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© 2018 by Oriole Consulting

ARTICLES

September 4, 2019

PARENTAL, ADOPTION AND COMMISSIONING PARENTAL LEAVE 

Section 3 of the Labour Laws Amendment Act amends the BCEA and allows new types of leave available to employees who have been employed for at least 13 weeks. The new types of leave are parental, adoption and commissioning parental leave. 

Parental leave 

An employee who is a parent of a child is entitled to 10 consecutive days of parental leave.

Adoption leave 

An employee who is an adoptive parent of a child below the age of 2 is entitled to either 10 consecutive weeks of adoption leave OR 10 consecutive days of parental leave. 

Commissioning Parent...

May 21, 2019

EE COMMITTEE OVERVIEW 

In terms of the Employment Equity Act, all employers with over 50 employees or a turnover which is over the relevant industry threshold must establish an Employment Equity Committee. 

What is the EE Committee? 

The EE committee is a consultative forum which consults with their constituents about EE related matters. They also assist in the workplace analysis and the drafting of the EE plan. 

How must the EE Committee be established? 

The EE committee should be appointed after a nomination process is completed by the employees within the company, however the company is able to app...

May 6, 2019

Often when a client calls wanting advice on an internal compliance matter and I ask what the Company Policy is, the standard answer is “I am running a business; I don’t have time for all of those policies” or “We are so small there are not enough of us to have all of this paperwork in place”. The truth is that a lack of process and policies can mean a considerable amount of time spent on labour issues than most employers would like. Here are the top five things every employer should know when it comes to having an effective compliance structure in their business. 

1. Review, Renew, Rework 

Many Com...

February 19, 2019

Workplace Skills Plan and Annual Training Report (WSP & ATR) 

The Skills Development Act aims to develop the skills of the South African workforce and to improve the quality of life of workers and their prospects of work. Effective Skills Development can improve productivity in the workplace and the competitiveness of employers and can also promote self-employment. 

What is the Workplace Skills Plan (WSP) and Annual Training Report (ATR)? 

A WSP is planned training for the following year. 

An ATR is a report on actual training completed during the previous year. The below is needed as proof of t...

November 22, 2018

With South Africa’s strict labour laws many employers are choosing to outsource work to contractors rather than employing people on a full-time basis. While this may provide some relief in respect of the labour laws employers may still have SARS obligations to these service providers more commonly known as a personal service provider or “PSP".

A PSP has been included in the definition of an employee for tax purposes and in is defined as: 

Any company or trust, where any service rendered on behalf of such company or trust to a client (deemed employer) of such company or trust is rendered personally...

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