How Do Face Masks Work?

How do Face Masks Work

At the start of the pandemic, there were mixed messages on whether or not the public should be wearing face masks. This left many wondering if face masks work and why they should bother wearing one. The good news is, they do help protect us! While the guidelines for COVID-19 may be rapidly developing, and confusing us all, we can look to other well-established healthcare guidelines to understand how face masks protect us from becoming infected and infecting others. So, what exactly do these masks do?

1. They keep your respiratory droplets from spreading to others!

The CDC outlines three transmission-based precautions to help stop the spread of various pathogens: contact, droplet, and airborne. A pathogen is an agent that causes a disease, and different pathogens use different methods to spread. Surgical masks are a key protective measure in droplet precautions and airborne precautions. Surgical masks are routinely used in healthcare settings to prevent the spread of infections such as influenza, pneumonia, and meningitis. In what the CDC terms “source control”, they outline that the infected individual should wear a mask to help prevent transmission.

Many viruses and bacteria, such as the ones previously listed, are spread through respiratory droplets. These respiratory droplets are generated when a person is coughing, sneezing, or talking. That’s right, even just by talking! If you are infected, the pathogen can travel through your respiratory droplets and be transmitted to people around you, or they can contaminate surfaces. So, in the context of the COVID-19 pandemic, you may be an unaware vector of the disease and wearing a mask helps you keep your droplets to yourself when interacting with others.

2. They protect you from infected individuals!

In regards to the same CDC transmission-based precautions, specific personal protective equipment can be used to decrease your chances of contracting various pathogens. When viruses and bacteria spread by respiratory droplets, those droplets infect you by travelling into your mouth, nose, and eyes. Wearing a mask properly helps block infectious particles from finding a home in your mouth and nose. COVID-19, in most cases, is believed to be spread by respiratory droplets. Thus, wearing a mask can help reduce your risk of contracting the disease.

Now that we know how face masks protect us, it is important to note that different masks can offer different levels of protection. The American Society of Testing and Materials (ASTM) is an international standards organization that develops technical standards for many different fields-including healthcare. They put face masks through a series of five tests to determine what standards they meet. These tests are: Bacterial filtration, particle filtration, synthetic blood splatter, flammability, and breathability. Based on specific criteria, the masks are sorted into one of three levels after they are tested. Level 1 offers the lowest level of protection, while level 3 offers the highest. Patriot Medical Devices offers masks that have been tested and proven to function at the ASTM 3 standard. Patriot masks offer the highest level of protection against particles and fluids, while also being comfortable to wear!

References

Transmission Based Precautions.
https://www.cdc.gov/infectioncontrol/basics/transmission-based-precautions.html

Modes of transmission of virus causing COVID-19: implications for IPC precaution recommendations.
https://www.who.int/news-room/commentaries/detail/modes-of-transmission-of-virus-causing-covid-19-implications-for-ipc-precaution-recommendations


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The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise. Source: This article originally appeared on Patriot Medical Devices

Return-to-Workplace Guide (COVID-19)

As the lockdown in South Africa is eased and businesses start to re-open, ensuring the health and safety of employees and members of the public will be of paramount importance in every organization’s return-to-workplace plan. The Minister of Employment and Labour signed a Direction in terms of section 10(8) of the National Disaster Regulations that provides for measures employers are required to adhere to at this time. Together with the Direction, the Department published a Summary as well as a COVID-19 Walk Through Risk Assessment to guide additional workforce preserving strategies.

The hazards posed by COVID-19 are clearly identifiable, and employers must take steps to eliminate or minimize the risk of infection and the spread of the disease.

The Direction recognizes that there are sector-specific measures that will need to be taken into account, and provision is accordingly made for sector guidelines to supplement the Direction.

The Direction does not apply to workplaces (a) excluded from the Occupational Health and Safety Act (OHSA); (b) in which medical or healthcare services are performed (but excluding retail pharmacies); and (c) in respect of which a direction is issued by another Minister in terms of the National Disaster Regulations. It does apply to employers and workers in respect of the manufacturing, supply or provision of essential goods or essential services as defined in the Regulations, and any workplace permitted to commence or continue operations before or after the expiry of the Regulations. The Direction remains in force for as long as the declaration of the national disaster remains in force.

For purposes of the Direction, ‘worker’ refers to the employees of the employer and any other person who works at the workplace. In terms of the Direction, every worker is obliged to comply with the measures introduced by the employer as required by the Direction.

Bowmans has compiled a Return-to-Workplace guide outlining the measures that employers with more than 10 employees must implement. Click here to see the document.

