How to mediate a dispute between employees,meditation timer free,culture change and long term care - PDF 2016

07.02.2016
Author, spiritual guru to the stars and Republican congressional candidate Shmuley Boteach says he wants to help his potential Democratic opponents who are currently embroiled in a nasty attack ad-filled primary battle.
King's sons, Dexter and Martin III, who control his estate, last year asked a judge to order their sister, Bernice, to surrender King's Bible and 1964 Nobel Peace Prize, which they intended to sell to a private buyer.
Earlier this year, a Georgia judge ordered mediation to resolve the dispute after lawyers for both sides said they were close to an agreement. But with Carter now set to help the family come to an agreement, King's children seem optimistic about a possible resolution.
The European Commission has stepped into the row between a European consortium and the Panama Canal Authority. Antonio Tajani, deputy president of the EC, has started a process of mediation between the two parties as the dispute over expansion works on the Panama Canal continues to rumble on.
Panama hired the consortium, Grupo Unidos por el Canal, in 2009 to build a third set of locks in the canal for $3.1bn.
When finished, it would allow the Central American nation to quadruple its yearly income of $1bn from toll fees it charges to shipping firms that use the maritime shortcut. But the consortium, which is 96%-controlled by Spain's Sacyr SA and Italy's Salini Impregilo SpA, threatened in December to halt construction, by the end of Monday, if not paid an extra $1.6bn for cost overruns it says were unavoidable. GUPC also said in its latest proposal that it was suspending its threat to halt construction altogether. Collective agreements Workplace-based collective agreements Enforcement of a workplace-based collective agreement Bargaining Council AgreementsHow are Bargaining Council Agreements made? Apply for condonation if the referral is late The conciliation meeting Who can represent employees and employers in a conciliation meeting? IntroductionThis chapter covers laws in South Africa which directly affect the working conditions of employees as well as disputes in the workplace and ways of resolving these. If you agree to work for someone, and that person agrees to pay you for this work, then you and the employer have entered into a contract of employment. The type of work that you must do, hours of work, wages, a place to live (where appropriate), and so on can all be part of your agreement with your employer. Even if you and the employer did not talk about some terms and conditions of employment, for example, taking annual leave, and it is the custom that all employees take annual leave, then you can also take annual leave. If an employee can't read, the particulars must be explained in a language the employee understands. If you have a contract, but you do not do what was agreed in the contract, then you break the contract.
A contract of employment must comply with terms and conditions of employment in the Basic Conditions of Employment Act (BCEA), Bargaining Council Agreement or collective agreementor Sectoral determination (depending on what the employee is covered by), and any other laws which protect employees such as the Labour Relations Act and the Occupational Health and Safety Act. If an employee is covered by the BCEA, terms and conditions of employment in the BCEA override those in any contract of employment which are less favourable to the employee than those in the BCEA. If the employer breaks a contract of employment, then an employee can sue the employer in a civil court case for breach of contract or can refer the dispute to the Department of Labour (for example if you have not been paid your annual leave or overtime payment). The employee is always entitled to at least the terms and conditions in the Basic Conditions of Employment Act (BCEA). Changing the contractAn employer can change the contract even if the employee does not agree to the changes.
Refer a dispute to the CCMA or Bargaining Council in terms of section 64(4) of the Labour Relations Act. Refer a dispute to the CCMA or the Bargaining Council (if one is in that industry) for conciliation. Indefinite contractsMost employment contracts are indefinite contracts.This means that when a employee starts working for the employer, no-one knows when the contract will end but it is expected that the employment will continue until the employee reaches the retirement age of the company.
Fixed-term contractsIf the employee and the employer both agree at the start of the contract that the contract is going to end within a fixed period or when certain work is completed, then it is a fixed-term contract. Contract employees and seasonal employees are two kinds of employees with fixed-term contracts.
It often happens, particularly on the farms, that the employer goes to other areas to get people to work on the farm on a temporary basis. For both contract employees and seasonal employees, the employer must pay employees for the full contract time, even if there is no more work for the employees to do.
