Information Sheet by the CCMA on Collective Agreements (1) - A collective agreement is a written agreement concerning terms and conditions of employment, or any other matter of mutual interest. Employers must choose a learnership and apply for a learnership grant. This form is filled in by any registered trade union, Employee, Employer, Registered employers’ organisation or Council. Code of Good Practice on Picketing - This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out. Apart from idling your time away, what you say there can also constitute misconduct. 18. THE PURPOSE OF THIS FORM - This form is an application for registration of a Bargaining Council. Addendum To An Existing Contract Template: Addendum to an Existing Contract : This document is in reference to a contract agreement dated ____/____/____, between the following parties that are named below in this document. (Mar 2002). A trade union fills in this form. Wage (See Guidelines 4 and 5) 5.1The employees wage shall be paid in cash on the last working day of every week/month and shall be:R…………. The probative value of Polygraph testing is discussed. The employer fills in this form. Place of work ……………………………………………………………. Such leave is to be taken at times convenient to the employer; and the employer may require the employee to take his/her leave at such times as coincide with that of the employer. Information sheet by the CCMA on Ill-Health and Injury - Illness or injury (incapacity) of a serious nature may be a valid reason for dismissal. The Compensation for Occupational Injuries and Diseases Act requires employers to report all accidents at work. The Secretary of the statutory council fills in this form. Reference the original employment contract in the addendum. The Secretary of the Employers’ Organisation fills in this form. THE PURPOSE OF THIS FORM - This form requests the Minister of Labour to extend the period of, or renew, a collective agreement that has been extended to non-parties. �   ¾ o p v w à á Ÿ ¡ Ô J y s ~ Ç È É Õ š ú " t � ) S Ì Ù Ú û "! The Act works on a presumption of employment that came about as a result of the legal test of the “dominant impression.” It deals with the presumptions that apply to determine who is an employee in the event of a dispute about the employment status of an employee. The length of employment determines the notice period. An application may only be made if there is not existing workplace forum established in terms of the Act. (herein after referred to as "the employee") 1. with links to the relevant section from the Unemployment Insurance Act, Basic Guide on UIF Dependant’s Benefits - Who can claim? THE PURPOSE OF THIS FORM - This form is an application to the essential services committee for a determination that a service is an essential service or that a person works in an essential service. 199... ……………………………………………………………. If the employee works on a Sunday he/she shall be paid double the daily wage. 11.3 The employee is to notify the employer as soon as possible in case of his/her absence from work through illness. ü ü ü ü ü ü ü ü ø ü ø ü ø ó ó ó ó ó ó ó ó ó ó ó óëó ü ø ü ø ü ø ü ø ü ø ü ø ü ø ó ó ó üø ü ø 6�OJ QJ ]� OJ QJ 6�]� 5�\�] - s ì ğ 6 F Ÿ ° É Ü / ” Ê o � ” ÷ ş ú ø ø ø ø ø ø ø ø ø ø ø ø ø î ø è è è $If „Ğ„Ğ]„Ğ^„Ğ $a$ ´7 ı ş ÿ The Purpose of This Form is to assist employers with their employment equity workplace profile. Information sheet by the CCMA on Conciliation - A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute explores ways to settle the dispute by agreement. Annual Leave Annual leave may not be less than 21 consecutive days for full-time workers or by agreement, one day for every 17 days worked or one hour for every 17 hours worked. The Secretary of the trade union fills in this form. Meal Intervals (See Guideline 7) The employee agrees to a lunch break of one hour/30 minutes (delete the one that is that not applicable). Sample Employment Agreement Amendment. Director-General Notification Form. Every employer will probably, at some stage or another, be faced with theft in its workplace. The Secretary of the Bargaining Council fills in this form. All official documentation issued by The Department of Labour, and other government agencies are free and are not for sale. Information sheet on the NBC by LabourSmart - Basic information and contact details. If your workplace has been impacted by coronavirus, we have information about your workplace rights and obligations at Coronavirus and Australian workplace laws.. A number of temporary changes have … The CCMA does not generally charge fees for its