SA Labour and Employment Law Documents

At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications. 

Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.

From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.

For more information you can contact Labour Smart at 012 345 2955


Main Category
Sub Category
Document Type
Keywords
Title Description Type Price
Abscondment
Category Discipline
"Abscondment" is deemed to have occurred when the employee has been absent from work for a time that warrants the inference that the employee no longer intends to resume work. This article considers the transgression of abscondment and the severity of the type of sanction to impose. Information Sheet R 95.00 Preview
Absenteeism and how to manage it
Category Discipline
Identifying the different types of absenteeism and how to manage it. Information Sheet R 110.00 Preview
Abuse of Sick Leave and Leave - pdf
Category Discipline
Employees are entitled to sick leave during a cycle of 36 months with the same employer. During this period the employee is entitled to sick leave equal to the days an employee will normally work in 6 weeks. In certain circumstances - abuse of sick leave is grounds for disciplinary action, however there is a fine line between misconduct and incapacity that an employer must be careful not to cross! Information Sheet R 60.00 Preview
Affidavit in opposition to condonation application
Category CCMA and B/councils
How to oppose an application for condonation in terms of rule 9 of the CCMA rules, of any referral document or application delivered outside of the applicable time periods as set by the CCMA rules Template R 270.00 Preview
Affidavit in opposition to condonation application - pdf
Category CCMA and B/councils
How to oppose an application for condonation in terms of rule 9 the of CCMA rules, of any referral document or application delivered outside of the applicable time periods as determined by the CCMA Rules. Information Sheet R 255.00 Preview
Affidavit in support of rescission
Category CCMA and B/councils
Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings. Template R 205.00 Preview
Affidavit in support of rescission - pdf
Category CCMA and B/councils
Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings. Information Sheet R 190.00 Preview
Affidavit section 142A of the LRA
Category CCMA and B/councils
Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA Template R 165.00 Preview
Affidavit section 142A of the LRA - pdf
Category CCMA and B/councils
Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA Information Sheet R 150.00 Preview
Agency and Closed Shop Agreements - pdf
Category Employment agreements
A discussion document on Section 25 and 26 of the LRA dealing with closed shop and agency shop agreements between employers and unions on behalf of employees in the workplace. this special type of agreement constitutes a collective agreement in terms of which the employees all contribute or belong to a specific union with which the employer entered into a closed or agency shop agreement. Information Sheet R 110.00 Preview
Agenda for section 21 meeting
Category Trade Unions
Agenda points for a Section 21 meeting Information Sheet FREE Preview
Agreement to Postpone in CCMA
Category Settlement agreements
Template - Agreement between applicant and respondent to Postpone in the CCMA Template R 75.00 Preview
Agreement to postpone in council
Category CCMA and B/councils
A letter to confirm the parties have reached a consensual agreement to postpone a matter. This must be submitted timeously to ensure it is effected. Information Sheet R 60.00 Preview
Agreement to postpone in council
Category CCMA and B/councils
A letter to confirm the parties have reached a consensual agreement to postpone a matter. This must be submitted timeously to ensure it is effected. Template R 75.00 Preview
AHI Employer Organisation
Category Employer's organisations
Information sheet on the AHI by LabourSmart - Basic organisation information and contact details. Forms FREE Preview
Amanzi Bargaining Council (ABC)
Category Bargaining councils
Information sheet on Amanzi Bargaining Council (ABC) by LabourSmart - Basic information and contact details. Forms FREE Preview
Amended Labour Relations Act - pdf
Category Department of Labour
The Labour Relations Act (by The Department of Labour) No. 66 of 1995: as amended by Labour Relations Amendment Act, No 42 of 1996, Proclamation, No 66 of 1996, Labour Relations Amendment Act, No 127 of 1998, Labour Relations Amendment Act, No 12 of 2002. Information Sheet FREE Preview
Amendments to Labour legislation
Category Amendment acts
Summary of the latest amendments to the labour legislation of 2014, discussing the amendments to the LRA, BCEA, EEA and the Employment Conditions Bill. Publication R 240.00 Preview
Analysis Section 19 Check list - National & Regional
Category Employment Equity
Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. Template R 790.00 Preview
Anti Corruption and Fraud policy
Category Policies
A policy assisting an employer to deal with and prevent corruption and fraud in the work place. Information Sheet R 230.00 Preview
Anti Corruption and Fraud policy
Category Policies
A policy assisting an employer to deal with and prevent corruption and fraud in the work place. Template R 270.00 Preview
Appeal form - Disciplinary hearing
Category Disciplinary hearings
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry Information Sheet R 70.00 Preview
Appeal form - Disciplinary hearing
Category Disciplinary hearings
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry Template R 85.00 Preview
Appeal ruling - Disciplinary hearing
Category Disciplinary hearings
The ruling and reasons for the decision given by the chairman of an appeal hearing. Information Sheet R 150.00 Preview
Appeal ruling - Disciplinary hearing
Category Disciplinary hearings
The ruling and reasons for the decision given by the chairman of an appeal hearing. Template R 165.00 Preview
Application for a permit to employ children in performing arts
Category Department of Labour
Form SD10.1 - Application for a permit to employ children in performing arts. THE PURPOSE OF THIS FORM - This form is an application for a permit to involve children under the age of 15 years in the performance of advertising, artistic and cultural activities. The employer fills in this form. Forms FREE Preview
Application for leave
Category Basic Conditions of Employment
A detailed application for leave Template R 60.00 Preview
Application for leave
Category Basic Conditions of Employment
A detailed application for leave Information Sheet R 60.00 Preview
Application for postponement of arbitration in the CCMA
Category CCMA and B/councils
Application for postponement of arbitration in the CCMA Template R 125.00 Preview
Application for postponement of arbitration in the CCMA
Category CCMA and B/councils
Rule 31 - Application to postpone an arbitration in the CCMA Information Sheet R 110.00 Preview
Appointment letter of designated EE manager
Category Disciplinary hearings
A letter appointing a Designated Manager in terms of the section 24(1) of the Employment Equity Act No 55 of 1998. Such a Designated Manager will report directly to its employer on all matters relating to, or emanating from the development, implementation and monitoring of the Employment Equity Plan and the chairing of the Employment Equity Forum. Information Sheet R 95.00 Preview
Appointment letter of designated EE manager
Category Disciplinary hearings
A letter appointing a Designated Manager in terms of the section 24(1) of the Employment Equity Act No 55 of 1998. Such a Designated Manager will report directly to its employer on all matters relating to, or emanating from the development, implementation and monitoring of the Employment Equity Plan and the chairing of the Employment Equity Forum. Template R 110.00 Preview
Appointment of Consultant
Category Employment agreements
Agreement for the appointment of a consultant - standard terms & conditions. Information Sheet FREE Preview
Appointment of Consultant
Category Employment agreements
Agreement for the appointment of a consultant - standard terms & conditions. Template FREE Preview
Argument on points in limine in CCMA arbitrations
Category CCMA and B/councils
A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration. Information Sheet R 255.00 Preview
Argument on points in limine in CCMA arbitrations
Category CCMA and B/councils
A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration. Template R 270.00 Preview
Automatic Unfair Dismissals
Category Dismissal
A dismissal is automatically unfair in terms of section 187 of the LRA if the employer dismisses an employee for reasons relating to organisational rights or for reasons relating to unfair discrimination, participation in a protected strike or pregnancy. Information Sheet R 150.00 Preview
Bargaining Council for the Chemical Industry (NBCCI)
Category Bargaining councils
Information sheet on the Bargaining Council for the Chemical Industry (NBCCI) by LabourSmart - Basic information and contact details. Forms FREE Preview
Bargaining Council for the Civil Engineering Industry (BCCEI)
Category Bargaining councils
Information sheet on the Bargaining Council for the Civil Engineering Industry (BCCEI) by LabourSmart - Basic information and contact details. Forms FREE Preview
Bargaining Council for the Fishing Industry (BCFI) (National)
Category Bargaining councils
Information sheet on Bargaining Council for the Fishing Industry (BCFI) (National) by LabourSmart - Basic information and contact details. Forms FREE Preview
Bargaining Council for the Furniture Manufacturing Industry KZN (BCFMI)
Category Bargaining councils
Information sheet on the Bargaining Council for the Furniture Manufacturing Industry KZN (BCFMI) by LabourSmart - Basic information and contact details. Forms FREE Preview
Bargaining Council for The Furniture Manufacturing Industry of The Western Cape
Category Bargaining councils
Information sheet on the Bargaining Council for The Furniture Manufacturing Industry of The Western Cape by LabourSmart - Basic organisation and contact details. Forms FREE Preview
Basic Conditions of Employment Act
Category Department of Labour
Basic Conditions of Employment Act 1997 Forms FREE Preview
Basic Guide to Affirmative Action
Category Department of Labour
Affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace. Forms FREE Preview
Basic Guide to Annual Leave
Category Department of Labour
Basic Conditions of Employment legislation requires that workers get a minimum of 21 consecutive days of annual leave each year. Employers can only pay workers instead of granting annual leave when employment is terminated. Forms FREE Preview
Basic Guide to Child Labour
Category Department of Labour
In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts. Children aged 15 to 18 may not be employed to do inappropriate work. Forms FREE Preview
Basic Guide to Compensation for Medical Expenses
Category Department of Labour
All claims for occupational injuries and diseases must be supported by medical reports, directly linking the diagnosis of the injury or disease with the worker's accident/work. Forms FREE Preview
Basic Guide to Reporting Occupational Injuries and Diseases
Category Department of Labour
Workers must notify their employers of an accident immediately. Employers must submit certain documents to the Compensation Commissioner within 7 days of being notified. Compensation claims for occupational injuries are calculated according to the degree of disablement. Forms FREE Preview
Basic Guide to Submitting a Medical Report
Category Department of Labour
A doctor or chiropractor must submit medical reports to the employer within a certain period. Forms FREE Preview
Basic Guide to UIF Adoption Benefits
Category UIF
A basic guide on UIF adoption benefits - Who Can Claim?, Benefits, Amount, Tax, Payments and Overpayments with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Contributions
Category UIF
Basic Guide on UIF Contributions - Contributions payable, Earnings ceiling and What employers may not do, with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Declarations
Category UIF