Employers with less than 10 employees must:

  • arrange the workplace to ensure that employees are at least 1.5 meters apart, or if not practicable, place physical barriers between them to prevent the possible transmission of the virus;
  • ensure that employees with COVID-19 like symptoms are not permitted to work;
  • immediately contact the hotline: 0800 02 9999 for instruction and direct the employee with COVID-19 symptoms to act in accordance with these instructions;
  • provide cloth masks, or require employees to wear some form of cloth covering their mouths and noses while at work;
  • provide employees with hand sanitizers, soap and clean water to wash their hands, and disinfectants to sanitize their workstations;
  • ensure that employees wash their hands with soap and water and sanitize their hands, while at work; and
  • ensure that workstations are regularly disinfected.

A contravention of the Direction places the employer at risk of enforcement proceedings under OHSA, and the offences and penalties set out in section 38 of OHSA will apply. Labour inspectors are tasked with the monitoring of compliance with this Direction and may attend at workplaces for this purpose.


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The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise. Source (adapted from: bowmanslaw.com

Basic Guide to Submitting a Medical Report

Basic Guide to Submitting a Medical Report

A doctor or chiropractor must submit medical reports to the employer within a certain period.

Application

The Compensation for Occupational Injuries and Diseases Act applies to:

  • all employers; and
  • casual and full-time workers who, as a result of a workplace accident or work-related disease:
    • are injured, disabled, or killed; or
    • become ill.

This excludes –

  • workers who are totally or partially disabled for less than 3 days;
  • domestic workers;
  • anyone receiving military training;
  • members of –
    • the South African National Defence Force, or
    • the South African Police Service;
  • any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
  • anyone employed outside the RSA for 12 or more continuous months; and
  • workers working mainly outside the RSA and only temporarily employed in the RSA.

See (Ref)

Workers who are affected by occupational injuries and diseases are entitled to compensation

Submitting a Medical Report

A doctor or chiropractor must submit a medical report to the employer within

  • 14 days of examining an injured worker; or
  • 14 days of diagnosing an occupational disease.

If a worker is unemployed at the time of being examined, the medical report must be submitted to the Compensation Commissioner.
A worker or his dependant may request a copy of the medical report from the doctor or chiropractor.
The doctor or chiropractor must submit further medical reports, if the Commissioner, mutual association or employer individually liable, requires them.
A doctor or chiropractor who fails to submit a medical report will be liable for the cost of medical expenses until the report has been submitted.

Based on Legislation in Section 74of the Compensation for Occupational Injuries and Diseases Act


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Originally appeared on labour.gov.za on 18-02-2014. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Employment Equity Plans

Basic Guide to Employment Equity Plans

Employers must have employment equity plans. The plans must show the objectives, affirmative action measures, timetables, duration, procedures and responsibilities that employers will implement.

Application

The Employment Equity Act applies to all employers, workers and job applicants, but not members of the –

  • National Defence Force;
  • National Intelligence Agency; and
  • South African Secret Service.

The provisions for affirmative action apply to –

  • employers with 50 or more workers, or whose annual income is more than the amount specified in Schedule 4 of the Act;
  • municipalities;
  • organs of State;
  • employers ordered to comply by a bargaining council agreement;
  • any employers who volunteer to comply.

See (Ref)

Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action.

Employment Equity Plan

Employers must prepare and implement and employment equity plan, which will help to reach employment equity in their workplace.

Based on Legislation in Section 20, of the Employment Equity Act

What Must Employers Include In The Plan?

Employment equity plans must show –

  • objectives for every year;
  • affirmative action measures that will be implemented;
  • where black people, women and people with disabilities are not represented –
    • numerical goals to reach this;
    • timetables; and
    • strategies;
  • timetables for annual objectives;
  • the duration of the plan (not shorter than a year or longer than 5 years);
  • procedures that will be used to monitor and evaluate the implementation of the plan;
  • ways to solve disputes about the plan; and
  • people responsible for implementing the plan.

Based on legislation in Section 20of the Employment Equity Act


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Originally appeared on labour.gov.za on 14-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Registration

Basic Guide to UIF Registration

Employers must register with the Unemployment Insurance Fund (UIF) or the South African Revenue Services (SARS).

Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

See (Ref)

Prescribes how employers should contribute to the UIF Contributions fund.

Who Must Register with UIF?

All employers who have employees working 24 or more hours a month.

Based on Legislation in Section 10of the Unemployment Insurance Contributions Act

Who Must Register with SARS?

All employers as soon as they have an employee who earns taxable income must also register with SARS.

Based on Legislation in Section 10of the Unemployment Insurance Contributions Act


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Affirmative Action

Basic Guide to Affirmative Action

Affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace.

Application

The Employment Equity Act applies to all employers, workers and job applicants, but not members of the –

  • National Defence Force;
  • National Intelligence Agency; and
  • South African Secret Service.

The provisions for affirmative action apply to –

  • employers with 50 or more workers, or whose annual income is more than the amount specified in Schedule 4 of the Act;
  • municipalities;
  • organs of State;
  • employers ordered to comply by a bargaining council agreement;
  • any employers who volunteer to comply.

See (Ref)

Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action.

