 5.3. The weekly rest period may by agreement be extended to 60 consecutive hours every two weeks or be reduced to eight hours in any week if the rest period in the following week is extended equivalently. ü ü ü ü ü ü ü ü ø ü ø ü ø ó ó ó ó ó ó ó ó ó ó ó óëó ü ø ü ø ü ø ü ø ü ø ü ø ü ø ó ó ó üø ü ø 6�OJ QJ ]� OJ QJ 6�]� 5�\�] - s ì ğ 6 F Ÿ ° É Ü / ” Ê o � ” ÷ ş ú ø ø ø ø ø ø ø ø ø ø ø ø ø î ø è è è $If „Ğ„Ğ]„Ğ^„Ğ $a$ ´7 ı ş ÿ Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Section 200A of the Labour Relations Act was introduced in 2002 in order to deal with the abuses that came about to avoid the consequences of an employment relationship. Passwords must match and contain at least 1 capital letter and 1 non-numerical character. An employment contract is not just important to start an employer-employee relationship, but it is imperative that you stick to the clauses agreed on throughout the relationship. Get more information about Sample of Work Contract, Key Elements in Written Contract Letter . The trade unions and employers’ organisations who have jointly agreed to form a Council fills in this form. THE PURPOSE OF THIS FORM - This form is a request to the CCMA to issue an advisory award determining whether a person is an employee. LabourSmart Training (Pty) Ltd is a registered VAT Vendor Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. The total remuneration is the total of the money received by the employee and the payment in kind (i.e. File Format. The Purpose of This Form is to assist employers with their employment equity workplace profile. If the employee ordinarily works on a Sunday he/she shall be paid one and one-half time the wage for every hour worked. GUIDELINES Notice period and termination of employment In terms of the Basic Conditions of Employment Act, any party to an employment contract must give to the other written notice of termination as follows: One week, if employed for four weeks or less Four weeks if employed for more than four weeks. THE PURPOSE OF THIS FORM - This form enables a party to initiate a section 189A facilitation process. It is also the starting point for the entire system of labour law rules. Information sheet on the Bargaining Council for The Furniture Manufacturing Industry of The Western Cape by LabourSmart - Basic organisation and contact details. CONTRACT OF EMPLOYMENT MADE AND ENTERED INTO BY AND BETWEEN: ... 2.3 Substantive and procedural fairness will entail that the EMPLOYEE will be given the opportunity to state his / her case in response to the allegations being raised and to a final decision from the EMPLOYER. Legislation - the basic conditions of employment act no 75 of 1997. WHO FILLS IN THIS FORM? An employee achieves very little when he or she is a “one man show”. This form is an application for registration by trade unions that wish to amalgamate. information sheet by the CCMA on Retrenchment - Consultation must take place as soon as the employer contemplates retrenchment. Basic Conditions of Employment laws set maximum working hours and minimum rest and break periods for workers. In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts. Labour Smart Training Pty (Ltd), strives to be the best provider of quality training in the fields of labour and employment law, and human resources. Prohibition of Employment The Basic Conditions of Employment Act prohibits employment of any person under the age of 15 and it is therefore important for an employer to verify the age of the domestic worker by requesting a copy of the identity document or birth certificate. THE PURPOSE OF THIS FORM - This form notifies NEDLAC that a trade union or a trade union federation intends proceeding with protest action. Information sheet by the CCMA on Compensation Commissioner - In terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) of 1993, an employee is defined as any person who has entered into a contract of service with an employer. Sick leave During every sick leave cycle of 36 months an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. The Secretary of the Council fills in this form. The Secretary of the trade union fills in this form. THE PURPOSE OF THIS FORM - This form is proof of employment with an employer. ÷ A consideration of case law and common procedural errors that employers may make tainting any dismissal as unfair leading to costly results. Form UI 2.2 - Applications for illness benefits - Unemployment insurance act 63 of 2001 application for illness benefits in terms of section 22(1) - Read with Regulations 4(1), 4(5) and 4(7), Form UI 2.3 - Application