Basic Guide on UIF Declarations - What are UIF Declarations? and Who must submit declarations to UIF? with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Dependant’s Benefits
Category UIF
Basic Guide on UIF Dependant’s Benefits - Who can claim? When must I claim? and How do I claim? with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Disputes
Category UIF
Basic Guide on UIF Disputes - How to appeal a rejected claim, with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Illness Benefits
Category UIF
Basic Guide on UIF Illness Benefits - Who can claim? When must I claim? How do I claim? and How will I be paid? with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Maternity Benefits
Category UIF
Basic Guide on UIF Maternity Benefits - Who can claim? When must I claim? How long can I claim for? How do I claim? and How will I be paid? with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Registration
Category UIF
Basic Guide on UIF Registration - Who must register with UIF? and Who must register with SARS? with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to UIF Unemployment Benefits
Category UIF
Basic Guide on UIF Unemployment Benefits - Who can claim? When must I claim? How long can I claim for? How will I be paid? and When the UIF May Refuse to Pay, with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Basic Guide to Unfair Discrimination
Category Department of Labour
Employers must remove unfair discrimination from their policies and practices. It is not unfair to discriminate when you apply affirmative action. Forms FREE Preview
Basic Guide to Unfair Dismissal and Unfair Labour Practices
Category Department of Labour
Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration. Forms FREE Preview
Basic Guide to Working Hours
Category Department of Labour
Basic Conditions of Employment laws set maximum working hours and minimum rest and break periods for workers. Forms FREE Preview
Basic Guide to Working on Sundays
Category Department of Labour
Workers must be paid a higher wage or receive paid time off in exchange for working on a Sunday. Forms FREE Preview
Basic Guide to Workplace Forums
Category Department of Labour
Workplace forums may be formed when there are more than 100 workers. They promote the workers’ interests by consulting and making joint decisions. Employers must provide relevant information to workplace forums. Forms FREE Preview
BCEA Earnings threshold 2014
Category Labour related legislation
The earnings threshold in terms of the BCEA, as promulgated from time to time by the Minister of Labour. Employees earning less than the threshold are protected by additional sections of the BCEA. Information Sheet R 70.00 Preview
BCEA Forms available from the DoL website
Category Department of Labour
A list of BCEA forms available from the Department of Labour website (also available from the LabourSmart website) Information Sheet FREE Preview
Big 5 Challenges
Category Discipline
A publication which aims at assisting managers with the day to day challenges in the work place. It deals with popular topics such as poor performance, abuse of sick leave, incapacity, disciplinary code and procedures, grievances, insubordination, absenteeism, abscondment, alcohol abuse, counselling and suspension. Publication R 270.00 Preview
Building Bargaining Council (BBC)
Category Bargaining councils
Information sheet on the Building Bargaining Council (BBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
Can a union be held liable for damages during protest actions
Category Strike and lockout
An article discussing the liability of a trade union for damages caused to the public during protest actions. Information Sheet R 95.00 Preview
Can the Employer Re-Do a Disciplinary Hearing
Category Disciplinary hearings
A look into case law on whether employers who are not always satisfied with the decision of its chairpersons, can change the finding? A consideration of SARS v CCMA & others and Country Fair Foods (Pty) Limited v Commission for Conciliation, Mediation and Arbitration & others. Information Sheet R 130.00 Preview
Case law for 2012
Category Labour related legislation
A summary of pertinent case law for 2012. Information Sheet R 575.00 Preview
Case law for 2012
Category Labour related legislation
A summary of pertinent case law for 2012. Template R 590.00 Preview
Case law update on cultural rights
Category Case Studies
The Supreme Court of Appeal has had the final word on the matter, Kievits Kroon Country Estate (Pty) Ltd v CCMA & others (LC). A case law update on the rights of employees to cultural expression. Information Sheet R 110.00 Preview
Cases dealing with discipline
Category Disciplinary hearings
A collection of court cases dealing with disciplinary hearings. Information Sheet R 600.00 Preview
CCMA Arbitration Guidelines
Category CCMA
Guidelines on misconduct arbitrations, in terms of 115(2)(g) of the labour relation act (66 of 1995), effective from 1 January 2012 Forms FREE Preview
CCMA Fees and Cost - April 2012
Category CCMA
The circumstances under which the CCMA may charge fees. The CCMA does not generally charge fees for its dispute resolution work, but may do so in exceptional circumstances Forms FREE Preview
CCMA rules and forms
Category CCMA and B/councils
Rules and forms applicable in the CCMA dealing with referral, applications, condonation, subpoenas and wittiness fees. Information Sheet FREE Preview
Certificate of Service for Domestic Workers
Category Department of Labour
Form BCEA5 - Certificate of Service for Domestic Workers Forms FREE Preview
Chairing and initiating in disciplinary hearing
Category Disciplinary hearings
A comprehensive guide to managers and Human Recourses how to investigate misconduct, charge employees, initiate and chair a disciplinary hearing. It includes topics such as procedural and substantive fairness, schedule 8 of the LRA, progressive discipline, codes of conduct, charges, suspension, preparing for the hearing, how to conduct a hearing, leading and cross examining witnesses, evaluating evidence, making a finding, mitigation and aggravation and sanction. Publication R 310.00 Preview
Charges against shop stewards
Category Spesific transgressions
An employer may not dismiss a shop steward for any reason relating to her activities as a shop steward, as this will constitute an automatic unfair dismissal. Employers who want to discipline shop steward must first inform the union thereof and invite the union to consult on the intended charges. Information Sheet R 95.00 Preview
Check list of Disciplinary enquiry
Category Disciplinary hearings
A check list to assist the complainant or initiator during the investigation of misconduct. Information Sheet R 190.00 Preview
Check list of Disciplinary enquiry
Category Disciplinary hearings
A check list to assist the complainant or initiator during a disciplinary enquiry to ensure procedural fairness. Template R 205.00 Preview
Checklist Section 197 of Labour Relations Act
Category Transfer of business
Section 197 of the LRA must be strictly adhered to . This is a handy checklist to be used for the sale or transfer of any business, trade, undertaking or service or any part thereof, as a going concern to ensure compliance with the LRA. Information Sheet R 225.00 Preview
Code of conduct expanded public works
Category Codes of good practice
The Code of Good Practice for Employment and Conditions of Work for Expanded Public Works Programmes. Published in terms of section 87(2) of the Basic Conditions of Employment Act No 75 of 1997. Forms FREE Preview
Code of conduct on regulation of work time
Category Codes of good practice
The Code of Good Practice on the Arrangement of Working Time published in terms of section 87(1)(a) of the Basic Conditions of Employment Act No 75 of 1997. Forms FREE Preview
Code of conduct performing arts
Category Codes of good practice
A Code of Good Practice for the employment of children in the performance of advertising, artistic or cultural activities as published in terms of section 87(2) of the Basic Conditions of Employment Act, 1997. Forms FREE Preview
Code of ethics and business conduct
Category Policies
A code of conduct regulating ethical and good business conduct and standards required of employees when conducting business with client and contractors Template R 270.00 Preview
Code of ethics and business conduct
Category Policies
Code of ethics and business conduct information sheet Information Sheet R 255.00 Preview
Code of Good Practice - Disability in the workplace
Category Department of Labour
Code of good practice on key aspects of disability in the workplace. Forms FREE Preview
Code of Good Practice - Dismissals
Category Department of Labour
Code of Good Practice on Dismissals - This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. Forms FREE Preview
Code of Good Practice - HIV / AIDS and employment
Category Department of Labour
Code of good practice on key aspects of HIV / AIDS and employment Forms FREE Preview
Code of Good Practice - Operational Requirements
Category Department of Labour
Code of Good Practice on Operational Requirements - This Act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. Forms FREE Preview
Code of Good Practice - Picketing
Category Department of Labour
Code of Good Practice on Picketing - This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out. Forms FREE Preview
Code of Good Practice - Pregnancy / Afterbirth
Category Department of Labour
The Code of Good Practice on Pregnancy and Afterbirth assists employers to know the rights and duties in the accommodation and treatment of pregnant employees; as well as to assist employees to know their rights. Forms FREE Preview
Code of Good Practice - Sexual harassment
Category Department of Labour
Code of Good Practice on Sexual harassment - The objective of this code is to eliminate sexual harassment in the workplace. Forms FREE Preview
Code of Good Practice Basic Conditions of Employment and Pregnancy GG
Category Codes of good practice
A code of good practice promulgated in terms of section 87(1)(b) of the BCEA dealing with the protection of female employees during pregnancy and after birth. Information Sheet FREE Preview
Code of Good Practice on Equal Pay for Work of Equal Value
Category Codes of good practice and Regulations
Draft Code of Good Practice on Equal Pay for Work of Equal Value - Employment Equity Act, 1998 (ACT 55 OF 1998 AS AMENDED) - 29 September 2014 Forms FREE Preview
Code of Good Practice on the Arrangement of Working Time
Category Department of Labour
Code of good practice on the arrangement of working time Forms FREE Preview
Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices - Part 1
Category Department of Labour
Code of Good Practice - The integration of employment equity into human resource policies practices - Part 1 Forms FREE Preview
Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices - Part 2
Category Department of Labour
Code of Good Practice - The integration of employment equity into human resource policies practices - Part 2 Forms FREE Preview
Code of Good Practice on the Integration of Employment Equity into Human Resources Policies
Category Department of Labour
Code of Good Practice - The integration of employment equity into human resources policies Forms FREE Preview
Collective Agreements CCMA
Category CCMA
Information Sheet by the CCMA on Collective Agreements (1) - A collective agreement is a written agreement concerning terms and conditions of employment, or any other matter of mutual interest. Forms FREE Preview
Collective and derivative misconduct
Category Discipline
An article discussing collective misconduct by employees and the situation were the misconduct of the employee is derived from the conduct of another. Articles FREE Preview
Compensation Commissioner CCMA
Category CCMA
Information sheet by the CCMA on Compensation Commissioner - In terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) of 1993, an employee is defined as any person who has entered into a contract of service with an employer. (Mar 2002) Forms FREE Preview
Comprehensive introduction to EEA
Category Employment Equity
A comprehensive introduction to the inner workings of the Employment Equity Act (as Amended). Information Sheet R 430.00 Preview
Con-Arb CCMA
Category CCMA
