Impact of legislation on Businesses

Question 1

Identify 3 ways to comply with the SDA

Answer 1

1. employers who collect PAYE should register with SETA’s
2. 1% of employers payroll should be paid over to SETA’s
3. Businesses with more than 50 employees must appoint a skills development facilitator

Question 2

Explain the role of SETA’s (3)

Answer 2

1 allocate grants to employers, education and training programmes
2 draw up workplace skills plans and annual training reports
3 develop sectors skills plans in line with the National Skills Development Strategy

Question 3

Evaluate the positive impact of the SDA on businesses (4)

Answer 3

• improves productivity in the workplace
• businesses could become globally more competitive
• increases the number of skilled employees in areas where these skills are scarce
• workplace discrimination can be addressed through education and training

Question 4

what is the purpose of the SDA

Answer 4

invest in the education and training of workers
encourage workers to participate in learning programmes
improve the chances of PDI in getting a job

Question 5

What actions are regarded as discriminatory according to the LRA (3)

Answer 5

unfair and illegal dismissal of employees
not allowing employees to take part in legal strikes
preventing employees from joining TU

Question 6

Discuss two ways businesses can comply with the Labour Relations Act

Answer 6

supporting the establishment of workplace forums

allowing employees to form TU and participate in TU activities

Question 7

Name two rights of employers and employees under LRA

Answer 7

employers: form employer organisations
form bargaining councils for collective bargaining
employees: refer unresolved workplace disputes to the CCMA
join TU of choice

Question 8

discuss the negative impact of the SDA on businesses

Answer 8

• increases cost as the process requires a large amount of paper work
• Skills development programmes may not always address training needs of employees
• many businesses may not support this government initiative

Question 9

Discuss the positive impact of the LRA on businesses

Answer 9

promotes a healthy relationship between employer and employee
protects the rights of businesses in labor related issues
labor disputes are settled quicker and are less expensive

Question 10

discuss the negative impact of the LRA on businesses

Answer 10

reduced global competitiveness due to lower productivity
costs of labor increases because of legal strikes
employers may not dismiss employees at will as procedures have to be followed

Mercedes threatened to close down a local branch when their workers went on strike

Question 11

outline the purpose of the Labour Relations Act

Answer 11

1. promotes collective bargaining in the workplace
2. promotes fair labour practices between the employer and employees
3. promotes workplace forums to accommodate employees in decision making

Question 12

Outline the purpose of the Employment Equity Act

Answer 12

1. allows employees who do the same work to be paid equally
2. eliminates discrimination on grounds of gender/race/disability in the workplace
3. ensures equal representation in the workplace through the implementation of affirmative action

Question 13

Discuss the negative impact of the EEA on businesses

Answer 13

diversity in the workplace may lead to conflict
job hopping of trained EE employees may increase staff turnover
often jobs go unfilled because there are no suitable EE candidates

Question 14

discuss the positive impact of the EEA on businesses

Answer 14

promotes equal opportunity and fair treatment in the workplace
impacts positively on BEE ratings for a business
motivates employees because everyone has the same employment opportunities

Question 15

What are the penalties for non-compliance with the EEA

Answer 15

businesses may face heavy fines

they can be ordered to pay compensation and damages to the employee

Question 16

Outline how businesses can comply with the EEA

Answer 16

implement an employment equity plan
ensure that diversity/inclusivity in the workplace is achieved
eliminate barriers hat have an adverse impact on designated groups

Question 17

What is the purpose of the Basic Conditions of Employment Act

Answer 17

Adheres to the rules and regulations set out by the International Labour Organisation
provides clear terms and conditions of employment for employers and employees
advance economic development and social justice

Question 18

Discuss the positive impact of the BCEA on businesses

Answer 18

promotes fair treatment of employees in a business
work hours are specified so that the employer cannot exploit employees
encourages consultation between employers and employees

Question 19

discuss the negative impact of the BCEA on businesses

Answer 19

no employer may force an employee to work more than 45 hours in a week. this may result in reduced productivity
hiring cheap labour is no longer possible, so businesses cannot exploit workers

Question 20

List the BCEA provisions [7]

Answer 20

1. Work hours
2. Overtime
3. Leave
4. Meal breaks and rest periods
5. Public holidays
6. Termination of employment
7. Child and forced labour

Question 21

What types of leave are there

Answer 21

• annual leave
• sick leave
• maternity leave
• family responsibility leave

Question 22

Discuss Hours of work/ Work hours as a provision of the BCEA

Answer 22

• workers may not work more than 45 hrs in any week
• workers may work 9hrs a day if they work 5days or less per week
• workers may work 8hrs a day if they work more than 5 days per week
• working hours may be extended by agreement by a max of 15 min per day and 60 min per week to complete duties when serving the public

Question 23

Outline the purpose of COIDA

Answer 23

1. provides comprehensive protection to employees who are injured in the course of performing their duties
2. it provides for the establishment of a Compensation Board whose function is to advise the Minister of labour on the provisions of COIDA