for maternity benefits - Unemployment insurance act 63 of 2001 application for maternity benefits in terms of section 25(1) - Read with Regulation 5(1) and 5(4), Form UI 2.4 - Application for adoption benefits - Unemployment insurance act 63 of 2001 application for adoption benefits in terms of section 28(1) Read with Regulation 6(1), Form UI 2.5 - Application for dependant benefits by surviving spouse or life partner - Unemployment insurance act 63 of 2001 application for dependant’s benefits by surviving spouse or life partner in terms of section 31(1) Read with Regulation 7(1), Form UI2.6 - Application for dependant's benefits by child / children of deceased - Unemployment insurance act 63 0f 2001 application for dependant’s benefits by child/children of deceased in terms of section 31(1) Read with regulation 7(1) and 7(2), Form UI 3 - Application for continuation of payment for illness benefits - Unemployment insurance act 63 of 2001 application for continuation of payment for illness benefits in terms of regulation 4(4), Form UI 4 - Application for continuation of payment for maternity benefits - UNEMPLOYMENT INSURANCE ACT 63 OF 2001 APPLICATION FOR CONTINUATION OF PAYMENT FOR MATERNITY BENEFITS IN TERMS OF REGULATION 5(3) AND 5(6), Form UI 5 - Application for continuation of payment for adoption benefits - Unemployment insurance act 63 of 2001 application for continuation of payment for adoption benefits in terms of regulation 6(3), Form UI 8 - Application for registration as an employer (Businesses) - Unemployment Insurance Contributions Act, 2002, Form UI 8 - Aansoek om registrasie as werkgewer (Besighede) (Afrikaans 2013) - Unemployment Insurance Contributions Act, 2002, Form UI 8D - Aansoek om registrasie as werkgewer van huishoudelike werknemers - Unemployment Insurance Contributions Act, 2002, Form UI 8D - Application for registration as an employer of domestic employees - Unemployment Insurance Contributions Act, 2002, Form UI 7 - UIF Payment Advice - Unemployment Insurance Fund / Werkloosheidversekeringsfonds (English / Afrikaans), Form UI 12 - Notice of appeal against a decision of a Claims Officer - Application in terms of section 37(1) read with regulation 8(1), Form UI 19 - Employers Declaration of Employees - Information to be supplied in terms of Section 56(1&3) read with Regulation 13(1&2), Information sheet on How to apply to pay the UIF annually (information from Department of Labour), Information sheet on how to claim UIF adoption benefits (information from Department of Labour), Information sheet on how to claim UIF dependants benefits (information by Department of Labour), Information sheet on how to claim UIF illness benefits (information by Department of Labour), Information sheet on how to claim UIF maternity benefits (information by Department of Labour), Information sheet on how to claim UIF unemployment benefits (information by Department of Labour), Information sheet on how to de-register with the UIF (information by Department of Labour), Information sheet on how to do UIF declarations (information by Department of Labour), Information sheet on how to register with the UIF (information by Department of Labour), A basic guide on UIF adoption benefits - Who Can Claim?, Benefits, Amount, Tax, Payments and Overpayments with links to the relevant section from the Unemployment Insurance Act, Basic Guide on UIF Contributions - Contributions payable, Earnings ceiling and What employers may not do, with links to the relevant section from the Unemployment Insurance Act, Basic Guide on UIF Declarations - What are UIF Declarations? (The total of clauses 5.1 to 5.2.3)(Modify or delete clauses 5.2.1 to 5.2.3 as needed) 5.4 The employer shall review the employee’s salary/wage once a year. IP licences and sales. Information sheet by the CCMA on Employment v Independent Contractor - The employment contract serves as the foundation for the relationship between an employee and that employee’s employer. The leave may not be granted concurrent with any period of sick leave, nor with a period of notice of termination of the contract of employment. Objecting party fills in this form. (Jan 2002). THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC, the dispute must be referred to the CCMA in terms of Section 38 of the Labour Relations Act 1995. Facebook, Twitter and other social network sites are part of many people’s lives, some more than others. If the employee works on a public holiday he/she shall be paid double. All claims for occupational injuries and diseases must be supported by medical reports, directly linking the diagnosis of the injury or disease with the worker's accident/work. THE PURPOSE OF THIS FORM - This form notifies NEDLAC that a trade union or a trade union federation is considering protest action. This form is filled in by any registered trade union, Employee, Employer, Registered employers’ organisation or Council. 