Information sheet by the CCMA on Con-Arb - Section 191 now makes provision for the con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. (Mar 2002) Forms FREE Preview
Conciliation CCMA
Category CCMA
Information sheet by the CCMA on Conciliation - A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute explores ways to settle the dispute by agreement. Forms FREE Preview
Condonation Application - Unfair Labour Practice (CCMA)
Category CCMA
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute Forms FREE Preview
Conducting Arbitrations in the CCMA and Bargaining Councils
Category CCMA and B/councils
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. Publication R 330.00 Preview
Confirmationary affidavit
Category CCMA and B/councils
A confirmatory affidavit is needed when a person is mentioned in the primary affidavit. The cautionary rules of evidence prescribe that without an affidavit confirming the correctness of what is averred in the primary application, the evidence is hearsay and inadmissible. A confirmatory affidavit only serves to confirm the details in so far as they relate to that person. Information Sheet R 95.00 Preview
Confirmationary affidavit
Category CCMA and B/councils
A confirmatory affidavit serves to confirm the version stated in the main application in so far as it relates to the person confirming. Template R 240.00 Preview
Constructive Dismissal CCMA
Category CCMA
Information sheet by the CCMA on Constructive Dismissal - Constructive dismissal is where an employee resigns with or without a notice or leaves employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer. Forms FREE Preview
Constructive Dismissals - a difficult case to prove
Category Dismissal
An article discussing requirements to be proven when alleging constructive dismissal by an employer. Information Sheet R 95.00 Preview
Contract Cleaning Services Industry KZN (BCCCI)
Category Bargaining councils
Information sheet on the Bargaining Council for Contract Cleaning Services Industry KZN (BCCCI) by LabourSmart - Basic organisation and contact details. Forms FREE Preview
Counselling of Employees
Category Counselling
Counselling is the first step of addressing or correcting the behaviour of the employee. It is an invaluable way of ensuring that the employee knows the rule and cannot later claim ignorance. It is also a way of correcting the behaviour of the employee at a stage when the employee is not up for disciplinary measures yet. Information Sheet R 60.00 Preview
Damage to Property
Category Spesific transgressions
Wilful or negligent damage inflicted on an employer's property - this article details what an employer needs to prove and how to go about charging or disciplining a transgressor. Information Sheet R 95.00 Preview
Deduction from salary - Section 34
Category Basic Conditions of Employment
An article discussing section 34 of the BCEA which regulates deductions from remuneration for loss or damage caused to an employer. Information Sheet R 110.00 Preview
Defining the employment relationship
Category Recruitment and selection
An article discussing the definition of an employee and how the definition of the employment relationship has been interpreted by the courts. Information Sheet R 190.00 Preview
Desertion CCMA
Category CCMA
Information sheet by the CCMA on Desertion - Desertion implies that an employee has left the place of work and does not appear to have any intention of returning to the workplace. Forms FREE Preview
Determination Threshold - 2014
Category Department of Labour
The Minister of Labour has published the amended determination threshold for 2014, which details which employees are excluded from certain sections of the BCEA. Forms FREE Preview
Determination threshold 2014 GG
Category Basic Conditions of Employment
Published by the Minister of Labour in 2014, the earning threshold determining that certain employees earning above the set threshold will be excluded from certain provisions of the BCEA. Information Sheet FREE Preview
Disciplinary chairperson’s guide
Category Disciplinary hearings
A comprehensive guide to chairpersons on how to conduct a disciplinary hearing. Information Sheet R 190.00 Preview
Disciplinary Code and Procedure with appeal process
Category Procedures
A disciplinary code and procedure setting out the principles of discipline and misconduct. this code includes an appeal procedure. Information Sheet R 600.00 Preview
Disciplinary Code and Procedure with appeal process
Category Procedures
A disciplinary code and procedure setting out the principles of discipline and misconduct. this code includes an appeal procedure. Template R 590.00 Preview
Disciplinary Code and Procedure with HR assistance
Category Procedures
Disciplinary code and procedure for employers with a human recourses department. Information Sheet R 600.00 Preview
Disciplinary Code and Procedure with HR assistence
Category Procedures
Disciplinary code and procedure for employers with a human recourses department. Template R 600.00 Preview
Disciplinary Code and Procedure with no appeal
Category Procedures
Disciplinary Code and Procedures for employers. This Code does not have an appeal procedure. Template R 240.00 Preview
Disciplinary Code and Procedure with no appeal
Category Procedures
Disciplinary Code and Procedures for employers. This Code does not have an appeal procedure. Information Sheet R 600.00 Preview
Disciplinary Hearing - Sanction
Category Disciplinary hearings
An example of a sanction form to be used by the chairperson of a disciplinary hearing. Information Sheet R 150.00 Preview
Disciplinary hearing sanction form
Category Disciplinary hearings
An example of a sanction form to be used by the chairperson of a disciplinary hearing. Information Sheet R 150.00 Preview
Disciplinary Procedures CCMA
Category CCMA
information sheet by the CCMA on Disciplinary Procedures - The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. Forms FREE Preview
Disciplinary sanction form - Dismissal
Category Disciplinary hearings
A form to be used by a Chairperson of a disciplinary hearing when dismissing an employee. Information Sheet R 190.00 Preview
Discrimination CCMA
Category CCMA
Information sheet by the CCMA on Discrimination - Discrimination is to show favour, prejudice or bias for or against a person on any arbitrary grounds, for example on the basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth by an employer. Forms FREE Preview
Discussion paper - Recruitment and employment equity
Category Employment Equity
This publication deals with the recruitment process and employment equity. It considers the right of applicants not to be unfairly discriminated against, the right to privacy, medical testing, psychometric testing, affirmative action and managerial prerogative. Information Sheet R 450.00 Preview
Dishonesty - Lies, Fraud, Falsification and Theft
Category Spesific transgressions
The employer has the right to expect his employees to be honest - if the employee is not honest, it damages the trust relationship. This type of offence will include theft, dishonest conduct, fraud, falsification, spreading false rumours and lying. Information Sheet R 95.00 Preview
Dispute procedures and path in terms of the LRA
Category Settlement agreements
A discussion document on the dispute procedures and path as set out in the LRA, specifically dealing with conciliation, arbitration, pre-dismissal arbitration and con-arb. Information Sheet R 430.00 Preview
Disputes about unfair dismissals
Category Dismissal
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. Information Sheet R 285.00 Preview
Disregard of safety rules
Category Spesific transgressions
Most employers have the rule that safety cannot be compromised under any circumstances. From the above, it will be deduced that misconduct is the breaking of a rule, regulation, a policy or procedure, or a standard of behaviour in the workplace. Information Sheet R 95.00 Preview
Do you have the right to withdraw a resignation
Category Employment agreements
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. Information Sheet R 250.00 Preview
Does the managerial prerogative still apply during the recruitment process
Category Recruitment and selection
An information sheet discussing to what extent, if any, an employer’s managerial prerogative - the right to decide and to manage - prevails in the workplace; or whether the decision making power of the employer is being curtailed by the labour rights and claim to fairness by employees or applicants. Information Sheet R 130.00 Preview
Does the managerial prerogative still apply during the recruitment process
Category Recruitment and selection
An information sheet discussing to what extent, if any, an employer’s managerial prerogative - the right to decide and to manage - prevails in the workplace; or whether the decision making power of the employer is being curtailed by the labour rights and claim to fairness by employees or applicants. Information Sheet R 150.00 Preview
Domestic worker employment contract - Afrikaans
Category Department of Labour
Sample - Domestic worker employment contract - Afrikaans - Skriftelike besonderhede van diens (Huiswerker) Forms FREE Preview
Domestic worker employment contract - English
Category Department of Labour
Sample - Domestic worker employment contract - English. Written particulars (Domestic Worker) Forms FREE Preview
Drunkenness On Duty CCMA
Category CCMA
information sheet by the CCMA on Drunkenness On Duty - Drunkenness on duty and partaking of alcohol on duty (whether or not the employee is intoxicated) may constitute misconduct. Forms FREE Preview
Duties of the Designated Employer
Category Employment Equity
A Designated Employer must, after conducting an analysis and consulting with employees, prepare and implement an employment equity plan. The Designated employer must then report to the DOL on its progress with regard to implementing EE as well as addressing unfair income differentials in the workplace. Information Sheet R 110.00 Preview
Duties of the Designated Employer
Category Employment Equity
A Designated Employer must, after conducting an analysis and consulting with employees, prepare and implement an employment equity plan. The Designated employer must then report to the DOL on its progress with regard to implementing EE as well as addressing unfair income differentials in the workplace. Template R 125.00 Preview
Duty to keep Records
Category Discipline
The code of Conduct, Schedule 8 specifically requires employers to keep records of the employee. These disciplinary records play a role in determining the sanction metered out to an employee who may be on a valid warning for the same or similar misconduct. Past or expired records are also kept and can be used as aggravating circumstances in a hearing. Information Sheet R 60.00 Preview
Earnings Threshold - 2013
Category Department of Labour
Determination: Earnings Threshold 2013 Forms FREE Preview
Education Labour Relations Council
Category Bargaining councils
Information sheet on the Education Labour Relations Council by LabourSmart - Basic information and contact details. Forms FREE Preview
EE Election form
Category Disciplinary hearings
All Designated Employers are obliged in terms of the Employment Equity Act 1998 to appoint an Employment Equity Consultative Forum where the employer meets with the unions and the employee representatives to consult on all matters of equity and equality, as directed by the Act. These representatives are appointed to represent your employment Equity interest in the Consultative Forum. Template R 75.00 Preview
EE Member Appointment Letter
Category Employment Equity
A letter electing a member to the Employment Equity Committee "EEC" . In terms of the Employment Equity Act, the company is obliged to set up an EEC. This committee is a consultation forum where the employer and the employee representatives (and the unions) must meet on a regular basis to consult on employment equity matters. Information Sheet R 70.00 Preview
EE Member Appointment Letter
Category Employment Equity
A letter electing a member to the Employment Equity Committee "EEC" . In terms of the Employment Equity Act, the company is obliged to set up an EEC. This committee is a consultation forum where the employer and the employee representatives (and the unions) must meet on a regular basis to consult on employment equity matters. Template R 85.00 Preview
