NCV 2 Management Practice Hands-On Support Slide Show - Module 3

Basic Legislation Management Practice – Level 2 Future Managers

After completing this Module, you will be able to: Identify the legislation that regulates employment issues. Demonstrate understanding of the main aspects of the Labour Relations Act. Demonstrate understanding of aspects of the Basic Conditions of Employment Act. Demonstrate understanding of the Skills Development Act and Skills Development Levies Act Basic Legislation Management Practice – Level 2 Future Managers

After completing this outcome, you will be able to: Name and retrieve the six main pieces of labour legislation. Explain who is covered by each Act. Explain the scope of each Act. Briefly explain how each Act is applied within a given context. Name and explain organisational human resource policies and procedures applicable in terms of current legislation 1. Identify the legislation that regulates employment issues Management Practice – Level 2 Future Managers

Labour law has to ensure the protection of employees, fairness in the workplace and maintenance of equity Provides the framework for freedom of association, freedom from victimisation and the right to engage in industrial action Purpose of Labour Laws Management Practice – Level 2 Future Managers

1.1 Name and retrieve the six pieces of labour legislation that regulate employment issues Management Practice – Level 2 Future Managers

The task of the whole group is to get a copy of each of the Acts mentioned. The following sources can be helpful in your search for the Acts: your nearest library department of labour the government press the internet (download) Read the legislation to get an idea of the broad content of each Act. Keep the legislation so that it can serve as a handy tool or guide whenever you want to know more or when you do research on a specific aspect of the legislation. Activity 3.1: Search – Labour Legislation Management Practice – Level 2 Future Managers

Instrumental in breaking down employment discrimination Includes diversity and transformation in the workplace A. The Employment Equity Act Management Practice – Level 2 Future Managers

Now that you know what employment equity is, divide into groups and have a further discussion about employment equity or inequity. List a few aspects, actions or examples of the past to illustrate the inequity in employment. Referring to your list of employment inequalities, decide if something had been done to solve the problem and write down how it was done. Activity 3.2 Employment Equity Management Practice – Level 2 Future Managers

The focus point of the act includes: Management Practice – Level 2 Future Managers

The major purpose of the Act is to achieve equity in the workplace by: promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce. Purpose and scope of the Act Management Practice – Level 2 Future Managers

the exercise of true democracy elimination of unfair discrimination in employment the implementation of employment equity to redress the effects of discrimination a diverse workforce broadly representative of our people economic development and efficiency in the workforce. Organisations must have a policy promoting: Management Practice – Level 2 Future Managers

Applies to all employees and employers except: members of the National Defence Force National Intelligence Agency South African Secret Service Unpaid charitable workers B. Basic Conditions of Employment Act Management Practice – Level 2 Future Managers

The Act has three primary objectives namely: To ensure that working conditions of unorganised and vulnerable workers meet minimum standards that are socially acceptable in relation to the level of development of the country To remove rigidities and inefficiencies from the regulation of minimum of conditions of employment and to promote flexibility. The working time of employees must be arranged so as not to endanger their health and safety, and with due regard to their family responsibilities. Purpose of the Act Management Practice – Level 2 Future Managers

Ordinary hours of work – 8 hour work day Overtime – 3 hours overtime in a day or 10 hours in a week Night work - work performed between 18h00 and 06h00 Meal intervals – interval of at least sixty (60) minutes after five hours Public holidays - normal wage for a public holiday that falls on a working day Annual leave - employees are entitled to three weeks fully paid leave after every twelve months of continuous employment Scope of the Act Management Practice – Level 2 Future Managers

Sick leave - employee is entitled to six weeks paid sick leave for every thirty-six months of continuous employment Maternity leave - a pregnant employee is entitled to four months maternity leave Family responsibility leave - an employee is entitled to three days paid family responsibility leave Payment of remuneration and deductions - payment may take place daily, weekly, fortnightly or monthly Termination of employment - notice must be given in writing Scope of the Act Management Practice – Level 2 Future Managers

The employer must: give the employee written particulars of employment when the employee starts employment keep the particulars of employment for four years after the end of the contract of employment give an employee information concerning remuneration, deductions, and time worked, with their pay keep a record of the time worked by each employee and their remuneration display at the workplace a statement of the employee’s rights under the Act. Administrative obligations Management Practice – Level 2 Future Managers

