A business’ operations can be brought to a standstill if it experiences a data breach – a reality which is becoming more and more familiar. Section 22 of the Protection of Personal Information Act 4 of 2013 (POPIA) requires responsible parties to notify both the Information Regulator and the relevant data subject(s) of a breach…
Is there a Need for TES in SA’s Construction Industry?
It is without a doubt that many industries have taken a serious knock during the pandemic. Those involved in South Africa’s construction industry had their hands tied, especially at the onset of the pandemic when restrictions severely delayed and even terminated projects. When comparing GDP growth in the first quarter of 2021 to 2020’s fourth…
Raising the Alarm on Non-compliance in Temporary Employment Services
When operating in compliance with South African labour laws and adhering to good practice, Temporary Employment Services (TES) providers create vital flexibility in the labour market. Countless South African businesses benefit from TES companies. Government officials within the ministry of employment and labour readily acknowledge that TES are essential to the South African economy. However,…
GUIDELINES OF AN EMPLOYER MAKES VACCINATION MANDATORY
1. These guidelines are intended to guide employers, employer organisations, employees, trade unions, conciliators, arbitrators and the courts in determining the fairness of a mandatory vaccination policy and its implementation. 2. These guidelines deal with the key aspects of a policy requiring mandatory vaccination in the workplace. The guidelines are stated generally and departures from…
POPIA and the Disclosure of an Employees Vaccination Status
Date: September 2021 LABOUR BRIEF NO. 443 The Protection of Personal Information Act 4 of 2013 (POPIA) provides for the protection of personal information processed by public and private bodies. Whilst POPIA defines personal information, it also creates another category termed ‘special personal information’. POPIA defines ‘personal information’ as information relating to: Living natural persons…
Addressing POPIA prior authorisation – the Information Regulator issues a Guidance Note for applications for prior authorisation
Closely following its statement on WhatsApp’s proposed changes to its privacy policy, the Information Regulator (IR) has published a Guidance Note (on 11 March 2021) regarding the application for prior authorisation, which elaborates on the process to be followed by businesses who are currently processing or intend to process personal information which is subject to…
POPIA regulations are coming into effect and the guideline on the codes of conduct is published fines
To: TESD – Temporary Employment Services DivisionMembers Date: March 2021 LABOUR BRIEF NO. 436 On 26 February 2021, the Guideline to Develop Codes of Conduct (Guideline) was gazetted and notice was given that Regulations issued in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) are coming into effect. In relation to…
Managing business under VUCA conditions
When one thinks of Covid-19, one immediately associates its impact as VUCA – Volatile, Uncertain, Complex, and Ambiguous. The acronym VUCA was first introduced in the late 1980s by leadership theorists Warren Bennis and Burt Nanus, however, it became more commonly used since 2002 as the rapid advances in technology created an ever-changing business landscape.…
THE IMPORTANCE OF ACCREDITATION OF TEMPORARY EMPLOYMENT SERVICE PROVIDERS
As a result of skills shortages, fluctuating workloads, the changing nature of the workplace, and contingency requirements, an increasing number of companies in the metal and engineering industry are making use of Temporary Employment Service Providers provided by our members. While TES Providers provide an important service to the industry, compliance to the relevant legislation…
COIDA Amendment Bill: A changing work order – employers beware of administrative fines
Amendments encapsulated within the Compensation for Occupational Injuries and Diseases Amendment Bill (the Bill) have introduced harsher penalties to be levied upon employers regarding unlawful conduct in connection with workers’ compensation. In light of an over-crowded court roll, employers will no longer face criminal sanctions by a court of law. These sanctions will instead be…