Dear All,
Over the past few months, there has been a lot in the news on how the government will be cracking down on the employment of foreign nationals who do not hold the required work permits.
In addition, two amendment Bills are circulating which seek to regulate the employment of foreign nationals and the employment equity targets which have to be established by certain sector employers, , namely the:
EMPLOYMENT EQUITY AMENDMENT BILL, 2020
G 43535 GoN 798- 20 Juy 2020
EMPLOYMENT AMENDMENT SERVICES BILL 2022
45962 gon1801.pdf Comment by: Tuesday, May 31, 2022.
The Department of Labour, in support of the above policy decisions, and related intentions has over the past week visited a number of Organizations in order to assess their compliance levels with our labour and health and safety laws.
Compliance with these laws has been found to be lacking.
So, a word of caution, don’t find yourself on the wrong end of the law- like Takealot- the well-known Online retail company who according to news reports is not complying with the Occupational Health and Safety Act at its warehouse in Kempton Park, Gauteng, where
the DOL inspection and enforcement services inspectors noted that many parts of the facility posed a danger to workers. In addition, it was also noted that many of the employees were foreign nationals who did not hold the correct work permits.
Our library and legal team compliance portal houses a variety of self-assessment checklists and compliance tools which we recommend you revisit and look at, which will give you the required compliance assurances in relation to the above laws, including the:
BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997.
Houses all the sections of the Act
EMPLOYMENT EQUITY ACT 55 OF 1998.
Employment Equity
EMPLOYMENT SERVICES ACT 4 OF 2014
Provides for the registration of Private Employment Agencies and also regulates the employment of foreign nationals
EMPLOYMENT TAX INCENTIVE ACT, 26 OF 2013
The Act provides for an employment tax incentives in the form of an amount by which employees’ tax may be reduced; to allow for a claim and payment of an amount where employees’ tax cannot be reduced;
LABOUR RELATIONS ACT 66 OF 1995.
Regulates Labour Relations
NATIONAL MINIMUM WAGE ACT, 9 OF 2018
Regulates minimum wages
PROMOTION OF EQUALITY AND UNFAIR DISCRIMINATION ACT 4 OF 2000.
Discrimination
PROTECTED DISCLOSURES ACT 26 OF 2000.
Whistle Blowing
PROTECTION FROM HARASSMENT ACT 17 OF 2011
Protection against Harassment
SKILLS DEVELOPMENT ACT 97 OF 1998.
Development of employees
SKILLS DEVELOPMENT LEVIES ACT 9 OF 1999.
Skills Levies
UNEMPLOYMENT INSURANCE ACT 63 OF 2001.
UIF Benefits
UNEMPLOYMENT INSURANCE CONTRIBUTIONS ACT 4 OF 2002.
UIF Contributions
And the
OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993
Health and Safety
Please see the latest happenings for this week.
Alison and her great team.
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CASES
Children caught using cannabis will no longer be criminally prosecuted
Concourt rules sections of Drugs act unconstitutional. But ruling makes it clear that the court does not condone drug use by children. The Constitutional Court has ratified a High Court order declaring sections of the Drugs and Drug Trafficking Act as unconstitutional because it criminalises the use and possession of cannabis by a child. The court has suspended the order for 24 months to give Parliament time to finalise a legislative reform process.
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HEALTH AND SAFETY
Takealot failing to comply with health and safety regulations: department
Online retail company Takealot has not been complying with the Occupational Health and Safety Act at its warehouse in Kempton Park, Gauteng, the employment and labour department says. The department’s inspection and enforcement services inspectors found parts of the facility posed a danger to workers.
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ROADS
New by-law for digging up of roads in eThekwini
Residents in affected areas have complained of roads being dug up and left in this state for days or not being returned to their previous condition. The eThekwini Municipality plans to introduce a new by-law, aimed at fibre companies, to regulate the digging up of public roads.
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TOBACCO
New Tobacco Bill proposes strict regulations
Health Minister Joe Phaahla has tabled the Control of Tobacco Products & Electronic Delivery Systems Bill in Parliament, a move aimed at toughening anti-smoking laws and bringing previously uncontrolled devices such as electronic cigarettes into the regulatory fold. |
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