Know Your Rights: Public Holidays

How Do I Pay My Staff For Public Holidays?

(1) An employer may not require an employee to work on a public holiday except in accordance with an agreement.

 

(2) If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay:

(a) an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day;

(b) an employee who does work on the public holiday:

(i) at least double the amount referred to in paragraph (a); or

(ii) if it is greater, the amount referred to in paragraph (a) plus the amount earned by the employee

for the time worked on that day.

 

(3)  If an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to:

(a) the employee’s ordinary daily wage; plus

(b) the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or any other method.

 

(4)  An employer must pay an employee for a public holiday on the employee’s usual pay day.

 

(5)  If a shift worked by an employee falls on a public holiday and another day, the whole shift is deemed to have been worked on the public holiday, but if the greater portion of the shift was worked on the other day, the whole shift is deemed to have been worked on the other day.

https://2r.co.za/public-holiday-pay-2/

With a public holiday coming up next week Wednesday, this is a very topical question!

  1. Do temporary workers get paid the public holiday?
  2. Can you force staff to work the public holiday?
  3. Can you swop Monday off, instead of Tuesday?
  4. Visit our website to find these answers and more!

https://2r.co.za/public-holiday-pay-2/

Know Your Rights: How is overtime calculated?

How should I be calculating my Employees Overtime?

(1)  Subject to this Chapter, an employer may not require or permit an employee to work—

(a) overtime except in accordance with an agreement;

(b) more than ten hours’ overtime a week.

[Sub­s. (1) substituted by s. 3 (a) of Act No. 11 of 2002.]

(1A)  An agreement in terms of subsection (1) may not require or permit an employee to work more than 12

hours on any day.

[Sub­s. (1A) inserted by s. 3 (b) of Act No. 11 of 2002.]

 

(2)  An employer must pay an employee at least one and one­ half times the employee’s wage for overtime worked.

 

(3)  Despite subsection (2), an agreement may provide for an employer to—

(a) pay an employee not less than the employee’s ordinary wage for overtime worked and grant the employee at least 30 minutes’ time off on full pay for every hour of overtime worked; or

(b) grant an employee at least 90 minutes’ paid time off for each hour of overtime worked.

 

(4)  (a)  An employer must grant paid time off in terms of subsection (3) within one month of the employee becoming entitled to it.

(b)  An agreement in writing may increase the period contemplated by paragraph (a) to 12 months.

 

(5)  An agreement concluded in terms of subsection (1) with an employee when the employee commences employment, or during the first three months of employment, lapses after one year.

 

(6)  (a)  A collective agreement may increase the maximum permitted overtime to 15 hours a week.

(b)  A collective agreement contemplated in paragraph (a) may not apply for more than two months in any

period of 12 months.

[Sub­s. (6) added by s. 3 (c) of Act No. 11 of 2002.]

Know Your Rights: Overtime: What are considered ordinary working hours, and paid at normal rates?

Know Your Rights:

Overtime: What are considered ordinary working hours, and paid at normal rates?

What the Law says:

Chapter 2, Section 2.3 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:

Ordinary hours of work.

An employer may not require or permit an employee to work more than—

(a) 45 hours in any week; and

(b) nine hours in any day if the employee works for five days or fewer in a week; or

(c) eight hours in any day if the employee works on more than five days in a week.

 

(2)  An employee’s ordinary hours of work in terms of subsection (1) may by agreement be extended by up to 15 minutes in a day but not more than 60 minutes in a week to enable an employee whose duties include serving members of the public to continue performing those duties after the completion of ordinary hours of work.

 

(3)  Schedule 1 establishes procedures for the progressive reduction of the maximum ordinary hours of work to a maximum of 40 ordinary hours of work per week and eight ordinary hours of work per day.

 

Daily wage payment.

(1)  An employee or a worker as defined in section 1 of the National Minimum Wage Act, 2018, who works for less than four hours on any day must be paid for four hours work on that day.

(2)  This section applies to employees or workers who earn less than the earnings threshold set by the Minister in terms of section 6 (3).

