Basic Conditions of Employment Act is the most basic, lowest conditions of employment that you can offer an employee.  You may offer them more, or better, than the basic condition, but not less.  If you do not give an employee a contract of employment, then they automatically fall under the Basic Conditions of Employment, and these become their terms of employment.  This month I will go over what you as an employer are required by law to give your staff in terms of their rights.  Next month, I will cover Contracts of Employment (which is the only way to specify things that you want different from the below conditions).

 

Legally, every employer should display a copy of the Act for their staff.  If you would like a copy of the Summary of the Act emailed to you, in English or Zulu, please email me at kirsten@2r.co.za and I would be happy to forward it on.

 

Who does the basic conditions of employment apply to:-

• All employees who work more than 24 hours a month (even temp and part time workers)
• It does not apply to sales staff who travel or senior managers

What working hours should your staff be working  by law:-

• 45 hours a week (9 hours if a 5 day week and 8 if more than 5 days in a week)

Overtime

• An employee only works overtime by agreement.  (something that is important you get them to agree to in their contracts)
• Overtime is paid at 1.5 times an employee’s normal wage, or the employee may get paid time off
• If an employee normally works on a Sunday, they will get time and a half, and if they do not normally work on a Sunday they should be paid double time

How long should they take for lunch and tea?

• An employee gets 60 minutes meal break after they have worked 5 hours.   This can be reduced to 30 minutes by agreement and done away with if the employee works less than 6 hours.  (important to clarify in your contracts).
• Employees must have a rest period away from work of 12 hours a day, and 36 consecutive hours a week
• Tea breaks and smoke breaks are not covered in the basic conditions of employment

Public Holiday Pay

• Employees must be paid for any normal working day that falls on a public holiday, even though they are not working.  This applies to temps that work more than 24 hours a month
• Work on a public holiday is by agreement and paid at double time
• Employees may work a public holiday in exchange for another paid working day off, by agreement

Annual leave

• An employee is entitled to 21 consecutive days (including weekends) or 15 working days.  This can be calculated as 1 day for every 17 days worked.
• Leave must be taken within six months of the end of a leave cycle
• An employer must not “buy” an employees leave or pay them out, instead of the employee taking them.
• Accumulated leave that has not been taken,  must be paid out on termination of employment

Sick leave:

• An employee gets six weeks paid leave over a 36 month period
• During the first six months of employment, they are entitled to one day sick leave for every 26 days worked
• An employer may legally request a doctors certificate for someone who is absent for more than two consecutive days.

Maternity Leave:

• An employer has to keep an employees position for four months while they are on maternity leave.  (they do not need to pay the employee during this time, and the employee may ask to come back six weeks after the baby is born).

Family Responsibility Leave (Compassionate Leave)

• Employees are allowed 3 days paid leave a year for the birth or death of an employee’s child, when their child is sick, or the death of a life partner, spouse, grandparent, child or sibling.
• An employee may request reasonable proof

Written particulars of employment and deductions from salaries

• What information needs to be kept on writing and supplied to employees will be covered next month in detail when we deal with contracts of employment.
• You may not deduct any money from an employee without written permission from the employee

Calculation of remuneration

• Monthly remuneration is calculated by multiplying the weekly wage by 4.3

Notice periods

• If your contract of employment states a notice period longer that the Basic Conditions of Employment, then this is the notice period an employee will have to give.
• If you do not have a contract of employment, notice periods are as follows:-

o   One week if the employee has worked for less than six months

o   Two weeks if they have worked between six months and a year

o   Four weeks if they have worked longer than a year

Retrenchment severance packages

• An employee is entitled to at least one weeks pay for every year that have worked for a company, when they are retrenched.

Recently I received a very interesting article from the CCMA titled “Withdrawal of Offers of Employment- Does this constitute dismissal?”.  It was a very interesting, detailed article, so I thought that I would summarize a few key points for you.  Let me know if you would be interested in reading the full document, and I would be happy to email it onto you.

 

There are many instances when an employer revokes the offer of employment, before the job applicant actually starts work, and the employer legally defends themselves on the basis that the job applicant is not actually an employee until such time as they start work.