The employer cannot stop the fixed term contract earlier than the contracted period unless the contract makes provision for this.
Bonus pay'Bonus pay' means money paid to employees which is over and above their wages and overtime money. Long Service AwardsThe law does not say that employers must pay long service money to employees who worked for a long time for the same company. Job ReferencesA job reference letter is a letter from an ex-employer saying whether the employer thought the employee was a good employee or not. Laws about terms and conditions of employmentThere are different laws about conditions of employment.
The Merchant Shipping Act covers conditions of employment for employees who are at sea within South Africa's territorial waters while members of the National Defence Force, the National Intelligence Agency, and the South African Secret Service are covered by different laws. Remuneration: - describes minimum wages for different categories of employees and includes monies received by the employee excluding ex gratia payments or bonuses paid at the discretion of the company. Piece-work means that an employee is paid for the number of items produced and not for the hours worked. Dispute resolution - the Labour Relations Act allows employees and employers to collectively agree to dispute resolution procedures that differ from those in the Act. If there are any particular terms or conditions of employment that are not specified by a Bargaining Council Agreement or a sectoral determination, then those terms or conditions of employment in the Basic Conditions of Employment Act will apply to employees. A part-time employee is permanently employed, but only works part of a working day or working week. A casual employee is  employed on a short term basis, but only works part of a working week. A temporary employee is not permanently employed, but only works for a specific length of time or until a specific job is completed. In most cases, part-time, casual and temporary employees will be entitled to the same benefits as other employees, but on a pro rata basis.
Generally the temporary or casual employee will be entitled to one days annual leave for every 17 days worked and one days sicl leave for every 26 days worked for the3 same employer. Piece work means that an employee is not paid according to the hours that he or she works.
Certain rights in the BCEA are fundamental and will not be able to be varied (for example, the prohibition on employing child labour).
Employees may be covered by the BCEA, but have terms and conditions of employment which vary from those in the BCEA. The contract may have different conditions to those in the BCEA, as long as they are more favourable to the worker than the BCEA. The BCEA and the Labour Relations Act aim to promote collective bargaining, and therefore allow variation of certain specified conditions through collective bargaining between an employer and employees who work for that employer.
A collective agreement under the BCEA may have different conditions to those in the BCEA, as long as they are more favourable to the employee than the BCEA.
There are also centralised agreements (Bargaining Council Agreements) under the Labour Relations Act. Children between the ages of 15 and 18 may not perform work that places their well-being, education, or physical and mental health at risk.
The Department of Labour and state prosecutor will be primarily responsible for enforcing the rules about child labour. No-one may force employees to work (for example, an employee was unfairly dismissed and was also not paid leave pay).
An employee whose employer is not obeying the BCEA can complain to the Department of Labour (not the CCMA). If an employee and employer are in a dispute about a matter covered by the Labour Relations Act and they are busy trying to resolve the dispute at the Commission for Conciliation, Mediation and Arbitration (CCMA), then the CCMA can also order the employer to pay money that is owed to the employee in terms of the employee's BCEA rights. Employees can also make their own civil case in the Magistrates Court and the Small Claims Court to get money that is owing to them.
The maximum length of a working day is 9 hours if the worker works a 5-day week, but 8 hours a day if the worker works a 6-day week. Even though overtime is voluntary, if the employee agreed in the original contract to work over time when necessary, then this overtime must be worked. An employer who is employing less than 10 employees only needs to pay overtime at time and a third of the normal wage. Note: While individual overtime is voluntary (subject to an agreement) a joint refusal by a number of employees to work normal overtime, will probably constitute a strike or industrial action.
Workers are entitled to be paid for public holidays which fall on a day that they normally would have worked - even though they will be off and not working on the public holiday.
Employees can work up to 12 hours of normal work on any day without receiving overtime pay. Averaging means workers can agree to work longer hours than the BCEA usually allows, if they get the same number of extra hours off at a later time. However, this can only be done if the Minister of Labour decides that payment in kind should apply to a certain sector. Deductions from wages (other than those required by law) are not permitted without the written consent of the worker. For loss or damages suffered at work provided the employee has been given a hearing to explain the facts and has agreed in writing to such deduction.
