Grain Guide 2016

21 / 154

19 GRAANGIDS 2016 GRAIN GUIDE
on every payslip:
– Leave taken and leave available
– Proof of receipt of the payslip
• Employers must be informed regarding the
requirements and responsibility with respect to
leave in order to manage labour risk proactively
and limit unnecessary costs. Labour legisla-
tion defines four types of leave: Annual, sick,
family-responsibility and maternity leave. By
specifying the types of leave and the number of
days applicable in the employment contract, the
employer assures that the employee is informed
of the number of days to which they are enti-
tled. We strongly recommend that employers
implement a leave policy that sets out how and
when employees can apply for leave – note that
the policy may not be less beneficial than the
applicable legislation that must be complied
with. In order to ensure that leave does not
infringe on operational requirements, the leave
should be approved at the discretion of the
employer.
• A sign-in register keeps a record of all work
hours (normal work hours, overtime, Sunday
time and hours worked on public holidays) and
the taking of meal breaks. The sign-in register
is essential evidence in the disciplinary process
(absence or lateness), as well as in cases of
injury on duty.
4. Legislation
Labour legislation requires the employer to have
the appropriate legislation available on the
premises for employees. The following must be
available in the agricultural sector:
• Sectoral Determination 13, which regulates
labour relations in the agricultural sector
• The Basic Conditions of Employment Act
• The Employment Equity Act
• The Occupational Health and Safety Act
5. Discipline in the workplace
• Clear rules and guidelines in the workplace
ensure that friction and misunderstandings are
limited, which promotes productivity and a posi-
tive work environment. The disciplinary code
serves as guideline to employers with respect to
appropriate sanctions for certain types of mis-
conduct. The code ensures that all employees
are aware of the rules in the workplace, and of
the consequences if these rules are violated.
• The disciplinary procedure is used in cases of
misconduct. Progressive discipline (warnings)
is applied depending on the type of violation.
The consultation procedure is used in cases of
poor job performance and medical disability.
It is essential to note that the employer can
under no circumstances dismiss an employee
without having followed the correct procedure.
All dismissals must always be procedurally and
substantively fair.
6. Policies
The aim of a policy is to provide rules with respect
to a specific challenge in the work environment.
We recommend that employers implement the
following policies in the workplace: Smoking, sick
leave, sexual harassment, cellphones and overtime.
7. Procedures
The aim of procedures is to establish steps to be
followed with respect to a specific matter in the
work environment. We recommend that employers
implement the following procedures in the work-
place: Grievance and appeal procedure.
8. Other general points that should receive
attention from employers:
• Pay at least the minimum wage.
• The Employment Equity Act: Employers who
qualify as ‘designated employers’ have certain
obligations.
• Skills Development Act: Employers who
meet the minimum requirements have
certain obligations.
• The Occupational Health and Safety Act: It is
the responsibility of the employer to create and
maintain a safe and risk-free work environment.
Additional regulations apply to employers who
meet certain minimum requirements.
• If a trade union is involved in the workplace, it
is important for employers to be familiar with
the rights of all role-players.
Feel free to contact the LWO Employers
Organisation on 0861 101 828 |
|
Crystal McLauchlin, legal adviser:
Agricultural Employers Organisation