Workplace Compliance Inspections Include Summaries of Employment Acts
When the Department of Employment and Labour do compliance inspections in workplaces they always ask to see where the summaries of employment legislation are displayed.
The following summaries need to be available:
• Summary of the The Basic Conditions of Employment Act
• Summary of The Employment Equity Act
• Summary of The Occupational Health and Safety Act
• Prescribed Health and Safety Notices (if your workplace requires it)
These posters are freely available, a quick Google search can show you where to buy them online at the cheapest prices. They also do not need to be replaced annually. The only time that they should be replaced is when there are legislative amendments.
Beware of companies phoning you to pressure you into buying these posters from them on an annual basis and at vastly inflated prices.
Negotia offers outsourced HR and labour relations services to help businesses manage any issues efficiently.
Contact us today or visit our website to explore how we can support your business.
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Disclaimer: The information provided in this content is intended to offer a broad overview. For a more detailed explanation tailored to your specific situation, please contact Negotia Labour Relations Practitioners directly. Each case is unique and may require personalized advice.
CAN MY EMPLOYER DO THIS?
Question: I am an employee with a company. My employer now wants to force me to belong to a medical aid scheme of his choice. Can he do this?
Answer: In short, yes, he can. However, this needs to be written into a contract of employment. If it was not part of the initial agreement, there should have been some form of consultation and information sharing before amending the terms and conditions of your employment.
Because it is so expensive, many employees may opt to not be covered by a medical aid scheme, but the benefits of medical cover outweigh the costs in the end.
As an employee, you may be offered an option to belong to a company medical aid scheme that is restricted in the sense that eligibility for membership is only open to employees of that company/industry. More often, individual employers negotiate membership to medical aid schemes with the scheme itself.
As an employee, you need to be aware that your employer has several options on how to structure the employer subsidy. The employer can choose to cover a portion of the employees’ monthly contributions to a medical aid scheme. The employer has the right to restrict this to a specific scheme, thus forcing his employees to join a particular scheme. This will most often be useful in helping to negotiate monthly premiums and percentage contributions. You also need to know that it is the employer’s prerogative as to how much to pay towards such contributions. This typically ranges between 30% and 66%. Whatever the subsidy rate is, you, as the employee, will still be responsible to settle the full amount of the monthly premium.
It can be assumed that this will be offered to you, the employee, as a cost to company agreement. In such an agreement, your employer offers to pay a portion of your medical aid contribution, the amount or percentage of which is negotiated in your contract of employment.
Negotia offers outsourced HR and labour relations services to help businesses manage these issues efficiently.
Contact us today or visit our website to explore how we can support your company.
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Disclaimer: The information provided in this content is intended to offer a broad overview. For a more detailed explanation tailored to your specific situation, please contact Negotia Labour Relations Practitioners directly. Each case is unique and may require personalized advice.
TERMINATION OF EMPLOYMENT
Termination of employment involves specific procedures and obligations, including notice periods based on length of service, written notice requirements, payment for unused leave and overtime, and the issuance of a comprehensive certificate of service.
The length of employment determines the notice period:
• Where an employee has worked for six months or less, one week’s notice is required
• Where an employee has worked for more than six months, but less than one year, two weeks’ notice is required
• Where an employee has worked for 12 months or more, four weeks’ notice is required.
Notice must be given in writing and may not be given during the taking of leave.
The employer must pay for time off accumulated but not taken (pro-rata annual leave, overtime worked, etc.).
The employer must give the employee a certificate of service which states:
• The employee’s full name and surname
• The name and address of the employer
• A description of a council or sectoral determination, where applicable
• Date of commencement of employment as well as the termination date
• Title of the employee’s job, or a brief description of work done
• Remuneration at the date of termination; and
• The reason for termination (only if the employee requests this)
All employees are entitled to a certificate of service, irrespective of the reason for the termination of service.
Negotia offers outsourced HR and labour relations services to help businesses manage these issues efficiently.
Contact us today or visit our website to explore how we can support your company.
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Disclaimer: The information provided in this content is intended to offer a broad overview. For a more detailed explanation tailored to your specific situation, please contact Negotia Labour Relations Practitioners directly. Each case is unique and may require personalized advice.
Simplify Your WSP/ATR and Employment Equity Submissions with Negotia
If your company’s annual payroll exceeds R500 000, you’re required to pay Skills Development Levies (SDL). But did you know that with accurate reporting, you can benefit from this expense?