The job applicant is however protected by the Constitution and the Employment Equity Act which protects job seekers from discrimination (e.g. an offer being withdrawn because the company discovers that the job seekers is pregnant).  Although this protection exists to protect job seekers from discrimination, nowhere in the Basic Conditions of Employment, Labour Relations Act or Employment Equity Act does it shed any light on what recourse a job seekers would have if they found themselves in the position of having an offer revoked before they actually start work.  As with most things in Labour Law, there is no definite “right” or “wrong” answer, but rather it is a collection of the facts, and who makes the best argument with the facts.

Who is an employee?

The Labour Relations Act describes an employee are

• Any person, excluding an independent contractor, who works for another person and who receives or is entitled to receive any remuneration
• Any other person who is any manner assists in carrying out of conducting the business of the employer.

From the above definition it is clear that an employer’s obligation starts on the day the person starts work.

 

Definition of Dismissal

The term dismissal is defined under section 186 (1) of the LRA

as follows:

1. a) “An employer has terminated a contract of employment with or without a notice,
2. b) An employee unreasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it in less favourable terms or did not renew it,
3. c) An employer refused to allow an employee to resume work after she took maternity leave in terms of the law, any collective agreement or her contract of employment d) An employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another,
4. e) An employee terminated a contract of employment with or without notice because the employer made a continued employment intolerable for the employee, or
5. f) An employee terminated a contract of employment with or without notice because the new employer after a transfer in terms of sections 197 or 197A of the LRA, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee that those provided by the old employer”.

 

Under definition (a) above, if the employee can prove that they had entered into a contract agreement, and then employer was breaking this contract, they would have reason to claim unfair dismissal, even though they had not started working yet.

 

Background Checks

When offers of employment have been made, subject to the successful outcome of background checks, offer of employment can be revoked if the outcomes of the checks are unfavourable.  It  is important to state that the offer is subject to the checks.  These checks include reference checks, criminal checks, qualification validation etc.

 

Terms and Conditions of the Contract

It is important to agree on the terms of employment, before making an offer of employment, because later withdrawing the offer because the terms of employment cannot be agreed on, could land you at the CCMA for unfair labour practice. 

 

Conclusion

While the law does not explain what recourse and rights a job applicant has when an offer employment is revoked, it is safer for a employer to make sure of all back ground checks, terms of employment and overall suitability confirmed, before offering employment to a job seeker. 

“Pregnancy in the Workplace” and your rights and responsibilities with regards to employees that may fall pregnant and need to go off on maternity leave. 

 

PREGNANCY AND YOUR RIGHTS IN THE WORKPLACE

LEGAL FACTS

The constitution protects a person’s right to make decisions concerning reproduction.

No person may discriminated against or dismissed on account of pregnancy.

Employers are required to provide and maintain a work environment that is safe and without risk for their employees

PROTECTING THE HEALTH OF PREGNANT & BREASTFEEDING EMPLOYEES

The Basic Conditions of Employment Act (BCEA) prohibits employers from requesting or permitting pregnant and breastfeeding employees from doing work that is hazardous to themselves or their unborn child.

Where appropriate, employers should make a list of which positions in the company pose the least risk to pregnant and breast feeding employees.  Section 26(2) of the BCEA states that an employee should offer suitable alternative employment to an employee during their pregnancy, if the original position poses a danger to herself or her unborn child, or if the employee is required to work night shift.  Alternative employment should be on terns no less favourable than the employee’s original terms of employment.

Workplace policies should encourage employees to inform employers as early as possible of their pregnancy, so that employers can review the safety of the employee’s position.

Employers should keep a record of all notifications of pregnancies and their outcomes

Once an employer has been notified of a pregnancy, they should conduct an evaluation of:-

• The employees job
• The potential workplace risks
• The employee’s health.  The employee should undergo a medical examination by a professional medical practioner

If the evaluation reveals any potential risks, the employer should inform the employee

Consultation should be taken to determine what steps need to be taken to minimize the dangers and risks if necessary adjustments should be made to the employees work station or the employee should be moved to a more suitable work station.