The amount that can be deducted can be equal to (but not more than) 25% of the normal wage to offset losses. Every employee is entitled to a daily rest period of 12 hours from the end of work on one day to the start of work on the following day.
An agreement in writing between the employer and employee may reduce the meal interval to not less than 30 minutes or do away with a meal interval if the employee works less than 6 hours on a day. The agreement can also provide for a rest period of at least 60 consecutive hours (hours in a row) every two weeks. Leave can be annual (yearly) leave, sick leave, maternity leave, family responsibility leave, or unpaid leave.
The employee is entitled to take 21 days all in one go, but can choose to use the annual leave to take occasional days off work.
Annual leave must be taken within 6 months of the end of an annual leave cycle (a year's work).
If the employee is off work on any other kind of leave, these days do not count as part of annual leave.
If the leave period covers a public holiday, then the public holiday does not count as part of the employee’s leave. If an employee leaves a job without having taken all the leave that is due to them, the employee must be paid for the days of leave that they have not taken.
A permanent employee is entitled to paid sick leave of 30 days over any 3-year cycle (36 days if the employee works a 6-day week).
Seasonal or temporary employees are entitled to 1 day's sick leave for every 26 days worked over the first 6-month cycle. Employees who are sick for more than 2 days may be required to produce a doctor's certificate. Every employee with more than 4 months service with an employer, and who works on more than 4 days a week, is entitled to 3 days paid family responsibility leave per year. This period of maternity leave is unpaid and the employee can, if she wishes, go on maternity leave four weeks before the expected date of birth, and stay off work for another three weeks after the child is born.
If the mother wants to come back to work earlier than six weeks after her child has been born, provided a doctor has given a certificate saying that this is safe for the mother to do.
An employer may agree to let a employee take extra days of annual leave, or the employee may be sick for longer than the paid sick leave. If a employee takes leave without getting permission from the employer and is not sick, the employer does not have to pay the employee for the time taken off.
During the first six months of employment, employees will be entitled to at least 1 week's notice of the termination of their services. After the first six months, but during the first year of employment, employees will be entitled to 2 week's notice.
If an employment contract has a longer period of notice than the BCEA, the longer notice must be given and it must be the same for both the employee and the employer. Neither the employer nor the employee can give notice while the employee is on annual leave. All employees are entitled to a written certificate of service when the employee stops working for that employer. The employer is not allowed to victimise a employee who refuses to do something that is against the BCEA.
The Basic Conditions of Employment Act (BCEA) allows variation of certain specified conditions in the BCEA through collective bargaining between a group of employees represented by a registered union working of the same employer (usually at one workplace) and the employer.
The Act also allows for a Collective Agreement to be entered within an organisation between a trade union and the employer. A group of employees working for the same employer (usually at one workplace) and the employer negotiate and make a collective agreement.
The BCEA says what things employees and employers are free to make collective agreements about. A workplace-based agreement may have different conditions to those in the BCEA, as long as they are more favourable to the employee than the BCEA. If the collective agreement does not cover certain terms and conditions of employment, then those terms and conditions in the BCEA apply to the employees. A collective agreement can be made mandatory and applicable for all employees in a bargaining unit (in other words, non-union members) if the registered trade union is a majority union and the agreement specifies those employees to be covered by such agreement.


If you are helping an employee with a problem which is covered by a collective agreement under the BCEA, then you refer the problem to the CCMA or Bargaining council if you have failed to solve the problem with the employer on your own. A Bargaining Council Agreement is the outcome of centralised collective bargaining under the Labour Relations Act. A Bargaining Council Agreement sets out terms and conditions of employment for a particular industry in a particular area. The conditions in the collective agreement may be better for employees than those in the BCEA. If there is no Bargaining Council in a sector, unions or employer organisations can apply to establish a Statutory Council under the Labour Relations Act. It is an offence for employers or employees working in a particular industry and area not to obey the terms of the Bargaining Council Agreement. The Bargaining Council also plays a role in settling disputes, such as unfair labour practices or unfair dismissals in a particular industry.
