Minister republishes regulations for EE sector targets

To recap, on 14 April 2023, President Cyril Ramaphosa signed the Employment EquityAmendment Act 4 of 2022 into law, amending the Employment Equity Act of 1998. Theamendments empower the Minister to identify and set employment equity numerical targetsfor each national economic sector.On Friday, 12 May 2023, the Minister published the draft five-year sectoral numerical targetsfor…

All parents of whatever stipe: Changing the landscape of parental and maternity leave.

On 25 October 2023, that Gauteng High Court per Sutherland DJP handed down judgmentdeclaring the provisions of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”)relating to maternity-, parental-,adoption-and commissioning parental leave and the relevantprovisions of the Unemployment Insurance Act, 63 of 2001 (“UIA”) unconstitutional and invalidfor falling foul of the rights to equality…

Do employers need to retrench fixed-term employees at the end of their Contracts

                                                                     In the case of Dumisani Yeko v Red Mining South Deep (Pty) Ltd (LC) JS633/18 , the employer terminated the fixed-term employment of an individual after the conclusion of a tender rail contract with Gold Fields, a joint venture. The employee’s tenure was directly linked to the duration of the rail contract. Following…

Complimentary TESD Webinar 8 November: POPI TES and CLIENT DYNAMICS

The #POPI Act, the Regulations and other protocols have now had some time to “settle in”. There have been a number of major data and systems breaches as well as a first fine issued. #TES and their clients face considerable risk given the nature and extent of personal information beings shared in terms of candidates,…

Understanding New Legislation on Workplace Harassment

When new legislation is implemented, it is crucial for businesses and employees to understand how it will impact each of them right now and influence future practices. At the beginning of this month, John Botha, CEO of Global Business Solutions, led the webinar hosted by the Temporary Employment Services Division (TESD) to unpack the latest…

New legislation could limit the number of foreign nationals employed in South Africa

A recent Bill and Policy published by the Minister of Employment and Labour aims to limit the extent to which employers who are operating in South Africa can employ foreign nationals in possession of a valid work visa, and imposes stricter obligations on an employer engaging foreign workers. The Employment Services Amendment Bill aims to…