Risk assessments should be constantly reviewed as risks vary depending on the stages of pregnancy and when the employee is breastfeeding

Arrangements should be made for the employee to attend antenatal and postnatal classes as required during and after the pregnancy.

Arrangements should be made for an employee who is breast feeding or expressing milk.  These employees should be given two additional half hour breaks for this purpose

PAYMENT AND MATERNITY LEAVE

• Employers are required to hold an employees position for four months while they are on maternity leave.
• During this period they are not required to pay the employee, unless company policy states so.
• Employees can claim benefits from the Unemployment Insurance Fund (UIF)
• Should any employee wish to return to work before the four months is over, they can do provided they get a doctors certificate stating that they are fit to work.  Employees may not return before their baby is six weeks old.

 

Most of the information in the above was taken from the “Code of Good Practice” and the Basic Conditions of Employment Act.  If you would like copies of this, please feel free to contact me and I would be happy to forward it to you.

Whether you interview everyday, and get bored with your standards list of interview questions, or whether you  seldom interview and don’t know what to ask, we thought that it would be nice to share some new and old ideas of what questions you can ask in an interview!

 

Interview questions!

1. Describe a time when you did something that you regret and explain what you would have done differently?
2. Explain how your listening skills helped resolve an issue?
3. Your superior presents you with a project/task and you know it wouldn’t work. How would you approach him to let him know how you feel?
4. 4.Tell me about the time that you were most successful in dealing with a difficult client?
5. Give me an example of a time when you had to get something accomplished with someone whom is a bit more difficult to get along with.
6. 6.Tell me about the time you were faced with conflicting priorities in scheduling your time, how did you determine what was top priority?
7. What procedures have you used to prevent or control backlog in your work area?
8. What are you looking for in a job?
9. Imagine we’ve just hired you. What’s the most important thing on your to-do list on the first day of work?
10. Have you ever had any conflict with your boss and how do you handle it?
11. When you leave this interview, how would you like to be remembered?
12. What are your greatest strengths?
13. What are your greatest weakness?
14. Where do you see yourself in five or ten years?
15. What makes you think that you are the best person for the position?
16. During the recession, if you were a CEO of a certain company what will you do to cut costs?
17. Tell me about a time when you had to meet several deadlines. How did you go about accomplishing that?
18. What do you think it means to be “a professional person”?
19. If you could change one thing about yourself, what would it be?
20. What goals have you set for yourself this year and how do you intend on achieving them?

Ten years ago, if you put someone on probation and during or at the end of the probation you decided that you did not like them, you could tell them to leave- no questions asked.  Labour law and probation periods have changed a great deal since then.  There is a lot of confusion over how probation periods work and if temp- to- perm is better than probations or not.  Below is some information from the CCMA to assist you in dealing with probation periods better:

 

PROBATION PERIODS

• Probation in for newly appointed employees only.
• The purpose of probation periods is to asses the suitability of a person before permanently employing them.
• The length of a probation period depends on the nature of the job.  (maybe a month for a tea lady and six months for a financial manager)
• Probation periods may be extended if you need more time to determine if a person is suitable
• The probation period, and the expected standards to be met, should be put in writing.
• If a person is dismissed during the probation period for any reason, including theft, retrenchment, ill health, misconduct- the normal disciplinary procedure must be followed.  ( i.e. you cant just tell them to go because they are on probation)
• The aim of probation periods is to sort out poor performance issues before an employee is permanently employed.
• While on probation, the employee should have regular evaluation, instruction, training, guidance and counselling to assist them in achieving the standards required, and it is advisable to record the above in writing.  There should be continuous communication with the employee of their progress.
• An employer may dismiss an employee or extend the probationary period after the employee has had a chance to represent themselves (i.e. give their side of things), and those representations have been taken into account.
• The process must be procedurally fair and documented
• The termination must also be substantially fair- there must be a good and fair reason for termination
• It is not necessary to hold a formal hearing
• The reason for ending a probation period does not have to be as compelling as when terminating a permanent employee
• For more information visit the Labour Relations Act, Schedule 8: Code of Good Practice: Dismissals.  Section 188.