EE newsletter #1
Category Employment Equity
A letter to employees from the employer detailing Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. Information Sheet R 60.00 Preview
EE newsletter #1
Category Employment Equity
A letter to employees from the employer detailing Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. Template R 75.00 Preview
EE Nomination form
Category Disciplinary hearings
All Designated Employers are obliged in terms of the Employment Equity Act 1998 to appoint an Employment Equity Consultative Forum where the employer meets with the unions and the employee representatives to consult on all matters of equity and equality, as directed by the Act. These representatives are appointed to represent your employment Equity interest in the Consultative Forum. Information Sheet R 60.00 Preview
EE Nomination form
Category Disciplinary hearings
All Designated Employers are obliged in terms of the Employment Equity Act 1998 to appoint an Employment Equity Consultative Forum where the employer meets with the unions and the employee representatives to consult on all matters of equity and equality, as directed by the Act. These representatives are appointed to represent your employment Equity interest in the Consultative Forum. Template R 75.00 Preview
EE Questionaire employees
Category Employment Equity
An EEA checklist form for employees from the employer ensuring Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. Information Sheet R 110.00 Preview
EE Questionaire employees
Category Employment Equity
An EEA checklist form for employees from the employer ensuring Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. Template R 125.00 Preview
EEA 10 Form - Annual Financial Report
Category Department of Labour
Summary of the employment equity progress report for public companies to include in their Annual Financial Report Forms FREE Preview
EEA 11 Form - Application for an Employment Equity Report
Category Department of Labour
The form is used to request the Employment Equity Report (Form EEA2) of an employer from the Department of Labour. It is issued in terms of Section 21(5) of the Employment Equity Act, 55 of 1998 as amended. The applicant who is making the request completes this form. Forms FREE Preview
EEA 12 Form - Template for Reporting on Analysis (Section 19)
Category Department of Labour
Template for Reporting on Analysis (Section 19), Designated employers are expected to complete this template in order to comply with Section 19, which must include an analysis of their workforce profile, policies, procedures, practices and environment. Section 19(1) of the EEA requires a designated employer to conduct an analysis as prescribed, of its employment policies, practices, procedures and the working environment in order to identify employment barriers which adversely affect people from designated groups. Section 19(2) indicates that the analysis must include a profile to determine the under-representation of people from the designated groups in the various occupational levels in the workforce. Forms FREE Preview
EEA 14 Form - Director-General Notification Form
Category Department of Labour
Director-General Notification Form. This form is issued in terms of Section 21(4A) of the Employment Equity Amendment Act, 2013 (Act No. 47 of 2013) for designated employers to notify the Director-General if they are unable to submit EE Report(s). Forms FREE Preview
EEA 3 - Summary of the Employment Equity Act 55 of 1998
Category Department of Labour
EEA 3 - A summary of the Employment Equity Act, 55 of 1998, as amended issued in terms of section 25(1) Forms FREE Preview
EEA 4 Form - Income Differential Statement
Category Department of Labour
Employers must complete form EEA4 and send it, together with form EEA2 when they do their employment equity reports. This form contains the format for reporting income differentials to the Employment Conditions Commission. All designated employers fills in this form Forms FREE Preview
EEA 5 - Written Undertaking
Category Department of Labour
The purpose of this form is to obtain a written undertaking from the employer in terms of Section 36 to comply with the requirements of the Employment Equity Act, 55 of 1998, as amended. An employer, assisted by a labour inspector completes this form. Forms FREE Preview
EEA 6 Form - Compliance Order
Category Department of Labour
This form is used to issue a compliance order to an employer who has failed to comply with sections 16, 17, 19, 22, 24, 25 or 26 of the Employment Equity Act, 55 of 1998, as amended. Failure to comply with this compliance order may result in the Director-General applying to the Labour Court, to make this compliance order an order of the Labour Court. A labour inspector fills in this form and the form goes to the employer. Forms FREE Preview
EEA 7 - Director-General Review Assessment Form
Category Department of Labour
EEA 7 Form - Director-General review assessment form, Objection against a compliance order Forms FREE Preview
EEA 8 - Demographic Data
Category Department of Labour
The EEA8 gives information on provincial and national demographics to assist employers when they do their employment equity workplace profile. The Purpose of This Form is to assist employers with their employment equity workplace profile. Employers can get more information on demographics from Statistics SA Forms FREE Preview
EEA 9 - Occupational Levels
Category Department of Labour
The purpose of this annexure is job evaluation or grading systems are used by many organisations to measure jobs according to their content and establish the comparative worth between jobs. This annexure provides a table of equivalent occupational levels that may be used by employers when completing the EEA2 and EEA4 forms. Forms FREE Preview
EEA13 - Employment Equity plan
Category Employment Equity
Employment Equity Plan (Section 20). Section 20 requires designated employers to prepare and implement an Employment Equity Plan which will achieve reasonable progress towards employment equity in the employer’s workforce. Information Sheet FREE Preview
EEA13 - Employment Equity plan
Category Employment Equity
Employment Equity Plan (Section 20). Section 20 requires designated employers to prepare and implement an Employment Equity Plan which will achieve reasonable progress towards employment equity in the employer’s workforce. Template FREE Preview
EEC Constitution
Category Employment Equity
The constitution document for an Employment Equity Committee, the keystone to the policy and commitments fostered towards development of an EE friendly environment in practice. Information Sheet R 230.00 Preview
EEC Constitution
Category Employment Equity
The constitution document for an Employment Equity Committee, the keystone to the policy and commitments fostered towards development of an EE friendly environment in practice. Template R 245.00 Preview
EEC minutes
Category Employment Equity
Meeting minute template for the Employment Equity Committee. Information Sheet R 190.00 Preview
EEC minutes
Category Employment Equity
Meeting minute template for the Employment Equity Committee. Template R 205.00 Preview
EEC questionaire
Category Employment Equity
This check list is designed as part of the analysis conducted by the employer in order to prepare an employment equity plan and report. Information Sheet R 245.00 Preview
EEC questionaire
Category Employment Equity
This check list is designed as part of the analysis conducted by the employer in order to prepare an employment equity plan and report. Template R 205.00 Preview
EEF Agenda #1
Category Employment Equity
An employment equity forum template to be used as a guide for discussions and meetings. Template R 125.00 Preview
EEF Agenda #2
Category Employment Equity
An employment equity forum template to be used as a guide for discussions and meetings. Template R 125.00 Preview
EEF Agenda #3
Category Employment Equity
An employment equity forum template to be used as a guide for discussions and meetings. Template R 125.00 Preview
EEF Agenda #4
Category Employment Equity
An employment equity forum template to be used as a guide for discussions and meetings. Template R 125.00 Preview
EEF Agenda #5
Category Employment Equity
An employment equity forum template to be used as a guide for discussions and meetings. Template R 125.00 Preview
Effect of Legislation on your Company
Category Labour related legislation
A guide detailing the various obligations of employers in relation to various pieces of legislation. Among others, the publication discusses the following acts: Regulation of interception of communications and provision of communication related information Act 70 of 2002; Promotion to Access of Information Act 2 of 2000; Prevention and Combating of Corrupt Activities Act 12 of 2004; and Protected Disclosures Act 26 of 2000. Publication R 285.00 Preview
Employee restraint of trade
Category Employment agreements
In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings Template R 215.00 Preview
Employee restraint of trade
Category Employment agreements
In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings Information Sheet R 200.00 Preview
Employer’s Guide to UIF
Category UIF
Basic Employer’s Guide on UIF - Registration and Declarations, Deducting contributions and Paying, with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Employers Report of an Accident - COID - W.CI.2
Category Department of Labour
Form supplied by the Department of Labour for the Employers Report of an Accident - COID - W.CI.2 Forms FREE Preview
Employers Report of an Occupational Disease - COID - W.CI.1(E)
Category Department of Labour
Form supplied by the Department of Labour for the Employers Report of an Occupational Disease - COID - W.CI.1(E) Forms FREE Preview
Employment Equity CCMA
Category CCMA
information sheet by the CCMA on Employment Equity - South Africa has a legacy of discrimination in relation to race, gender and disability that has denied access to opportunities for education, employment, promotion and wealth creation to the majority of South Africans. Forms FREE Preview
Employment Equity Regulation R595 of GG 37873 of 1 August 2014
Category Employment Equity
This regulation repealed the previous regulations of 2009. The regulations define work of equal value, duties of the designated employer, enforcement mechanisms and general administrative matters. Information Sheet FREE Preview
Employment equity through 2012
Category Employment Equity
A reflection of Employment Equity through the cases published in 2012. Information Sheet R 200.00 Preview
Employment v Independent Contractor CCMA
Category CCMA
Information sheet by the CCMA on Employment v Independent Contractor - The employment contract serves as the foundation for the relationship between an employee and that employee’s employer. It is also the starting point for the entire system of labour law rules. Forms FREE Preview
Enforcement of CCMA awards and costs orders
Category Disciplinary hearings
It is the applicant’s duty to ensure that an award she has obtained from the CCMA is enforced. It is not an easy process to follow and to do so, an applicant has to follow the procedure prescribed in the CCMA rules. According to the LRA, the CCMA award is final and binding and may be made an order of the Labour Court if the other party fail to pay or reinstate. Information Sheet R 95.00 Preview
Entrapment and employees
Category Discipline
An information sheet on the rights surrounding polygraph testing in the workplace. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. Articles FREE Preview
Entrapment and employees
Category Disciplinary hearings
An information sheet on the rights surrounding polygraph testing in the workplace. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. Information Sheet R 95.00 Preview
Equal pay for work of equal value
Category Employment Equity
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. Information Sheet R 130.00 Preview
Equal pay for work of equal value
Category Employment Equity
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. Template R 145.00 Preview
Equal pay for work of equal value