Negotia Labour Practitioners specializes in:
✅ Workplace Skills Plan (WSP) and Annual Training Report (ATR) Submissions – We handle the entire submission process, helping you comply with SETA requirements. Our detailed reports also support your BEE scoring.
✅ Discretionary Grant Applications – We assist with applications for Learnerships, Bursaries, Apprenticeships, RPL, and Skills Programs, maximizing the benefits of your SDL contributions.
✅ Employment Equity Compliance – From compiling reports (EEA2, EEA4, EEA13, EEA12) to providing all necessary templates and guidance during EE meetings, we ensure full compliance with the Employment Equity Act.
Focus on growing your business while we manage the compliance details. Contact Negotia Labour Practitioners today!
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Insubordination in the workplace
Insubordination in the workplace is a challenge that many employers face. But what does insubordination mean and how do we manage it in the workplace?
Insubordination occurs when an employee deliberately disobeys a reasonable and lawful instruction from their employer. Insubordination in the workplace undermines the authority of the employer and creates an environment that is difficult to work in.
Some examples of acts of insubordination:
• Refusing to complete a task
• Not showing up for work
• Leaving early without notice or permission
• Disrespect/ disrespectful language towards management (or authority figures)
• Sabotage of organisational activities
How to handle insubordination in the workplace:
• Document any instances of insubordination with dates, times and details of what happened.
• Before making a rash and unfair dismissal, engage in conversation with the employee and discuss what happened and what the cause might have been for their behaviour.
• If disciplinary action is necessary, follow a fair procedure. Adhere to the principles of procedural fairness and ensure that you implement progressive discipline.
Insubordination does not have to become a major issue in your organisation. By fostering mutual respect and understanding, an organisation can thrive and remain fair and productive.
What’s your take on managing insubordination? Share your thoughts below!
📞 Call us at 083 556 0321
📧 Email us at carina@negotia.co.za
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Thank you to Nicole Nagel for this information.
WRITTEN PARTICULARS OF EMPLOYMENT
According to section 29 of the Basic Conditions of Employment Act, an employer is required to provide an employee with written particulars of employment, except where the employee works less than 24 hours per month. The employer must ensure that the contents are understandable to the employee.
The following information needs to be supplied:
• Full name and address of the employer
• Name of the employee
• The employee’s job or a short job description
• The place of work
• The date on which the employee started work
• The days and hours of work
REMUNERATION:
When paying an employee, it is required that the employer provide the following information, usually on a payslip:
• The employer’s name and address
• The employee’s name and occupation
• The period of which payment is made
• Wages or rate of payment
• Method of payment
• Payment for overtime, if applicable
• Any other payments in cash
• Any payments in kind and the value thereof
• The actual amount payable to the employee (nett salary)
• Ordinary hours worked and overtime worked during the same period of payment
• When the employee will be paid
LEAVE:
The leave to which the employee is entitled:
• Annual or holiday leave
• Sick leave
• Family responsibility leave
• Maternity leave
• Parental leave
• Any other types of leave that may be applicable
NOTICE PERIODS:
The period of notice required to termination employment.
If it is a fixed-term contract, the date when employment is to termination.
OTHER:
• A description of any council or sectoral determination, which covers the employer’s business and may be applicable.
• Periods of previous employment that counts towards the employee’s period of employment, if applicable.
• A list of any other documents that form part of the contract of employment, indicating a place that is reasonable accessible to the employee where a copy of each may be obtained.
Negotia offers outsourced HR and labour relations services to help businesses manage these issues efficiently.
Contact us today or visit our website to explore how we can support your company.
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Disclaimer: The information provided in this content is intended to offer a broad overview. For a more detailed explanation tailored to your specific situation, please contact Negotia Labour Relations Practitioners directly. Each case is unique and may require personalized advice.
Why should I, as a business owner consider outsourcing my HR in 2025?
This is a question that I get asked regularly. In my experience, I have found that when a business outsources their Human Resources function, it delivers true cost savings and efficiency, especially for small to medium sized companies. At Negotia Labour Practitioners, our focused systems help employers mitigate risks, improve efficiency and control costs, which gives you, as the business owner, more time to work on increasing your bottom line.