Affirmative Action Measures

Employers must make sure designated groups (black people, women and people with disabilities) have equal opportunities in the workplace. Designated groups must be equally represented in all job categories and levels.

Based on Legislation in Section 15of the Employment Equity Act

Why is Affirmative Action Necessary?

Affirmative action makes sure that qualified designated groups (black people, women and people with disabilities) have equal opportunities to get a job. They must also be equally represented in all job categories and levels of the workplace.

Based on legislation in Section 15, of the Employment Equity Act

What Measures Must Employers Take?

Employers must –

  • find and remove things that badly affect designated groups;
  • support diversity through equal dignity and respect to all people;
  • make changes to ensure designated groups have equal chances;
  • ensure equal representation of designated groups in all job categories and levels in the workplace; and
  • retain and develop designated groups.

Based on Legislation in Section 15 of the Employment Equity Act

Discussing Affirmative Action with Workers

Employers must discuss employment equity issues with their workers. They must include different kinds of workers in the talks.

Based on Legislation in Section 16of the Employment Equity Act

Who Should Employers Talk To?

When they discuss employment equity, employers must make sure they include workers from:

  • all job categories and levels;
  • designated groups (black people, women and people with disabilities); and
  • workers who are not from designated groups.

Based on legislation in Section 16of the Employment Equity Act

What Should Employers Discuss With Workers?

Employers must talk to workers or their unions about their employment equity:

  • studies;
  • plans; and
  • reports.

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Originally appeared on labour.gov.za on 14-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Unemployment Benefits

Basic Guide to UIF Unemployment Benefits

Workers who become unemployed have the right to claim from the UIF. Workers must apply and will be paid at the labour centre of their choice.

Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

See (Ref)

Provides security to workers when they become unemployed.

Claiming

Who can claim?

You cannot claim if you get –

  • benefits from the Compensation Fund;
  • benefits from an unemployment fund under the Labour Relations Act;
  • or if they – 
    • are suspended from claiming because of fraud;
    • quit their job;
    • do not report at set dates and times; or
    • refuse training and advice.

Workers can claim if their – 

  • employers are bankrupt; 
  • contracts are ended; or if they
  • are fired.

Domestic workers can also claim if –

  • they work for more than 1 employer, and loose their job at one of the employers; or
  • their employer dies.

Workers must register as worker-seekers (see How to Register as Work-seeker) and be available for work.

Based on legislation in Section 14Section 16Section 36of the Unemployment Insurance Act

When must I claim?

Workers must claim within six months after they stopped working.

Based on Legislation in Section 17 of the Unemployment Insurance Act

How long can I claim for?

Workers can claim from the day they stopped working until their benefits are used up or they start working again.

Based on Legislation in Section 15of the Unemployment Insurance Act

How do I claim?

Workers must fill in the application forms and, together with other required documents, hand it in at a labour centre.

Benefit Payments

How will I be paid?

Benefit payments will be paid to the contributors bank account.

Based on legislation in Section 18of the Unemployment Insurance Act

Tax

No tax is payable on the benefits.

Based on Legislation in Section 34 of the Unemployment Insurance Act

Overpayments

If you get more money than you should, you must pay back the extra money.

Based on Legislation in Section 35of the Unemployment Insurance Act

When the UIF May Refuse to Pay

The UIF may stop paying you benefits if you refuse to:

  • accept a job;
  • go for training; or
  • go for advice.

Based on Legislation in Section 18of the Unemployment Insurance Act


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Illness Benefits

Basic Guide to UIF Illness Benefits

Workers who become ill have the right to claim from the UIF. Workers (or their representatives) must apply and collect payments at the labour centre of their choice.

Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

See (Ref)

Provides security to workers when they become unemployed.

Claiming

Who can claim?

You cannot claim if you –

  • get benefits from –
    • the Compensation Fund; or
    • an unemployment fund under the Labour Relations Act;
  • get Unemployment Benefits from the UIF;
  • have been suspended from claiming because of fraud;
  • are ill for less than 14 days; or
  • refuse medical treatment.

You can claim only if you are unable to work because of your illness. 

Based on legislation in Section 14Section 20Section 36of the Unemployment Insurance Act

When must I claim?

You must claim within 6 months of becoming ill.

Based on Legislation in Section 22 of the Unemployment Insurance Act

How long can I claim for?

You can claim from the day you stop working until your benefits are used up or you go back to work.

Based on Legislation in Section 19of the Unemployment Insurance Act

How do I claim?

You must fill in the application forms and hand them in, together with other required documents, at a labour centre. If you are too ill, someone else may fill in the forms and hand them in for you.

Benefit Payments

How will I be paid?

Benefit payments can be paid into your bank account.  If you are too ill to collect payments yourself, someone else may collect the money for you.

Based on legislation in Section 23of the Unemployment Insurance Act

Tax

No tax is payable on the benefits.

Based on Legislation in Section 34 of the Unemployment Insurance Act

Overpayments

If you get more money than you should, you must pay back the extra money.

