Labour Legislation: Will your company be found wanting?

alfaomega-logo-150In South Africa we have a number of acts that regulate the employer/employee (employment) relationship. Compliance with the stipulations of these acts are audited by the Department of Labour on a regular basis. Non-compliance may result in steep fines for a company and could even result in the temporary closure of a business.

Why are so many unfair labour practice cases heard by the CCMA won by employees?

We have established that a substantial number of favourable CCMA awards to employees are due to the following:

  • The company did not define its rules regarding employment practices, in other words the HR policies are lacking.
  • Staff are not aware of the existence of such rules/policies.
  • Management apply their decision-making regarding staff matters in an inconsistent way.

Will your employment approach stand the test of time?

There are a number of HR service providers in the South African who specialise in employment relations. HR practitioners from these service providers play a key role in supporting businesses to navigate the labour legislation maze. The level of involvement normally depends on the view held by the business owner for instance:

  • “As a business owner I am focussing on my business and the HR accountability is allocated to the Personal Assistant or Finance Person. If an employee steps out of line, I get my IR specialist in to deal with the situation. He/ She will deal with the matter and ensure that our risk is minimised”
  • “As a business owner I follow a holistic approach and have an outsourced HR service provider who is capable of taking care of all my HR requirements at a fraction of the cost of a full-time HR person.  All our HR policies are defined, implemented and communicated to all our staff and we apply the principles in a consistent manner”

The business owners who adopts the second approach ensures a business that is hassle free from an HR point of view and fully compliant in terms of labour legislation. An added benefit will in all probability be a more productive and content workforce.

How do I know that my business is compliant with the labour legislative requirements?

A short on-line evaluation that tests an employer’s knowledge on aspects such as employment conditions, dealing with poor performance, job descriptions, disallowed interview questions, safe outsourcing in RSA, shortest retrenchment period, etc.

To do the assessment, click on the link here.

Once you have completed the questions, you will:

  • Receive immediate feedback re your level of compliance.
  • Have the opportunity to provide Alfa & Omega NBS (HR Service provider) with your details should you wish to take further actions regarding your company’s level of compliance.

Dennis V Farrell (Dr)
+27 82 453 5840
58 Cathedral St, George. 6526.
Tel:  +2744 874 4256.
Fax: +2786 679 1763.

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