Unlike traditional HR consulting companies, our greatest pride lies in providing a tailored customer orientated approach. In addition, we pride ourselves in the efficiency and speed in which we execute tasks by applying our extensive industry knowledge and passion for human resources in pro-actively managing all facets of people management at an affordable part-time rate, but with full-time dedication. We have experts on topics such as industrial relations, performance management, developing and implementing policies and procedures, payroll, and other best HR practices to ensure a one-stop HR specialist service available to our clients.
We can manage all aspects of day-to-day employment and human resources issues, freeing management time up to focus on their core business activities. Our clients do not only enjoy all of the benefits of having a competent, professional team working for them, without having to pay for a group of full-time employees but find that outsourcing their HR dramatically improves the quality and the efficiency of many of the functions previously taken care of in-house. We support our clients with HR management at a fraction of the traditional cost by providing management with a custom service that is flexible and has the expertise to support your company’s HR needs.
ADVANTAGES OF CONTACTING US TODAY:
• Continuous improvement in our service delivery: we continually monitor our performance by soliciting client feedback. In addition, we constantly seek ways to improve our operations and client deliverables based on industry standards.
• Non-negotiable customer service: we constantly remind ourselves of the importance of providing impeccable client service. If we can impress every client every chance we get, then they win and so do we. We are there to support our clients and make their lives easier and therefore this is not negotiable.
• HR compliance audit: our traditional starting point is a detailed HR compliance audit. This audit enables you to make an informed decision on your need for HR assistance, which is a comprehensive method or means to review your current human resources policies, procedures, documentation and systems to identify needs for improvement and enhancement of the HR function as well as to ensure compliance with ever-changing rules and regulations. Our HR audit involves systematically reviewing all aspects of human resources, usually in a checklist fashion.
Written by Carina Linde - Ready to elevate your business? Contact Negotia today!
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Stay Ahead of the Game: Why Compliance Audits Are Essential for Your Workplace
Compliance audits in the workplace are important to ensure that you are compliant with Occupational Health and Safety regulations as well as labour regulations. Why should you consider conducting such an audit?
Legal compliance: compliance audits provide employers with a clear view of where they stand and what needs to be adjusted in the workplace. Compliance audits help employers to avoid legal penalties, fines and reputational damage that could come from non-compliance.
Risk mitigation: compliance audits identify any potential hazards in the workplace and can will aid in preventing any incidents in the workplace and will also improve safety standards. Identifying weaknesses in the workplace and promoting proactive measures, compliance audits also foster an enhanced safety culture among employees.
Improved productivity: a safer and more compliant workplace lead to happier employees and fewer disruptions, reduced absenteeism and better overall productivity for an organisation.
Safety audits and labour compliance audits are essential for building sustainable, safe ad legally compliant workplace. For assistance on conducting an audit and ensuring full compliance, contact Negotia today!
At Negotia, we empower employers to effectively handle human resources and labour relations in their workplace. We assist businesses with compliance audits to ensure they meet legal requirements, improve safety standards, and foster a productive working environment.
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𝗡𝗮𝘃𝗶𝗴𝗮𝘁𝗶𝗻𝗴 𝗥𝗲𝘁𝗿𝗲𝗻𝗰𝗵𝗺𝗲𝗻𝘁𝘀 𝗶𝗻 𝗦𝗼𝘂𝘁𝗵 𝗔𝗳𝗿𝗶𝗰𝗮: 𝗪𝗵𝗮𝘁 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗮𝗻𝗱 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 𝗡𝗲𝗲𝗱 𝘁𝗼 𝗞𝗻𝗼𝘄
Written by Nicole Nagel
Retrenchments remain a challenging aspect of the employment landscape in South Africa. Retrenchments are no-fault dismissals that are usually implemented as a last resort when employers face economic, structural or technological pressures that lead to unavoidable workforce reductions.
Even though the procedure is sometimes inevitable, it is strictly regulated to maintain fairness and mitigate harm to the employees. Understanding the intricacies of the process is essential for both employers and employees. So, what do you need to know about retrenchments?
Employer duties: Employers must consult with employees (or their representatives) as soon as the possibility of retrenchments arise. During consultations, alternatives to the retrenchment, severance packages and selection criteria need to be discussed.
Severance package: Retrenched employees are entitled to at least one week of severance pay per completed year of service. Additionally, they may receive notice pay and payment for unused leave.
Timeframe: Employers need to follow the prescribed timeframes and complete consultations. Employers cannot make any immediate dismissal decisions.
Selection Criteria: Fair and objective criteria (e.g., last-in-first-out or performance-based) must be used for selecting employees that will be retrenched.