A sectoral determination controls the terms and conditions of employment for employees in that particular sector.
Sectoral determinations may have different conditions to those in the Basic Conditions of Employment Act (BCEA). The Basic Conditions of Employment Act (BCEA) provides for the establishment of an Employment Conditions Commission which investigates conditions in a particular industry or sector. When the Employment Conditions Commission has heard all the information, it makes recommendations to the Minister of Labour.
It is the Department of Labour's job to make sure that all employers and employees obey the conditions of employment laid out in sectoral determinations and Wage Determinations. The employment conditions of farmworkers are regulated by Sectoral Determination 8 and the Labour Relations Act. The farm employee is allowed to keep livestock on the premises for a period of one month or until the contract of employment could lawfully have been terminated.
All money that is owing to the farmworker for example, wages, allowances, pro rata leave, paid time-off not taken, and so on must be paid to the employee if the employee leaves the farm. A farmworker’s contract of employment may not be terminated unless a valid and fair reason exists and a fair procedure is followed. If a farmworker cannot return to work because of a disability, the employer must investigate the nature of the disability and decide whether or not it is permanent or temporary. The Labour Relations Act sets out the procedures that must be followed when a person’s services are terminated. Farmers who can prove that they cannot afford the minimum wage can apply to the Department of Labour for a variation or exemption from this requirement.
Additional payments (such as for overtime or work on Sundays or Public holidays) are calculated from the total remuneration. The Sectoral Determination does not regulate transport so it is open to negotiation between the parties. Ordinary hours of work can be extended by written agreement but by no more than 5 hours per week for a period of up to four months. Averaging means employees can collectively agree to work shorter or longer hours than the Sectoral Determination allows. Farmworkers can agree to work up to 50 hours a week for their ordinary wages but this can only go on for four months. If hours have been extended and not reduced at a later stage, then the hours must be paid as overtime. Overtime is paid at one and a half time the employee’s normal wage or an employee may agree to take paid time off on the basis of one and a half hours off for every overtime hour worked. The daily rest period can be reduced to 10 hours if the parties agree and if the employee lives on the premises and takes a meal interval that lasts for at least 3 hours. The weekly rest period can by agreement be extended to 60 consecutive hours every two weeks or be reduced to 8 hours in any week if the rest period in the following week is also extended. A farmworker is entitled to a one-hour break for a meal after five hours work of continuous work.
A farmworker who does not live on the farm who works on a Sunday must be regarded as having worked at least two hours on that day. Farmworker are entitled to all the public holidays in the Public Holidays Act but the parties can agree to other public holidays. Where the government declares an official public holiday at any other time then this must be granted. The leave must be given not later than 6 months after completing 12 months of employment with the same employer.
During the first six months of employment, an employee is entitled to one day’s paid sick leave for every 26 days worked. During a sick leave cycle of 36 months, an employee is entitled to paid sick leave that is equal to the number of days the employee would normally work during a period of 6 weeks. There can be a deduction of no more than 10% for food and 10% for accommodation where the food and accommodation is provided free of charge by the employer and on a regular and consistent basis. Farmers may not deduct money from wages for training, provision of tools or equipment or uniforms. There is no provision which prevents other conditions of employment being included in a contract of employment but any new conditions may be less favourable than those set by the Sectoral Determination. Farmworkers are also covered by the Labour Relations Act, and have a right to belong to unions and to organise with other employees.
Either party can terminate this agreement with one weeks notice during the first six months of employment and with four weeks notice thereafter.
On giving notice the employer is to provide the employer who resides in accommodation that belongs to the farmer, accommodation for a period of a month. Any work on Sunday will be by agreement between parties and will be paid according to the Sectoral Determination. Any work on holidays will be by agreement and will be paid according to the Sectoral Determination. The employee is entitled to three weeks paid leave after every 12 months of continuous service. 10.1 During every sick leave cycle of 36 months the employer will be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.
