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BCEA. Lecture 6 . The following must be provided in writing to the employee upon appointment: Personal particulars of the employer and employee; Employees occupation and place of work; Date of commencement of service; Normal workdays and hours; Particulars of remuneration;
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BCEA Lecture 6
The following must be provided in writing to the employee upon appointment: • Personal particulars of the employer and employee; • Employees occupation and place of work; • Date of commencement of service; • Normal workdays and hours; • Particulars of remuneration; • Overtime payment; • Date of payment; • Deductions; • Notice period for termination of employment; • Sectoral determinations applicable to employee*; • Documentation*. Particulars of employment and remuneration Class notes are not sufficient for study purposes.
Employer is required to keep records (for 3 years) of each employees: • Name and occupation; • Time worked; • Remuneration received; • Date of birth if employee is younger than 18 years. • Rights of employees must be displayed in all the official languages spoken in the workplace.* • Remuneration: • South African Rand; • Daily, weekly, fortnightly or monthly; • Cash, cheque of deposit – within 7 days after amount becomes payable; • Written notice regarding payment, overtime and deductions. Class notes are not sufficient for study purposes.
Should any of the latter information change – the Employee must be notified in writing. • If the Employee does not understand the written information – it must be explained to him in a language / form he will understand. • The remuneration must be paid to the employee within 7 days of the date of payment / termination of employment. .
An Employer may not subtract any amounts from the salary of an employee, UNLESS: • The employee agrees thereto; • It is allowed in terms of a collective agreement / legislation / court order / arbitration award. • Deductions may be made to reimburse an employer for any loss suffered if: • The loss occurred in the course of employment & fault of employee; • Employer followed fair procedure and granted the employee a reasonable opportunity to explain why deductions must not be made; • The total amount of debt must not exceed the amount of damage; • Total deductions must not be more than ¼ of the employees remuneration. .
Any deductions for items bought by the employee must be specified in detail. • An employee cannot be required to repay any remuneration received except for incorrect overpayments.
Notice must be given in writing unless the employee is illiterate, and if necessary it must be explained to him in a language he understands. • 6 months = 1 week • 6 months to 1 year = 2 weeks • Longer than 1 year = 4 weeks • Farm- and domestic workers: • 6 months’ employment = 4 weeks Termination of employment Class notes are not sufficient for study purposes.
Accommodation provided by employer: • Accommodation must be provided for at least 1 month from the date the contract can be legally terminated. • Should Employee wish to stay at the accommodation after the termination of his employment - remuneration paid in stead of notice (in lieu) reduced with the value of accommodation. • Employer must pay the employee the following upon termination of employment: • Overtime not yet paid; • Accrued annual leave; • Payment due in lieu of notice; • Outstanding wages / salaries; • Severance pay in case of retrenchment. Payment in lieu of notice Class notes are not sufficient for study purposes.
Must be issued upon termination of employment: • Full names; • Name and address of employer; • Collective agreement or sectoral determination applicable to employee; • Commencement and termination of service; • Job description; • Remuneration received upon termination of service; • Reason for termination of employment. Certificate of service Class notes are not sufficient for study purposes.
Employer may not employ: • Children under the age of 15; • Children over the age of 15, but still required to attend school (minimum grade 9 required). • No person may employ a child for services that are not suitable for a person of that age or that can endanger the education, health, wellbeing or social - / moral development. • Forced labour also prohibited. Prohibition of employment of children and forced labour Class notes are not sufficient for study purposes.
Give a brief exposition of the information an employer must issue to the employee. • Indicate the applicable principles i.r.o. child labour and forced labour • Discuss the principles i.r.o termination of employment (remuneration, notice, accommodation, payment, severance pay and certificates of service) OUTCOMES
