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How to Prepare for the New Labour Laws

How to Prepare for the New Labour Laws. Greig Whitton Founder, Evergrow. Paul Cooley Founder, Workplace Strategies. Webinar outline. Umbrella sectoral determinations Minimum remuneration increases Temporary employment service providers Deemed full-time employment

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How to Prepare for the New Labour Laws

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  1. How to Prepare for the New Labour Laws GreigWhitton Founder, Evergrow Paul Cooley Founder, Workplace Strategies

  2. Webinar outline • Umbrella sectoral determinations • Minimum remuneration increases • Temporary employment service providers • Deemed full-time employment • Full-time benefits for non-full-time employees • Re-definition of discrimination • Employment of foreign nationals

  3. Umbrella sectoral determinations • What does it involve? • The Minister of Labour may publish employment terms and conditions that bind all employers not already governed by an industry-specific sectoral determination

  4. Umbrella sectoral determinations • What should you do about it? • Factor unexpected employment cost increases into growth plans • Include an employment cost buffer when budgeting

  5. Minimum remuneration increases • What does it involve? • The Minister of Labour may publish minimum wage increases on top of base minimum wages

  6. Minimum remuneration increases • What should you do about it? • Determine whether any salaries exceeding minimum wage are necessary • Include an employment cost buffer when budgeting • Prepare a contingency plan for work performed by highly paid employees

  7. Temporary employment providers • What does it involve? • Legal proceedings, compliance orders, and arbitration awards may apply to both temporary employment service providers and their clients • Temporary employees contracted via a temporary employment service provider may be deemed to be employees of the client

  8. Temporary employment providers • What should you do about it? • Determine whether contracting temporary employment providers is still worthwhile • Ensure that any temporary employees only perform temporary work

  9. Deemed full-time employment • What does it involve? • Fixed-term employment must be justified in writing or be considered full-time

  10. Deemed full-time employment • What should you do about it? • Ensure that any fixed-term employment can be justified • Clearly specify the justification for any fixed-term employees in their contracts

  11. Full-time benefits • What does it involve? • Non-full-time employees must be treated no less favourably than full-time workers performing similar work (depending on their earnings and employment period)

  12. Full-time benefits • What should you do about it? • Identify whether any non-full-time employees will be entitled to full-time benefits • Plan and budget ahead to avoid unexpected employment costs

  13. Re-definition of discrimination • What does it involve? • The definition of “discrimination” will be extended to unequal pay for equal work, and any other arbitrary ground not otherwise listed in the Act

  14. Re-definition of discrimination • What should you do about it? • Scrutinise all employee management practices to ensure that any differential treatment won’t constitute discrimination

  15. Employment of foreign nationals • What does it involve? • Foreign nationals will be excluded as beneficiaries of affirmative action • You must use public employment services before employing foreign nationals

  16. Employment of foreign nationals • What should you do about it? • Calculate the impact of excluding foreign nationals from affirmative action quotas • Determine whether contracting foreign nationals is worth the potential hassle of using public employment services

  17. Need more help? • Evergrow forums • Evergrowlabour guides • Greig: 021 671 8225 • Paul: 076 299 7807

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