 

 

(You can download a full copy of the Act Basic Conditions of Employment Act No  here)

What the CCMA Says:

The CCMA also has a very useful Information sheet that breaks down all the relevant legislation    

Download a copy of the CCMA Information Sheet on the Working Time

 

Who Does this Chapter on Leave Apply To?

This chapter does not apply to senior managerial employees, employees engaged as sales staff who travel, and employees who work less than 24 hours a month.

 

More Resources on This Topic that May Interest You:

Code of Good Practice on the Arrangement of Working Time

 

Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice.  The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.

2024 Calendar

Important Dates in 2024 in KwaZulu Natal, South Africa

Follow the links below to download PDF versions of all your South African important dates, events, public holidays and more!

2024 important dates – website

2024 Calendar Calendars

Environmental_

Calendar

Metric_Information

Special Days to Remember

St. Valentine’s Day                                               Wednesday14 February

St. Patrick’s Day                                                   Sunday17 March

Mother’s Day                                                         Sunday 12 May

Father’s Day                                                          Sunday16 June

Casual Day                                                            Friday 06 September

Boss’s Day                                                             Wednesday 016 October

Birthstones & Flowers

January Garnet, Carnation

February Amethyst, Violet

March Bloodstone, Jonquil

April Diamond, SweetPea

May Emerald, LilyoftheValley

June Pearl, Rose

July Ruby, Larkspur

August Sardonyx, Gladiolus

September Sapphire, Aster

October Opal, Calendula

November Topaz, Chrysanthemum

December Turquoise, Narcissus Wedding

The Future of Recruitment

They say that it takes 21 days to make a habit and 90 days to make a lifestyle.

At the beginning of March 2020, a lot of companies started social distancing and started moving to virtual meetings, and a lot of our clients offered virtual interviews to job seekers who were not comfortable with face to face meetings.  It certainly was an interesting venture to embark on, and people around the world were suddenly trying to figure out how to host a meeting, what software was the most professional, and what etiquette to put in place to make the meetings and interviews as professional as possible. 

By the middle of April, most companies had passed the 21 days and the habit was firmly entrenched in the business practice.  More than being a way that they had to operate to merely function, virtual meetings have become a welcomed connection with colleagues, staff and clients.  Many festivals and conferences have gone virtual, and the exercise industry has exploded into the virtual meetings space.  In short, for most people, connecting on Zoom, Google Meet, Google Hangout, WhatsApp Video Calls, Teams, Skype or similar platforms, has become to equivalent to popping into the office next door, or catching up over a coffee to discuss an idea.

Whether or not you are going back to work in June, Social Distancing is here to stay for the rest of the year, to a greater or lesser extent, and as we leave 2020, virtual meetings will be a part of normal business.

What this means for recruitment, is that the majority of job interviews are going to be done via video interview in the future, especially as a first-round interview.  Some of the advantages to virtual interviews are that employers can now look at applicants out of the area; at applicants that could not get time off work to attend an interview; they are able to record interviews easily to refer back on; they are able to conference in more that one manager to interview, and it is far more efficient on time management and productivity. 

What this means to job seekers, is that if you want to position yourself ahead of other job seekers, you need to be proactive and get comfortable with virtual interviews.  RESOURCE recruitment has been doing virtual interviews throughout lockdown, assisting and coaching job seekers on this new platform, and the response has been unanimously positive and motivating for job seekers.

In January 2020, if you had tried to fax your CV or look in the Sunday newspaper for a job, you would not have been highly effective in securing interviews and employment.  That is how things were done 20 years ago.  It is time to evolve and embrace the new technology.  Create a professional online presence on platforms such as LinkedIn, load your CV onto job portals, and get comfortable with virtual interviews.  You will be pleasantly surprised at how this new change in the way things are done, benefits you.

“Change is the law of life. And those who look only to the past or present are certain to miss the future.”. — John F. Kennedy.

Why use our Recruitment Agency?