No person may employ a child less than 15 Children under 18 may not be employed to do work inappropriate for their age or that places them at risk Prohibition of employment of children Management Practice – Level 2 Future Managers

Applies to all employment relationships regardless of which sector Purpose of the Act is to: advance economic development, social justice, labour peace and a democratisation of the workplace by fulfilling the primary objectives of the Act, which are to realise and regulate the fundamental rights of workers and employers C. Labour Relations Act Management Practice – Level 2 Future Managers

The Occupational Health and Safety Act ensures that: No party can agree to conduct work in unsafe conditions The Act applies to all workers including agricultural workers, domestic servants, public servants and students. The general public who may be affected are also included D. Occupational Health and Safety Act Management Practice – Level 2 Future Managers

Persons included in the Act are: Persons in any form of work activity including Unpaid helpers Employees paid by some other agency Independent contractors or sub-contractors but excluding One-person businesses Purpose and Scope Management Practice – Level 2 Future Managers

Covers all areas of employment and the use of machinery Makes provision for an advisory council on occupational safety, the duties of employers, employees and safety representatives Focuses attention on safety committees, reporting of accidents, enquiries, prohibition of victimisation and stipulations regarding offences and penalties Purpose and Scope Management Practice – Level 2 Future Managers

To ensure that systems of work, plant and machinery are reasonably safe and without health risks To initiate steps to eliminate possible health and safety hazards or risks before resorting to the use of protective equipment To ensure, as far as reasonably predictable, that the production, use, handling, storage or transport of articles and substances do not endanger health and safety To establish which hazards or risks are involved in any type of work and in the handling of any substance, and what precautionary measures should be taken Duties of employers Management Practice – Level 2 Future Managers

To provide the necessary information, instruction, training, and supervision To ensure that precautionary measures and the requirements of the Act are implemented To ensure that work is performed, and that plant or machinery is used under the supervision of a trained person with sufficient authority to ensure that safety measures are implemented To inform all employees of the danger involved in their work Duties of employers Management Practice – Level 2 Future Managers

To provide facilities, assistance and training to health and safety representatives To inform health and safety representatives beforehand of inspections, investigations, formal inquiries and applications for exemption To inform representatives of any incident which occurs at the workplace To see that the safety committee performs its functions. Duties of employers Management Practice – Level 2 Future Managers

To take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions To obey the health and safety regulations To cooperate with the employer so that the duty or requirement in terms of health and safety are performed or complied with To report any unsafe situation to the safety representative of the employer To report to the employer, his mandatory or safety representative any incident which has caused an injury to himself or to any other person. Duties of employees Management Practice – Level 2 Future Managers

Peter, an employee of Eskom, was doing maintenance work on the high voltage lines just outside of Bloemfontein. All the safety precautions were followed by Peter –he was always very safety orientated and emphasised the importance of regular safety drills and the wearing of safety clothes and other safety material. While he was working on the high voltage lines, with all the safety precautions in place, something unforeseen happened and he fell from the 10 metre stepladder. He injured his back seriously and was taken by helicopter to the Universitas Hospital in Bloemfontein where he had to undergo a back operation and had to stay in hospital for at least a month. Peter was a bit stressed because he was not sure if his medical aid would cover all the costs. As part of any accident that happens, Eskom immediately starts an investigation into the accident. Peter was upset when John, who was working with him, informed him about the investigation and reacted as follows: “Is that how Eskom treats me after all my years of loyal service to the company, and my clean sheet in terms of accidents. How can they think that I was negligent in my actions therefore causing the accident? The next that I will hear from Eskom is that I’m responsible to cover my own medical costs!”. Activity 3.3: Case Study – Accident on duty Management Practice – Level 2 Future Managers

Write a letter to Peter, explaining to him the reaction of Eskom on the accident. What will happen with Peter if he cannot go back to his job because of his back operation? React on Peter’s concern about the medical bill. Activity 3.3: Case Study – Accident on duty Management Practice – Level 2 Future Managers

Anyone who commits or omits to do an act and thereby injures another person in such a way that, if he were to die, the perpetrator would have been guilty of culpable homicide (irrespective of whether or not the person dies) can be subject to a fine of up to R100 000 or two years’ imprisonment, or both. Any person who influences somebody who is to give evidence, tampers with or misuses safety equipment, or recklessly does anything which endangers health or safety is subject to fines of up to R50 000 or one year’s imprisonment, or both. Penalties for offences Management Practice – Level 2 Future Managers