10.4 A medical certificate is required if absent for more than 2 consecutive days or if absent on more than two occasions during an 8 week period.
13.1 The employee will be provided with accommodation for as long as the employee is in the service of the employer.
Working conditions of domestic workers are regulated by a sectoral determination and the Labour Relations Act.
All money that is owing to the domestic worker for example, wages, allowances, pro rata leave and paid time-off not taken, must be paid. A domestic worker’s contract of employment may not be terminated unless a valid and fair reason exists and a fair procedure is followed.
If a domestic worker cannot return to work because of a disability, the employer must investigate the nature of the disability and decide whether or not it is permanent or temporary. With Japan and China in a standoff over the Senkaku Islands, Vice President Joe Biden has arrived in the region for a weeklong tour.
The Atlantic’s Steve Clemons, who is currently traveling with the vice president in Asia, said on Tuesday’s The Daily Rundown that Biden’s statement alongside Japanese Prime Minister Shinzo Abe was a bit of a letdown to the Japanese. On Wednesday, Biden will travel to Beijing to meet with Chinese President Xi Jinping, where he is expected to again raise U.S.
Although the territories have been the center of dispute for centuries, tensions have escalated in the last 40 years after a 1969 United Nations report suggested that there were large deposits of oil beneath the ocean floor nearby. The ADR Process & Professional Selection Tool allows users of dispute resolution services to propose an ADR process and one or more professionals to the "other side" in a dispute. Also be sure to consider our mobile friendly websites, featured placement, and case management system. There is considerable disagreement over the wisdom or value of having lawyers (or parties) deliver opening remarks during a mediation.
The Peterborough Dialogues, an initiative of Axiom News, has been narrating the unfolding story of a new initiative in its hometown, called Community Mediation Peterborough.
Ohio Auditor Dave Yost and Attorney General Mike DeWine support a new bill that would encourage public records disputes to be solved through mediation instead of costly lawsuits.
The Defense Equal Opportunity Management Institute provided an opportunity for two dozen U.S.
How Children Cope with High Conflict Divorce: How are they harmed and what can parents do to help them? Rothman and Pascrell are both current congressman and former friends who are running against each other after the redistricting process left Mr. Boteach says he’s offering to mediate because, if he secures the Republican nomination, he will have to run against the winner of the primary between Mr. The legal battle among the King children began shortly after President Obama used the slain civil rights leader's traveling Bible during his 2013 inauguration. The project will allow bigger ships to pass through the canal and is more than two-thirds complete. But that seemed rather moot given that earlier in the day the canal authority said GUPC has already reduced activity at the site by 70% to 75%. If two people speak and they agree about the contract, then this contract is called a verbal contract. If all the conditions of the contract are written on a piece of paper, and the employer signs the paper, then you have proof of what was agreed. The law says that if one person breaks a contract, then the other person can use the law to force that person to do what was agreed or they can stop and withdraw form the contract. If a contract breaks any of these protective laws, it is not enforceable unless the conditions are more favourable to the employee.
In other words the contract cannot be less favourable to the employee than the conditions laid down in the law.
It is easier to prove that an employer broke a contract of employment if the contract is in writing. If the breach of contract goes against a term or condition in the BCEA then an employee can go to the Department of Labour and lay a complaint. The employee can ask the CCMA to issue a notice to instruct the employer to restore the terms and conditions which applied before the change took place. If conciliation fails, than that employee and other employees covered by the dispute may go on strike after giving the employer 48 hours notice of the strike. If the employee was forced to resign rather than be forced to accept the changes, it may be an automatically unfair dismissal.
If an employee's contract is for one year, then the employer must pay the employee for the full year, unless the contract ends because of the employee’s fault. But if an employer refuses to pay the higher wage, the employee could take a dispute about unfair payment to a Bargaining Council if one exists for the industry, or the Department of Labour. For example, if a contract of employment says that an employer must pay a 13th cheque to an employee then the employer must pay this. If the employee retires, it is up to the employer to decide whether to give any long service money to the employee. The Basic Conditions of Employment Act (BCEA) says employees are entitled to a written certificate of service when the employee stops working for that employer.
