SA Employment Law Statutes……Are you compliant?
Who would have thought that an organisation’s Labour Force, it’s most valued asset, is also its biggest risk?
All things being equal, Labour Forces carry out the work that feeds the positive bottom line of an organisation. How many organisations mitigate the risk attached to their most valuable asset which incidentally is also one of its greatest expenses? Those who haven’t may very well find themselves in hot water.
It is heartening to note that SA is within the top 10 countries with the most effective and stringent Labour Laws. As positive as this is for employees, it presents its own kind risks to companies and business owners.
Making a success of a company is difficult enough, and not crossing all your T’s and dotting your I’s with regards to labour issues, will make it just so much more challenging.
Take a trip to the CCMA for a few hours. You will notice that companies who are there for conciliation or arbitration, choose to settle the case on hand to get rid of the bother. The other choice is pushing through to the end and after many hours at the CCMA land up with a negative outcome, be it logically and legally correct or not.
So how do we prevent this from taking place? It is quite simple.
The following primary employment law statutes of South African Law should be implemented:
- Basic conditions of Employment
2. Labour relations Act
3. Occupational Health & Safety Act
4. Employment Equity Act
5. Skills Development Act
6. Unemployment Insurance Act
7. Compensation for Occupational Injuries and Diseases (COIDA).
Each of the elements of the statutes have their own subsections which must be complied to. This makes it more time consuming and strenuous, but compliance to these Acts, once properly implemented, will save hours of frustration and consultations with various parties when a dispute arises.
Your labour force will also be more positive knowing their rights are acknowledged by the company and will think twice before referring a dispute which is of little or no consequence. Your company’s HR department or Consultant should ensure compliance to these employment statutes with updates on amendments when they occur. Unfortunately, the Acts are not written in such a way that the man on the street can understand them with ease, but once they are implemented, life is just so much easier and time can be spent on more important issues to develop the business.
Keep in mind non-compliance can carry a steep penalty, and once you are on the Department of Labour’s radar, you will be watched constantly.
Let’s become compliant!
by Michelle of Best Practice Solutions (Pty) Ltd