Focus is to: Enhance of the quality of education and training Redress past unfair discrimination in education training, and employment opportunities Contribute to full personal development of each learner and the social and economic development of the nation at large. E. Skills Development Act Management Practice – Level 2 Future Managers

Definition of the Act: Allows for compensation to be paid to an employee who as a result of his activities in the work situation has become partially or totally disabled or has contracted an occupational disease F. Compensation for Occupational Injuries and Diseases Act Management Practice – Level 2 Future Managers

All employees, including casual and seasonal workers Directors who have a contract of employment Independent contractors and domestic workers Members of the Permanent Force of the SANDF, and members of the South African Police Services, while employed in service in defense of the Republic. The Act focuses on Management Practice – Level 2 Future Managers

Employees are compensated whether their injuries or illness were caused by their own fault or due to their employer’s negligence or that of any other person The Act requires provision for the payment of medical aid for the temporary or permanent disablement of an employee. A further obligation is that employers must pay employees who are temporarily disabled their compensation for the first three months of absence from work A claim for compensation must be lodged within twelve months after the accident or illness has occurred or the employee has died Compensation Management Practice – Level 2 Future Managers

Employees who suffer temporary disability Employees who are permanently disabled The dependants of employees, who have died as a result of their injuries; or an occupational disease Benefits are paid to Management Practice – Level 2 Future Managers

Discuss and comment on the following situations referring to compensation for occupational injuries or diseases. Situation A: Peter, a mechanic, loses his thumb while overhauling a car engine. Situation B: Diana, a till operator at Edgars, works with Sheila who is HIV-positive. Six months later, Diana goes for a medical examination which includes an AIDS test. When she received the results she tested HIV positive. Activity 3.4: Compensation for occupational injuries and diseases Management Practice – Level 2 Future Managers

Situation C: Shaun, an employee working at the food section of Woolworths, is a keen racing driver. While racing he was involved in a collision with one of the other drivers. Because of his injuries, Shaun was absent from work for six months. He received his medical bill which he had to pay, but his sick leave was only for the first 3 months after his accident. Because of his accident, Shaun is now disabled and in a wheelchair. Activity 3.4: Compensation for occupational injuries and diseases Management Practice – Level 2 Future Managers

Definition of the Act Provides for the payment of benefits to contributors towards the Unemployment Insurance Fund (UIF) who become unemployed G. Unemployment Insurance Act Management Practice – Level 2 Future Managers

Contributors must pay 1% of their remuneration to the UIF Contributors must also pay 1% UIF provides financial assistance to contributors and their dependents whose service has been terminated through: Staff reduction Illness pregnancy Purpose and Scope Management Practice – Level 2 Future Managers

To forward a monthly statement to the unemployment insurance fund, indicating the number of contributors as well as the amounts due by workers and employers To keep a full record of all payments made by the employer on behalf of his workers for seven years all contributors must have a contributor’s record card (UF 74 or blue card) – issued by the UIF To keep the contributor’s cards of their employees in safe custody and to return the cards to the employees on termination of service Employer’s duties and responsibilities Management Practice – Level 2 Future Managers

Employers are responsible for the collection of contributions to unemployment insurance and both employer’s and employee’s contribution must be forwarded to the unemployment insurance commissioner not later than ten days after the end of each month If a worker dies on duty, the contributor’s record card must be handed over to his next of kin. Employer’s duties and responsibilities Management Practice – Level 2 Future Managers

To qualify, the applicant: must be available and able to work must prove that he cannot find suitable work that he has contributed to the fund for at least thirteen weeks in the fifty-two weeks (1 year) prior to being unemployed. Benefits are usually 45% of the total weekly or monthly remuneration Benefits apply for a period of 26 weeks per 52 weeks of unemployment Unemployment benefits Management Practice – Level 2 Future Managers

Divide into groups and comment on the following situations referring to qualification for unemployment or not: Situation A: Steve retired after 40 years of service at Company A. He was shocked when he received his first pension payment and then immediately applied for unemployment payment. Activity 3.5: Unemployment Benefit Management Practice – Level 2 Future Managers

Situation B: Because of financial reasons, Company B had to retrench 10% of their staff – all of them were contributors to the pension fund. Do they qualify for UIF payment? Situation C: Susan is pregnant, but Company B does not have a policy on maternity leave. It is not a company benefit Activity 3.5: Unemployment Benefit Management Practice – Level 2 Future Managers