dispute resolution work, but may do so in exceptional circumstances, Application for Condonation in respect of unfair labour practice / unfair discrimination dispute, Guidelines on misconduct arbitrations, in terms of 115(2)(g) of the labour relation act (66 of 1995), effective from 1 January 2012, Application for condonation for late filing of rescission application / in the commission for conciliation mediation and arbitration. It can only be sought on very limited grounds as set out in section 144. Information sheet on the National Employer Association of South Africa (NEASA) by LabourSmart - Basic organisation information and contact details. days maternity leave without pay; or    12.2The employee will be entitled to ………… days maternity leave on ………… pay 13. information sheet by the CCMA on Drunkenness On Duty - Drunkenness on duty and partaking of alcohol on duty (whether or not the employee is intoxicated) may constitute misconduct. (Mar 2002). Accommodation(Tick the applicable boxes). EMPLOYER                             EMPLOYEE  Witnesses: ……………………………………………………………. Information sheet by the CCMA on what Arbitration is - Arbitration is a more formal process than conciliation. The Secretary of the employers' organisation fills in this form. Information sheet on the Education Labour Relations Council by LabourSmart - Basic information and contact details. Information sheet by the CCMA on Poor Work Performance - South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. p.m. on Mondays to Fridays and from ……………a.m. Sample - Domestic worker employment contract - Afrikaans - Skriftelike besonderhede van diens (Huiswerker), Sample - Domestic worker employment contract - English. Examples of a determination are an educational training scheme, a provident fund or any other collective agreement entered into between the representatives or parties to a statutory council. When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Section 20 requires designated employers to prepare and implement an Employment Equity Plan which will achieve reasonable progress towards employment equity in the employer’s workforce. List of acts repealed by the enactment of the Basic Conditions of Employment Act No 75 of 1997. The Secretary of each of the employers’ organisations that are amalgamating fills in this form. THE PURPOSE OF THIS FORM - This form is an application by a party to the CCMA to settle a demarcation dispute. How do I claim? LabourSmart Training (Pty) Ltd is a registered VAT Vendor Information sheet on the AHI by LabourSmart - Basic organisation information and contact details. ¿! M/s _____ or to any other person stipulated by the employer from time to time. These templates can be used to assist with the practical management of creating documents purposefully designed for a specific purpose and for a … Commencement This contract will begin on ……………… and continue until terminated as set out in clause 4. THE PURPOSE OF THIS FORM - An employer must keep a record of any strike, lock-out or protest action involving its employees. Sample Taxi Workers Payslip. Daily and weekly rest periods A daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which must include Sunday, unless otherwise agreed, must be allowed. 11. Labour Smart Training Pty (Ltd), strives to be the best provider of quality training in the fields of labour and employment law, and human resources. V X Y [ ] _ u o o o uL o o o u o o o $If Š $$If –i Ö ÖF zÿš‡ ş j ¿ Ö0 ÿ ÿ ÿ ÿ ÿ ÿ ö 6Ö ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿ3Ö 4Ö i aö bÖ _ ` f � • – ˜ š œ � £ È Ï uØ o o o u o o o uÌ o o o $If Š $$If –i Ö ÖF zÿš‡ ş j ¿ Ö0 ÿ ÿ ÿ ÿ ÿ ÿ ö 6Ö ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿ3Ö 4Ö i aö bÖ Ï Ğ Ò Ô Ö × İ Affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace. Certificate of outcome of dispute referred to conciliation, WHAT IS THE PURPOSE OF THIS FORM? 5.2The employee shall be entitled to the following allowances/payment in kind:    5.2.1A weekly/monthly transport allowance ofR…………. Information sheet on the Building Bargaining Council (BBC) by LabourSmart - Basic information and contact details. They must also choose a training provider. and How do I claim? A representative trade union fills in this form. Additional payments (such as for overtime or work on Sundays or Public Holidays) are calculated from the total remuneration as indicated in clause 5.3 of the contract. Information sheet on the Bargaining Council for the Furniture Manufacturing Industry KZN (BCFMI) by LabourSmart - Basic information and contact details. with links to the relevant section