The New Code of Practice: Dismissals

The new Code of Good Practice on Dismissal came into effect in South Africa on 4 September 2025, replacing previous codes and unifying dismissal procedures for misconduct, incapacity, and operational requirements into a single framework.

This updated code aims for a more practical, streamlined process, offering increased flexibility for small businesses while maintaining protections for employees.

Key changes include a new dedicated small business section and the consolidation of previously separate guidelines for dismissal categories into one unified document.

Purpose & Interpretation

Instead of separate codes for misconduct, incapacity, and operational requirements (retrenchment), all are now governed by a single, integrated Code of Good Practice.

Its purpose is to provide guidance to employers, employees, trade unions, and persons applying the code on their legal obligations.

The code is intentionally general, acknowledging that each case is unique.

The code now acknowledges that different approaches to dismissals may be warranted, in different environments.  An example would be large companies, to companies that employ only one or two people.

The key principle behind the Code of Practice on Dismissals is Employers and Employees should treat one another with mutual respect.  The code places a premium on:

  • Employment justice
  • Efficient operation of the employer’s business
  • Speedy resolution of disputes.

It acknowledges that while employees should be protected, employers are entitled to satisfactory and work performance by their employees.

The new code aims to be easier to understand, using more common terms like “retrenchment” over “dismissal for operational requirements”.

Download a full copy of the Code here: New Code of good conduct on Dismissals 040925.

The information on this blog is for general informational purposes only and does not constitute legal advice. It is not a substitute for professional legal counsel, and you should consult with a qualified legal professional for advice tailored to your specific situation. 

Know Your Rights: Legally, what should employee personnel files contain?

What employment records must Employers keep, and for how long?

1)  Every employer must keep a record containing at least the following information:

(a) The employee’s name and occupation;

(b) the time worked by each employee;

(c) the remuneration paid to each employee;

(d) the date of birth of any employee under 18 years of age; and

(e) any other prescribed information.

 

(2)  A record in terms of subsection (1) must be kept by the employer for a period of three years from the date of the last entry in the record.

 

(3)  No person may make a false entry in a record maintained in terms of subsection (1).

 

(4)  An employer who keeps a record in terms of this section is not required to keep any other record of time worked and remuneration paid as required by any other employment law.

 

Know Your Rights: Contracts of Employment

Are you giving your Employees all the required details in writing?

(1)  An employer must supply an employee, when the employee commences employment, with the following particulars in writing:

(a) the full name and address of the employer;

(b) the name and occupation of the employee, or a brief description of the work for which the employee is employed;

(c) the place of work, and, where the employee is required or permitted to work at various places, an indication of this;

(d) the date on which the employment began;

(e) the employee’s ordinary hours of work and days of work;

(f) the employee’s wage or the rate and method of calculating wages;

(g) the rate of pay for overtime work;

(h) any other cash payments that the employee is entitled to;

(i) any payment in kind that the employee is entitled to and the value of the payment in kind;

( j) how frequently remuneration will be paid;

(k) any deductions to be made from the employee’s remuneration;

(l) the leave to which the employee is entitled;

(m) the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;

(n) a description of any council or sectoral determination which covers the employer’s business;

(o) any period of employment with a previous employer that counts towards the employee’s period of employment;

(p) a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.

 

(2)  When any matter listed in subsection (1) changes:

(a) the written particulars must be revised to reflect the change; and

(b) the employee must be supplied with a copy of the document reflecting the change.

 

(3)  If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands.

 

(4)  Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.

Download your free template here: Sample – Employment Contract

Know Your Rights: Lunch Breaks

How many meal intervals should Employees be given?

1)  An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour.

 

(2)  During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee.

 

(3)  An employee must be remunerated—

(a) for a meal interval in which the employee is required to work or is required to be available for work; and

(b) for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the work­place is situated.

 

(4)  For the purposes of subsection (1), work is continuous unless it is interrupted by an interval of at least 60 minutes.