Based on Legislation in Section 35of the Unemployment Insurance Act


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Declarations

Basic Guide to UIF Declarations

Employers must send information about their workers to the Unemployment Insurance Fund (UIF).

Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

See (Ref)

Provides security to workers when they become unemployed.

What are UIF Declarations?

Before the 7th of every month, employers must send certain information about their workers to the UIF. The details of the workers are stored in the database of the Fund. When workers become unemployed, the Fund can process the application without delay.

Based on Legislation in Section 10of the Unemployment Insurance Contributions Act

Who Must Submit Declarations to UIF?

All employers must submit monthly declarations directly to the UIF, including those employers registered with SARS.

Based on Legislation in Section 10of the Unemployment Insurance Contributions Act


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Contributions

Basic Guide to UIF Contributions

Employers must pay unemployment insurance contributions of 2% of the value of each worker’s pay per month. The employer and the worker each contribute 1%.

Contributions are paid to the Unemployment Insurance Fund (UIF) or the South African Revenue Services (SARS).

Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

See (Ref)

Prescribes how employers should contribute to the UIF Contributions fund.

Contributions Payable

The contribution that employers must deduct from a worker’s pay is 1% of the worker’s total earnings, excluding commission. In addition to the 1% deducted from the worker, the employer also contributes 1% for every worker that they employ. The total contribution paid to the UIF is therefore 2%. Example: If a worker earns R1 000 per month, the employer must deduct 1%, namely R10. In addition, the employer must pay R10 for that worker. The total of R20 must, therefore, be paid to the UIF or SARS.

Earnings Ceiling

Workers who earn more than the annual, monthly or weekly maximum earnings ceiling must also contribute to the Fund, but their contributions are worked out on the maximum earnings ceiling.

NB: CURRENTLY THE CEILING IS STANDING AT (STATE THE CURRENT CEILING)

Example:
If a worker earns R10 000 per month and the monthly earning ceiling is R1 096 per month, the worker’s contribution will be worked out on R8 836.

What employers may not do

Employers may not –

  • deduct more than 1%;
  • deduct outstanding amounts when they fall behind with payments; and may not
  • ask a fee for deducting the money.

If employers deduct too much money by accident, they must pay the extra money back to workers.

Based on Legislation in Section 6 and Section 7 of the Unemployment Insurance Contributions Act

Payment of Contributions

Employers must pay the 1% they deducted from workers, together with the 1% they have contributed, to the UIF or SARS before the 7th of every month. Example: Contributions due for January, must reach the UIF or SARS on or before 7 February. If the 7th day of a month is not a business day, employers must pay on or before the last business day before the 7th. “Business day” means any day that is not a Saturday, Sunday or Public Holiday.

Based on Legislation in Section 8Section 9of the Unemployment Insurance Contributions Act


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Maternity Benefits

Basic Guide to UIF Maternity Benefits

Workers on maternity leave have the right to claim from the UIF. Workers must apply and will be paid at the labour centre of their choice.

Application

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

  • workers working less than 24 hours a month for an employer;
  • learners;
  • public servants;
  • foreigners working on contract;
  • workers who get a monthly State (old age) pension; or
  • workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.

See (Ref)

Provides security to workers when they become unemployed.

Claiming

Who can claim?

 You cannot claim if you –

  • get benefits from –
    • the Compensation Fund for an occupational injury or disease; or
    • any other unemployment fund; or
    • have been suspended from claiming because of fraud.

You can claim if you are on maternity leave.

Based on legislation in Section 14Section 24Section 36of the Unemployment Insurance Act

When must I claim?

Workers must apply as soon as they go on maternity leave.

Based on Legislation in Section 25 of the Unemployment Insurance Act

How long can I claim for?

Workers can claim for 17 weeks. Workers who miscarry in the third trimester or have a stillborn child can claim for six weeks.

Based on Legislation in Section 24of the Unemployment Insurance Act

How do I claim?

Workers must fill in the application forms and, together with other required documents, hand it in at a labour centre.

Benefit Payments

How will I be paid?

Benefit payments will be paid at your bank account.

Based on legislation in Section 23of the Unemployment Insurance Act

Tax

No tax is payable on the benefits.

Based on Legislation in Section 34 of the Unemployment Insurance Act

Overpayments

If you get more money than you should, you must pay back the extra money.

Based on Legislation in Section 35of the Unemployment Insurance Act


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to UIF Disputes

Basic Guide to UIF Disputes

Workers can appeal against a decision of the Commissioner or a claims officer.

Appeals

The Commissioner of the Unemployment Insurance Fund or a claims officer may reject your claim for benefits.

You can appeal a decision of the Commissioner or a claims officer at a Regional Appeals Committee by sending the UI-12 form to your nearest provincial office. (Regional Appeals Committees have not been established yet, until they have, please forward your form to the UIF Head Office).