  1. We have a wealth of knowledge and experience.

RESOURCE recruitment was established in 2002, after the owner, Kirsten Glen, has been working in the industry for a number of years.  RESOURCE recruitment prides itself in having an exceptionally low staff turnover, which means that our consultants have developed long term relationships with our clients, and are seasoned professionals in the industry.  Our team interviews job seekers all day, every day, and consultants with our clients on their requirements and job specifications.  This experience translates into being able to often detect irregularities and discrepancies in applicants CV’s and reasons for leaving jobs, and often insights into the best person to fit our client’s vacancies.

 

  1. We save you time and make your recruitment efforts more efficient

There is often a misconception out there that the market is flooded with job seekers.  While this may be the case to a certain extent, it does not mean that the market is flooded with good applicants with the required skills, experience and work ethic that you are looking for.  With the volume of job seekers that we interview, and have interviewed over virtual interviews throughout lockdown, we have an extensive database of job seekers that have been reference checked and screened, saving you time and getting you straight to the interview stage!  We pride ourselves on always striving to get you CV’s within 24 hours of receiving your applicant requirements.

 

  1. We thoroughly background check all our applicants.

Having been in the industry for over 20 years, it still amazes me that recruitment agencies still market CV’s to their clients, without having interviewed the job seekers.  In a world inundated with fraud, it is essential to do extensive background checks- telephonically with previous employers, ITC and criminal checks, as well as ID, drivers and qualification checks where needed.  If you are wanting a mentally healthy employee, and one who hold the morals and values of your company heart, and will fit into the team, it also means checking their social media footprint and obtaining a clear character assessment.  We also offer psychometric tests, if this is something that you value.

 

  1. We are flexible

RESOURCE recruitment has been operating for almost 20 years, but we are still a small, personal business at heart.  This means that we cut the red tape, and meet our clients in the recruitment process, where they need us.  We are constantly innovating and adapting to the constantly changing marketplace; researching new jobs and industries, advertising on new platforms and trying new assessments and recruitment methods.  We also have a variety of flexible fee options, including our “Employ Now, Pay Later Option”  (DM us for more details)

 

  1. We are leaders in e-recruitment

We are aware that you need to be on every platform possible, to attract the best applicants for your job, so we have worked extensively over the past decade to build a huge following on Facebook (over 20 000 followers), LinkedIn, Twitter and Instagram; in addition to our bulk mailer of over 35 000 active job seekers and a WhatsApp Broadcast list of 10 000, in addition to the traditional job portals that all employment agencies use.  We do not know of another local employment agency that comes close to competing with our e- footprint, which means when you let us submit CV’s for your vacancy, we submit different applicants, from a fresh new source.

 

  1. We are passionate about what we do!

Words cannot portray exactly how much we love our jobs and what we do.  We are passionate about helping both clients and job seekers and are very aware that we have the ability to change the lives of both, and take the whole process incredible personally.  We see ourselves as being partners in our client’s businesses and the careers of our candidates.  We are so excited about showing you what we can do!

 

 

 

Let’s Chat

The world is changing and so is the way we do business.  2020 has seen businesses globally, from big to small, being given the “virtual shove” into changing the way that they do things- working remotely and communicating electronically.

 

Since the day I opened RESOURCE recruitment almost 20 years ago, we have prided ourselves on being leaders in e- recruitment. With a Facebook Following of over 20 000 job seekers, almost 10 000 connections on LinkedIn and a Bulk Mailer of 35000 active job seekers (in addition to the regular online portals most employment agencies use), we have a very big digital footprint.  All that being said, I have always been adamant (and still am) that we need to maintain the human connection and personally meet our clients and candidates, get to know their businesses and them as people, and not be tempted into communicating exclusively electronically.

But, 2020 has had different ideas for me, and I am being forced to grow and evolve and embrace video meetings like Skype and WhatsApp Video Calls.

Here are some tips that I have researched that will help you prepare and ace your next video job interview!

