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For all members interested in staying up to date with and discussing industrial relations and employment relations issues
The Constitutional Court has decided upon the long-running debate about the employee status of persons placed with clients by labour brokers. Is the person the employee of the labour broker or the client or are they jointly employers?
The decision of the Con court is that once the person has been with a client for 3 months, the person is the employee of the main client.
The media release and the full judgement are attached.
The following media statement has been issued by the Department of Labour, on the position in terms of the CCMA ruling on the employment status of Uber drivers.
"The Department of Labour acknowledges and applauds the ruling by the Commission for Conciliation, Mediation and Arbitration that Uber drivers are the employees of the company. The decision is in line with the Labour Relations Act 66 of 1995 as amended. It means that any person who falls in that category is an employee and therefore fully covered in terms of labour legislation.
The following media statement has been issued by the Department of Labour, on the position in terms of the CCMA ruling on the employment status of Uber drivers.
The Department of Labour acknowledges and applauds the ruling by the Commission for Conciliation, Mediation and Arbitration that Uber drivers are the employees of the company. The decision is in line with the Labour Relations Act 66 of 1995 as amended. It means that any person who falls in that category is an employee and therefore fully covered in terms of labour legislation.
Department of Labour announcement:
"The minimum wage for South Africa's vulnerable sector of hospitality has been revised upward with effect from 01 July 2017.
The new Hospitality Sectoral Determination which governs minimum wage rate in the sector will be effective until 30 June 2018.
The minimum rate for employers with 10 or less employees will be a monthly wage of R3 193.12 (2016/2017: R2 959.35); a weekly rate of R736.92 (2016/2017: R689.97); and an hourly rate of R16.36 (2016/2017: R15.17).
The minimum wage for South Africa's vulnerable sector of hospitality has been revised upward with effect from 01 July 2017.
The new Hospitality Sectoral Determination which governs minimum wage rate in the sector will be effective until 30 June 2018.
The minimum rate for employers with 10 or less employees will be a monthly wage of R3 193.12 (2016/2017: R2 959.35); a weekly rate of R736.92 (2016/2017: R689.97); and an hourly rate of R16.36 (2016/2017: R15.17).
Does anyone know which Bargaining Councils it is compulsory for companies in those industries to join? I cant find a list anywhere.
How are companies kept up to date with which become compulsory to join in each sector?
Where can a company check to see what sector they are registered in so that they can establish if there is a bargaining council they HAVE to join?
Any help would be greatly appreciated.
Thank you kindly in advance.
Creamer Media reports that Hospersa (Heath and other personal service union of South Africa) has gained a court order to have bridging course exams postponed. The court issued the order instructing the South African Nursing Council to postpone, in view of the alledged "leaking" of exam papers. So exams that should have been from 28th - 30th June, 2017 are now postponed until 19th - 21st July 2017.
The Department of Labour says it is concerned about the growing incidents of bogus labour inspectors who impersonate legitimate officials of the Department and fleece unsuspecting employers of money. Last week the department indicated that it has learnt of some illicit dealings of a few individuals impersonating legitimate labour inspectors in different towns within the Free State province.
Our media often carry reports of employers explaining that our labour law is overly restrictive. In this case it appears that the employer either had no knowledge of labour law or simply chose to ignore it.
The Labour Relations Act gives effect to the Constitutional right to fair labour practices. The language is plain English and very easy to follow. The retrenchment - dismissal for operational requirements - sections 189 and 189A set out how to conduct the exercise and the requirement for consultation with relevant parties.
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