With ever changing and advancing technological developments that have been made readily available to the public, employers are increasingly confronted with secret audio recordings being submitted as evidence. Technology has made it easy to capture audio recordings with small and easily concealable devices, an iPod or smartphone can record lengthy discussions without detection. This trend of behaviour can be expected given South Africa’s current socio-economic climate, which has heightened the importance of job security for many South Africans.
A protected disclosure refers to a disclosure pertaining to information regarding an impropriety, made to a designated party according to the scheme established by the Protected Disclosures Act. Presidentially assented on 7 August 2000, and effected in February 2001, the prescriptions of the act applies to any party engaged in an employer-employee relationship.
It encourages employees to raise concerns about improprieties in the workplace and seeks to ensure that employers respond by tackling the content of the disclosure, as opposed to the discloser of the content, or merely sweeping the impropriety under the rug in hopes that it shall act as an invisibility cloak.
Official confirmation was received that any employer that belongs to the MEIBC and that currently deducts Collective Bargaining Levies (CBL) from their employees, must immediately stop deducting same. Also, any CBL payments made to employees must stop with immediate effect.
MEIBC and MIBFA are currently inundated with requests for refunds, therefore they are requesting employers not to contact them directly but rather to follow the prescribed process to claim monies back. Forms can be obtained from any MEIBC or MIBFA office. For your convenience we are attaching above-mentioned forms.
We have received confirmation that the chemical sector union, CEPPWAWU, will embark on a protected strike on Thursday, 28 July 2016 at 06:00.
This strike will effect refineries, depots and insourced truck drivers. Petrol stations might also be effected.
Often employees are asked to work on public holidays, whether it be by specific arrangement or by virtue of a rotating shift system. Section 18 (1) of the BCEA makes specific provision for such arrangements if the employee consents to working on the public holiday. It may happen that after an agreement to work on a public holiday has been concluded, the employee falls ill or is injured and is no longer able to work as agreed. For all intents and purposes the agreement to work on the public holiday renders that day an ordinary working day. The employee is accordingly entitled to submit a medical certificate towards a claim of paid sick leave.
MARCH 2015 LABOURNET NEWSLETTER
How the first quarter of 2015 has flown by! We do trust that so far it has been a good one for you and your organisation.
By now the fun and festivities of the December holidays have faded into the distance and what lies ahead is tax year end procedures and recons, tax certificates, EMP501’s and the like – fun stuff !
Nevertheless all of this is part of our profession so we simply have to get on with it.
With the recent budget speech and all the very important changes that need to be implemented in our organisations to ensure compliance, it is not uncommon for Employers to feel a little overwhelmed at this time, particularly with the fact that some of us will have to pay in a bit more tax this year. We trust that this Newsletter will provide you with a quick reminder and checklist of all the items you need to take note of to kick start the new tax year.
Given the highly publicised shortfall in income VS expenditure anticipated by the National Treasury this year the spotlight has definitely shifted to further enforce compliance by individuals and Employers across the board. There will be greater emphasis on collecting outstanding taxes and penalties via the AA88’s process by pressuring Employers to ensure that these are dealt with accurately and timeously, so watch this space. The end goal being - the collection of more taxes!!
Finally, we would like to once again wish you all the best for the 2015 year and remind you that should you need us through this stressful time we are only a phone call (or email) away
Join Rob Nowicki and LexisNexis for the 2015 Payroll Managers’ Tax Year End Seminar running from 9 - 20 March 2015. Will tax collections be a key priority for SARS in 2015, and if so are you ready?
The 2015 Payroll Managers Tax Year end seminar is designed to prepare you, in a quick and simple manner, for that dreaded tax year end, and most importantly, to get you ready for the new tax year.
Presenter Rob Nowicki has vast practical experience in the payroll industry and has been actively involved in developing and managing Payroll, HR and Tax Systems for over thirty years, both locally and internationally.
COMMENCEMENT OF THE LABOUR RELATIONS ACT AMENDMENT, 2014: HOW DOES IT IMPACT YOUR COMPANY?
After much uncertainty and debate on whether the amendments to the Labour Relations Act will ever be effective, the President of the Republic of South Africa, Jacob Gedleyihlekisa Zuma, has finally published the effective date of the said Act.
On the 24th November 2014, the Minister of Labour, Mildred Oliphant, in terms of Section 56(1) of the Basic Conditions of Employment Act, amended Sectoral Determination 7: Domestic Worker Sector.
The new minimum wage, which will be effective as of the 1st December 2014, is as follows:
It was recently announced that the proposed changes regarding how contributions to and how pay outs from RA’s, Provident Funds and Pension Funds will be standardised taxed in future, as well as the proposed increase in annual contribution limits, have been put on hold potentially until March 2017. This is a great pity as the proposed changes were certainly going to be of great benefit to everyone, especially to the lower income earners who want to put more away for their retirement. National Treasury recently put out a press release about this but it offered very little detail. Industry was taken by surprise on this “about turn”, but we must assume that National Treasury have valid reasons for this last minute change. This will most certainly be a topic we will cover in our March 2015 seminars.
Whilst we were all waiting in anticipation for the effective date of the new Labour Relations Act, the amendments to the Basic Condition of Employment Act were sign into law with the effective date being 1 September 2014.
We are still awaiting the effective date of the LRA and we will inform you as soon as a date is declared. All companies will have a three month grace period in which to ensure that they comply with the new amendments.
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- How the 2013 Budget Affects Payroll
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- The Continuous Risk Assessment Process
- Employing People With Disabilities