 

(5)  An agreement in writing may—

(a) reduce the meal interval to not less than 30 minutes;

(b) dispense with a meal interval for an employee who works fewer than six hours on a day.

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.]

Avoid These Top 5 Mistakes When Registering on Job Portals

Avoid These Top 5 Mistakes When Registering on Job Portals

Avoid These Top 5 Mistakes When

Registering your CV on Job Portals

 

In today’s competitive job market, job seekers often turn to online job portals as a primary tool in their search for employment. While these platforms can be incredibly useful, there are common mistakes that many job seekers make during the registration process that can hinder their chances of success. To help you out, here are the top 5 mistakes to avoid:

 

  1. Incomplete Profiles: One of the biggest mistakes job seekers make is not filling out their profiles completely. Employers often use search filters to find suitable candidates, so having an incomplete profile could mean you’re missing out on potential opportunities. It can be time consuming, especially if your internet connection is slow, but you only have to do it once, so to it fully and completely.

 

  1. Using an Inappropriate Email Address: Your email address is often the first impression a potential employer will have of you. Using unprofessional email addresses (like “partylover123@example.com”) can give off the wrong impression. Stick to a simple and professional email address with your full name if possible.

 

  1. Ignoring Keywords: Many job portals use algorithms to match candidates with job postings. Make sure your profile and resume contain relevant keywords related to your industry and the positions you’re interested in to increase your chances of being found. Key words would include technical terms, computer software systems, and skills. (Read more about Key Words here)

 

  1. Applying to Every Job: While it can be tempting to apply to as many jobs as possible, it’s essential to tailor your applications to each position. Sending out generic applications may come across as disingenuous and could harm your chances of standing out to recruiters.

 

  1. Neglecting to Network: Job portals are a valuable resource, but networking is equally important in the job search process. Connect with professionals in your industry, attend job fairs, and engage with relevant online communities to expand your opportunities beyond what job portals can offer.

 

By avoiding these common mistakes, you can enhance your online presence, increase your chances of being noticed by employers, and ultimately find success in your job search. Remember, attention to detail and a strategic approach can go a long way in standing out in today’s competitive job market.

Drafting a Comprehensive Job Description

Drafting a Comprehensive Job Description

When putting together a job description, it’s important to include essential elements that provide clarity for both the hiring organization and prospective candidates. Here’s a comprehensive list of key items to consider:

  1. Job Title

  • A clear, concise title that accurately reflects the role and its level within the organization.

  1. Job Overview/Summary

  • A brief summary of the role and its primary purpose within the organization.
  • Should provide a high-level view of what the job entails and its importance to the company’s goals.

  1. Key Responsibilities and Duties

  • A detailed list of the job’s main responsibilities and tasks.
  • Include both daily tasks and larger, ongoing duties.
  • Use bullet points for clarity and focus on actionable duties.
  • Mention any leadership, team collaboration, or independent work expectations.

  1. Required Qualifications

  • Education: Minimum educational requirements (e.g., high school diploma, bachelor’s degree, etc.).
  • Experience: The required or preferred number of years in the field or a similar role.
  • Skills: Specific technical or soft skills (e.g., software proficiency, communication skills, etc.).
  • Certifications/Licenses: Any certifications or licenses necessary for the role (e.g., PMP, CPA, etc.).

  1. Preferred Qualifications

  • Additional skills, experience, or qualifications that are not mandatory but would be beneficial for candidates to have.
  • This can include specialized skills, industry-specific knowledge, or extra certifications.

  1. Work Environment

  • Specify the type of work environment (e.g., office-based, remote, hybrid, field-based).
  • Mention any travel requirements, physical demands, or unusual work conditions (e.g., shift work, working in specific weather conditions, or with hazardous materials).

  1. Location

  • Where the job is based (city, state, country).
  • Mention if relocation assistance is provided or if the job can be performed remotely.

