Hot Topic: Employment contracts

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What’s new in your latest issue of Labourwatch?
Employment contracts

You should’ve received your latest issue of the Labourwatch newsletter by now, or you can view it online. We cover some exciting stuff this month, including: Are you unfairly discriminating in the name of affirmative action? , and you don’t always have to pay severance pay
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Can you answer Mark’s labour query?
Labour Bulletin

Have you ever wondered if you can pay your employee less if she’s doing less work? For example, your pregnant employee may not be able to perform her usual duties...can you pay her a portion of her full salary until she’s back “in the swing of things”?
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5 indicators that you need time off
Labour Bulletin

This is your last Labour Bulletin for the year. Your labour team will be dispersing to different parts of the country (and world) to take well deserved breaks. I hope you’ll be doing the same. If you’re planning to work through the festive season (and not because you have no choice but because you want to), pay attention to the following five indicators. Natasha Ely recently posted them on Careers24.com as the litmus test for overworked employees. If you or your employees tick yes next to any of them, you’re in greater need of a holiday than any of us!
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Can we reduce an employee’s salary?
Labour Bulletin

Question:

Can we reduce an employee’s salary because of a decrease in their workload?

Answer: You must negotiate any reduction to salary and get the employee's written agreement as you’re essentially changing his original contract. You need to explain the need for the reduced workload (which must be fair, for business reasons) and the pro rata salary reduction.
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Retrenchment isn’t your only solution...
Labour Bulletin

I’m sure you’re probably sick of hearing it but it’s a sad fact that retrenchments seem to be the order of today in our current financial upheaval. But, it’s not as though you have no other option... The labour courts and tribunals, such as the CCMA, also encourage you to be more creative when downsizing your staff quota, and to use retrenchment as a last resort.
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Make sure you have a good reason for retrenching
Labour Bulletin

If you’re struggling and need to retrench employees you must do it properly so you don’t end up spending everything you’ve saved cutting jobs on the legal costs of defending your case. Many employers launch straight into the procedure required for retrenchment without first properly thinking through the business case for doing so.
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Salary decreases always require employee consent
Labour Bulletin

Following on from last week’s Q&A format I’ve decided to see what our labour experts say on another hot topic this week. You might want to demote a poor performer, but make sure you do it legally! Here’s what a couple of you asked about demotion and salary decreases and the advice our expert gave...
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Can I dismiss my sick employee?
Labour Bulletin

My employee has used all his available sick leave, is currently off sick and is claiming UIF. He supplied a medical certificate but the end date only states: “until further notice” and it seems he will only return to work next year. Must I hire a temporary worker until my employee returns or can I dismiss him and hire someone else who can do the work I require?
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What our labour experts say about leave
Labour Bulletin

Our labour subscribers have access to a free question and answer advisory service. I have a look at all the queries and it’s amazing how many of you suffer the exact same employee issues!  One of the subjects many of you have questions about is leave.  I’ve included a couple of interesting leave questions in this week’s bulletin so you can benefit from the answers too.
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Use these 5 strategies to retain talent
Labour Bulletin

A week or two ago I had a look at the Career24 salary survey and it made for interesting reading. It reminded me how important it is to make sure you’re offering your employees, old and new alike, the remuneration they deserve. If you don’t you’re definitely going to lose your top talent to another company who’ll appreciate him more!
 
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Must you confirm increases in writing?
Labour Bulletin

I got a very interesting invitation this week that I just had to tell you about. Do you remember the 1994 King Committee report on Corporate Governance, produced by the Institute of Directors Southern Africa (IoD) and its vice-president Mervyn King? If not, don’t feel alone, I don’t either! I am, however, very familiar with the King II report, an updated version the committee did in 2002.
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Can my employee take her maternity leave at a later date?
Labour Bulletin

My employee unexpectedly went into labour at seven months while she was on her December holiday. She gave natural birth to twins but because the babies were premature they’re not going to be discharged until the end of March.  My employee wants to return to work at the end of January and then take her additional three months maternity leave when her babies are discharged from hospital.
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Payment for employee-training may be required
Labour Bulletin

your employees may occasionally have to work after hours, but this could be for something quite career-rewarding like training. The only strain here is knowing whether or not you pay them overtime... Must we pay overtime to employees for training?
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Can my employee agree to work extra overtime?
Labour Bulletin

According to the BCEA, an employee should work normal hours of not more than 45 hours per week and overtime of not more than 10 hours per week. Is there any provision allowing my employee to agree to work more than the 10 hours per week overtime?
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384 annoying HR questions you'll NEVER have to answer again!
384 of the Best Labour Law & HR Tips... Ever!

Are you constantly running around trying to find answers to labour and HR questions that come up in your day-to-day dealings with staff?These nagging questions often require you to answer on the spot and you can’t afford to sit on the telephone to the Department of Labour or wade through the labour Acts. With this ultimate HR and labour tool, you can empower your managers to deal with everyday HR and labour issues themselves.
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Your survival guide to employee performance reviews
Practical Guide to Human Resources Management

Do you dread doing performance reviews? How do you tell someone he’s not performing without demotivating him? How do you get an excellent performer to improve even more? It doesn’t need to be as nerve-wracking as you think.
 
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One easy way to make sure your documentation is 100% correct
Industrial Relations Toolkit

Are you looking for an easy way to make sure all your employment contracts, recruitment, disciplinary and grievance processes, and company policies and procedures documents are all 100% correct? Take the agony out of writing company policies, completing grievance forms and recruiting new employees... at a fraction of the cost.
 
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Cut your recruitment costs by 45%
Job Descriptions Toolbox

If you’ve ever had to draw up a job description, you’ll know how long it can take… a couple of hours… a day… do you even know where to start? Or maybe you pay a Consultant by the hour to create them for you. Here’s the cheapest and quickest way to get them done.
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