Category Employment Equity
An information sheet considering the concept of 'work of equal value for equal pay'. According to the Employment Equity amendments, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work (substantially) or work of equal value. Information Sheet R 150.00 Preview
Equal pay for work of equal value
Category Employment Equity
An information sheet considering the concept of 'work of equal value for equal pay'. According to the Employment Equity amendments, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work (substantially) or work of equal value. Template R 165.00 Preview
Essential Service Designations CCMA
Category CCMA
Information sheet by the CCMA on Essential Service Designations - The Essential Services Committee has declared 18 services to be essential. (Jan 2002) Forms FREE Preview
Essential Services CCMA
Category CCMA
Information sheet by the CCMA on Essential Services - Essential services are those that, if interrupted would endanger the life, personal safety or health of the whole or any part of the population. Forms FREE Preview
Example of a closing statement
Category Disciplinary hearings
An information sheet setting out a typical closing statement to be used in CCMA proceedings setting out the legal argument and facts you rely upon. Information Sheet R 150.00 Preview
Example of a closing statement
Category Disciplinary hearings
A template of a closing argument to be used at the CCMA detailing the legal argument and facts relied upon to state a parties case. Template R 165.00 Preview
Example of a witness statement
Category Disciplinary hearings
A witness statement sets out the facts of the matter, chronologically as it pertains to a witness in a particular matter; used by the investigator in compilation of his evidence surrounding investigation into an event in the workplace. Information Sheet R 60.00 Preview
Example of an opening statement
Category Disciplinary hearings
An information sheet outlining a typical opening statement used at the commencement of a hearing. Information Sheet R 70.00 Preview
Example of charges in terms of disciplinary code
Category Disciplinary hearings
An information sheeting detailing a typical list of charges or transgressions. Information Sheet R 70.00 Preview
Example of charges with no disciplinary code
Category Disciplinary hearings
an information sheet detailing the charges or transgressions of an employee. Information Sheet R 70.00 Preview
Example of incident diary
Category Disciplinary hearings
A template of an incident diary to be used by the investigator in their investigation into a transgression by an employee. Template R 130.00 Preview
Example of Index
Category CCMA and B/councils
An example of an index to be used in compilation of bundles of evidence and documents exchanged. Information Sheet R 110.00 Preview
Example of Index
Category CCMA and B/councils
Template of an index to be used in proceedings. Template R 150.00 Preview
Example of leading a witness to give evidence
Category Disciplinary hearings
This information sheet provides information regarding the presenting evidence in chief at a hearing. Information Sheet R 110.00 Preview
Executive summary of EEA
Category Employment Equity
A template with an overview of the Employment Equity Act, No. 55 of 1998 (EEA) as amended. The Act details equality (the right to be treated equally) and equity (the right not to be discriminated against) rights which are protected in our Constitution. Template R 465.00 Preview
Executive summary of EEA
Category Employment Equity
A template with an overview of the Employment Equity Act, No. 55 of 1998 (EEA) as amended. The Act details equality (the right to be treated equally) and equity (the right not to be discriminated against) rights which are protected in our Constitution. Information Sheet R 460.00 Preview
Explanatory memorandum on the EE Amendment Act
Category Employment Equity
The Employment Equity Act Amendments were finally enacted in 2013 and were approved in the National Assembly and National Council of Provinces late in 2013. The Act and the regulations 2014 were implemented on 1 August 2014. Information Sheet R 230.00 Preview
Explanatory memorandum on the EE Amendment Act
Category Employment Equity
A document detailing the amendments of the Employment Equity Act. These amendments were finally enacted in 2013 and were approved in the National Assembly and National Council of Provinces late in 2013. The Act and the regulations 2014 were implemented on 1 August 2014. Template R 245.00 Preview
Fees Charged By The CCMA
Category CCMA
The new fees charged by the CCMA for services. Information Sheet FREE Preview
Filing cover
Category CCMA and B/councils
A filing sheet is used to present an affidavit for service or filing. Information Sheet R 110.00 Preview
Filing cover
Category CCMA and B/councils
A template of a filing sheet, which is a cover for an affidavit for presentation via service or filing. Template R 130.00 Preview
Final or progress medical report in respect of an accident - COID - W.CI.5
Category Department of Labour
Form supplied by the Department of Labour for the Final or progress medical report in respect of an accident - COID - W.CI.5 Forms FREE Preview
Final or progress medical report in respect of an occupational disease
Category Department of Labour
Form supplied by the Department of Labour for the Final or progress medical report in espect of an occupational disease - COID - W.CI.26 Forms FREE Preview
Final or serious warning document
Category Disciplinary hearings
An information sheet detailing a serious or final written warning as the sanction handed down to a guilty employee. Information Sheet R 70.00 Preview
Final or serious warning document
Category Disciplinary hearings
A template detailing the sanction of a final written warning. Template R 85.00 Preview
First medical report in respect of an accident - COID - W.CI.4
Category Department of Labour
Form supplied by the Department of Labour for the First medical report in respect of an accident - COID - W.CI.4 Forms FREE Preview
First medical report in respect of an occupational disease - COID - W.CI.22
Category Department of Labour
Form supplied by the Department of Labour for the First medical report in respect of an occupational disease - COID - W.CI.22 Forms FREE Preview
Fixed Term Agreements
Category Employment agreements
An article detailing case law and the controversy surrounding automatic renewal and legitimate expectations of renewal of fixed term agreements. Articles FREE Preview
Form BCEA - Application for Ministerial Determination
Category Department of Labour
Application for variation in terms of the Basic Conditions of Employment Act 1997, As Amended Forms FREE Preview
Form BCEA1A - Summary of the Act - English
Category Labour related legislation
Every employer in terms of section 30 of the Basic Conditions of Employment Act 75 of 1997 must keep a summary of the provisions of the BCEA. As published by the Department of Labour this is the Summary of the BCEA. Information Sheet FREE Preview
Form BCEA1A - Summary of the Act Reformatted
Category Labour related legislation
Every employer in terms of section 30 of the Basic Conditions of Employment Act 75 of 1997 must keep a summary of the provisions of the BCEA. As published by the Department of Labour this is the Summary of the BCEA. Information Sheet FREE Preview
Form EEA 1 Employment Equity Declaration by Worker
Category Department of Labour
The Employment Equity Act requires employers to do an analysis of their workforce profile. Workers can complete the EEA1 to assist employers with this analysis. The Purpose of This Form is to get information from workers on a voluntary basis, to assist employers with analysing their workplace profile Forms FREE Preview
Form EEA 2 - Employment Equity Report
Category Department of Labour
The Employment Equity Act requires designated employers to send employment equity reports to the Department. The Purpose of This Form is to gives the format for employment equity reports, incorporates the reporting requirements and contains the progress report that has to be completed. All designated employers in terms of the Employment Equity Act fills in this form, as well as employers that reports voluntarily Forms FREE Preview
Form LRA3.1 - Conscientious objector requests agency fee to be paid to Department
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests an employer to pay an amount deducted from a conscientious objector’s wage into a fund administered by the Department of Labour. The employee who is a conscientious objector fills in this form. Forms FREE Preview
Form LRA3.11 - Amalgamating bargaining council applies for registration
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by Bargaining Councils who wish to amalgamate (to join together) to apply for registration. After registration of the new Council the Registrar cancels each of the separate Bargaining Council's registration. The Secretary of the amalgamating Bargaining Councils fills in this form. Forms FREE Preview
Form LRA3.14 - Trade Union applies for establishment of a statutory council
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a representative trade union which wants to establish a statutory council. A representative trade union means a registered trade union, or two or more registered trade unions acting jointly whose members constitute at least 30% of the employees in a sector and area. There can be no other council registered for that sector or area. The Secretary of the trade union fills in this form. Forms FREE Preview
Form LRA3.15 - Employers' organisation applies for establishment of a statutory council
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a representative employers' organisation which wants to establish a statutory council. A representative employers' organisation means a registered employers' organisation, or two or more registered employers' organisations acting jointly, whose combined employees constitute at least 30% of the employees in a sector and area. There can be no other council registered for that sector or area. The Secretary of the employers' organisation fills in this form. Forms FREE Preview
Form LRA3.17 - Submission of collective agreement of statutory council to minister for promulgation as a determination
Category Department of Labour
THE PURPOSE OF THIS FORM - A statutory council that is not sufficiently representative within its registered scope may submit a collective agreement as a recommendation to the Minister for promulgation as a determination under the Basic Conditions of Employment Act, 1997. The Secretary of a statutory council fills in this form. Forms FREE Preview
Form LRA3.18 - Statutory council requests minister to amend or extend period of determination
Category Department of Labour
THE PURPOSE OF THIS FORM - A statutory council may submit a proposal to the Minister to amend or extend the period of any determination. Examples of a determination are an educational training scheme, a provident fund or any other collective agreement entered into between the representatives or parties to a statutory council. The Minister may make the amendment by Notice in the Government Gazette. The Secretary of the statutory council fills in this form. Forms FREE Preview
Form LRA3.19 - Statutory council applies to register as a bargaining council
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a statutory council to register as a Bargaining Council. The Registrar will have to establish whether the parties to the council are sufficiently representative and whether adequate provision is made in the proposed constitution of the Bargaining Council for the representation of small and medium enterprises. The Secretary of the statutory council fills in this form. Forms FREE Preview
Form LRA3.2 - Referring public service jurisdictional disputes for arbitration
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. Forms FREE Preview
Form LRA3.20 - Council submits particulars of representativeness of its registered scope
Category Department of Labour
THE PURPOSE OF THIS FORM - This form provides the Registrar with information to decide whether or not a Council is representative within its registered scope. The Secretary of the Council fills in this form. Forms FREE Preview
