How to Prepare for the New Labour Laws

1. How to Prepare for the New Labour Laws GreigWhitton Founder, Evergrow Paul Cooley Founder, Workplace Strategies

2. Webinar outline • Umbrella sectoral determinations • Minimum remuneration increases • Temporary employment service providers • Deemed full-time employment • Full-time benefits for non-full-time employees • Re-definition of discrimination • Employment of foreign nationals

3. Umbrella sectoral determinations • What does it involve? • The Minister of Labour may publish employment terms and conditions that bind all employers not already governed by an industry-specific sectoral determination

4. Umbrella sectoral determinations • What should you do about it? • Factor unexpected employment cost increases into growth plans • Include an employment cost buffer when budgeting

5. Minimum remuneration increases • What does it involve? • The Minister of Labour may publish minimum wage increases on top of base minimum wages

6. Minimum remuneration increases • What should you do about it? • Determine whether any salaries exceeding minimum wage are necessary • Include an employment cost buffer when budgeting • Prepare a contingency plan for work performed by highly paid employees

7. Temporary employment providers • What does it involve? • Legal proceedings, compliance orders, and arbitration awards may apply to both temporary employment service providers and their clients • Temporary employees contracted via a temporary employment service provider may be deemed to be employees of the client

8. Temporary employment providers • What should you do about it? • Determine whether contracting temporary employment providers is still worthwhile • Ensure that any temporary employees only perform temporary work

9. Deemed full-time employment • What does it involve? • Fixed-term employment must be justified in writing or be considered full-time

10. Deemed full-time employment • What should you do about it? • Ensure that any fixed-term employment can be justified • Clearly specify the justification for any fixed-term employees in their contracts

11. Full-time benefits • What does it involve? • Non-full-time employees must be treated no less favourably than full-time workers performing similar work (depending on their earnings and employment period)

12. Full-time benefits • What should you do about it? • Identify whether any non-full-time employees will be entitled to full-time benefits • Plan and budget ahead to avoid unexpected employment costs

13. Re-definition of discrimination • What does it involve? • The definition of “discrimination” will be extended to unequal pay for equal work, and any other arbitrary ground not otherwise listed in the Act

14. Re-definition of discrimination • What should you do about it? • Scrutinise all employee management practices to ensure that any differential treatment won’t constitute discrimination

15. Employment of foreign nationals • What does it involve? • Foreign nationals will be excluded as beneficiaries of affirmative action • You must use public employment services before employing foreign nationals

16. Employment of foreign nationals • What should you do about it? • Calculate the impact of excluding foreign nationals from affirmative action quotas • Determine whether contracting foreign nationals is worth the potential hassle of using public employment services

17. Need more help? • Evergrow forums • Evergrowlabour guides • Greig: 021 671 8225 • Paul: 076 299 7807