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Basic Labour Relations

 

 

 Full Day Workshop

 

 SA Labour Guide is an accredited training Provider with SABPP

 

 

29 July 2021 (09:00 - 16:00) Interactive Online Course (Fully Booked)

25 August 2021 (09:00 - 16:00) Interactive Online Course

 

 

 

Online booking form

 

 

  Click here to download registration forms for 25 August 2021 (09:00 - 16:00) Interactive Online Course

 

 

 

Module 1: General

  • Insubordination

  • Job Descriptions & Extra duties

  • Absenteeism & Medical certificates

  • Smoking in the workplace

 

Module 2 – The Code of Good Practice on Dismissal

  • Schedule 8: The Code of Good Practice on dismissals

  • Fair reasons for dismissal

  • Automatic unfair dismissals

  • Standard of conduct

  • Progressive discipline

  • Dismissals for misconduct

  • Fair procedure

  • Disciplinary records

  • Dismissals and industrial action

  • Probation

  • Incapacity: Poor work performance

  • Incapacity: Ill health or injury

 

Module 3 – Misconduct and the Disciplinary Code

  • The importance of investigating allegations of misconduct in the workplace – or outside the workplace

  • Offences and the Disciplinary Code

  • Timekeeping offences

  • Negligence, loss or damage to, or misuse of the employer's property

  • Insubordination or disorderly or unacceptable behaviour

  • Sexual harassment

  • Disorderly behaviour

  • Alcohol and drugs

  • Other Offences

  • Other Serious Offences

  • Disciplinary Code and Procedures

  • Disciplinary Sanctions – Warnings

  • Verbal Warnings

  • Written warning

  • Example of written warning

  • Final written warning

  • Disciplinary procedures

  • Minor transgressions

  • Distinguishing misconduct from poor work performance

  • Some examples of misconduct

  • Exactly who is a trade union representative?

  • Employee Representation

  • Resignation before Disciplinary action

  • Grievance Procedure

  • Unfair labour practice

  • Automatically unfair dismissals (incorporating the 2014 amendments)

 

Module 4: The Disciplinary Hearing

 

Module 5 – The Contract of Employment

  • The Importance of the Employment Contract

  • The contract of permanent employment

  • The Fixed Term Contract of Employment in terms of section 198B of the amendment Act

  • Expectation of indefinite employment in terms of the amended Act

  • The project contract of employment

  • The contract of probationary employment

 

Module 6 – The use of Temporary Employment Service providers in terms of sesection 198 of the amended Act

 

Module 7 – Trade Unions and Shop Stewards Overview

 

Module 8 – CCMA Overview

  • What is the CCMA?

  • Dispute Referral

  • Conciliation / arbitration

  • Representation at conciliation and arbitration (incorporating the amended CCMA rules)

  • Failure to appear or be properly represented at conciliation

  • The Certificate of Settlement

  • Con / Arb

  • Preparing for Conciliation

  • Arbitration

  • Pre-dismissal Arbitration

 

Module 9: Basic Conditions of Employment

  • Earnings Threshold

  • The Regulation of Working Time

  • Hours of Work and Overtime

  • Section 9: Ordinary hours of work

  • Section 10: Overtime

  • Section 14: Meal Intervals

  • Section 16 & section 18

  • Remuneration for Sunday and public holiday work

  • Section 20: Annual leave

  • Annual leave and termination of employment

  • The accumulation of annual leave

  • Section 22: Sick leave

  • Section 25: Maternity leave

  • Parental Leave effective from 01 January 2020

  • Section: 27 Family responsibility leave

  • Religious holidays

  • Study leave for examination or study purposes

 

Module 10: CCMA Information Sheets

  • Constructive Dismissal

  • Desertion

  • Disciplinary Procedures

  • Drunkenness on Duty

  • Employee v Independent Contractor

  • Harassment

  • Ill Health or Injury

  • Misconduct

  • Poor Work Performance

  • Polygraph Testing

  • Retrenchment

  • Sectoral Determinations

  • Unfair Dismissals and Unfair Labour Practices

  • Unilateral Changes

 

Objective

The objective of this workshop is to give an overview of labour relations and labour law. After completion of the workshop the delegates should have a better understanding of the Basic Conditions of Employment Act as well as the labour relation Act, including relevant regulations and codes of good practice.    

 

Who should benefit from attending this workshop?

People dealing with issues such as: personnel discipline, the day to day handling of personnel, personnel clerks and supervisors.

 

Important  

Labour Guide has received a number of requests to present a basic course in labour relations. Please note that this is a general course and will therefore be presented in a manner to make it understandable for all delegates, this is not an advanced course.

 

Price:  

  • R 2290-00 (incl. Vat) per delegate

  • Price include course material, certificates of attendance, legislation.

 

For further information contact:

                                                                   

 

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at jand@labourguide.co.za

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

The OHS Act and the Responsibilities of Management

29 July 2021 (08:30 – 16:00)

Interactive Online Course

Basic Labour Relations

29 July 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

25 August 2021 (09:00 - 16:00)

Interactive Online Course

Employment Equity Committee Training

26 August 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

26 August 2021 (08:30 - 16:00)

Interactive Online Course

POPIA: Protection of Personal Information Act

27 August 2021 (09:00 - 12:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

27 August 2021 (08:30 - 16:00)

Interactive Online Course

 

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