Employee Rights: Retrenched employees may challenge unfair processes or discrimination by referring such dismissals to the CCMA.
For any assistance and advice on the retrenchment process, contact Negotia!
At Negotia, we empower employers to effectively handle human resources and labour relations in their workplace.
Call us today or visit our website for a list of our outsourced HR and labour relations services.
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MY EMPLOYER OWES ME MONEY…WHAT CAN I DO?
It happens sometimes that when employees are dismissed or retrenched or when they resign, they fail to receive their final remuneration due to them. When this happens, they are not without recourse. Employees who have not received their final payments have one of two options to resolve the matter.
Option 1: Report a complaint to a Labour Centre of the Department of Employment and Labour.
This option is available to employees who earn less than the BCEA earnings threshold. The Department will then appoint an inspector to investigate the complaint. If there is merit in the complaint, they will issue a compliance order to compel the employer to pay the unpaid salary.
Option 2: Refer a dispute to the CCMA.
The CCMA has jurisdiction in terms of section 73A (4) and (5) of the BCEA to deal with unpaid salary disputes involving employees who earn less than the BCEA earnings threshold. The CCMA will deal with such disputes through conciliation and arbitration, if necessary.
Employers, take a proactive approach to workplace disputes.
Negotia offers outsourced HR and labour relations services to help businesses manage these issues efficiently.
Contact us today or visit our website to explore how we can support your company.
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Disclaimer: The information provided in this content is intended to offer a broad overview. For a more detailed explanation tailored to your specific situation, please contact Negotia Labour Relations Practitioners directly. Each case is unique and may require personalized advice.
SHOULD AN EMPLOYEE DISCLOSE MISCONDUCT AT A PREVIOUS EMPLOYER?
It was recently reported on News24 that a top private school fired their sports coordinator for failing to disclose a dismissal for misconduct at another school.
The coordinator was facing several charges of misconduct at his previous employer (also a private school), but resigned before the hearing was held.
The school continued with the hearing in his absence, and he was found guilty of, among others, sexual harassment, assault, inappropriate behaviour in the presence of pupils during cricket practice, and general inappropriate conduct towards pupils.
The individual did not reveal this information to his next employer and when they found out the institution suspended him, and he was subsequently charged for non-disclosure of his previous misconduct.
The individual was subsequently dismissed after a hearing.
In South Africa, an employee is not legally obligated to disclose a previous disciplinary record to a new employer unless specifically asked.
The duty to disclose such information generally arises only if the new employer directly enquires about the employee’s disciplinary history during the recruitment process.
However, if an employee is asked about their previous disciplinary record and knowingly provides false or misleading information, this could lead to dismissal if discovered later.
Additionally, certain industries or professional roles may have stricter regulations or codes of conduct that require full disclosure of disciplinary histories.
Employers may also conduct background checks, which can include verifying an employee's previous employment and disciplinary records, provided they have the employee's consent.
Ultimately, while there's no general duty to disclose proactively, honesty in the hiring process is important to avoid future complications.
Ensure your hiring process is legally compliant and protects your business.
Contact Negotia Labour Relations Practitioners for expert assistance with employee vetting, background checks, and outsourced HR services tailored to your business.
All you need to know about Employment Equity Submissions (South Africa)
The purpose of the Employment Equity Act, 55 of 1998, is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure equitable representation in all occupational categories and levels in the workplace.
𝗧𝗵𝗲 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿’𝘀 𝗿𝗲𝘀𝗽𝗼𝗻𝘀𝗶𝗯𝗶𝗹𝗶𝘁𝘆 𝗶𝗻 𝘁𝗲𝗿𝗺𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗘𝗺𝗽𝗹𝗼𝘆𝗺𝗲𝗻𝘁 𝗘𝗾𝘂𝗶𝘁𝘆 𝗔𝗰𝘁:
A designated employer must prepare and implement an Employment Equity Plan to achieve employment equity, which must have the following:
- Objectives and timetables for each year of the employment equity plan;
- Include affirmative action measures in the EEA12 Qualitative Analysis;
- Have numerical targets and goals for achieving equitable representation,
- Have internal monitoring and evaluation procedures, including internal dispute resolution mechanisms, and
- Identify persons, including senior managers, to monitor and implement this plan
The designated employer has a legal duty to inform employees in terms of section 25 of the Employment Equity Act, and this information must be displayed at the workplace where it can be read by all employees informing them about the provisions of this Act.
