How to Prepare for the New Labour Laws

Greig WhittonFounder, Evergrow

Paul CooleyFounder, Workplace Strategies

Webinar outline

• Umbrella sectoral determinations

• Minimum remuneration increases

• Temporary employment service providers

• Deemed full-time employment

• Full-time benefits for non-full-time employees

• Re-definition of discrimination

• Employment of foreign nationals

Umbrella sectoral determinations

• What does it involve?

− The Minister of Labour may publish employment terms and conditions that bind all

employers not already governed by an industry-specific sectoral determination

Umbrella sectoral determinations

• What should you do about it?

− Factor unexpected employment cost increases into growth plans

− Include an employment cost buffer when budgeting

Minimum remuneration increases

• What does it involve?

− The Minister of Labour may publish minimum wage increases on top of base

minimum wages

Minimum remuneration increases

• What should you do about it?

− Determine whether any salaries exceeding minimum wage are necessary

− Include an employment cost buffer when budgeting

− Prepare a contingency plan for work performed by highly paid employees

Temporary employment providers

• What does it involve?

− Legal proceedings, compliance orders, and arbitration awards may apply to both

temporary employment service providers and their clients

− Temporary employees contracted via a temporary employment service provider

may be deemed to be employees of the client

Temporary employment providers

• What should you do about it?

− Determine whether contracting temporary employment providers is still worthwhile

− Ensure that any temporary employees only perform temporary work

Deemed full-time employment

• What does it involve?

− Fixed-term employment must be justified in writing or be considered full-time

Deemed full-time employment

• What should you do about it?

− Ensure that any fixed-term employment can be justified

− Clearly specify the justification for any fixed-term employees in their contracts

Full-time benefits

• What does it involve?

− Non-full-time employees must be treated no less favourably than full-time workers

performing similar work (depending on their earnings and employment period)

Full-time benefits

• What should you do about it?

− Identify whether any non-full-time employees will be entitled to full-time benefits

− Plan and budget ahead to avoid unexpected employment costs

Re-definition of discrimination

• What does it involve?

− The definition of “discrimination” will be extended to unequal pay for equal work,

and any other arbitrary ground not otherwise listed in the Act

Re-definition of discrimination

• What should you do about it?

− Scrutinise all employee management practices to ensure that any differential

treatment won’t constitute discrimination

Employment of foreign nationals

• What does it involve?

− Foreign nationals will be excluded as beneficiaries of affirmative action

− You must use public employment services before employing foreign nationals

Employment of foreign nationals

• What should you do about it?

− Calculate the impact of excluding foreign nationals from affirmative action quotas

− Determine whether contracting foreign nationals is worth the potential hassle of

using public employment services

Need more help?

• Evergrow forums

• Evergrow labour guides

• Greig: 021 671 8225

• Paul: 076 299 7807