from the Unemployment Insurance Act, Basic Guide on UIF Disputes - How to appeal a rejected claim, with links to the relevant section from the Unemployment Insurance Act, Basic Guide on UIF Illness Benefits - Who can claim? Should there be any doubt as to rights and/or obligations in terms of the Act or terms of any clause of the suggested Contract of Employment, such queries can be directed to the local office of the Department of Labour, who will gladly assist , E F r † ì ğ 5 E Ÿ ¯ É Û ú . There can be no other council registered for that sector or area. WHAT IS THE PURPOSE OF THIS FORM? Please refer to the latest legislation applicable. Basic Conditions of Employment laws set maximum working hours and minimum rest and break periods for workers. A representative trade union means a registered trade union, or two or more registered trade unions acting jointly whose members constitute at least 30% of the employees in a sector and area. Legislation - the basic conditions of employment act no 75 of 1997. Workplace forums may be formed when there are more than 100 workers. Information sheet on the Safety and Security Sectoral Bargaining Council (SSSBC) by LabourSmart - Basic information and contact details. In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts. ÷ Sick leave (See Guideline 11) 11.1 During every sick leave cycle of 36 months the employee will be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. There are several types of unfair dismissal and unfair labour practices. When must I claim? All documents purchased are purchased specifically for single user use, and cannot be copied or distributed for the use of other users. How long can I claim for? Workers must be paid a higher wage or receive paid time off in exchange for working on a Sunday. Training providers must decide what kind of training they can give. Deduction from the remuneration The Basic Conditions of Employment Act prohibits an employer from deducting any monies from the workers wages without his/her written permission. Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Lunchtime will be taken from ………… to …………… daily. This need not be in writing and if there is a verbal agreement, the BCEA will determine the terms and conditions of the relationship between the parties. The Compensation for Occupational Injuries and Diseases Act requires employers to pay the Compensation Fund. If the employee works on a public holiday he/she shall be paid double the normal days wage. WHO FILLS IN THIS FORM? Part 2. This paper discusses the law on promotions. (The total of clauses 5.1 to 5.2.3)(Modify or delete clauses 5.2.1 to 5.2.3 as needed) 5.4 The employer shall review the employee’s salary/wage once a year. (BCEA). This ensures greater participation by employees in the regulation of their workplace matters. Other issues There are certain other issues which are not regulated by the Basic Conditions of Employment Act such as probationary periods, right of entry to the employers premises, afternoons off, weekends off and pension schemes, medical aid schemes, training/school fees, funeral benefits and savings account, however the aforementioned may be negotiated between the parties and included in the contract of employment. Let's say the original Employment Contract was titled “Employment Agreement”, and it was signed by the parties on May 9, … Information sheet on the Motor Industry Bargaining Council (MIBCO) by LabourSmart - Basic information and contact details. A labour inspector fills in this form and the form goes to the employer. The party requesting the taxation fills in this form. A library of all the free documentation, information sheets, forms, templates and articles available on our website, to assist the HR professional, managers and unions with practical guidance on various labour and employment law topics. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. Check the example of an Employment Contract in South Africa. Work on a public holiday is entirely voluntary and a domestic worker may not be forced to work on such public holiday. - This form requests the Director or delegated Commissioner of the CCMA to certify that an award issued under the auspices of a Bargaining Council is an award issued by a Bargaining Council Arbitrator. An information sheet detailing what protection unions and employees have in terms of labour legislation and their liability, if any, in the event of protected or unprotected strike action. THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Shareholders' agreements; Appoint or remove a director ... (employment contract) Employee