Policy formulation is top management’s responsibility Once formulated the policy should be put in writing The failure of many organisations to develop a policy may be the reason for increasing labour unrest in South Africa A policy provides proof of commitment to view and attitudes, and sets limits of behaviour 1.2 Name and explain organisational human resources policies and procedures applicable in terms of current legislation Management Practice – Level 2 Future Managers

The human resources policy could include the following: the aim to assist each employee in developing his or her skills and to enable him or her to use these skills to the full, thus ensuring the employee’s job satisfaction and ability to contribute to the organisation the intention to promote and to preserve at all times the dignity and self-esteem of each employee the aim to develop and maintain open lines of communication and personal contact between the organisation and each employee. Human resources policy Management Practice – Level 2 Future Managers

The human resources policy addresses the needs of the individual within the organisation The employment relations policy is intended to regulated the relationship between management and the workers management and the organised labour between management and the several external agencies that play a part in employment relations Employment relations policy Management Practice – Level 2 Future Managers

Must be unambiguous Must be positively phrased and not contain negative statements Must not require interpretation (in simple, clear language) Must explain the rationale behind the policy Must clarify the boundaries within which individual discretion may be exercised Employment relations policy: Management Practice – Level 2 Future Managers

Should meet the relevant legal and government requirements Should contain a statement of the organisation’s responsibility to protect workers’ rights and to provide workers with the opportunity of participating in decisions that directly affect them Should contain a commitment to the principle of freedom of association Should contain an acceptance of the rights of workers to collective bargaining in industrial disputes Employment relations policy: Management Practice – Level 2 Future Managers

Development of mutual trust and cooperation Prevention of problems and disputes through agreed procedures Reduction of labour costs Strengthening of managerial control Development of human resources skills Management of productivity Policy objectives should be: Management Practice – Level 2 Future Managers

After completing this outcome, you will be able to: Explain the main aspects of the Labour Relations Act. Explain the concept of unfair labour practice within a given context. Name the internal policies that may be used to resolve a dispute or grievance. Graphically illustrate the procedures that may be used internally to settle a grievance or dispute. 2. Demonstrate understanding of the main aspects of the Labour Relations Act Management Practice – Level 2 Future Managers

Purpose of the Act The purpose of the Act is to advance economic development, social justice, labour peace and a democratisation of the workplace by fulfilling the primary objectives of the Act, which are to realise and to regulate the fundamental rights of workers and employers under Section 23 of the Constitution. Application The Act applies to all employment relationships between employer and employees and makes no distinction as to whether these relationships are in the private or the public sector. 2.1 Explain the main aspects of the Labour Relations Act Management Practice – Level 2 Future Managers

Freedom of association and general protections Collective bargaining Collective agreements Strike Lockout Workplace forums Trade unions and employer’s organisations Dispute resolution Main Aspects of the Act Management Practice – Level 2 Future Managers

Workers have a right to form and join a trade union. By doing some research, make a list of all prominent trade unions in South Africa Activity 3.6: Freedom of association Management Practice – Level 2 Future Managers

Visit a nearby organisation and ask the human resource manager if he can share with you information on the following: What will be your plan of action (contingency plan or plan B) if there is a strike in the company or organisation? Bring your answer to class to discuss the plan B of the company. OR Your facilitator can invite the human resource manager of one of the companies to address you on how they handle a strike or lock-out. Now you get the opportunity to ask questions on what is the company’s plan B when such an action (strike) takes place. Activity 3.7: Strikes and/or lock- outs Management Practice – Level 2 Future Managers

Composition Workplace forums are structures that are made up of representatives of workers and junior management employees Role of the workplace forum to promote the interests of all employees in the workplace, excluding senior managerial employees enhance efficiency in the workplace to be consulted by the employer, with a view to reaching consensus to participate in joint decision-making about matters concerning them Workplace forums Management Practice – Level 2 Future Managers

The CCMA is an independent body with jurisdiction in all the provinces in South Africa Role of the CCMA: establishing collective bargaining structures designing, establishing and electing workplace forums as well as creating deadlock-breaking mechanisms preventing and resolving disputes and employees’ grievances disciplinary procedures procedures in relation to dismissals the process of restructuring the workplace affirmative action and equal opportunity programmes sexual harassment in the workplace. Dispute resolution (CCMA) Management Practice – Level 2 Future Managers