The Occupational Health and Safety Act gives employees’ rights in health and safety at work.
They contain different conditions of employment for different employees in different sectors. For example, if a Bargaining Council Agreement (or other centralised collective agreement) covers the work done by an employee, then that Agreement applies to that employee. These Core rights which cannot be changed be agreement, include normal working hours, regulations applying to maternity leave and sick leave and the prohibition against the employment age of children. An employee who works more than 24 hours during any month is now fully covered by the provisions of the BCEA including provisions for leave and sick pay, overtime and public holiday and Sunday rates. They are excluded from some provisions of the BCEA, for example, they are not entitled to family responsibility leave. This person is not an employee, but is running their own small business and is often referred to as an independent contractor. In centralised collective bargaining , employees may agree to conditions that are different  to the BCEA conditions. They investigate conditions in a particular industry or sector and make recommendations to the Minister of Labour. The Department appoints inspectors who have wide powers to make sure employers obey the Act. If the employer ignores the compliance order, the Department of Labour must refer the matter to the Labour Court to force the employer to obey.
For example, if a dismissal is being contested at the CCMA, the CCMA will be able to order an employer to pay outstanding leave  owed to the employee. Where the working week is compressed (squashed) into fewer days, then shifts of longer hours may be introduced with the employee’s consent.
The employer can also agree with the employee to work up to 15 hours overtime during a week as against the normal ten hours.
If a worker does agree to work on a public holiday, they must get a normal working day off in exchange or they must be paid double the normal hourly rate for the amount of hours worked on the public holiday. But the employees may still not work more than 45 normal hours per week and may not work on more than 5 days in a week. This would for example mean that workers could agree to work longer hours in one week for normal pay, if they work reduced hours for normal pay the following week.


Payment in kind means that an employer pays an employee his or her wage through giving him or her housing, use of land or food, as well as money. The Minister will also decide what formula to use to determine the value of the payment in kind. This rest period can be reduced to 10 hours if an employee lives on the premises and gets a meal break of at least 3 hours (this may be relevant to domestic workers, caretakers, farmworkers, and so on).
The employer then deducts these days of occasional leave that an employee took during the year from the annual leave. Another way of saying this is that annual leave cannot be taken at the same time as sick leave, family responsibility leave or maternity leave. It simply means that an employee gets a holiday every year, and gets normal pay for those days.
During the first 6 months that an employee works for an employer, she or he gets 1 day paid sick leave for every 26 days worked.
If an employee lives on the premises and it is difficult for them to get to a doctor (for example, in rural areas), the employee does not have to produce a certificate unless the employer gives the employee reasonable assistance to get the certificate. It simply means that if an employee is genuinely sick and has to take time off work, the employer must pay the employee up to a certain number of days. During this time, the employee may draw maternity benefits from the Unemployment Insurance Fund. If the employee takes off many days in a row without permission and without communicating with the employer (normally more than 4 consecutive days), , the employer may presume that the employee has deserted (left without giving notice) his or her employment. If an employee resigns without giving the employer the correct amount of notice, for example one week, the employer can claim one week's pay from the employee. If a employee can't read, the particulars must be explained in a language the employee understands. For example, if a employee says she cannot work overtime because her baby is sick at home, the employer cannot dismiss her, because the BCEA says that an employer cannot make a employee work overtime without the employee's consent. The collective agreement may have different conditions to those in the Basic Conditions of Employment Act (BCEA).
Groups of employees in the same industry or sector bargain with the employers in that industry or sector. The collective agreement covers terms and conditions of employment for that category of employees working for that employer. For example, employees and their employer cannot collectively agree that child labour will be allowed.