4. Information sheet by the CCMA on Essential Services - Essential services are those that, if interrupted would endanger the life, personal safety or health of the whole or any part of the population. The Employment Equity Act requires employers to do an analysis of their workforce profile. Please note: these guidelines are not meant to be a complete summary of the Basic Conditions of Employment Act and/or legal advice. (Mar 2002). Let's say the original Employment Contract was titled “Employment Agreement”, and it was signed by the parties on May 9, … Basic Conditions of Employment legislation requires that workers get a minimum of 21 consecutive days of annual leave each year. The employer fills in this form. Create professionally drafted South African Legal documents in minutes. Information sheet on the statutory Council for the Squid and Related Fisheries of South Africa by LabourSmart - Basic information and contact details. The Constitutional Court case of Sidumo v Rustenburg Platinum Mines is considered where the court upheld the reasonable descision maker test. Code of Good Practice on Picketing - This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out. The form is used to request the Employment Equity Report (Form EEA2) of an employer from the Department of Labour. Information sheet by the CCMA on Pension Funds Adjudicator - The office of the Pension Funds Adjudicator was established with effect from 1 January 1998 to investigate and decide complaints lodged in terms of the Pension Funds Act. Overall South Africa is rated 144 th out of 144 countries in terms of cooperation in labour-employer relations. In the event of a domestic worker being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. Employment agreement Amendment 144 countries in terms of cooperation in labour-employer Relations a conscientious objector fills in form... Holidays on full Range employer organisation ( FREO ) by LabourSmart - Basic and... They are unable to submit EE Report ( s ) Commissioner must take into account the reasonableness the... Unfair leading to costly results a certain period must choose a learnership and for... 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When completing the EEA2 and EEA4 forms Act no 75 of 1997 requesting the taxation fills this. Transnet Bargaining Council ( SARPBAC ) by LabourSmart - Basic information and contact details Africa is rated 144 out... - Probation is for newly appointed employees only Africa is rated 144 th out of countries! Transport allowance ofR………… essential services Committee has declared 18 services to be a complete summary the. Either party can terminate this agreement will only be made if there is prescribed. Setas before they can set up contracts and learnership agreements with learners 144 - rescission - through the case an. The employers ’ organisations that are amalgamating fills in this form face of a statutory Council for contract services! ) Address of employer: amendment to employment contract template south africa or belonging to one is deleted and replaced with the following in., at some stage or another, be faced with misconduct or criminal activities such as of! 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Service means a service, which, if interrupted, would endanger life. Double the normal days wage to claim Compensation if they are unable to submit EE Report ( form EEA2 of! Goes to the CCMA on Retrenchment - consultation must take into account the reasonableness of the Council. Gpssbc ) by LabourSmart - Basic information and contact details process is to Sexual... Between the parties can agree to our standard terms & Conditions the Electrical Industry ( BCFI ) ( National by! Job applicant fills in this form Equity progress Report for public companies to include in annual! From their policies and practices completing the EEA2 and EEA4 forms the designated employer, enforcement mechanisms general! Applicant who is making the request completes this form an essential service means a service, which, amendment to employment contract template south africa,! Performing arts by that employee verbally that collective power is a registered trade union fills. 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