  1. Salary and Benefits

  • Salary Range: Provide a salary range if possible, or note if it’s competitive, based on experience.
  • Benefits: Include details about health insurance, retirement plans, paid time off, bonuses, stock options, etc.
  • Other Perks: Any unique perks (e.g., flexible hours, wellness programs, professional development opportunities).

  1. Company Overview

  • A short description of the company, including its mission, values, culture, and industry.
  • Highlight any benefits of working with your company (e.g., career growth, company culture, innovation).

  1. Working Hours

  • Clarify the expected working hours (e.g., 9 am to 5 pm, flexible hours).
  • Include information on any overtime or weekend work if required.

  1. Job Type

  • Full-time, part-time, contract, temporary, or internship.
  • If applicable, indicate if the position is permanent or seasonal.

  1. Reporting Structure

  • Indicate who the employee will report to (e.g., direct supervisor, department head).
  • If applicable, include information on the team or department they will be working with.

  1. Career Growth and Development

  • Opportunities for professional development, advancement, or mentorship within the role or company.

  1. Application Process

  • How candidates should apply (e.g., online submission, email).
  • Information about documents to be submitted (resume, cover letter, portfolio).
  • Deadline for applications if applicable.
  • Any next steps or interviews outlined.

  1. Equal Opportunity Statement

  • A statement that the company is an equal opportunity employer (EEO) and encourages candidates from diverse backgrounds to apply.
  • Highlight any diversity and inclusion initiatives or policies in place.

  1. Physical Requirements

  • If the role involves physical tasks (lifting, standing for long periods, etc.), mention these here.
  • Any specific equipment or tools that will be used, and if any special training or certification is required.

  1. Compliance and Legal Information

  • Any relevant legal statements, such as non-compete clauses, background check requirements, or drug testing.

Including these components will ensure that your job description is comprehensive, attractive to potential candidates, and clearly communicates the expectations and opportunities within the role.

5 Steps to Writing a Job Description

5 Steps to Writing a Job Description

5 Steps to Writing a Job Description

Creating a clear, effective job description is essential for attracting the right candidates. Here’s a simple 5-step process to help you draft a job description before you start recruiting:

  1. Job Title & Summary

  • Job Title: Choose a clear, commonly understood title that accurately reflects the role. Avoid internal jargon or overly creative titles that might confuse candidates.
  • Job Summary: Write a brief paragraph (2-3 sentences) outlining the primary purpose of the job. Include key responsibilities and how the role fits into the company’s overall mission.

  1. Key Responsibilities

  • List Core Duties: Include 5-8 main tasks or duties that the employee will be expected to perform. Start each bullet point with a strong action verb (e.g., “manage,” “create,” “analyze”).
  • Prioritize: Focus on the most important and frequent tasks, avoiding a long list of every possible task.

  1. Skills & Qualifications

  • Required Skills: Outline the essential skills, experience, and qualifications needed for the role (e.g., years of experience, specific technical skills, certifications), including computer software packages and if they are required to have a drivers license.
  • Preferred Skills: If applicable, include skills that would be nice to have but aren’t necessary to perform the job effectively.
  • Soft Skills: Don’t forget to mention soft skills, such as teamwork, communication, problem-solving, or adaptability.

  1. Job Location & Work Environment

  • Location: Indicate if the position is remote, hybrid, or based in a specific location.
  • Work Environment: Briefly describe the work setting (e.g., office-based, fieldwork, or collaborative team environment).

  1. Compensation & Benefits

  • Salary Range: Provide a salary range if possible, or state that it’s competitive based on experience.
  • Benefits: Highlight key benefits like medical aid, retirement plans, paid time off, professional development opportunities, and other perks.

By following these steps, you’ll have a clear and concise job description that accurately reflects the role and attracts the right candidates!