If there is disagreement over an interpretation of a collective agreement or how it is being applied, then this can also be referred to the CCMA or appropriate bargaining council for conciliation and final arbitration in terms of Section 24 of the Labour Relations Act. The Agreement covers things like minimum wages (the lowest wages that an employer can pay an employee) and conditions of work (notice, annual leave, sick leave, and so on), in a particular industry in a particular area. OR employees may agree to conditions less favourable than the BCEA provided they do not affect certain core rights and the agreement is overly better for the employees concerned. They are made up of representatives of employers on the one hand and of trade unions on the other. For a Statutory Council to be introduced, the unions in that sector must represent 30% or more of employees in the sector, and the employers' organisation must represent 30% or more of employers in the sector. Any problems about any of the working conditions in the Agreement must be referred to the Bargaining Council for investigation. Disputes must be referred to the relevant Bargaining Council for conciliation if a Bargaining Council exists in the Sector.
It may set minimum wages in sectors, regulate payment in kind, regulate pension and medical aid schemes, prohibit or regulate piece work, set minimum standards for housing for employees who live on the employer's premises, and so on. Once the Minister approves the recommendations, they are published in the Government Gazette as a Wage Determination or sectoral determination. If you are helping an employee who is covered by a sectoral determination or Wage Determination, you refer the problem to the Department of Labour if you have tried and cannot solve the problem with the employer on your own.
The farmworker who has standing crops on the land is allowed to tend to those crops, harvest and remove them within a reasonable time after they become ready for harvesting unless the employer pays the farm employee an agreed amount for the crops.
If an employee is dismissed without a valid reason or without a fair procedure, the employee can refer the case to the CCMA. The employer must try to change or adapt the duties of the employee to accommodate the employee as far as possible. The Department will consider variations only where the farmer can give good financial reasons for this. The ordinary hours of work should be reduced by the same number of hours during a quiet period in the same twelve month period.
Any agreement to work longer hours means employees must get the same number of extra hours off at a later time. The employee must be compensated for night work by an allowance of at least 10% of the ordinary daily wage.
If the parties agree they can take leave as follows: 1 day for every 17 days worked or one hour for every 17 hours worked.
The leave may not be given at the same time as sick leave, nor at the same time as a period of notice to terminate work.
The employer does not have to pay the employee for the period for which she is off work due to her pregnancy. The employer is also obliged to allow the employee who has standing crops on the land a reasonable time to harvest the crop or the farmer may pay the employee an agreed amount for that crop. However, where members of the employees’ direct family are visiting, such permission will not be necessary. Vice President Joe Biden meets with Japanese business leaders at the headquarters of internet commerce and mobile games provider DeNA Co.
After China established an air defense zone over the territory last week, Biden faces the delicate challenge of diffusing the tension between these centuries old rivals.
Army Europe Soldiers and Civilians to participate in the Mediation Certification Course, April 11 -- 15. Boteach released a YouTube video today that appears to have been filmed in his living room in which he offered to help make peace between Steve Rothman and Bill Pascrell. This is useful if ever there is a dispute about what was agreed between you and the employer. The Department will investigate the complaint and if it is found that the employer has not followed the contract of employment, then the Inspector may issue a Compliance Order which tells the employer to comply with the BCEA.
To change the contract, the employer must give notice of the change to the employee and must negotiate the new terms and conditions with the employee. If an employee has a contract with the farmer, then the conditions of that contract are the conditions of employment. If an employee only works on the farm for a season, then he or she is called a seasonal employee. If the contract is for one season, then the employer must pay the employee for the whole season. An employer can ask an employee to do work below his or her own pay category, but the employee should not get paid less than his or her own normal wage and also provided the employer is not doing this to make the employee’s life at work intolerable. In other words all these agreements and determinations talk about a period of notice, but in one wage determination the notice period may be one week while in another it may be two weeks. If there is no Bargaining Council Agreement, then you must see whether a sectoral determination or Wage Determination applies. For example, seasonal farmworkers may be paid for the amount of fruit they pick provided they earn at least the minimum wage laid down for that industry or sector. The contractor is generally paid for producing an agreed level of work or providing a service and is not supervised or controlled by the employer. When the Minister approves a recommendation from the Commission, this is published in the Government Gazette as a Wage determination or Sectoral determination. If the inspector decides the employer is breaking the law, he or she will try to get a written promise from the employer to obey the BCEA.