The new domestic worker minimum wage increase is effective as of the 1st of December 2015, below please find a useful table and and click on the link provided  for more information from the South African Labour Guide.

providedhttp://www.labourguide.co.za/downloads?utm_source=MailingList&utm_medium=email&utm_campaign=art%2F+no+ads

DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 1 DECEMBER 2015

 

Wage Tables for the Domestic Worker Sector
Table 1		Minimum wages for domestic workers who work more than 27 ordinary hours per week
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality,  Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period 1 December 2014 to30 November 2015				Minimum rates for the period 1 December 2015 to30 November 2016			Minimum rates for the period1 December 2016 to 30 November 2017
Hourly Rate   (R )	10.59			Hourly Rate   (R )	11.44	Previous years minimum wage + CPI*** +2.5%	Hourly Rate   (R )	Previous years minimum wage + CPI*** +2.5%
Weekly Rate   (R )	476.68			Weekly Rate (R )	514.82		Weekly Rate   (R )
Monthly Rate   (R )	2065.47			Monthly Rate (R )	2230.70		Monthly Rate   (R )
Wages in Area A will be subjected to a CPI plus 2.5% increase for the period 1 December 2015 to 30 November 2016.  The CPI***(for the lowest quintile)  six weeks prior to 1 December 2015 is 5.5%.This means that wages for this period was calculated as follows: CPI plus 2.5% for Area A = 5.5% + 2.5% =8%.
Area B
Areas not mentioned in Area A
Minimum rates for the period   1 December 2014 to             30 November 2015			Minimum rates for the period 1 December 2015 to 30 November 2016				Minimum rates for the period 1 December 2016 to 30 November 2017
Hourly Rate   (R )	9.30		Hourly Rate (R )		10.23	Previous years minimum wage + CPI*** +4.5%	Hourly Rate   (R )	Previous years minimum wage + CPI*** +4.5%
Weekly Rate   (R )	418.32		Weekly Rate (R )		460.15		Weekly Rate   (R )
Monthly Rate   (R )	1812.57		Monthly Rate (R )		1993.82		Monthly Rate   (R )
Wages in Area B will be subjected to a CPI plus 4.5% increase for the period 1 December 2015 to 30 November 2016.  The CPI***(for the lowest quintile)  six weeks prior to 1 December 2015 is 5.5%.This means that wages for this period was calculated as follows: CPI plus 4.5% for Area B = 5.5% + 4.5% =10%.

 

 

 

 

Table 2	Minimum wages for domestic workers who work 27 ordinary hours per week or less
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality,  Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period1 December 2014 to 30 November 2015		Minimum rates for the period1 December 2015 to 30 November 2016			Minimum rates for the period1 December 2016 to 30 November 2017
Hourly Rate   (R )	12.40	Hourly Rate   (R )	13.39	Previous years minimum wage + CPI*** +2.5%	Hourly Rate   (R )		Previous years minimum wage + CPI*** +2.5%
Weekly Rate   (R )	337.74	Weekly Rate   (R )	361.50		Weekly Rate   (R )
Monthly Rate   (R )	1450.33	Monthly Rate   (R )	1566.35		Monthly Rate   (R )
Wages in Area A will be subjected to a CPI plus 2.5% increase for the period 1 December 2015 to 30 November 2016.  The CPI***(for the lowest quintile)  six weeks prior to 1 December 2015 is 5.5%.This means that wages for this period was calculated as follows: CPI plus 2.5% for Area A = 5.5% + 2.5% =8%.
Area B
Areas not mentioned in Area A
Minimum rates for the period1 December 2014 to 30 November 2015		Minimum rates for the period1 December 2015 to 30 November 2016			Minimum rates for the period1 December 2016 to 30 November 2017
Hourly Rate   (R )	10.98	Hourly Rate   (R )	12.07	Previous years minimum wage + CPI*** +4.5%	Hourly Rate   (R )	Previous years minimum wage + CPI*** +4.5%
Weekly Rate   (R )	296.35	Weekly Rate   (R )	325.98		Weekly Rate   (R )
Monthly Rate   (R )	1284.09	Monthly Rate   (R )	1412.49		Monthly Rate   (R )
Wages in Area B will be subjected to a CPI plus 4.5% increase for the period 1 December 2015 to 30 November 2016.  The CPI*** (for the lowest quintile)  six weeks prior to 1 December 2015 is 5,5%.This means that wages for this period was calculated as follows: CPI (for the lowest quintile) plus 4.5% for Area B = 5.5% + 4.5% =10%.