Form LRA3.20B - Council submits particulars of representativeness of its registered scope
Category Department of Labour
THE PURPOSE OF THIS FORM - This form provides the Registrar with information to decide whether or not a Council is representative within its registered scope. The Secretary of the Council fills in this form. Forms FREE Preview
Form LRA3.22 - Council applies for variation of scope of registration
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a Council to vary its scope of registration. The Council thinks that its sector and area which made up its previous scope has changed. The scope of registration can be increased or decreased. The Secretary of the Council fills in this form. Forms FREE Preview
Form LRA3.3 - Application for registration of a Bargaining Council
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application for registration of a Bargaining Council. The trade unions and employers’ organisations who have jointly agreed to form a Council fills in this form. Forms FREE Preview
Form LRA3.5 - Bargaining Council requests extension of collective agreement to non-parties
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister of Labour to extend a collective agreement to non-parties. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA3.6 - Request to extend period of, or renew, collective agreement extended to non-parties
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister of Labour to extend the period of, or renew, a collective agreement that has been extended to non-parties. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA3.7 - Bargaining council requests cancellation of notice extending collective agreement to non-parties
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister to cancel parts of, or the whole of, a collective agreement extended to non-parties. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA3.8 - Council requests appointment of designated agent
Category Department of Labour
THE PURPOSE OF THIS FORM - This form requests the Minister to appoint an agent to help the Council enforce its collective agreements. The Secretary of the Bargaining Council fills in this form. Forms FREE Preview
Form LRA4.4 - Notice to NEDLAC about possible protest action
Category Department of Labour
THE PURPOSE OF THIS FORM - This form notifies NEDLAC that a trade union or a trade union federation is considering protest action. The Secretary of a trade union or trade union federation fills in this form. Forms FREE Preview
Form LRA4.5 - Notice to NEDLAC of intention to proceed with protest action
Category Department of Labour
THE PURPOSE OF THIS FORM - This form notifies NEDLAC that a trade union or a trade union federation intends proceeding with protest action. The Secretary of the trade union or trade union federation fills in this form. Forms FREE Preview
Form LRA6.1 - Registration of a Trade Union
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by a trade union for registration with the Department of Labour. The Secretary of the trade union fills in this form. Forms FREE Preview
Form LRA6.10 - Application by amalgamating Employers’ Organisations for registration
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application for registration by employers’ organisations which wish to amalgamate. The Secretary of each of the employers’ organisations that are amalgamating fills in this form. Forms FREE Preview
Form LRA6.2 - Registration of an Employers’ Organisation
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is an application by an employers’ organisation to apply for registration with the Department of Labour. The Secretary of the Employers’ Organisation fills in this form. Forms FREE Preview
Form LRA6.5 - List of members to be kept by a Trade Union
Category Department of Labour
A list of members to be kept by a Trade Union Forms FREE Preview
Form LRA6.6 - List of members to be kept by an Employers' Organisation
Category Department of Labour
A list of members to be kept by an Employers' Organisation Forms FREE Preview
Form LRA6.7 - Number of Trade Union members
Category Department of Labour
THE PURPOSE OF THIS FORM - Every registered trade union has a duty to keep a record of its members. The Secretary of the trade union fills in this form. Forms FREE Preview
Form LRA6.8 - Number of employers' organisation members
Category Department of Labour
THE PURPOSE OF THIS FORM - Every registered employers’ organisation has a duty to keep a record of its members. The Secretary of the employers’ organisation fills in this form. Forms FREE Preview
Form LRA6.9 - Application by amalgamating Trade Unions for registration
Category Department of Labour
THE PURPOSE OF THIS FORM? This form is an application for registration by trade unions that wish to amalgamate. The Secretary of each of the trade unions that are amalgamating fills in this form. Forms FREE Preview
Form LRA9.1 - Employer’s record of employee’s earnings, deductions and time worked
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is a record of employees’ hours of work and their wages. The form assists inspectors and designated agents to check that certain minimum standards in terms of any collective agreement, award or determination is kept by employers. The employer fills in this form. Forms FREE Preview
Form LRA9.2 - Record of strike, lockout or protest action
Category Department of Labour
THE PURPOSE OF THIS FORM - An employer must keep a record of any strike, lock-out or protest action involving its employees. The employer/or relevant employer organization fills in this form. Forms FREE Preview
Form UI 12 - Notice of appeal against a decision of a Claims Officer
Category UIF
Form UI 12 - Notice of appeal against a decision of a Claims Officer - Application in terms of section 37(1) read with regulation 8(1) Forms FREE Preview
Form UI 19 - Employers Declaration of Employees
Category UIF
Form UI 19 - Employers Declaration of Employees - Information to be supplied in terms of Section 56(1&3) read with Regulation 13(1&2) Forms FREE Preview
Form UI 2.2 - Applications for illness benefits
Category UIF
Form UI 2.2 - Applications for illness benefits - Unemployment insurance act 63 of 2001 application for illness benefits in terms of section 22(1) - Read with Regulations 4(1), 4(5) and 4(7) Forms FREE Preview
Form UI 2.3 - Application for maternity benefits
Category UIF
Form UI 2.3 - Application for maternity benefits - Unemployment insurance act 63 of 2001 application for maternity benefits in terms of section 25(1) - Read with Regulation 5(1) and 5(4) Forms FREE Preview
Form UI 2.4 - Application for adoption benefits
Category UIF
Form UI 2.4 - Application for adoption benefits - Unemployment insurance act 63 of 2001 application for adoption benefits in terms of section 28(1) Read with Regulation 6(1) Forms FREE Preview
Form UI 2.5 - Application for dependant benefits by spouse
Category UIF
Form UI 2.5 - Application for dependant benefits by surviving spouse or life partner - Unemployment insurance act 63 of 2001 application for dependant’s benefits by surviving spouse or life partner in terms of section 31(1) Read with Regulation 7(1) Forms FREE Preview
Form UI 2.6 - Application for dependant benefits by child of deceased
Category UIF
Form UI2.6 - Application for dependant's benefits by child / children of deceased - Unemployment insurance act 63 0f 2001 application for dependant’s benefits by child/children of deceased in terms of section 31(1) Read with regulation 7(1) and 7(2) Forms FREE Preview
Form UI 2.8 - Authorisation to pay benefits into bank account
Category UIF
Form UI 2.8 - Authorisation to pay benefits into bank account Forms FREE Preview
Form UI 3 - Application for continuation of payment for illness benefits
Category UIF
Form UI 3 - Application for continuation of payment for illness benefits - Unemployment insurance act 63 of 2001 application for continuation of payment for illness benefits in terms of regulation 4(4) Forms FREE Preview
Form UI 4 - Application for continuation of payment for maternity benefits
Category UIF
Form UI 4 - Application for continuation of payment for maternity benefits - UNEMPLOYMENT INSURANCE ACT 63 OF 2001 APPLICATION FOR CONTINUATION OF PAYMENT FOR MATERNITY BENEFITS IN TERMS OF REGULATION 5(3) AND 5(6) Forms FREE Preview
Form UI 49 - Application for Re-issue of Payment
Category UIF
Form UI 49 - Application for Re-issue of Payment - Apply for the re-issue of a payment which was never received, (Form UI 2.8 to be attached with this application) Forms FREE Preview
Form UI 5 - Application for continuation of payment for adoption benefits
Category UIF
Form UI 5 - Application for continuation of payment for adoption benefits - Unemployment insurance act 63 of 2001 application for continuation of payment for adoption benefits in terms of regulation 6(3) Forms FREE Preview
Form UI 7 - UIF Payment Advice
Category UIF
Form UI 7 - UIF Payment Advice - Unemployment Insurance Fund / Werkloosheidversekeringsfonds (English / Afrikaans) Forms FREE Preview
Form UI 8 - Aansoek om registrasie as werkgewer (Besighede)
Category UIF
Form UI 8 - Aansoek om registrasie as werkgewer (Besighede) (Afrikaans 2013) - Unemployment Insurance Contributions Act, 2002 Forms FREE Preview
Form UI 8 - Application for registration as an employer (Businesses)
Category UIF
Form UI 8 - Application for registration as an employer (Businesses) - Unemployment Insurance Contributions Act, 2002 Forms FREE Preview
Form UI 8D - Aansoek om registrasie as werkgewer van werkers in privaat huishouding
Category UIF
Form UI 8D - Aansoek om registrasie as werkgewer van huishoudelike werknemers - Unemployment Insurance Contributions Act, 2002 Forms FREE Preview
Form UI 8D - Application for registration as an employer of workers in a private household
Category UIF
Form UI 8D - Application for registration as an employer of domestic employees - Unemployment Insurance Contributions Act, 2002 Forms FREE Preview
Forms for Employment Equity Reports
Category Codes of good practice and Regulations
A document containing links to the Employment Equity Reports. Information Sheet FREE Preview
Fraud
Category Spesific transgressions
This might entail many things, such as clocking another employee’s clock card, misuse of company records or documents for fraudulent purposes, forging of a signature on a cheque or other document, falsifying medical certificates by changing the dates or changing information on documents to mislead another party or the employer. Information Sheet R 95.00 Preview
Full Range Employer Organisation FREO
Category Employer's organisations
Information sheet on Full Range Employer Organisation (FREO) by LabourSmart - Basic organisation information and contact details. Forms FREE Preview
Furniture Bargaining Council (FBC)
Category Bargaining councils
Information sheet on the Furniture Bargaining Council (FBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
General conditions Annexure
Category Employment agreements
An information sheet of a typical employment contract setting out the terms of employment. Information Sheet R 430.00 Preview
General conditions Annexure
Category Employment agreements
A template of a typical employment contract for employees setting out the terms and conditions of employment. Template R 450.00 Preview
General provisions of the EEA
Category Employment Equity
The employer must establish and maintain records in respect of his workforce, his employment equity plan and any other records relevant to compliance with the Employment Equity Act. This template provides details for the employer to comply by submitting an employment equity plan. Template R 125.00 Preview
General provisions of the EEA
Category Employment Equity
The employer must establish and maintain records in respect of his workforce, his employment equity plan and any other records relevant to compliance with the Employment Equity Act. This template provides details for the employer to comply by submitting an employment equity plan. Information Sheet R 360.00 Preview
Grievance form
Category Grievances
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Information Sheet R 70.00 Preview
Grievance form Stage 1
Category Disciplinary hearings