You can appeal a decision of a regional appeals committee at the National Appeals Committee by sending the UI-12 form to the UIF Head Office.

Based on Legislation in Section 16of the Unemployment Insurance Act


Ref: Unemployment Insurance Act No. 63 of 2001


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Originally appeared on labour.gov.za on 19-11-2007. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Working on Sundays

Basic Guide to Working on Sundays

Workers must be paid a higher wage or receive paid time off in exchange for working on a Sunday.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Pay for Work on Sundays

Workers who do not usually work on a Sunday, must get double the normal hourly wage. Workers who usually work on a Sunday must get 1.5 times the normal hourly wage. Workers who usually work on a Sunday, but work less than their ordinary shift, must get their normal daily wage.

Based on Legislation in Section 16of the Basic Conditions of Employment Act

Paid Time Off

Instead of getting a higher rate, workers may agree to get paid time off in exchange for working on a Sunday.

Based on Legislation in Section 16of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Working Hours

Basic Guide to Working Hours

Basic Conditions of Employment laws set maximum working hours and minimum rest and break periods for workers.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Maximum Working Hours

Number of days worked per week Maximum
  Ordinary hours
per day
Ordinary hours
per week
1 – 5 9 45
more than 5 8 45

Based on Legislation in Section 9of the Basic Conditions of Employment Act

Compressed Working Week

Workers may agree, in writing, to work up to 12 hours a day without getting overtime pay. However, these workers may not work more than –

  • 45 ordinary hours a week
  • 10 hours’ overtime a week
  • 5 days a week

Based on Legislation in Section 11of the Basic Conditions of Employment Act

Averaging of Working Hours

A collective agreement may allow for working hours to be averaged over a period of up to 4 months. However, workers may not work more than –

  • an average of 45 hours a week
  • an average of 5 hours’ overtime a week

Based on Legislation in Section 12of the Basic Conditions of Employment Act

Meal Breaks

Workers must have a meal break of 60 minutes after 5 hours’ work. A written agreement may –

  • reduce meal intervals to 30 minutes
  • eliminate meal intervals for workers who work less than 6 hours a day

Based on Legislation in Section 14of the Basic Conditions of Employment Act

Rest Periods

Workers must have a rest period of –

  • 12 hours each day; and
  • 36 consecutive hours each week (must include Sunday, unless otherwise agreed)

Based on Legislation in Section 15of the Basic Conditions of Employment Act

Night Work

Workers working between 18h00 and 06h00 must –

  • get an allowance, or
  • work reduced hours, and
  • have transport available to them.

Based on Legislation in Section 17of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Termination

Basic Guide to Termination

Certain procedures must be followed when either an employer or worker wishes to terminate employment.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Notice of Termination

Notice must be given in writing, except when it is given by an illiterate worker.

Based on Legislation in Section 37of the Basic Conditions of Employment Act

Notice Period

Worker employed for…Notice Period
6 months or less1 week
More than 6 months, but less than 1 year2 weeks
1 year or more4 weeks *

* A collective agreement may reduce the 4 week notice period to not less than 2 weeks.

Based on Legislation in Section 37of the Basic Conditions of Employment Act

Pay Instead of Notice

Employers may decide to waive the notice period, but the worker must still be paid for the notice period.

Based on Legislation in Section 38of the Basic Conditions of Employment Act

Notice and Accommodation

Workers who live on the premises of the employer may stay in the accommodation for 1 month if the employer ends the contract of employment prematurely.

Based on Legislation in Section 39of the Basic Conditions of Employment Act

Severance Pay

Retrenched workers (dismissed due to employer’s operational requirements or insolvency) are entitled to 1 week’s pay for every year of service.

Based on Legislation in Section 41of the Basic Conditions of Employment Act

Certificate of Service

On termination of employment, workers are entitled to a certificate of service.

Based on Legislation in Section 42of the Basic Conditions of Employment Act

Unfair Dismissal

Workers who feel they have been unfairly dismissed should contact the CCMA.

Based on Legislation in Section 37of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Sick Leave

Basic Guide to Sick Leave

Workers may take the number of days they would normally work in a 6-week period for sick leave on full pay in a 3-year period.  Employers may insist on proof of illness before paying a worker for sick leave.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Application for Sick Leave

The provisions for sick leave do not apply to –

  • workers who work less than 24 hours a month
  • workers who receive compensation for an occupational injury or disease
  • leave over and above that provided for by the Act.

Number of sick days

Workers may take the number of days they would normally work in a 6-week period for sick leave on full pay in a 3-year period. However, during the first 6 months of employment, workers are only entitled to 1 day of paid sick leave for every 26 days worked.

Based on Legislation in Section 22of the Basic Conditions of Employment Act

Proof of Illness

An employer may require a medical certificate before paying workers who are absent for more than 2 consecutive days, or who are often absent (more than twice in an 8-week period).

