Every chairperson, when deciding on a sanction, must go through a process where he or she decides whether dismissing the employee is the right or fair thing to do. Templates & guides Coronavirus and Australian workplace laws. Once they have completed that, they can set up contracts and learnership agreements with learners. Information sheet by the CCMA on Retrenchment in Terms of Section 189A - This section applies to employers employing more than 50 employees. Information sheet by the CCMA on Work Times - This does not apply to senior managers, travelling sales staff or people who work less than 24 hours a month. 3. The Code of Good Practice on Pregnancy and Afterbirth assists employers to know the rights and duties in the accommodation and treatment of pregnant employees; as well as to assist employees to know their rights. Information sheet on the Metal And Engineering Industries Bargaining Council (MEIBC) by LabourSmart - Basic information and contact details. Payment in kind may not be less than R100. Place of work ……………………………………………………………. The Purpose of This Form is to assist employers with their employment equity workplace profile. Job Description, Duties & Responsibilities. VAT Registration Number 4690 279 163 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. Affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace. Labour Law and Employment Contracts in South Africa. Employment Contract Template. The Secretary of the Bargaining Council fills in this form. The Secretary of the trade union fills in this form. This form is issued in terms of Section 21(4A) of the Employment Equity Amendment Act, 2013 (Act No. The Secretary of the statutory council fills in this form. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. Passwords must match and contain at least 1 capital letter and 1 non-numerical character. When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? 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. Code of good practice on key aspects of disability in the workplace. Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32, Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Siswati), Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Tshivenda), Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Xhosa), Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Xitsonga), Form supplied by the Department of Labour for the Employers Report of an Occupational Disease - COID - W.CI.1(E), Form supplied by the Department of Labour for the Employers Report of an Accident - COID - W.CI.2, Form supplied by the Department of Labour for the Notice of Accident and Claim for Compensation - COID - W.CI.3, Form supplied by the Department of Labour for the First medical report in respect of an accident - COID - W.CI.4, Form supplied by the Department of Labour for the Final or progress medical report in respect of an accident - COID - W.CI.5, Form supplied by the Department of Labour for an Resumption report - COID - W.CI.6, Form supplied by the Department of Labour for the Notice of an Occupational Disease and claim for compensation - COID - W.CI.14, Form supplied by the Department of Labour for the First medical report in respect of an occupational disease - COID - W.CI.22, Form supplied by the Department of Labour for the Final or progress medical report in espect of an occupational disease - COID - W.CI.26. 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. THE PURPOSE OF THIS FORM - This form is an application by an accredited agency to the CCMA to renew its accreditation, either in the current or amended form. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. The employee who is a conscientious objector fills in this form. The official public holidays are: New Years Day (1 January) Human Rights Day (21 March) Good Friday (varies) Family Day (varies) Freedom Day (27 April) Workers Day (1 May) Youth day (16 June) National Woman’s Day (9 August) Heritage Day (24 September) Day of Reconciliation (16 December) Christmas Day (25 December) Day of Goodwill (26 December) Any other day declared an official public holiday from time to time should also be granted. p.m. on Mondays to Fridays and from ……………a.m. The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages). Information sheet on the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) by LabourSmart - Basic information and contact details. The Compensation for Occupational Injuries and Diseases Act requires employers to report all accidents at work. The total remuneration is the total of the money received by the employee and the payment in kind (i.e. THE PURPOSE OF THIS FORM - This form requests the Director of the CCMA to certify that an award made by a CCMA Commissioner is a genuine award. MS Word; Pages; Size: A4, US. An accredited council or accredited private agency fills in this form. with links to the relevant section from the Unemployment Insurance Act, Basic Guide on UIF Maternity Benefits - Who can claim? General Any changes to this agreement will only be valid if they are in writing and have been agreed and signed by both parties. It is issued in terms of Section 21(5) of the Employment Equity Act, 55 of 1998 as amended. More than just a template, our step-by-step interview process makes it easy to create an Employment Agreement Amendment. It is also the starting point for the entire system of labour law rules. ¿! Paragraph 1.2 of Article One is deleted and replaced with the following: 1.2 Term. An employer, assisted by a labour inspector completes this form. 5.2The employee shall be entitled to the following allowances/payment in kind:    5.2.1A weekly/monthly transport allowance ofR…………. Labour law applies to all employees, which include permanent, fixed term and part-time employees, as well as employees employed by labour brokers, and this entitles them to certain rights. 199... ……………………………………………………………. Information sheet on the Statutory Council for the Fast Food, Catering, Restaurant and Allied Trades (SCFFRCAT) by LabourSmart - Basic information and contact details. Section 19(2) indicates that the analysis must include a profile to determine the under-representation of people from the designated groups in the various occupational levels in the workforce. The Secretary of the Bargaining Council fills in this form. The length of employment determines the notice period. Just insert your data in the place of the highlighted parts of the contract. IP licences and sales. This form is used to issue a compliance order to an employer who has failed to comply with sections 16, 17, 19, 22, 24, 25 or 26 of the Employment Equity Act, 55 of 1998, as amended. The daily rest period may by agreement be reduced to 10 hours for an employee who live on the premises whose meal interval lasts for at least three hours. Please refer to the latest legislation applicable. Sample Employment Agreement Amendment. WHO FILLS IN THIS FORM? Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. The issue concerning legitimate expectation is dealt with in terms of section 186(1)(b) of the Labour Relations Act 66 of 1995 (“the Act/LRA”) which includes a 'dismissal’ to mean that employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms or did not renew it. 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. Job description Job Title ……………………………………………….(e.g.. Additional payments (such as for overtime or work on Sundays or Public Holidays) are calculated from the total remuneration as indicated in clause 5.3 of the contract. Information sheet on Full Range Employer Organisation (FREO) by LabourSmart - Basic organisation information and contact details. The probative value of Polygraph testing is discussed. 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. The party requesting the taxation fills in this form. Lunchtime will be taken from ………… to …………… daily. Information sheet by the CCMA on Ill-Health and Injury - Illness or injury (incapacity) of a serious nature may be a valid reason for dismissal. EEA 7 Form - Director-General review assessment form, Objection against a compliance order, The EEA8 gives information on provincial and national demographics to assist employers when they do their employment equity workplace profile. They must be accredited with SETAs before they can start training. This subfolder contains templates (waivers, deeds, and letters to vary terms of employment) designed to be used for amending terms of employment contracts. 5.2.2Meals per week/month to the value ofR…………. Information sheet on the General Public Service Sector Bargaining Council (GPSSBC) by LabourSmart - Basic information and contact details. 11. Information sheet on the NBC by LabourSmart - Basic information and contact details. This form is an application for registration by trade unions that wish to amalgamate. A list of Registered Bargaining Councils with ther contact details for August 2014 (information from Department of Labour), A list of Registered Employer Organisations with ther contact details for August 2014 (by the Department of Labour). An Amending Agreement is a legal form that is used to make changes to a previously signed legal document or contract. A code of good practice promulgated in terms of section 87(1)(b) of the BCEA dealing with the protection of female employees during pregnancy and after birth. By filling out a one page, plain English form you are able to compile your contracts & documents customised to your circumstances. The Secretary of the Council fills in this form. If your company requires vendor registration to make payments for training, please complete the contact form and we will be in contact shortly with the required documents. THE PURPOSE OF THIS FORM - To tax a bill of costs. Sectoral Determination - Taxi Amendment Wages 2016, Sectoral Determination - Wholesale & Retail Sector wages 2017, Code of good practice on the arrangement of working time, Form BCEA1A - Summary of the Basic Conditions of Employment Act - English, Form BCEA1B - Summary of the Basic Conditions of Employment Act - Afrikaans, Form BCEA1C - Summary of the Basic Conditions of Employment Act - Sepedi, Form BCEA1D - Summary of the Basic Conditions of Employment Act - Sotho, Form BCEA1E - Summary of the Basic Conditions of Employment Act - Setswana, Form BCEA1F - Summary of the Basic Conditions of Employment Act - Siswati, Form BCEA1G - Summary of the Basic Conditions of Employment Act - Venda, Form BCEA1H - Summary of the Basic Conditions of Employment Act - Xitsonga, Form BCEA1J - Summary of the Basic Conditions of Employment Act - IsiXhosa, Form BCEA1K - Summary of the Basic Conditions of Employment Act - IsiZulu, Form BCEA1l - Summary of the Basic Conditions of Employment Act - IsiNdebele, Form BCEA5 - Certificate of Service for Domestic Workers. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance. A document containing links to the Employment Equity Reports. THE PURPOSE OF THIS FORM - This form is an application by a Council to the Governing Body of the CCMA for a subsidy to perform dispute resolution functions and train people to perform these functions. Information sheet on the Safety and Security Sectoral Bargaining Council (SSSBC) by LabourSmart - Basic information and contact details. and Who must register with SARS? Training providers and employers form a partnership to start learnerships. 6. The Secretary of the Council fills in this form. Commencement This contract will begin on ……………… and continue until terminated as set out in clause 4. Basic Conditions of Employment Act Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination If required or permitted to work during this period, remuneration must be paid. The World Economic Forum’s Global Competitiveness Report of 2014/2015 (WEFGC report), underlines the inefficiency of South Africa’s education, health and labour structures. Information sheet by the CCMA on Probation - Probation is for newly appointed employees only. THE PURPOSE OF THIS FORM - This form is an application by a Council to vary its scope of registration. This annexure provides a table of equivalent occupational levels that may be used by employers when completing the EEA2 and EEA4 forms. 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. Information Sheet by the CCMA on Collective Agreements (1) - A collective agreement is a written agreement concerning terms and conditions of employment, or any other matter of mutual interest. Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. 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 employer fills in this form. The new fees charged by the CCMA for services. The second part of the process is to determine the fairness of the dismissal. Information sheet by the CCMA on Misconduct (1) - Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. Workers can complete the EEA1 to assist employers with this analysis. Information sheet by the CCMA on Promotion of Access to Information Act - This Act gives effect to the constitutional right of access to information contained in the Bill of Rights. (Jan 2002). Information sheet on the National Bargaining Council for Hairdressing, Cosmetology Beauty and Skincare Industry by LabourSmart - Basic information and contact details. 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. (BCEA). However, in the event of it not being possible for the employer to adapt the domestic workers duties and/or to find alternatives, then such employer may terminate the services of the domestic worker. 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