Study Unit 4 Flashcards
Contract of Employment and NMWA
S34(1)+(2) BCEA DEDUCTIONS
what requirements must be met before an employer can make deductions on an employees remuneration according to BCEA?
consent of employee
- Only make deductions if the employee agreess to the specific deduction
- Deduct a reimbursement for loss only if loss was in course of employment and was the fault of the employee + employee given opp to show why deduc shouldn’t be made
- Debt to be deducted not exceed actual amount employers losss
- Deductions don’t need employee consent when theyare mandated by law
What notice periods must be given for termination of a contract?
1 week=if employed for 6 months or less
2 weeks=if employed between 6 months and 1 year
4 weeks= if employed for more than 1 year or is a farm/domestic worker employed for 6 months
How does S41 of BCEA regulate severance pay?
Pay employee severance pay = to 1 week remuneration for each completed year of work. There’s no duty of severance pay on employer if employee rejects offer of alt employment
Variation of BCEA Terms
Which BCEA terms cannot be varied?
S49 of BCEA
* Maximum working hours
* sick leave
* night work
* 4 month’s maternity leave
* not less than 2 weeks’ annual leave
* prohibition on employment of children
* employee’s entitlement to parental leave
* employee’s entitlement to adoption leave
* employee’s entitlement to commissioning parental leave
When did the NMWA come into operation?
1 Jan 2019
What is the current NMW?
With effect from 1 March 2024 it is R27,58 p/h
NMWA APPLICATION
Who does the NMWA apply to?
S1 OF NMWA Definition of a worker
Any person who works for another and receives payment for that work (money /any kind) , NMWA can apply to independent contractors and own-account workers and not employees
Covers a broader category of people
What did the Quantum foods case state regarding minimum wage?
Bonus and pension fund contributions can be regarded as something paid to the worker and are calculated as part of the hourly wage