Based on Legislation in Section 23of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Public Holidays

Basic Guide to Public Holidays

Workers must get paid time off for public holidays, but if they agree to work, they must be paid double their normal daily wage.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for public holidays do not apply to –

  • senior management
  • sales staff who travel
  • workers who work less than 24 hours a month

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Pay for Public Holidays

Workers must get paid time off for any public holiday that falls on a working day.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Working on Public Holidays

Working on a public holiday is by agreement only. Workers must be paid extra for working on a public holiday.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Exchanging Public Holidays

A public holiday can be exchanged with another day by agreement.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Public Holidays and Annual Leave

A public holiday cannot be counted as annual leave.

Based on Legislation in Section 20of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Pay Slips

Basic Guide to Pay Slips

Each time workers are paid, employers must give them a pay slip containing certain details.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Contents of Pay Slips

Employers must give workers the following information in writing when they are paid:

  • Employer’s name and address
  • Worker’s name and occupation
  • Period for which payment is made
  • Total salary or wages
  • Any deductions
  • The actual amount paid
  • If relevant to the calculation of pay:
    • Employee’s pay and overtime rates
    • Number of ordinary and overtime hours worked
    • Number of hours worked on a Sunday or public holiday
    • The total number of ordinary and overtime hours worked in the period of averaging, if a collective agreement to average working time has been concluded

Based on Legislation in Section 23of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Overtime

Basic Guide to Overtime

The amount of overtime a worker may work is limited.  Workers must get 1.5 times their normal hourly pay or paid time off in exchange for overtime.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Overtime Hours

Workers may not work –

  • overtime, unless by agreement
  • more than 10 hours’ overtime a week (collective agreement may increase this to 15 hours per week for up to 2 months a year)
  • more than 12 hours on any day

Based on Legislation in Section 10of the Basic Conditions of Employment Act

Pay for Overtime

Employers must pay workers overtime at 1.5 times the normal hourly wage. Alternatively, a worker may agree to receive paid time off or a combination of pay and time off.

Based on Legislation in Section 10of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Maternity Leave

Basic Guide to Maternity Leave

Pregnant women may take 4 months of maternity leave, starting 1 month before their due date.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Number of Leave Days

Pregnant workers are entitled to at least 4 consecutive months of maternity leave.

Based on Legislation in Section 25of the Basic Conditions of Employment Act

Timing of Leave

Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife says it is safe.

Based on Legislation in Section 25of the Basic Conditions of Employment Act

Safety of Pregnant or Nursing Workers

A worker who is pregnant or nursing may not do work that is unsafe for her or her child.

Based on Legislation in Section 26of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Family Responsibility Leave

Basic Guide to Family Responsibility Leave

Workers may take up to 3 days of paid leave a year to attend to certain family responsibilities.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Workers Excluded from Family Responsibility Leave

The provisions for family responsibility leave do not apply to workers who work less than –

  • 4 months for their employer
  • 4 days a week for one employer
  • 24 hours a month, or to
  • leave over and above that provided for by the Act.

Number of Leave Days

Full time workers may take 3 days of paid family responsibility leave during each annual leave cycle (12 month periods from date of employment). Family responsibility leave expires at the end of the annual cycle.

Based on Legislation in Section 27of the Basic Conditions of Employment Act

Reasons for Leave

You may take family responsibility leave:

  • when your child is born
  • when your child is sick
  • in the event of the death of your
    • spouse or life partner
    • parent or adoptive parent
    • grandparent
    • child or adopted child
    • grandchild
    • sibling.

Based on Legislation in Section 27of the Basic Conditions of Employment Act

Proof

Employers may require reasonable proof of the birth, illness or death for which a worker requests leave.

Based on Legislation in Section 27of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Employment Contracts

Basic Guide to Employment Contracts

The Basic Conditions of Employment Act requires that employers give workers certain details of their employment in writing.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Written Particulars of Employment

At the start of employment, employers must give workers a document containing the following information…

Based on Legislation in Section 29of the Basic Conditions of Employment Act

Employer and Worker Details

  • Employer’s full name
  • Employer’s address
  • Worker’s name
  • Worker’s occupation, or a brief description of the work

Employment Details

  • Place/s of work
  • Date of employment
  • Working hours and days of work

Payment Details

  • Salary or wage, or the rate and method of calculating wages
  • Rate for overtime
  • Any other cash payments
  • Any payments in kind and their value
  • Frequency of payment
  • Any deductions

Leave Details

  • Any leave to which the worker is entitled

Notice/Contract Period

  • Period of notice required for termination; or
  • Period of contract

Please Note:
The following does not apply to employers who employ less than 5 workers

  • Any period of employment with a previous employer that counts towards the period of employment
  • List of any other documents that form part of the contract and details of where the worker can get copies
  • Description of any council or sectoral determination which covers the employer’s business

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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Employer’s Basic Conditions of Employment Duties

Basic Guide to Employer's Basic Conditions of Employment Duties

All employers must comply with the provisions of the Basic Conditions of Employment Act.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

All Employers

All employers must –

  • set working hours in line with labour laws
  • follow the law with regard to overtime, public holidays, and working on Sundays
  • give workers –
    • annual leave
    • sick leave
    • maternity leave
    • family responsibility leave
  • only make deductions from a worker’s pay allowed for by law
  • provide workers with written particulars of employment
  • terminate the employment contract appropriately.