  1. Dress to impress
    It is so tempting to not dress up for your interview, if you are sitting at home in casual wear.  There are two reasons why you should dress to impress.  The most important is the way that it makes you feel when you power dress in a smart outfit, versus the t-shirt you were going to wear.  The second is that research shows that on video job interviews, the details are amplified.  The person on the other side of the camera is more likely to notice your makeup, earrings and nail polish; than a person would face to face.  I have also read that shades of blue, black and white are the best colours to wear, because red, orange, yellow does not always appear good to other screens.

 

  1. Avoid interruptions

Most important- PICK A QUIET SPOT WITHOUT INTERRUPTIONS.  Tell people that you are having a video meeting and that you cannot be interrupted.  If you can, lock the door so that no one walks in mid-meeting.  Personally, when I have tried to have a conversation with someone and there is a child screaming, or what feels like a party going on in their background, and I am battling to hear them, I get irritated at the lack of respect and professionalism that they are showing.  I can also only imagine how distracted they are feeling.

 

  1. Prepare your surroundings
    In a traditional interview, you are going to a company, or inviting them into your meeting room.  But on video interviews, you may be inviting them into your home.  Make sure that your backdrop is neat, uncluttered and does not reveal too much about you personally.  Be authentic.  I once had someone send me a video interview with some motivational books strategically placed on their desk to impress.  When I asked about their opinions on them, it was clear they had never even read them!

 

  1. Close other programs on your computer.
    Getting notifications during your interview is distracting and unprofessional. Before your interview, make sure all other windows on your computer are closed (especially if they make a noise).

 

  1. Look at the camera, not the screen.
    It is very tempting to watch yourself or your interviewer during a video session but looking directly at the video camera is the only way to maintain direct eye contact with your interviewer.

 

  1. Use notes, but not too many
    Don’t be afraid to help yourself with post-it notes or a copy of your resume handy when you interview. A benefit of having a video interview is that you can have a cheat sheet in front of you so that you don’t have to memorize everything and can keep your focus. However, avoid having scripts written out and being so concerned about the notes that you disrupt the flow and human connection of the interview by awkward pauses and papers flapping.

 

  1. Keep your profile professional.
    Unlike face-to-face interviews where your first impression is made by arriving well-presented and smiling as you shake someone’s hand, when you do a video interview it is different. The first impression is your profile, your username and your picture and before the call even clicks through you have made an impression. If your profile is not professional- create a new one.

 

  1. Watch your body language.
    Sit up straight, but keep your shoulders relaxed.  Chose a desk chair over a comfy couch.  Try not to fuss with your hair or fiddle with things on your desk.

 

  1. Practise makes perfect.
    The job interview itself or meeting is not the time to test the audio settings and internet connection and if your Skype is working.  Do that beforehand.  Video call some friends and ask them how you look, what the background looks like, and how they can hear you.  Get comfortable with seeing yourself as you talk to someone, and not getting distracted by that image, while you make a connection.

 

  1. Stay connected and engaged
    It’s easy to lose the connection with the person on the other side of the screen when you are talking too much, or not to notice when their interest has been lost.  Try have a two-sided conversation, rather than launch into long speeches.

 

This is new to us too, so we would love to hear any hint, tips and hacks you may have for video interviews or any experiences that you would like to share.

CV Fraud Punishable by Law

In August 2019 an Amendment to the National Qualifications Framework Act was gazetted, which will have a direct impact on job seekers and employers.  Among other things, the act makes direct mention of job applicants and employees misrepresenting themselves on their CV’s and job applications, and such misrepresentation may be punishable by fine and/ or imprisonment.

 

Below is a summary of what the amendment says with regards to this.  If you would like a copy of the amendment, please feel free to email us or visit the department of labours website (www.labour.gov.za)

 

A person will be deemed guilty of an offense if:-

  • A person makes or causes to be made a false entry in the national learners’ records database; is a party to the falsification of; or with a fraudulent purpose, knowingly provided false or misleading.
  • A person or training provider is guilty of an offence if they claim to be offering a qualification or part qualification registered on the NQF whereas that qualification or part qualification is not so registered.
  • A person is guilty of an offence, if they falsely or fraudulently claims to be holding a qualification or part-qualification registered on the NQF or awarded by an education institution or obtained from a lawfully recognised foreign institution.
  • Any person or training institution is guilty of an offence if it falsely claims to be registered and accredited as an education institution.

