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Forcing changes to employment T’s&C’s could land you in court

You might find yourself in the situation of needing to change employment terms and conditions because, for example, new technology may result in changes to working hours and in today's world of rapid economic change, this is commonplace. However, many employers have no idea about how to make the necessary changes. Labour law severely restricts your right to make such changes without the employees' consent so you need to know what you're legally allowed to do.


How do you work out a ‘calendar month’ in an employment contract?

Section 37(1)(c)(i) of the Basic Conditions of Employment Act No. 75 of 1997 (BCEA) stipulates the minimum notice period that an employee, who has been employed for one year or more, as 'four weeks'. This seems clear and not too hard to interpret or include in an employment contract. However, sometimes employers use the word 'month' while others use the term 'calendar month' to regulate this notice period. The Labour Court found itself having to interpret the meaning of 'calendar month' in a recent case.


When does a job applicant become an employee?

You can be an employee before you start work!

Section 6 of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating against applicants for employment. In other words, a prospective employer may not turn down a job candidate's application for arbitrary reasons, such as age, gender, race and disability. Disqualifying job applicants must be done on objective grounds relating to the job's operational requirements, such as necessary qualifications and experience.


BCEA: What salary deductions can you make from your employees’ salaries?


Section 34 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) regulates salary deductions that an employer can make. The general rule is that a written agreement is required from an employee before any salary deduction is made. However, sometimes you don't need this.


How to update your workplace rules and employment conditions for 2013/2014

You need to know that labour law is doesn’t exist in the statutes alone. Our labour legislation deals largely with broad legal principles but are, in many areas, sorely lacking when it comes to detail.