Employers with 5 or More Workers

Employers who employ 5 or more workers must –  provide workers with the following documents:

  • written particulars of employment
  • a pay slip each time they are paid
  • maintain an employee record for each worker
  • display a summary of the Basic Conditions of Employment Act in the workplace

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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Employee Records

Basic Guide to Employee Records

Employers must maintain a record of certain information for each worker.  These records must be kept for 3 years after termination.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for employee records do not apply to –

  • workers who work less than 24 hours a month
  • employers who employ less than 5 workers

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Contents of Employee Records

Employers must keep a record of the following information for each worker:

  • Worker’s name and occupation
  • Time worked
  • Pay received
  • Date of birth (if under 18 years of age)
  • Any other prescribed information

Based on Legislation in Section 31of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Deductions

Basic Guide to Deductions

Employers may only deduct money from a worker’s pay if the worker agrees or if they are required to do so.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for deductions do not apply to –

  • workers who work less than 24 hours a month

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination

Conditions for Deductions

Employers may not deduct money from a worker’s pay unless –

  • the worker agrees in writing to the deduction of a debt, or
  • the deduction is made in terms of a collective agreement, law (e.g. UIF contributions), court order or arbitration award.

Based on Legislation in Section 34of the Basic Conditions of Employment Act

Deductions for Damage or Loss

Deductions for damage or loss caused by the worker may only be made if –

  • the employer has followed a fair procedure and given the worker a chance to show why the deduction should not be made,
  • the worker agrees in writing, and
  • the total deduction is not more than 25% of the worker’s net pay.

Based on Legislation in Section 34of the Basic Conditions of Employment Act

Deductions for Benefit Funds

Employers must pay deductions and employer contributions to benefit funds (pension, provident, retirement, medical aid, etc.) to the fund within 7 days.

Based on Legislation in Section 34of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Child Labour

Basic Guide to Child Labour

In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts.  Children aged 15 to 18 may not be employed to do inappropriate work.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination

Children Under 15

It is a criminal offence to employ a child under the age of 15, except if you have a permit from the Department to employ children in the performing arts.

Based on Legislation in Section 43of the Basic Conditions of Employment Act

Children Under 18

Children aged 15 to 18 may not be employed to do work inappropriate for their age or work that places them at risk.

Based on Legislation in Section 43of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Annual Leave

Basic Guide to Annual Leave

Basic Conditions of Employment legislation requires that workers get a minimum of 21 consecutive days of annual leave each year.  Employers can only pay workers instead of granting annual leave when employment is terminated.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for annual leave do not apply to –

  • workers who work less than 24 hours a month
  • leave over and above that provided for by the Act

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination

Number of Leave Days

Workers must get annual leave of at least –

  • 21 consecutive days, or
  • 1 day for every 17 days worked, or
  • 1 hour for every 17 hours worked.

Based on Legislation in Section 20of the Basic Conditions of Employment Act

Timing of Leave

Both the employer and worker should agree to the timing of leave.  If they cannot agree, the employer makes the final decision. Leave must be granted not later than 6 months after the end of the annual leave cycle (12 month periods from date of employment).

Based on Legislation in Section 20of the Basic Conditions of Employment Act

Pay Instead of Annual Leave

Employers may not pay workers instead of granting leave, except on termination of employment.

Based on Legislation in Section 21of the Basic Conditions of Employment Act

Annual Leave and Public Holidays

A public holiday cannot be counted as annual leave.

Based on Legislation in Section 20of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Private Employment Agencies

Basic Guide to Private Employment Agencies

Private employment agencies must register with the Department of Labour. The Director-General may cancel the registration if they do not abide by the rules.

See (Ref)

Aims to develop and improve the skills of the South African workforce.

Registration

Anyone who offers employment services for money must register with the Department of Labour. Registered private employment agencies get a certificate to prove that they have registered.

Based on Legislation in Section 24of the Skills Development Act

Cancellation of Registration

The Department of Labour may cancel the registration if the agency does not abide by the rules.

Based on Legislation in Section 25of the Skills Development Act

Disputes

Employment agencies may appeal against the cancellation of their registration at the Labour Court.

Based on Legislation in Section 26of the Skills Development Act


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Originally appeared on labour.gov.za on 12-09-2008. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Reporting Occupational Injuries and Diseases

Basic Guide to Reporting Occupational Injuries and Diseases

Workers must notify their employers of an accident immediately.  Employers must submit certain documents to the Compensation Commissioner within 7 days of being notified. Compensation claims for occupational injuries are calculated according to the degree of disablement.  Disablement caused by the employer’s negligence may result in increased compensation.