Gather information on the CCMA: composition, functions, how it operates, responsible to whom, etc. Information can be obtained from: library (ask for material on industrial relations or labour relations) department of labour internet (download) Bring the information to class and share information and ideas about the CCMA with one another Activity 3.8: The CCMA Management Practice – Level 2 Future Managers

Unfair labour practice includes any unfair act or omission that arises between an employer and an employee 2.2 Explain the concept of unfair labour practice Management Practice – Level 2 Future Managers

A dismissal us regarded as automatically unfair if the employer dismisses an employee for any of the following reasons: The employee participated in or supported or indicated an intention to participate in or support a strike or protest action An employee refused or indicated an intention to refuse to do any work (normally done by an employee who at the time was taking part in a strike, or was locked out, unless that work was necessary to prevent an actual danger to life, personal safety, or health) To compel the employee to accept a demand in respect of any matter of mutual interest between the employer and employee Unfair dismissal Management Practice – Level 2 Future Managers

The employee took action, or indicated an intention to take action, allowed by the act, against the employer An employer has terminated a contract of employment with or without notice An employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms, but the employer offered to renew it on less favourable terms, or did not renew it The employee’s pregnancy, intended pregnancy, or any reason related to her pregnancy Unfair dismissal Management Practice – Level 2 Future Managers

An employer refuses to allow an employee to resume work after she: took maternity leave in terms of any law, collective agreement, or her contract of employment was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date of the birth of her child. An employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them, but has refused to re-employ another; Unfair dismissal Management Practice – Level 2 Future Managers

Unfair dismissal Management Practice – Level 2 Future Managers Unfair discrimination against an employee, directly or indirectly, on:

With your knowledge of what unfair labour practice is, indicate whether the following are unfair labour practices: Employee participates in a legal strike and then dismissed Mine declared unsafe, employee refuses to work, dismissed because of his refusal Employee dismissed because of absenteeism with the birth of a child Employee dismissed because of absenteeism without a medical certificate Employee returning after maternity leave and replaced by a newly appointed employee Activity 3.9: Unfair labour practice Management Practice – Level 2 Future Managers

Employee refuses to do the work of those who were on strike and therefore dismissed Employee “unhappy” about white-collar crime and dismissed because of his complaints Employee disabled because of a work accident and management decided to put the employee on early retirement Black employee not ready for promotion, but promoted because of transformation Engaged woman employee not promoted because of the uncertainty of what is going happen after she gets married Activity 3.9: Unfair labour practice Management Practice – Level 2 Future Managers

Definition of a grievance A Grievance is an occurrence, situation or condition that justifies the lodging of a complaint by an individual A grievance usually would constitute a real, perceived or alleged breach in terms of the employment contract If a sound grievance policy doesn’t exist, managers won’t be aware of any grievances. Does this mean they don’t exist? Employees need to be taught to utilise the grievance policy Grievances should be handled promptly Forms an integral part of the organisations communication policy 2.3 Name the internal policies that may be used to resolve a dispute or grievance Management Practice – Level 2 Future Managers

Grievance procedure Management Practice – Level 2 Future Managers Grievance raised verbally with Investigation and decision within two working days If unresolved Grievance form submitted within three working days to enquiry and decision within three working days If unresolved Grievance form submitted within three working days to enquiry and decision within three working days If unresolved Grievance form submitted within three working days to enquiry and decision within three working days

The facilitator of the group will explain to the group the route to follow when they want to lodge a grievance on something that happens in their classroom – imagine something that justifies the lodging of a grievance so that the procedure can start. Activity 3.10: Grievance Procedure Management Practice – Level 2 Future Managers

After completing this outcome, you will be able to: Explain the concept “employee” as well as how the status of the employee is determined Explain the regulations of the Basic Conditions Employment Act relating to working hours Explain when an employee qualifies for overtime, according to legislation Explain the regulations relating to breaks during hours of work Differentiate between the various types of leave that an employee is entitled to, with an example of each type Explain the conditions under which employment can be terminated according to the Basic Conditions of Employment Act 3. Demonstrate understanding of aspects of the Basic Conditions of Employment Act Management Practice – Level 2 Future Managers