Tips on Keywords and How Job Portals Shortlist Candidates

Why Saving Your CV in a Searchable Format is Crucial:

Tips on Keywords and How Job Portals Shortlist Candidates

 

In the digital age, your CV is often the first impression you make on potential employers. To maximize your chances of landing your dream job, it’s essential to save your CV in a format that is easily searchable and optimized with relevant keywords. This blog explores why saving your CV in a searchable format is crucial, the importance of incorporating keywords, and how job portals use these keywords to shortlist candidates.

 

The Importance of a Searchable CV Format

  1. Ensures Accessibility: Saving your CV in a searchable format, such as .docx or .pdf (with text recognition), ensures that it is accessible to both hiring managers and applicant tracking systems (ATS). Unlike image formats (.jpg or .png), searchable formats allow text to be extracted and read by software, making it easier for your CV to be reviewed and ranked.

 

  1. Enhances Compatibility: Many job portals and company HR systems are designed to scan and analyze CVs submitted in searchable formats. Image formats are often unreadable by these systems, meaning your CV might not even be seen by a human recruiter if it’s not in the right format.

 

  1. Facilitates Text-Based Search: When your CV is in a searchable format, recruiters and ATS can easily search for specific keywords and phrases related to the job description. This functionality is crucial for your CV to be found among thousands of applications.

 

The Power of Keywords in Your CV

1. Increases Visibility: Keywords are terms and phrases that recruiters and ATS use to search for candidates with specific skills, qualifications, and experiences. By incorporating relevant keywords into your CV, you improve your chances of being found and shortlisted for job openings.

 

2. Aligns with Job Descriptions: Analyze job postings in your field to identify commonly used keywords and phrases. Ensure these keywords are naturally included in your CV’s job titles, responsibilities, skills, and achievements.

 

3. Examples of Effective Keywords:

 

Technical Skills: “Data Analysis,” “Project Management,” “JavaScript,” “SEO Optimization”

Soft Skills: “Leadership,” “Communication,” “Team Collaboration,” “Problem Solving”

Certifications: “Certified Public Accountant (CPA),” “PMP Certification,” “Certified Scrum Master”

Industry-Specific Terms: “Financial Reporting,” “Social Media Strategy,” “Customer Relationship Management (CRM)”

4. Use Variations and Synonyms: Employ different variations and synonyms of important keywords to ensure that your CV matches a wider range of search queries. For instance, use both “Digital Marketing” and “Online Marketing” if they are relevant to your experience.

 

How Job Portals Shortlist CVs

1. Keyword Matching: Job portals use ATS to scan and parse CVs based on keyword relevance. When you upload your CV, the ATS software searches for specific keywords related to the job posting. CVs that include these keywords are more likely to be flagged as suitable candidates.

 

2. Ranked Based on Relevance: ATS ranks CVs based on how closely they match the job description. CVs with a high density of relevant keywords and well-structured content are ranked higher, increasing the likelihood that they will be reviewed by human recruiters.

 

3. Analyzing and Filtering: The ATS parses CVs to extract relevant information such as skills, job titles, and experience. It then filters CVs based on predefined criteria. Ensuring your CV is in a readable format and includes pertinent keywords helps the system accurately assess your qualifications.

 

4. User Preferences: Some job portals allow recruiters to set specific preferences and filters, such as required skills or experience levels. By including these preferences in your CV, you increase the chances of your application aligning with the recruiter’s criteria.

 

Tips for Optimizing Your CV for Searchable Formats

Save in a Text-Based Format: Use .docx or searchable .pdf formats to ensure your CV can be read by ATS and recruiters.

Incorporate Relevant Keywords: Analyze job descriptions to include relevant keywords in your CV.

Use a Clear Structure: Organize your CV with clear headings and bullet points to enhance readability and keyword matching.

Regularly Update Your CV: Keep your CV updated with the latest skills, experiences, and industry-specific terms.

 

By adhering to these best practices, you not only enhance the readability of your CV but also increase its chances of passing through automated systems and catching the attention of recruiters. Optimize your CV today and pave the way for your career success.