If a person or training institution is convicted of any offence under this Act, the court that imposes the sentence shall consider as an aggravating factor the fact that the offence was—

  • committed with the intent to gain financially, or to receive any favour, benefit, reward, compensation or any other advantage; or
  • gained financially, or received any favour, benefit, reward, compensation or any other advantage.

Any person convicted of an offence in terms of this Act, is liable to a fine or to imprisonment for a period not exceeding five years, or to both fine and such imprisonment.

The National Minimum Wage Act

 

The National Minimum Wage Act

As of January 2019, the first ever National Minimum Wage Act came into effect, and while most employers have embraced this initiative, we thought that we would give you a summary to re-cap.

 

What is the rate?

The legislation stipulates a minimum national rate of R20 per hour, or R3 500 per month, depending on the number of hours worked.

The R20 an hour rate will be phased in slowly in the agriculture and domestic work sectors, with workers earning R18 and R15 per hour respectively.  Employees who are on volunteer programs or learnerships are exempt from the act.

This means

DAILY MINIMUM WAGE         R20 x 8 hours = R160  or R20 x 9 hours = R180

WEEKLY MINIMUM WAGE     R20 x 40 hours = R800 or R20 x 45 hours = R900

MONTHLY MINIMUM WAGE R800 x 4.333 = R3 466.40 or R900 x 4.333 = R3 899.70

 

Employees are also entitled to be paid for a minimum of 4 hours, even if they work fewer.

Allowances that make an employee able to work such as tools; equipment; transportation and accommodation) will have these allocations included when calculating their wage; as will bonuses, incentives, tips and gifts be excluded from the minimum wage.

No employee may make deductions in excess of 25% of the employee’s remuneration.

 

When did it become law?

 The National Minimum Wage will be applicable and enforced as from 1 January 2019

 

What happens if you do not pay the minimum wage of R20.00 an hour?

The minimum wage is law, so if you do not pay it, your staff can report you to the department of labour or the CCMA.  Even if your staff agree to work for less, or to get paid for fewer hours than four hours, they are still legally entitled to it, as it falls under the Basic Conditions of Employment Act.

The Act does allow for an employer to make an application to be exempt from paying the minimum wage, for not longer than one year.

 

When will the Minimum Wage Increase?

The Act states that the minimum wage must be reviewed after 18 months and increases in two years.  The review will specifically take into account inflation, productivity, the effect on employment and businesses ability to cope with the increase in wage expenses.

 

If you would like a copy of the National Minimum Wage Act, you can obtain one from the Department of Labour’s Website.  (http://www.labour.gov.za/DOL/legislation/acts/national-minimum-wage/national-minimum-wage)

It’s time to Embrace Generation Z

As managers and recruiters, we just thought that we had Millennials figured out, and then Gen Z arrived, and we are going to have to change the way that we do business again!

Generation Z (also known as Post Millennials or iGen) are those people roughly born between 1995-2010, in other words, the 18-23 year olds that we are recruiting and employing.  Like each generation before it, they have their strengths and weaknesses, and whether we like it or not, we “created” them and we are going to have to adapt to what they bring to the work place.

If you are wanting the management and motivation of these new recruits entering the work place to go smoothly, then it’s important to educate yourself on what to expect.

How Generation Z Differs from Millennials

  1. Less Focused

This is probably one of the biggest criticisms that we get from employers of junior candidates, “They just totally lack initiative and work ethic”.  Your typical Gen Z appears to get bored and lose interest with a complicated project, ands the more you try and challenge them to grow, the less they seem to embrace these projects.  Millennials on the other hand, loved being given a project from start to finish, and having that sense of accomplishment and autonomy.

Gen Z processes information faster than other generation thanks to Google, YouTube, Social Media and a host of other apps, so they have never needed to stick to a task as long a someone who did a school project using a stack of books.  You want the answer, ask them!  But you want a process seem through various steps and stages, and they are going to lose interest.  It’s a skill that can be learnt, but perhaps smaller projects with faster results is a place to start, and harnessing their ability to process information rapidly can be used to our advantage.