Definition of an employee any person employed in a workplace with regard to the Labour Relations Act: Any person (except an independent contractor) working for another person or for the State (government) and who receives or is entitled to receive remuneration; or any person who in any manner assists in carrying on or conducting the business of an employer 3.1 Explain the concept “Employee” Management Practice – Level 2 Future Managers

Divide into groups (4/5 per group) and test your general knowledge on the basic conditions of employment Note: This is not a test. In your groups, answer the questions and after the discussion, mark your answers according to the information received What are the minimum work hours per week? True or false: Overtime work is compulsory and the compensation is 1.5 times the normal wage After how many continuous working hours are workers entitled to a meal interval? At what time does night work start and finish? Activity 3.11: Basic conditions of employment Management Practice – Level 2 Future Managers

If an employee has to work on a public holiday, what is the remuneration that he or she can expect? How many official public holidays are there in South Africa? If a public holiday is on a Sunday, the Monday is now also a public holiday, can management force staff to work on that Monday? If they work on that Monday, what is the rate per hour that they can expect to receive? What is annual leave? How long is maternity leave? When are employees allowed to take family responsibility leave? Activity 3.11: Basic conditions of employment Management Practice – Level 2 Future Managers

Ordinary hours of work Maximum 45 hours of work per week 9 hours per day max for five days a week 8 hours per day max for six days a week Extended ordinary hours of work Employee may work up to 12 hours a day Weekly limits apply Regulations as per working hours Management Practice – Level 2 Future Managers

Daily and weekly rest period Rest period of at least 12 hours Work on Sunday must be paid double time unless Work on Sunday is normal for that employee Night work Between 1800 and 6:00 Employees must be compensated by an allowance or reduced working hours. Transportation must be available Employers must inform employees who work after 23:00 of the health and safety hazards of night work, and on request must provide employees with a free medical assessment Regulations as per working hours Management Practice – Level 2 Future Managers

What are the requirements for overtime Overtime may only be worked by agreement An employee may not work more than three hours overtime in a day, or ten hours overtime in a week Overtime work must be compensated by paying the employee at 1.5 times the employee’s normal wage or, if agreed, by granting the employee a period of paid time off, equivalent to the value of the overtime pay Explain when an employee qualifies for overtime according to legislation Management Practice – Level 2 Future Managers

Overtime on Sundays and public holidays If they work occasionally on a Sunday then they have to receive double pay per workday or hours worked If they work regularly on a Sunday, they must be paid 1.5 times their normal rate per hour or wage Any work on a public holiday must be remunerated at double rates – per hour or per day Employers and employees can negotiate on paid time off in return for working on a Sunday. Both parties must agree upon the decision of time off 3.3 Explain when an employee qualifies for overtime according to legislation Management Practice – Level 2 Future Managers

Meal intervals An employee must have a meal interval of at least sixty minutes after five hours. This may be reduced to thirty minutes by agreement If an employee is required to be available for work or required to be on the employers premises during his or her meal interval, they must be paid because it count as extra time worked Tea breaks Employees are allowed to take a tea break in the morning session of the workday as well during the afternoon session Legislation allow the worker a tea break of maximum twenty minutes and employees will not receive any additional payment if they have to work during the company’s tea break If it happens, employers will allow employees to take their tea break at a time which suits them 3.4 Explain the regulations relating to breaks during hours of work Management Practice – Level 2 Future Managers

Annual leave Employees are entitled to 3 weeks fully paid leave after every 12 months of continuous employment. This may also be calculated as one day’s leave for every seventeen days of employment An employee must not pay an employee instead of granting annual leave However, an employee whose employment is terminated must be paid out any pay due for leave that the employee has not taken Public holidays All employees must be paid their normal wage for a public holiday that falls on a working day An employee may not be required to work on a public holiday unless by agreement Work on a public holiday must be remunerated at double rates 3.5 Differentiate between the various types of leave Management Practice – Level 2 Future Managers

Sick leave An employee is entitled to six weeks paid sick leave for every thirty-six months of continuous employment During the first six months of employment an employee is entitled to only one day’s paid sick leave for every twenty-six days worked An employer may require a medical certificate from an employee who is regularly away from work for more than two days, before paying the employee for sick leave 3.5 Differentiate between the various types of leave Management Practice – Level 2 Future Managers