Employers are also entitled to appeal against compliance orders to the Director General of Labour or the Labour Court. The law is made like this just to simplify procedures and to avoid the matter having to go to both the Department of Labour, the CCMA or the courts.
For example, an employee can agree to work shifts of 12 hours over 4 working days, where overtime is only paid once than 45 hours have been worked.. Overtime must be paid per hour of overtime worked, at a rate of one and a half times the worker’s ordinary hourly wage. Where a public holiday falls on a Sunday, the following Monday, is regarded as a public holiday.
But the workers may still not work more than an average of 45 ordinary hours per week during this period.
An employee who normally works six days every week, is entitled to eighteen working days leave which is also twenty one consecutive days of leave. If an employee doesn't take leave, or all the leave, the employer will not pay out leave pay instead of leave. Once all these paid sick leave days are used up, the employer does not have to pay the employee when he or she is off sick.
For example, if a waitress in a restaurant only took 3 days sick leave this year, the employer does not owe her the money for the remaining sick leave days at the end of the year. A total of three days is allocated for this kind of leave and not three days for each event. The Bargaining Council’s agents have powers of inspection similar to Labour Inspectors in terms of the BCEA. The Council appointed conciliators act as conciliators  to try to help the two parties negotiate a solution. Sectoral determinations will be set in sectors where there is no centralised collective bargaining, and which require detailed and specific regulations (e.g.
Anyone who is interested in having a say in a particular industry can attend these meetings which are advertised in the government gazette. Any agreement regarding longer or shorter working hours must be in writing and should be done with the support of a trade union where possible. In return, normal working hours must be reduced by the same amount (in other words to 40 hours) during the quiet periods.
When a second meal interval is required because of overtime worked, it may be reduced to not less than 15 minutes.
However the parties may agree that the employee will receive part of her whole wage for the time that she is off and the mother is able to claim from the UIF for maternity leave benefits. If the farmer refuses, the matter can be taken up with the Department of Labour or the Commission for Conciliation, Mediation and Arbitration. In the case where the employee is illiterate notice must be explained orally by or on behalf of the employer. Later this week, he will visit South Korea, which also opposes China’s air-defense identification zone. If you don't have witnesses, then it is the employee’s word against the employer's word. It is usually paid out at the end of the year, for example, for good performance during the year, or for targets reached in production of goods. If a contract breaks any part of the BCEA, (and a variation order has not been obtained from the Department of Labour) , it is not enforceable and the BCEA conditions override the conditions in the contract. If an agreement breaks any part of the BCEA, it is not enforcable and the BCEA conditions override the conditions in the agreement.
In addition, no employee may work more than 3  hours overtime in any day (including overtime on that day). In this case the employer may dismiss the employee and will not be required to give  the employee notice.
If an agreement breaks any part of the BCEA, it is not enforceable and the BCEA conditions override the conditions in the agreement. The two parties to a Bargaining Council negotiate together to make a Bargaining Council Agreement which is reported in the Government Gazette. Such agents can provide compliance orders where employers are in breach of the council agreement. If the conciliation does not resolve the dispute, either of the parties may refer the matter for arbitration to the  Bargaining Council which has its own accredited arbitrators. A union which has approximately 30% of employees in an organisation or a farm , as its members, is entitled to have access to the farm or the establishment to hold meetings and to run union business.
If the employer suddenly decides not to give a bonus, the employees can claim the bonus as a custom and practice. The Bargaining Council dispute resolution procedure is similar to the CCMA dispute resolution procedure.
Transport must be available for the workers to get from their homes to work and back. A Bargaining Council or CCMA Arbitrator may make an award ordering the employer to pay unpaid annual leave for example, an amount owing,  or make an appropriate award. Trevor is not employed by Sakumsi, and Sakumsi does not have to make sure that Trevor's pay and working conditions are according to the BCEA.



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