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Information Sheet R 60.00 Preview
Grievance form Stage 1
Category Disciplinary hearings
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Template R 75.00 Preview
Grievance form Stage 2
Category Disciplinary hearings
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Information Sheet R 60.00 Preview
Grievance form Stage 2
Category Disciplinary hearings
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. Template R 75.00 Preview
Guide to Chairman - Deciding on sanctions
Category Disciplinary hearings
A document detailing the step by step enquiry a chair person must examine in order to originate at an appropriate sanction. The ultimate test for justifying a dismissal is - Has the employment/trust relationship broken down irretrievably? Information Sheet R 110.00 Preview
Harassment CCMA
Category CCMA
Information sheet by the CCMA on Harassment - Harassment is an incident that has happened to an individual at the workplace that is unwelcome, unwanted and has a destructive effect. Forms FREE Preview
How Does Section 198 Work - Flow Diagram
Category Amendment acts
How does section 198 and 198D work? Section 198 Applies to all TES employees earning above and below sec 6(3) Information Sheet R 75.00 Preview
How does section 198A work - flow diagram
Category Amendment acts
How does section 198A work - Section 198A Applies to TES employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
How does section 198B work - flow diagram
Category Amendment acts
How does section 198B work? Section 198B Applies to FIXED TERM employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
How does section 198C work - flow diagram
Category Amendment acts
How does section 198C work? Section 198C Applies to PART TIME employees (earns below sec 6(3) threshold) Information Sheet R 75.00 Preview
How To Apply to Pay the UIF Annually
Category UIF
Information sheet on How to apply to pay the UIF annually (information from Department of Labour) Forms FREE Preview
How to Claim from the Compensation Fund if you are a Worker
Category Department of Labour
The Compensation for Occupational Injuries and Diseases Act gives workers the right to claim compensation if they were injured or go ill at work. Forms FREE Preview
How To Claim UIF Adoption Benefits
Category UIF
Information sheet on how to claim UIF adoption benefits (information from Department of Labour) Forms FREE Preview
How To Claim UIF Dependants Benefits
Category UIF
Information sheet on how to claim UIF dependants benefits (information by Department of Labour) Forms FREE Preview
How To Claim UIF Illness Benefits
Category UIF
Information sheet on how to claim UIF illness benefits (information by Department of Labour) Forms FREE Preview
How To Claim UIF Maternity Benefits
Category UIF
Information sheet on how to claim UIF maternity benefits (information by Department of Labour) Forms FREE Preview
How to Claim UIF Unemployment Benefits
Category UIF
Information sheet on how to claim UIF unemployment benefits (information by Department of Labour) Forms FREE Preview
How to deal with Union misconduct – Part 1
Category Unions and collective bargaining
An information sheet detailing liability of Union & Union official in the work place. Unions cannot escape the conduct of its members, officials and shop stewards and can be held liable for delictual damages due to the fault of the Union which caused a loss to the employer. Information Sheet R 650.00 Preview
How to deal with Union misconduct - Part 2
Category Discipline
Part 2. An information sheet detailing what protection unions and employees have in terms of labour legislation and their liability, if any, in the event of protected or unprotected strike action. Articles FREE Preview
How To De-register with the UIF
Category UIF
Information sheet on how to de-register with the UIF (information by Department of Labour) Forms FREE Preview
How To do UIF Declarations
Category UIF
Information sheet on how to do UIF declarations (information by Department of Labour) Forms FREE Preview
How to draft an EE Plan
Category Employment Equity
In terms of the Employment Equity Act, as amended, a designated employer must prepare and implement and EE Plan which will achieve reasonable progress toward employment equity in the workplace. Information Sheet R 190.00 Preview
How to draft an EE Plan
Category Employment Equity
In terms of the Employment Equity Act, as amended, a designated employer must prepare and implement and EE Plan which will achieve reasonable progress toward employment equity in the workplace. Template R 205.00 Preview
How to Find and Choose Unemployed Learners
Category Department of Labour
Employers, training providers or SETAs can ask the Department to help them find unemployed learners. The Department will search on their database, hold interviews and make a list of the best unemployed people for the learnership. Forms FREE Preview
How to Join a Learnership if you are Unemployed
Category Department of Labour
Unemployed people must register as work-seekers. They must also look for employers and prepare a CV. Forms FREE Preview
How to Pay the Compensation Fund
Category Department of Labour
The Compensation for Occupational Injuries and Diseases Act requires employers to pay the Compensation Fund. Forms FREE Preview
How To Register as a Work-seeker
Category Department of Labour
Unemployed people can register as work-seekers at their nearest labour centre. This will enable employers to find them if they are looking for candidates for learnerships. Forms FREE Preview
How to Register with the Compensation Fund
Category Department of Labour
The Compensation Fund requires employers to register with the Fund. Forms FREE Preview
How To Register with the UIF
Category UIF
Information sheet on how to register with the UIF (information by Department of Labour) Forms FREE Preview
How to regulate annual leave and yearly shutdowns
Category Basic Conditions of Employment
An information sheet on forced leave during shut down/ seasonal closure. Many employers close down for the holiday season and businesses shut down or work skeleton staff. This sometimes give rise to conflict with employees. Information Sheet R 60.00 Preview
How to Report an Occupational Accident with the Compensation Fund if you are an employer
Category Department of Labour
The Compensation for Occupational Injuries and Diseases Act requires employers to report all accidents at work. Forms FREE Preview
How to Report an Occupational Disease to the Compensation Fund if you are an Employer
Category Department of Labour
The Compensation for Occupational Injuries and Diseases Act requires employers to report all diseases that are caused by work. Forms FREE Preview
How to Set Up Learnerships if you are a Training Provider
Category Department of Labour
Training providers must decide what kind of training they can give. They must be accredited with SETAs before they can start training. Training providers and employers form a partnership to start learnerships. Forms FREE Preview
How to Set Up Learnerships if you are an Employer
Category Department of Labour
Employers must choose a learnership and apply for a learnership grant. Once they have completed that, they can set up contracts and learnership agreements with learners. They must also choose a training provider. Forms FREE Preview
How to suspend employees
Category Suspension
An information sheet on the law surrounding suspension with pay, pending an investigation into an alleged misconduct, in order to prevent the employee from interfering with the investigation. Information Sheet R 150.00 Preview
Ill-Health or Injury CCMA
Category CCMA
Information sheet by the CCMA on Ill-Health and Injury - Illness or injury (incapacity) of a serious nature may be a valid reason for dismissal. Forms FREE Preview
Imprisoned employees and other cases
Category Disciplinary hearings
An information sheet dealing with incapacity related to imprisonment of employees and case law. Employers who dismiss an employee due to imprisonment must follow schedule 8 of the LRA and needs to consider the reasons for the incapacity, the extent of the incapacity, whether it is permanent or temporary, and whether any alternatives to dismissal do exist. Information Sheet R 110.00 Preview
Incapacity due to ill health and injury policy
Category Policies
The purpose of this policy is to create guidelines for the Company and the Employee to ensure fair and equitable treatment of the employee and to ensure that the employee is treated with dignity during the process of a medical incapacity hearing. Employees who are medically unfit cannot continue to perform in their current functions and the aim of this Policy is to seek solutions, of which dismissal for incapacity is the last resort. Information Sheet R 285.00 Preview
Incapacity due to ill health and injury policy
Category Policies
The purpose of this policy is to create guidelines for the Company and the Employee to ensure fair and equitable treatment of the employee and to ensure that the employee is treated with dignity during the process of a medical incapacity hearing. Employees who are medically unfit cannot continue to perform in their current functions and the aim of this Policy is to seek solutions, of which dismissal for incapacity is the last resort. Template R 300.00 Preview
Incapacity due to ill health or injury
Category Ill health
In terms of the code, incapacity on the grounds of ill health or injury may be temporary or permanent. If an employee is temporarily unable to work in these circumstances, the employer should investigate the extent of the incapacity or the injury. In cases of permanent incapacity, the employer should ascertain the possibility of securing alternative employment, or adapting the duties or work circumstances of the employee to accommodate the employee's disability. Information Sheet R 60.00 Preview
Insolvency and Liquidation CCMA
Category CCMA
Information sheet by the CCMA on Insolvency and Liquidation - Final liquidation occurs when a company or close corporation has applied to the High Court (or the Magistrate’s Court in the case of the close corporation) for an order of final liquidation. Forms FREE Preview
Insubordination
Category Spesific transgressions
Gross insubordination is of a serious nature and constitutes conduct which is a complete challenge to the authority of the employer. Any conduct by an employee that poses an unlawful and deliberate challenge to management authority. This would include a refusal to obey lawful and reasonable instructions, cheekiness, rudeness, any sort of rebellious behaviour against the authority of the employer. Information Sheet R 95.00 Preview
Intimidation
Category Spesific transgressions
Intimidation of other employees or third parties in the workplace is a very serious offence, but not always easy to prove, especially when the intimidation takes place during strike action. Intimidation can take place in various such as threats of violence, subtle threats of discipline or retaliation by a senior person, and can be verbal or physical. Information Sheet R 60.00 Preview
Introduction of the CCMA and related institutions
Category CCMA and B/councils
The Labour Relations Act codifies the law of unfair dismissals and unfair labour practices. This means that disputes about unfair dismissals and unfair labour practices can only be referred to certain institutions as is provided for by the LRA. Only the disputes as is defined by the Act could be referred to these institutions. The Act aims at an expedited dispute resolution process, involving conciliation and arbitration to settle most dismissal and unfair labour practice disputes. Information Sheet R 230.00 Preview
Introduction to basic labour relations
Category Basic Conditions of Employment
An introduction to the Labour Relations Act No 66 of 1995 (as amended) as well as the Basic Conditions of Employment Act no 75 of 1997 and an explanation of the duties; obligations and content of rights in the workplace. Publication R 250.00 Preview
Job offer
Category Employment agreements
A contract executed in two parts in the form of an offer and acceptance. Completed together, the two documents comprise of a fully fledged contract of employment with a probationary term. Information Sheet R 150.00 Preview
