In their analysis of wage violations in South Africa, Bhorat et al. Visit PayScale to research AVBOB salaries, bonuses, reviews, benefits, and more! Q: Do I have to pay for the cost of cleaning employees' uniforms? Contributed Show More Show Less 2 of 3. Copyright © 2021. Generally, if a nonexempt employee does not come to work for whatever reason, you do not need to pay them. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. In the circumstances it is advisable for employees’ written consent to be secured. On July 31, President Jacob Zuma signed into … POPI distinguishes between the collection, storage and processing of personal information and special person information. Most South African entrepreneurs think having a rock-solid Payroll process is only necessary when you have multiple employees. Also, uniforms may not be suitable for every business. You shouldn't be dismissed during the period of her pregnancy and maternity leave. While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. Firstly, let us make it clear that "culture" has no place in the work situation, and employers cannot be expected to make provision in its company policies to accommodate every one of the dozens of cultures that exist in our country. A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions. Since 1997, anyone who works more than 24 hours a month is covered by the Basic Conditions of Employment Act . Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. While employers may hope for a “, The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. This includes employee uniforms in some cases, which is an area some employers like to push as an employee’s responsibility. It appears that arbitrators have come to realise that delaying tactics by employees on full pay can result in an abuse of the disciplinary process and have sought to close the gap on this phenomenon. It also gives employees an opportunity to talk about their job and your business. The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. We have total employees 66 members and they are retrenching me only. It is not always clear under which circumstances the benefit of corporate clothing/uniforms is exempt from tax and it has been our experience that SARS frequently challenges the exemption. The national lockdown has had profound effects on working life in South Africa.. Employees in essential services are continuing to work, but under strict health and safety requirements; and employees who can work remotely, now work from home.The lockdown has therefore inevitably changed the circumstances and certain of the terms and conditions of many employees’ employment. 1 of 3. Employers and employees should be aware of the following twelve main principles in relation to rest breaks at work. This equates to 15 working days per annum if the employee works a five-day week, and 18 working days per annum if the employee works a six-day week. This can be for many reasons – identification of the company in public places, projecting a certain corporate image both on and off the workplace, uniformity of appearance, and so on. For further information contact emailProtector.addCloakedMailto("ep_0d7d33c9", 1); POPI and consent - don’t get caught in your own net, By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. A. The cost or overtime compensation in any workweek. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Employers, who require their employees to buy or contribute towards their uniforms, are now precluded from such conduct, since an employer is prohibited from accepting money from their employees and from requiring them to buy goods from the company or any other party nominated by the employer. Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. On 23 March 2020, President Cyril Ramaphosa announced that South Africa would go into 21-day national lockdown, from midnight, Thursday 26 March 2020 to midnight, 16 April 2020. An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied”. Employees required to buy work related items can’t be forced by their employer to use their wages to pay for these items, if the requirement is unreasonable. ANSWER: Under general tax principles, the value of employer-provided clothing is a taxable benefit unless the clothing qualifies for an exclusion. As a foreigner living and working in South Africa, employees’ tax is deducted on a ‘pay-as-you-earn’ basis and paid by employers the tax to the authorities monthly. Employers Must Pay for Personal Protective Equipment (PPE) On May 15, 2008, a new OSHA rule about employer payment for PPE went into effect. Rest breaks are regulated by the Basic Conditions of Employment Act, 1997. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent is informed. The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Lauren Salt, Associate, and Sidasha Naidoo, Candidate Attorney, Employment, Cliffe Dekker Hofmeyr. Other, South Africa, Home Based Typist Positions Available and Now Introducing OnlineSurvey Packages I have openings available in various areas earningbetween R 4 000.00 - 5 per week. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. Federal or state wage hour laws may require exempt employees to be paid their regular salary if they are directed not to report to work. South Africa changes laws to allow medical aids to pay for Covid-19 vaccines. The effect on businesses and their employees will be harsh, and President Ramaphosa announced that Government will be taking several steps to support individuals and small businesses. Did you know that Hatfield houses one of the main stations for the Gautrain, South Africa's premiere mass rapid transit railway? In the absence thereof, the employer will need to prepare and secure a further consent from the employee. There are potential problems that can arise from this section. While employers may hope for a “, The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. Laws consider dismissal of an employee on account of her pregnancy, intended pregnancy, or other reasons related to her pregnancy, as automatically unfair. Employers are encouraged to consider their policies and determine whether they fall foul of s33A of the BCEA. A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions. Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. With few exceptions, OSHA now requires employers to pay for personal protective equipment used to comply with OSHA standards. Thus the onus is on the employer to show that these schemes fall within the exception. Employers should check with the relevant award or the Fair Work Act to check whether they can ask an employee to bear the cost of uniforms. Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?”. 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