Maternity leave A pregnant employee is entitled to four months maternity leave. This may begin up to four weeks before the expected date of birth, unless otherwise agreed or, if required by the employee for health reasons An employer may not require an employee to return to work for six weeks after the birth of a child. During this period, an employee may elect to return to work if a medical doctor certifies that she is fit to do so An employee who has a miscarriage in the third trimester of pregnancy may remain on maternity leave for six weeks or, if a doctor certifies it necessary for her health, for longer During pregnancy and for six months after birth, an employer must offer suitable alternative employment to an employee who works at night or whose work may endanger her health or the safety or her child 3.5 Differentiate between the various types of leave Management Practice – Level 2 Future Managers

Family responsibility leave an employee is entitled to three days paid family responsibility leave This only applies to employees who work for four or more days in a week The employee may take this leave in the event of: The birth of the employee’s child If the employee’s child is sick If a member of the employee’s immediate family dies. An employer may require reasonable proof of the purpose for which this leave is taken before paying the employee. 3.5 Differentiate between the various types of leave Management Practice – Level 2 Future Managers

During the first four weeks of employment, and employment contract may be terminated with one weeks notice Notice period for the remainder of the first year is 30 days 3.6 Explain the conditions under which employment can be terminated Management Practice – Level 2 Future Managers

failure or refusal to work – employees engaged in an illegal strike deliberate and continued absenteeism – employees are continually absent where it can be proven that they do not have a valid reason serious incompetence when an employee misled the employer into believing that he (the employee) is able to perform the work whereas he is not competent to perform it refusal to carry out or disobey orders repeated unpunctuality or ongoing late coming Transgressions leading to termination of employment Management Practice – Level 2 Future Managers

incapacity of the employee – if the employee, by reason of illness or disability, is unable to perform his work, the employer is entitled to dismiss him dishonesty in the sphere of work – including stealing, failure to account for funds, fraud or accepting bribes dishonesty outside of the sphere of employment is when an employee has been convicted of a crime which places serious doubt on his trustworthiness in the position he occupies disloyalty to the employer – employee competes with the employer’s business, namely the leaking of confidential information drunkenness or substance abuse assault – any physical attack on another employee or on a member of management is regarded as sufficient reason for dismissal Transgressions leading to termination of employment Management Practice – Level 2 Future Managers

After completing this outcome, you will be able to: Explain the requirements placed on employers by the Skills Development Act with reference to an organisation’s workplace skills plan and annual training report Explain the requirements placed on employers by the Skills Development Levies Act with reference to an organisation’s workplace skills plan and the claiming back of levies for training purposes Explain the concept of studentships and how studentships could be promoted in a specific business unit Explain the concept of lifelong learning and indicate how learning can be facilitated in a specific business unit 4. Demonstrate an understanding of the Skills Development and Skills Development Levies Act Management Practice – Level 2 Future Managers

The National Qualifications Framework was formed to focus on the following: creation of an integrated national framework for learning achievements facilitate access to and mobility and progression within education, training and career paths enhance the quality of education and training accelerate the redress of past unfair discrimination in education, training and employment opportunities, and thereby contribute to the full personal development of each learner and the social and economic development of the nation at large 4.1 Explain the requirements placed on employers by the Skills Development Act Management Practice – Level 2 Future Managers

To cooperate with the Act and to support the Act to help their employees developing their skills Allow the workplace to be a learning environment where employees can acquire new skills and gain valuable work experience Encourage their employees to take part in skills development To improve the quality of employment to the benefit of the organisation Requirements of employers Management Practice – Level 2 Future Managers

To develop the skills of the South African workforce To increase the levels of investment in education and training in the labour market and to improve the return on investment To use the workforce as an active learning environment, to provide employees with the opportunities to acquire new skills and to provide opportunities for new entrants to the labour market in order to gain work experience To employ persons who find it difficult to be employed To encourage workers to participate in leadership and other training programmes Purpose and Scope of the Act Management Practice – Level 2 Future Managers

To improve the employment prospects of persons previously disadvantaged by unfair discrimination and to redress those disadvantages through training and education To ensure the quality of education and training in and for the workplace To assist workseekers to find work, retrenched workers to re-enter the labour market, and employers to find qualified employees To provide and regulate employment services Purpose and Scope of the Act Management Practice – Level 2 Future Managers

The requirements are: to register as an employer for levy purposes to pay over the levy amount (1% of the organisation’s gross wages) within 7 days after the end of the month 4.2 Explain the requirements placed on employers by the Skills Development Levies Act Management Practice – Level 2 Future Managers

