Employee rights proposed for film and TV industry workers

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of South Africa's...

FREQUENTLY ASKED QUESTIONS

What are the main sources of employment law?

The Constitution of the Republic of South Africa, 1996, the Labour Relations Act 66 of 1995 (“the LRA”); the Basic Conditions of Employment Act 75 of 1997 (“the BCEA”); the Employment Equity Act 55 of 1998 (“the EEA”); and judical precedents.

What is the difference between Labour Law and Employment Law?

Both Labour and Employment Law look at the legal relationship between employer and employee; and in particular the legislation that governs that relationship.

Who or what exactly is “an employee?”

The Basic Conditions of Employment Act and The Labour Relations Act define an employee as; “any person who works for another person or for the State and receives remuneration.” As one can see that is a very broad definition. This covers any person who, in any manner assists in carrying out or conducting the business of an employer; excluding an independent contractor; who is considered to be self-employed.

Therefore; if a person works only part time for another person, this does not exclude him/her from being regarded as an employee under the employment legislation

What are the various types of statutory leave available to employees?

Annual leave, sick leave, family responsibility leave and maternity leave

How many leave days per category is an employee entitled to?

Annual leave

At least 21 consecutive days following the employee’s date of employment or the completion of the employee’s prior leave cycle; or one day for every 17 days worked or one hour for every 17 hours worked.

The 21 consecutive days leave entitlement simply means that the number of work days within the 21 consecutive days is the number of work days that the employee must be granted on full pay for annual leave purposes. The working days will be fifteen in respect of employees working a five-day week and eighteen in respect of those working a six-day week.

Can an employer withhold leave pay from an employee who gives 24 hours notice and is owed leave pay by the employer?

No. Section 40 of the BCEA makes it clear what payments must be made to employees upon termination of employment, and this includes outstanding leave pay.

The only way around this is if it is inserted into the employment contract as a condition of employment that, should the employee contravene the provisions regarding the period of notice required, then the employer would be entitled to withhold salary or leave pay in lieu of notice. Fortunately for employers in the electrical contracting industry, the collective agreement allows for the employer to recover the notice pay from money owing to the employee.

FAQ

Employee rights proposed for film and TV industry workers

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of South Africa's...

Employee rights proposed for film and TV industry workers

Employee rights proposed for film and TV industry workers

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of South Africa's...

What you need to know about sick notes

What you need to know about sick notes

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New leave laws may increase mine employee costs

New leave laws may increase mine employee costs

The implementation of the Labour Laws Amendment Act from 1 January 2020 is welcome from an equality perspective but may have cost implications for mining companies. From 1 January 2020, South Africa’s workplace environment celebrated a breakthrough in the push for...

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