 

Have a look at some of the stunning candidates that we have interviewed over the past month.  To view their CV’s in detail or if you have any other positions that you require assistance with, call RESOURCE recruitment on 0317640787 or email kirsten@2r.co.za

Vaughn- Digital Marketing/ Sales/ On Line Stores Administrator- R10-12 000
Vaughn is a must see- for his skills as well as his attitude and passion for his work.  Today, if you want to reach customers and build brand- you have to be on all the social media sites and have a website, and these mediums have to be updated constantly and be current and interesting.  It is what drives people to your website, and if you have an on line store- it’s what gets you orders.  Because this is a new and rapidly changing field, often the best people to employ are young, internet savvy job seekers who have a passion for social media.  Vaughn is just this.  He completed his matric in 2007 and studied an IMM Marketing Diploma.  He has five years’ experience in the sales and marketing field- gaining experience in social media marketing, retail sales (both in store and out on the road), events and currently is a sales analyst- using his advanced MS Excel skills to analyse sales figures and report back to management.

Jessi- Office Administrator/ PA – R8-10 000
Jessi has been working for two years as an airhostess while studying her Bachelor of Administration part time.  Prior to this she studied a Pastel course and worked for an accounting firm, processing accounts and payrolls for three years.  Although she greatly values the experienced that she has gained dealing with people and literally thinking on her feet to solve problems, she has resigned her airhostess position and is looking for an office based position in which she can grow her career.  Jessi is extremely well presented, poised and has excellent people skills.  She would be ideal for any company that is wanting a hard worker, dealing with the public and doing administration.

Lindie- Junior Office/ Front Line- R6500
Lindie is stunning!  She completed her Bachelor of Communication Science last month with four distinctions for her four final year subjects, and is now looking at getting a position in which she can gain work experience and grow her career.  For the past five years Lindie has been working as a model, doing photo shoots for various retail groups and clothing lines, television commercials and promotions.  This experience has grown her as a person and she has excellent communication skills, and comes across and warm and friendly.  Although Lindie has limited office experience, she is computer literate, has her own car and is able to start as a temp and prove herself.  She is open to all opportunities where someone is happy to give her an opportunity- from reception and administration, to internal sales, HR and marketing, part time or full time- as long as she can deal with people!

John- Payroll/ HR- R12-15 000
John matriculated in 2006, and graduated from UKZN in 2009 with a degree in Industrial Psychology.  The following year he accepted a position as a payroll administrator with a large retail group, where he is currently still working.  John has done various VIP Payroll courses and is highly proficient on the package, paying over 1300 staff from various stores.  He is responsible for the full payroll function and reporting, submission of EMP201 and 501 to SARS and quarterly reporting to SARS as well as assisting with disciplinary hears and CCMA cases and general HR administration.  John is wanting to gain additional experience within a new environment, as he has only worked for this one company since entering the working world. 

Contact us today to meet with one of these dynamic applicants!
0317640787 or email kirsten@2r.co.za

(please note that names of candidates may be changed to protect their identity)

Drawing up a job description before you start looking for staff, may just save you a lot of time receiving the wrong CV’s and interviewing suitable people.

Drawing up a basic job description for all new appointments should not be a complicated and time consuming thing.  Once you have it in place, each time you appoint someone in that position, it is just a matter of reviewing and updating it.

The following are a list of questions that you should ask yourself when employing a new staff member, and in turn forms your job description.

COMPANY NAME: If you have a group of companies, which one will actually be employing the person?

ADDRESS:Where will the person be working from if you have more than one office

DEPARTMENT:

DIRECT SUPERVISOR:

EQUITY REQUIREMENTS:  Is this position affirmative action or do you have any equity requirements?