commission agreement; Secondment agreement: business to business; View all documents ; Internet & IT. THE PURPOSE OF THIS FORM - This form is an application by a Council to vary its scope of registration. Any party to the dispute. The employer fills in this form. Rules and forms applicable in the CCMA dealing with referral, applications, condonation, subpoenas and wittiness fees. This annexure provides a table of equivalent occupational levels that may be used by employers when completing the EEA2 and EEA4 forms. It is issued in terms of Section 21(5) of the Employment Equity Act, 55 of 1998 as amended. An information sheet on the rights surrounding polygraph testing in the workplace. t … † — 5 C D U ' 0 1 C [ i j | = P Q c ™ ì í ó ô B C c u Ö ÷ ø How long can I claim for? Objecting party fills in this form. The Compensation for Occupational Injuries and Diseases Act requires employers to report all diseases that are caused by work. For example, if the contract of employment entitles an employee to 25 days annual leave, as opposed to labour law providing only 15 days annual leave, the contract of employment will stand. THE PURPOSE OF THIS FORM - This form is an application by one or more representative trade unions for the establishment of a workplace forum. A consideration of the rights of a Labour Broker's employee, the role of the client of the Labour Broker and the actual Labour broker in light of a discussion through case law. There can be no other council registered for that sector or area. THE PURPOSE OF THIS FORM - A statutory council may submit a proposal to the Minister to amend or extend the period of any determination. information sheet by the CCMA on Disciplinary Procedures - The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. THE PURPOSE OF THIS FORM - This form is an application for a permit to involve children under the age of 15 years in the performance of advertising, artistic and cultural activities. The Secretary of the Council fills in this form. When must I claim? They must also look for employers and prepare a CV. the value of food and accommodation etc.). The second part of the process is to determine the fairness of the dismissal. Agreement for the appointment of a consultant - standard terms & conditions. South African Amending Agreement. Code of good practice on key aspects of HIV / AIDS and employment, Application for variation in terms of the Basic Conditions of Employment Act 1997, As Amended, Domestic worker minimum wage increases from 1 December 2015 - 2016, Forestry sector minimum wage increases 2016 - 2017, Hospitality sector minimum wages as from 1 July 2016. It is this positive effect of power-play that has been recognized by the legislature and embodied in law. The form assists inspectors and designated agents to check that certain minimum standards in terms of any collective agreement, award or determination is kept by employers. Written particulars (Domestic Worker). Schedule 3 of the Basic Conditions of Employment Act was published by the Minister of Labour to assist in the transitional period of the initial enactment of the Act to ensure gradual compliance to its terms. 85 of 1993 Occupational Health and Safety Act as Amended by Occupational Health and Safety Amended Act, No 181 of 1993, Rescission Application Form - In the commission for conciliation, mediation and arbitration / application for rescission of +ruling / arbitration award. WHAT IS THE PURPOSE OF THIS FORM? Job Description, Duties & Responsibilities. u o o o uì o o o u o o o $If Š $$If –i Ö ÖF zÿš‡ ş j ¿ Ö0 ÿ ÿ ÿ ÿ ÿ ÿ ö 6Ö ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿ3Ö 4Ö i aö bÖ P W uü o o o $If Š $$If –i Ö ÖF zÿš‡ Ö0 ÿ ÿ ÿ ÿ ÿ ÿ ö 6Ö ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿ3Ö 4Ö i aö bÖ W X Z ² ´ ut o o o $If Š $$If –i Ö ÖF zÿš‡ ş ¿ Ö0 ÿ ÿ ÿ ÿ ÿ ÿ ö 6Ö ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿÖ ÿ ÿ ÿ3Ö 4Ö i aö bÖ ´ µ û An essential service means a service, which, if interrupted, would endanger the life or health of people. Maternity leave the employee is dismissed without a valid reason or without a fair procedure the. With more than 100 workers Employment Equity Report ( s ) Tick the applicable in... Be construed as legal opinions of each of the Employment Equity workplace profile employees direct family are visiting such. Annum or less the Building Bargaining Council for the wood and paper sector ( NBCWPS by. Without pay ; or 12.2The employee will be taken from ………… to …………… daily employee or job applicant Registrar each. 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