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Dealing with Personnel

Dealing with Personnel. Labour Relations.

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Dealing with Personnel

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  1. Dealing with Personnel

  2. Labour Relations The Labour Relations Act applies to all employers and employees (other than the National Defence Force, Secret Service, and National Intelligence Agency) and gives, in the first instance, effect to various constitutionally enshrined labour rights (such as the right to strike, freedom of association), as well as to the various obligations imposed by the International Labor Organisation.

  3. The Basic Conditions of Employment Act 75 of 1997 • The Basic Conditions of Employment Act (BCEA) regulates issues such as hours of work, leave, prohibition of various forms of employment as well as vari­ation of basic conditions of employment. Hours of work.

  4. The Basic Conditions of Employment Act 75 of 1997 • The Basic Conditions of Employment Act (BCEA) regulates issues such as hours of work, leave, prohibition of various forms of employment as well as vari­ation of basic conditions of employment. Hours of work.

  5. Leave • Employees are entitled to 21 consecutive days' leave for every 12 months of continuous employment. This is equal to one day's leave for every 17 days of employment. Employees may not be paid in lieu of taking leave. However, on termination of the contract of employment, employees are entitled to be paid out for any leave that has not been taken.

  6. Prohibition on Employment & Variation of Basic Conditions of Employment • Children • Collective agreement

  7. HEALTH AND SAFETY • Health refers to the employee’s freedom from physical or emotional illness • Safety refers to protecting employees from injuries caused by work related accidents

  8. The Occupational Health and Safety Act 85 of 1993 • The Occupational Health and Safety Act 85 of 1993 • The purpose of the Act is to: • provide for the health and safety of persons at work, with specific mention to the use of plant and machinery • protect persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work • establish an advisory council for occupational health and safety, and • provide for matters related to occupational health and safety

  9. The Occupational Health and Safety Act 85 of 1993 • An important aspect is that health and safety representatives must receive training and perform their functions and duties during ordinary working hours. You need to provide facilities, assistance, and training as may be reasonably required to such representatives.

  10. The Compensation for Occupational Injuries and Diseases Act 130 of 1993 • The main aim of the Act is to provide compensation for losses due to occupational injuries and diseases at the workplace. The Act applies to all employees, including members of the Permanent Force of the South African National Defence Force (SANDF), but excluding persons performing military service who are not members of the Permanent Force and members of the SA Police Services while employed on service in defence of the Republic, Independent contractors and domestic workers are also excluded.

  11. The Unemployment Insurance Act 63 of 2OO1 • The purpose of the Act is to establish, from contributions made by employees such as yourself and employers, an insurance fund against which employees (or their beneficiaries), on becoming unemployed, may draw, thus challenging the effects of unemployment.

  12. Insurance Contributions Act 4 of 2OO2 • The purpose of this Act is to provide for the collection of contributions to the Unemployment Insurance Fund as established by the Unemployment Insurance Act.

  13. The Employment Equity Act 55 of 2O01 • Due to South Africa's history and its discrimination practices the government of the day introduce an employment equity act to rectify all these practices.

  14. The Skills Development Act 97 of 1998 • Through the Act government aims to increase levels of investment and quality in education and training in the labour market. Hence are employees encouraged to participate in learning and other training programmes.

  15. The Skills Development Act 97 of 1998 • In terms of the Act, sectoral education and training authorities (SETA’s) may be established for any discrete or national economic sector. Their functions are, among other things, to develop a sector skills plan and to implement the plan by establishing and promoting learnerships, registering learnership agreements, approving workplace skills plans, collecting skills development levies in the sector, allocating grants, and monitoring education and training in the sector.

  16. The Skills Development Levies Act 9 of 1999 • In terms of this Act, are you and every other employer obligated to pay a skills development levy which amounts to 1, 5 per cent of the business’s wage bill. The levy amount is the total amount of remuneration payable by you as the employer to your employees during any month. This amount is determined according to Schedule 4 of the Income Tax Act 58 of 1962.

  17. The South African Skills Development Levies Framework SARS pays 20% to National Skills fund- unrecoverable Employer Pays levy to SARS SARS pays 80% to SETA Maximum 10% Of original levy Used for admin cost (unrecoverable by employer) Minimum 70% of levy's are made available for employers to reclaim through grants

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