TITLE OF THE POSITION:  While in most cases this should be irrelevant because it is not what you are called, but what you do, but for the prospective employee it is an important selling point on why to apply for your job.  For instance, don’t call a sales administration position “telesales’ because this has a negative connotation.  Rather call it “Internal Sales”.

PURPOSE OF THE JOB In a nutshell, why are you employing someone?  What do you want them to achieve?

DUTIES: If there was a person in this position previously, ask them to make a list of their duties.  People love to make themselves look important and will often give you more than enough detail.  Once they have done this, you can then edit it and add anything additional you would like the new person to do.  If there is no one who can make up this list for you, brain storm the things the person will have to do, and give it to subordinates and colleagues and ask for their input.  The last line should read, “and any other reasonable and lawful instruction asked of you”.  Why not start by asking all of your staff to give you a detailed list of their duties, to keep on file, today?

COMPUTER PACKAGES:What computer packages, switchboard does the person need to know

QUALIFICATIONS & EXPERIENCE:What qualifications and experience does the person have to have, and what would be nice to have?  Is there a perfect industry or background that the person should have?

WORKING HOURS:Is it a five or six day week?  Do they get a lunch break?  Is there a lot of overtime?  This is important for staff that are in a lift club, have children in aftercare etc.

ANNUAL LEAVE: Standard would be 15 working days, but some companies offer more or bonus leave for long service.  It is also important to mention if leave is compulsory or banned at a certain time such as December.

SALARY:

Basic Monthly Salary                       ______________________

Medical Aid                                        ______________________

Pension                                                ______________________

Car Allowances                                 ______________________

Petrol Allowances                            ______________________

Cell Phone Allowance                    ______________________

Commission structure                    ______________________

 

GENERAL YES/ NO QUESTIONS

Does the person need their own car                                                                   YES/NO

Does the person need to work late on a regular basis                                     YES/NO

Does the person need to travel regionally on a regular basis                        YES/NO

Does the person need to travel nationally on a regular basis                        YES/NO

Does the person need to travel internationally                                                YES/NO

Will the person supervise staff                                                                            YES/NO

Is there a lot of career growth for the employee from this position            YES/NO

 

DATE POSITION NEEDS TO BE FILLED BY:

 

DATE CURRENT EMPLOYEE LEAVES:

 

DATE NEW EMPLOYEE STARTS:

 

Next time you have a position that needs filling, why not have one of our consultants come over and meet with you and take down the job spec and help you develop the job description?

 

The law states that we may not unfairly discriminate against job applicants.  This means that an interviewer may not show favour, prejudice or bias for or against a job applicant on the basis of for example, race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth.

 

There are certain situations where the law allows for fair discrimination.  These are:

• Discrimination based on affirmative action (ie employing designated groups such as blacks/ woman in order to achieve equity);
• Discrimination based on inherent requirements of a particular job (eg one may discriminate against someone applying for a position as an air pilot, who has poor eye sight);
• Compulsory discrimination by law (eg one may not employ children under 15 years); and
• Discrimination based on productivity (eg one may give increases based on merit).

 

There are two kinds of unfair discrimination: direct and indirect.

Direct discrimination is easy to identify (when woman are paid less than men for the same position).  Indirect discrimination is more subtle and involves the application of policies and practices that are apparently neutral and do not explicitly distinguish between employees and job applicants but that, in reality, have a disproportionate and negative effect on certain individuals or groups.

 

The following are a few requirements that I am often given, or questions that are often asked of my candidates in interviews, and examples and reasons why they have little benefit to the employer, and may put them at risk of finding themselves at the CCMA

• “How many children do you have?” A better question to ask would be, “Are there any family commitments that would prevent you from attending work and performing your functions to the best of your ability?” Some people with four children may put their careers first, while others with no children may have no commitment to work.
• “Are you planning on having more children?” This a pointless question, because anyone who is, would probably deny it in the interview. I recently placed a divorced woman of 40 with two teenagers, and six months after she started her new job she discovered that had fallen pregnant – unplanned….
• “How old are you?” In my opinion, age is a state of mind. Some 45 year old act and look like they are 30, and some 30 year olds looks and act like they are 60!  Today, 45 year olds are getting married and starting families, as are 18 year olds.
• “What religion are you?” Some of us have a very strong faith, and would rather employ someone of the same faith, but religion should not come into the workplace, and by asking this question, you are opening yourself up to a CCMA case!