  1. Better Multi-Taskers

Although Gen Z can appear less focused than Millennials, while still at school they could create a document on their school computer, do research on their phone or tablet, while taking notes on a notepad, then finish it in front of the TV with a laptop, while face-timing a friend. You get the picture.

Gen Z can quickly and efficiently shift between work and play, with multiple distractions going on in the background…working on multiple tasks at once. Talk about multi-multi-tasking. Just think about how this kind of flow might reshape the office.

  1. Gen Z will approach education differently

In days gone by, you wanted to know something, you went and studied it through a training institution.  There was a lot of “academic snobbery” and you were shunned if you did not have a matric, and through a good school at that.  Over recent years, we have seen more and more job applicants doing their matric through home schools or correspondence, and studying via distance learning if at all.  Gen Z’s are coming of age in a time when you can get just about any information on google, watch a YouTube video or study on line.

This means that companies may need to change their policies on education requirements for certain positions, or they run the risk on missing out on the applicants that have the ability to learn and use their initiative that they need.

  1. Gen Z Is More Entrepreneurial

Everything about Gen Z speaks of their desire for independence and traces back to them coming of age during the 2008 recession.  They are not reliant on technology, they are technology.  This highly technical and socially networked group have a strong entrepreneurial spirit, and majority of teens today, dream of one day owning their own business.

  1. Gen Z Has Higher Expectations Than Millennials

Gen Z have never known playing solitaire on their PC, coming home to dial-up internet and stretching the telephone cord down the passage to get some privacy on a phone call. Generation Z was born into a world overrun with technology. What was taken as amazing and inspiring inventions, are now taken as a given for teens.  And then they are not fast and instant, they think something is wrong.  They will battle in a workspace where cell phone are banned and internet access is limited

  1. Gen Z Is Big On Individuality

Gen Z’ers were born social.  Nearly all of Gen Z has a digital footprint. This means they seeks uniqueness in all walks of life primarily through the brands they do business with, future employers, etc. As a manager this means that they are not looking to be one of the team, and forgotten.  They want to be treated like an individual and get the attention they deserve.

The biggest thing you can you to attract a Gen Z to your company?  Apparently, its flexible working hours.  Why would you want to work 8am-5pm, when you can pull out your digital device at 2am and get the work done, and sleep until 10am?

  1. Gen Z Is More Global

Millennials were considered the first “global” generation with the development of the internet, but as more of the world comes online — Generation Z will become more global in their thinking,

Although South African companies are keen to become part of a Global Market, they are not so keen to become part of a Global Employment Market, and are still reluctant to approach recruitment via Skype and Video interviews.  As more of Gen Z enter the workplace, this is something that may need to be embraced.

  1. Gen Z are addicted to their Digital Devices

Gen Z have never known a time before cell phones, digital devices and the internet.  They watch less TV and spend more time connecting on social media platforms, playing games and watching video content.  While this has a massive impact on marketing strategies and where you should advertise, it also has a huge impact on the workplace.  While you want to harness these technical knowledge, huge amounts of productivity can be lost.

Another sad reality of this digital generation, is a loss of team work and team moral.  In recent years, we have heard the increased complaints by employers, sometimes resulting in dismissal, of employees putting on headphones and settling down to work.  Headphones, while cutting out distracting noise, also prevents you from networking and collaborating with the person sitting next to you, which would ultimately lead to positive relationships being formed.

The Gen Z conversation is one that is going to continue as more of this generation enter the work place, and as technology continues to advances at such a rapid rate, it is said that his “15 year generations” are going to get shorter and split within themselves.  But knowing where each generation comes from, and what they seek, can assist us as manager to better motivate and manage them, and put policies in place to help guide them.

If you would like to learn more about Gen Z, have a watch at this hilarious Ted Talk by Jason Dorsey.

https://jasondorsey.com/tedx-talk-igen-gen-z/