Application

The Compensation for Occupational Injuries and Diseases Act applies to:

  • all employers; and
  • casual and full-time workers who, as a result of a workplace accident or work-related disease:
    • are injured, disabled, or killed; or
    • become ill.

This excludes –

  • workers who are totally or partially disabled for less than 3 days;
  • domestic workers;
  • anyone receiving military training;
  • members of –
    • the South African National Defence Force, or
    • the South African Police Service;
  • any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
  • anyone employed outside the RSA for 12 or more continuous months; and
  • workers working mainly outside the RSA and only temporarily employed in the RSA.

See (Ref)

Workers who are affected by occupational injuries and diseases are entitled to compensation

What is an Occupational Injury?

Occupational injuries are injuries sustained by workers in the workplace or while performing any activities related to the business of the employer.

Procedure for Reporting Injuries

Workers

Workers, or someone on their behalf, must report an accident and any injuries, verbally or in writing, to the employer immediately. If a worker does not report a injury to his employer, the Commissioner or mutual association within 12 months of being injured, he will lose any right to benefits.

Employers

All employers must report any accidents that result in medical expenses and/or a worker’s absence from work for longer than 3 days by submitting the required documents to the Compensation Fund within 7 days. Employers who delay in reporting an accident are guilty of a criminal offence, and will have to pay a penalty.

Based on Legislation in Section 38 and Section 39 of the Compensation for Occupational Injuries and Diseases Act

What is an Occupational Disease?

An occupational disease is a disease caused by a worker’s job. See Schedule 3 of the Act for the list of occupational diseases.  Workers who contract a Schedule 3 disease can claim compensation.

Based on Legislation in Section 65Section 66of the Compensation for Occupational Injuries and Diseases Act

Procedure for Reporting Diseases

Workers

worker, or someone on his behalf, must report a disease, in writing, to the employer as soon as possible after a doctor’s diagnosis.

If a worker does not report a disease to his employer, the Commissioner or mutual association within 12 months of being diagnosed, he will lose any right to benefits.

Employers

Employers must fill in the required forms and submit them to the Compensation Commissioner within 14 days.

Compensation Commissioner

Once the Commissioner receives the forms, a claim will be registered and the decision to accept liability or not will be made. An acknowledgment card or postcard will be sent to the employer informing them of the Commissioner’s decision.

Based on Legislation in Section 65Section 68of the Compensation for Occupational Injuries and Diseases Act


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Originally appeared on labour.gov.za on 12-09-2008. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

Basic Guide to Payment of Compensation for Disablement

Basic Guide to Payment of Compensation for Disablement

The Compensation Commissioner determines the compensation payable based on medical evidence.

Application

The Compensation for Occupational Injuries and Diseases Act applies to:

  • all employers; and
  • casual and full-time workers who, as a result of a workplace accident or work-related disease:
    • are injured, disabled, or killed; or
    • become ill.

This excludes –

  • workers who are totally or partially disabled for less than 3 days;
  • domestic workers;
  • anyone receiving military training;
  • members of –
    • the South African National Defence Force, or
    • the South African Police Service;
  • any worker guilty of wilful misconduct, unless they are seriously disabled or killed;
  • anyone employed outside the RSA for 12 or more continuous months; and
  • workers working mainly outside the RSA and only temporarily employed in the RSA.

See (Ref)

Workers who are affected by occupational injuries and diseases are entitled to compensation

Temporary or Partial Disablement

Workers who are temporarily or partially disabled receive 75% of their pay from the date of the accident or disease diagnosis until their condition is stabilised or they are fit to go back to work. Employers must pay compensation for 3 months from the accident or diagnosis date and then claim these payments back from the Compensation Fund.

Duration of Payments

Compensation is no longer paid when workers –

  • are able to work again.; or
  • receive compensation for permanent disablement.

Based on legislation in Section 43Section 47Section 48of the Compensation for Occupational Injuries and Diseases Act

Permanent Disablement

Compensation is payable for any impairment of function, loss of limb or any permanent defect as a result of the injury or disease. Depending on the degree of disablement, compensation may take the form of lump sum or monthly pension payments. The degree of disablement is determined by the Compensation Commissioner, based on Schedule 2 of the Act, which provides a list of injuries and the associated degree of disablement.

Lump Sum Payments

A lump sum is paid when permanent disablement is 30% or less.
The formula for 30% is:
15 X worker’s pay (up to a maximum of less than 30% calculated proportionally) X degree of disablement ÷ 30.

Pension Payments

Pension is paid when the degree of permanent disablement is between 31% and 100%. The formula is:
75% of worker’s pay X degree of disablement ÷ 100.

Based on Legislation in Section 49 of the Compensation for Occupational Injuries and Diseases Act


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Originally appeared on labour.gov.za on 12-09-2008. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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