Amount payable 1% of total remuneration, referring to gross taxable income, excluding pension and retirement allowances Registration for payment Employers have to apply to the Commissioner of the South African Revenue Services Payment of Levies Levies have to paid no later than 7 days after the end of the month Levies go into the National Revenue Fund (80%) and the National Skills Fund (20%) The Skills Development Levies Act Management Practice – Level 2 Future Managers

Levy Grant scheme Ensures core level of training Ensures that all firms contribute to the cost of training Improves collective efficiency because the levies are collected by the South African Revenue Service Balances development and equity Promotes training effectiveness and efficiency Ensures multi-party participation Allocates revenues to address social equity needs Ensures proper monitoring and evaluation – evaluating the performance of the various role-players in the system The Skills Development Levies Act Management Practice – Level 2 Future Managers

Use and recovery of levy Employers have to prove that they are registered and levies are paid to date Levies of up to 15% are recoverable upon appointment of Skills Facilitator Another 10% for a workplace skills programme 20% upon implementation of workplace skills programme Skills Development Levies Act Management Practice – Level 2 Future Managers

Learnerships lead to a qualification registered with the South African Qualifications Authority (SAQA) Example of a registered learnership Certificate in Tourism, Level 4 of Theta Promoting Learnerships Identify workplaces where workers can gain practical experience Supporting the development of learning material Improve the facilitation of learning material Assist and conclude the learnership agreement between the learners and the accredited training provider 4.3 Studentships of Learnerships Management Practice – Level 2 Future Managers

What is lifelong learning? The promotion of learning Learning is an individual’s ability to doe something that she was previously not able to do Learning should be as far as possible managed so that time devoted to learning is effectively utilised and is directed at achieving enterprise objectives 4.4 Explain the concept of lifelong learning and indicate how learning can be facilitated in a specific business unit Management Practice – Level 2 Future Managers

Aspects that affect learning whether the course is structured or unstructured the learner target group whether the course instructor acts in an organised and learning oriented manner the duration of the course whether the training is in-service training the use of lecturing methods Lifelong learning Management Practice – Level 2 Future Managers

Factors that promote effective learning the motivation of the learner the ability of the learner to display self-discipline in planning their own study activities learners who accept responsibility for their own studies learners who realise that learning requires effort learners who concentrate and show perseverance throughout the training learners who decide on the rate of learning Lifelong learning Management Practice – Level 2 Future Managers

1. Can you identify the legislation that regulates employment issues? Name and retrieve the six main pieces of labour legislation? Explain who is covered by each Act? Explain the scope of each Act? Briefly explain how each Act is applied within a given context? Name and explain organisational human resource policies and procedures applicable in terms of current legislation? Recap Management Practice – Level 2 Future Managers

Can you demonstrate understanding of the main aspects of the Labour Relations Act Explain the main aspects of the Labour Relations Act. Explain the concept of unfair labour practice within a given context Name the internal policies that may be used to resolve a dispute or grievance Graphically illustrate the procedures that may be used internally to settle a grievance or dispute Recap Management Practice – Level 2 Future Managers

3. Can you demonstrate understanding of aspects of the Basic Conditions of Employment Act : Explain the concept “employee” as well as how the status of the employee is determined Explain the regulations of the Basic Conditions Employment Act relating to working hours Explain when an employee qualifies for overtime, according to legislation Explain the regulations relating to breaks during hours of work Differentiate between the various types of leave that an employee is entitled to, with an example of each type Explain the conditions under which employment can be terminated according to the Basic Conditions of Employment Act Recap Management Practice – Level 2 Future Managers

Can you demonstrate an understanding of the Skills Development and Skills Development Levies Act : Explain the requirements placed on employers by the Skills Development Act with reference to an organisation’s workplace skills plan and annual training report? Explain the requirements placed on employers by the Skills Development Levies Act with reference to an organisation’s workplace skills plan and the claiming back of levies for training purposes? Explain the concept of studentships and how studentships could be promoted in a specific business unit? Explain the concept of lifelong learning and indicate how learning can be facilitated in a specific business unit ? If you can. Congratulations, you are ready to move on to the next module. Recap Management Practice – Level 2 Future Managers

NCV 2 Management Practice Hands-On Support Slide Show - Module 3

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NCV 2 Management Practice Hands-On Support Slide Show - Module 3