 

There is a skills shortage out there, so don’t limit the chances of finding the best candidate, by placing unnecessary criteria.  Rather look for the right attitude and the right skills.  If you are worried about employing someone with the same negative trait of a current/ past employee, reference check the candidates on these points and do behavioral profiling (I can send you more details on this if you are interested).

 

The maximum award at the CCMA, for a candidate who claims that the they did not get a position because they were unfairly discriminated against in the interview, is 24 months salary.

 

 

 

We are half way through September and already we have seen some stunning candidates!  Here are a few of them.  If you would like to see their CV’s in detail, or have any other positions that you would like assistance with, give us a call on 031 764 0787 or email kirsten@2r.co.za

 

Justine- Accountant- R25 000

Justine completed her BCom through the University of Natal, and then went on to complete her articles.  She has a Diploma in Management Accounting, and is studying her advanced diploma, which she hope to complete this year.  She has worked on MS Office, including advanced Excel, as well as Pastel, SAP and MFGPRO.  For the past five years, since completing her articles, Justine has worked as Accountant for an international FMCG manufacturing company.  They are centralizing the accounts department at the end of the month, and she will be retrenched, and is available immediately for temp and permanent positions.  Justine is a bubbly, friendly person who has supervised staff, is used to extensive reporting to head office and is passionate about accounts!  Justine is excellent value for money, with a stable career history, and won’t be on the job market for long!

 

Paul- Mechanical Engineer- R15 000

It’s always refreshing to interview a young candidate who has a good work ethic and is passionate about his field of work!  Paul completed his Mechanical Engineering Diploma in 2014, after completing his two years in-service training through Sappi.  At the end of the year he was offered another year contract on the management team, as a junior mechanical engineer which is due to come to an end at the end of the year, although he is available with two weeks’ notice.  Paul is planning on doing his BTech part time, and is looking for any position that will further his career.  He is well presented and outgoing, and would equally suite a technical sales position, as he would a more hands on position, working with machinery, which is what he is used to doing.

 

Hannah- Junior Sales- R5000

Hannah is one of a few lovely, young, well presented girls that we have interviewed recently.  She matriculated in 2014 from an Upper Highway School, and studied the first half of this year, while doing various promotions, au pair and hospitality related jobs.  She is confident, front line and loves dealing with the public.  Hannah is now wanting to get her career started, and is looking for a position in junior sales- be it internal, external, counter or retail- where she can be trained and mentored to put her excellent people skills to use.  Hannah is computer literate, has her own car and is available immediately.

 

Penny- Sales/ Purchasing/ Office Administration- R12 000

Penny lives in the Pinetown area and has her own car.  Penny has a very stable CV and has been with her current employer for almost nine years, and feels that it is time for a change!  She currently works on Pastel, and the Pastel BIS software, doing all international purchasing and tracking of orders, liaising extensively with shipping agents, suppliers and the directors to ensure that orders are received on time.  In addition to this, she works very closely with the Finance and Sales Director, as their PA and administration assistance, to ensure that the business runs smoothly.  Penny is well presented and friendly, but she has a quiet manner about her that inspires confidence that she will get things done and can be trusted with the task at hand.  If you are looking for a stable, yet dynamic worker, who comes with no drama, Penny is your person!

 

Judy- Credit Controller- R15-17 000

Judy has a very strong, dynamic personality, that is always well suited to a credit control position!  She has completed a bookkeeping qualification and studied Credit Management IV through the Institute of Credit Management.  She has worked on a variety of computer systems including Pastel, Accpac and Sage.  Judy spent the last ten years working for one company as a Senior Credit Controller, and prior to that worked for an FMCG company for four years as a credit manager.  She is used to working with large credit books and on complicated recons.  If you are wanting a driven, goal orientated person to come in and get your debtors department up to date, Judy is ideal!

 

Give RESOURCE recruitment a call today on 031 764 0787 to view these CV’s in detail, or email kirsten@2r.co.za