𝗪𝗵𝗼 𝗶𝘀 𝗮 𝗱𝗲𝘀𝗶𝗴𝗻𝗮𝘁𝗲𝗱 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿?
A designated employer is an employer who employs more than 50 employees, or who, for various reasons, voluntarily wants to report on employment equity, or who exceeds the annual threshold (industry specific).
𝗥𝗲𝗽𝗼𝗿𝘁𝗶𝗻𝗴:
In terms of section 21 of the Employment Equity Act, a designated employer must submit the EEA2 and EEA4 reports to the Director-General annually on the 15th January. Reporting periods opened on 01 September.
We at Negotia can assist employers with:
- Registrations of newly designated employers
- Organisational change submissions
- Deregistration of designated employers who no longer needs to report
- Drawing up of employment equity plans
- Completion of online or manual submissions
- Any other employment equity related needs
At Negotia, we empower employers to effectively handle human resources and labour relations in their workplace. Call us today or visit our website for a list of HR services.
THE ROLE OF THE DEPARTMENT OF EMPLOYMENT AND LABOUR
Chapter 10 of the BCEA confers certain functions to labour inspectors.
Labour inspectors are expected to:
• Advise employees and employers of their rights and obligations in terms of employment law
• Conduct inspections in terms of the BCEA
• Investigate complaints made to a labour inspector
• Endeavour to secure compliance with employment law by securing undertakings or issuing compliance orders
• Perform any other prescribed function
A labour inspector has the power, without warrant or notice, to enter any workplace (excluding a domestic household) at any reasonable time in order to monitor and enforce compliance with the BCEA. A labour inspector may question a person on any employment law matter and require disclosure of information, as well as inspect certain documents or records.
Negotia offers outsourced HR and labour relations services to help businesses manage these issues efficiently.
Contact us today or visit our website to explore how we can support your company.
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HR consultants | Compliance specialists | HR Solutions
Negotia Labour Relations offers a broad range of services tailored for employers to manage labour relations, HR, and compliance effectively. Their comprehensive offerings include:
1. Labour Relations Services
- Negotiations with trade unions, wage agreements, and recognition agreements.
- Coordination and presiding over disciplinary hearings and poor work performance reviews.
- Retrenchment processes and grievance management.
- Industrial action management, including strike and picketing rules.
2. Dispute Resolution
- Facilitation of conciliation, mediation, and arbitration processes at the CCMA and Bargaining Councils.
3. Human Resource Services
- Employee contracts and compliance with HR policies and procedures.
- Implementation of policies, including disciplinary codes and grievance procedures.
- Development of cultural diversity and affirmative action policies.
4. Employment Equity and Compliance
- Facilitating employment equity consultations and drafting reports.
- Compliance with the Department of Labour regulations.
5. Skills Development Facilitation
- Preparation and submission of Workplace Skills Plans and Annual Training Reports.
- Guidance on training implementation and quality assurance with relevant SETAs.
6. Payroll Services
- Payroll setup and processing for various pay periods.
- Management of tax returns, salary reports, and SARS compliance.
- Handling employee benefits such as medical aid and pensions.
7. Workshops and Training
- Employee workshops on workplace discipline, sexual harassment, and grievance procedures.
- Strategies for managing workplace disputes and fostering harmonious relationships.
8. Policy Development and Business Correspondence
- Drafting employment contracts and business-specific HR policies.
- Creating correspondence related to HR and labour matters.
These services aim to empower employers to maintain legal compliance, foster workplace harmony, and enhance HR operations.
HR & Workplace Support for Schools & Churches
Schools and churches are built on people, and ensuring the right HR and compliance structures are in place is key to running smoothly. But employment challenges, from staff contracts to dispute resolution, can quickly become overwhelming.
At Negotia Labour Practitioners, we’ve helped local schools and faith-based organisations manage:
✔ Employment contracts, workplace policies, and fair disciplinary processes
✔ Payroll, compliance, and HR registrations to keep operations on track
✔ Mediation, dispute resolution, and CCMA representation when challenges arise
✔ Policy development tailored to education and faith-based workplaces
With local experience and a practical, people-first approach, we help schools and churches stay compliant, avoid legal risks, and focus on their mission.
Need guidance on staffing, HR, or compliance? Let’s chat.
📞 Call us at 083 556 0321
📧 Email us at carina@negotia.co.za
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