Job offer
Category Employment agreements
A contract executed in two parts in the form of an offer and acceptance. Completed together, the two documents comprise of a fully fledged contract of employment with a probationary term. Template R 180.00 Preview
Kennisgewing van dissiplinere verhoor
Category Disciplinary hearings
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) Information Sheet R 340.00 Preview
Kennisgewing van dissiplinere verhoor
Category Disciplinary hearings
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) Template R 355.00 Preview
Labour inspectors
Category Labour related legislation
Labour inspectors must advise employees and employers on their rights and obligations in terms of employment laws. They conduct inspections, investigate complaints and may question persons and inspect, copy and remove records and other relevant documents. Information Sheet R 70.00 Preview
Labour Relations Act Amended 2014
Category Department of Labour
The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace. (2014) Forms FREE Preview
Late Referrals CCMA
Category CCMA
Information sheet by the CCMA on Late Referrals - Applications for condonation - The Labour Relations Act, as amended, stipulates that unfair dismissal disputes need to be referred to the CCMA within 30 days of the date of the dismissal. Forms FREE Preview
Laundry Bargaining Council (LBC)
Category Bargaining councils
Information sheet on the Laundry Bargaining Council (LBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
Leave CCMA
Category CCMA
Information sheet by the CCMA on Leave - Sick leave, annual leave, family responsibility leave and maternity leave. Forms FREE Preview
Legal aspects in recruitment and selection
Category Recruitment and selection
This information sheet details the law surrounding recruitment and case law surrounding aspects of affirmative action, a person's right to privacy, and general recruitment & interview related information for the workplace. Information Sheet R 300.00 Preview
Letter - Request for Arbitration
Category CCMA and B/councils
Letter to the CCMA requesting a case number to be allocated for arbitration. Information Sheet R 70.00 Preview
Letter - Request for Arbitration
Category CCMA and B/councils
A letter to the CCMA requesting a certificate of outcome. Template R 85.00 Preview
Letter to CCMA - Subpoenas
Category CCMA and B/councils
A letter to the CCMA requesting the Senior Convening Commissioner is to subpoena certain witnesses. Information Sheet R 70.00 Preview
Letter with subpoenas
Category CCMA and B/councils
An example of a letter sent to witnesses under a subpoena attaching the original subpoena and requesting their presence or securing the presence of certain documents specified in the subpoena. Information Sheet R 60.00 Preview
Letter with subpoenas
Category CCMA and B/councils
An example of a letter sent to witnesses who are under a subpoena order, attaching the original subpoena thereto and requesting their presence or securing the presence of certain documents specified in the subpoena. Template R 75.00 Preview
List of registered Bargaining Council
Category Bargaining councils
A list of Registered Bargaining Councils with ther contact details for August 2014 (information from Department of Labour) Information Sheet FREE Preview
List of regulations, codes and regulations of BCEA
Category Basic Conditions of Employment
Legislation - the basic conditions of employment act no 75 of 1997. (BCEA) Information Sheet FREE Preview
LRA 2.4A Form - Referring a dispute arising from negotiations concerning minimum service agreement for determination
Category CCMA
WHAT IS THE PURPOSE OF THIS FORM? This form is a referral to the Essential Services Committee for a determination of a dispute arising from negotiations of minimum service agreement. WHO FILLS IN THIS FORM? Any party to the dispute. Forms FREE Preview
LRA 3.12 Form - Referring Public Service Jurisdictional Disputes for Conciliation
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC, the dispute must be referred to the CCMA in terms of Section 38 of the Labour Relations Act 1995. Any party to the dispute fill in this form. Forms FREE Preview
LRA 3.13 Form - Referring public service jurisdictional disputes for arbitration
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. Forms FREE Preview
LRA 3.23 Form - Application about demarcation dispute
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a party to the CCMA to settle a demarcation dispute. This form is filled in by any registered trade union, Employee, Employer, Registered employers’ organisation or Council. Forms FREE Preview
LRA 4.1 Form - Request to establish picketing rules
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request by a party to the CCMA to secure agreement on picketing rules during a strike or lockout. A registered trade union or employer fills in this form. Forms FREE Preview
LRA 4.2 Form - Referring disputes for determination as an essential service
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application to the essential services committee for a determination that a service is an essential service or that a person works in an essential service. An essential service means a service, which, if interrupted, would endanger the life or health of people. Parliamentary services and the South African Police Service are defined as essential services. Any party to the dispute fills in this form. Forms FREE Preview
LRA 4.3 Form - Employer applies for maintenance service determination
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application, by an employer, to the essential services committee for a determination that the whole, or part of the employer’s business, is a maintenance service. A service is a maintenance service if the interruption of that service has the effect of material or physical destruction to any working area, factory or machinery. An employer fills in this form. Forms FREE Preview
LRA 4.6 Form - Subpoena by essential services committee
Category CCMA
Subpoena by essential services committee - The following MUST be attached to a request for a subpoena: (a) motivation for the application and (b) proof that witness fees, travelling costs and subsistence expenses have been paid. Forms FREE Preview
LRA 4.7 Form - Bargaining council request for essential service investigation
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the essential services committee to conduct an investigation as to whether the whole or part of any service is an essential service. An essential service means a service, which, if interrupted, would endanger the life or health of people. WHO FILLS IN THIS FORM? - The Secretary of the Bargaining Council. Forms FREE Preview
LRA 4.8 Form - Request for ratification of collective agreement providing for maintenance of minimum services
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the essential services committee to ratify any collective agreement that provides for the maintenance of minimum services in a service designated as an essential service. Representatives of the parties to the collective agreement fills in this form. Forms FREE Preview
LRA 4.8A Form - Referring disputes for conclusion of a collective agreement providing for a minimum service agreement
Category CCMA
WHAT IS THE PURPOSE OF THIS FORM? - This form is a referral to the Essential Services Committee for a determination on whether a collective agreement should be concluded that provides for maintenance of minimum services in essential services and the terms of such agreements. WHO FILLS IN THIS FORM? - Any party to the dispute. Forms FREE Preview
LRA 5.1 Form - Representative trade union applies to establish a workplace forum
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by one or more representative trade unions for the establishment of a workplace forum. A workplace forum may be established in any workplace with more than 100 employees. This number excludes senior managerial employees. An application may only be made if there is not existing workplace forum established in terms of the Act. A representative trade union fills in this form. Forms FREE Preview
LRA 5.2 Form - Representative trade union applies to establish a Trade-Union based workplace forum
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by one or more trade unions, which are recognised by an employer for the purposes of collective bargaining to represent all employees (except senior managerial employees), for the establishment of a workplace forum. An application may only be made if there is no existing forum established in terms of the Act. A trade union fills in this form. Forms FREE Preview
LRA 7.1 Form - Council applies for accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a Council to the Governing Body of the CCMA for accreditation to perform various dispute resolution functions. The Secretary of the Council fills in this form. Forms FREE Preview
LRA 7.10 Form - Council or private agency applies for renewal of subsidy
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited Council or an accredited agency for a renewal of a subsidy to perform various dispute resolution functions. An accredited Council or accredited agency fills in this form. Forms FREE Preview
LRA 7.11 Form - Part A referring a dispute to the CCMA for conciliation (including CON-ARB)
Category CCMA
THE PURPOSE OF THIS FORM - This form enables a person or organisation to refer a dispute to the CCMA for conciliation and con-arb. Employer, employee, union or employers’ organisation fills in this form. Forms FREE Preview
LRA 7.12 Form - Certificate of Outcome
Category CCMA
Certificate of outcome of dispute referred to conciliation Forms FREE Preview
LRA 7.13 Form - Request for arbitration
Category CCMA
WHAT IS THE PURPOSE OF THIS FORM? - If conciliation fails, a party may request that the CCMA resolve the dispute by arbitration. WHO FILLS IN THIS FORM? - The party requesting the arbitration. (Demarcation disputes (Section 62) must be processed on LRA Form 3.23) Forms FREE Preview
LRA 7.14 Form - Notice of objection to arbitration by same commissioner
Category CCMA
THE PURPOSE OF THIS FORM - This form notifies the CCMA that a party objects to an arbitrator who is the same commissioner who led the conciliation process. Objecting party fills in this form. Forms FREE Preview
LRA 7.15 Form - Application to appoint senior commissioner to arbitrate
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a party to the CSC of the CCMA to appoint a Senior Commissioner to arbitrate. A party to the dispute fills in this form. Forms FREE Preview
LRA 7.16 Form - Subpoena
Category CCMA
CCMA Subpoena form Forms FREE Preview
LRA 7.17 Form - Request for taxation
Category CCMA
THE PURPOSE OF THIS FORM - To tax a bill of costs. The party requesting the taxation fills in this form. Forms FREE Preview
LRA 7.18 Form - Application to certify CCMA award and writ of execution
Category CCMA
THE PURPOSE OF THIS FORM - This form requests the Director of the CCMA to certify that an award made by a CCMA Commissioner is a genuine award. Forms FREE Preview
LRA 7.18A Form - Application to certify Bargaining Council award
Category CCMA
WHAT IS THE PURPOSE OF THIS FORM? - This form requests the Director or delegated Commissioner of the CCMA to certify that an award issued under the auspices of a Bargaining Council is an award issued by a Bargaining Council Arbitrator. Forms FREE Preview
LRA 7.19 Form - Request for inquiry by arbitrator
Category CCMA
THE PURPOSE OF THIS FORM - Request for inquiry by arbitrator - An employer requesting a pre-dismissal arbitration fills in this form. Forms FREE Preview
LRA 7.2 Form - Private agency applies for accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a private agency to the Governing Body of the CCMA for accreditation to perform various dispute resolution functions. An authorised representative of the private agency fills in this form. Forms FREE Preview
LRA 7.20 Form - Request for Section 189A operational requirements facilitation
Category CCMA
THE PURPOSE OF THIS FORM - This form enables a party to initiate a section 189A facilitation process. Forms FREE Preview
LRA 7.21 Form - Request for advisory award on whether a person is an employee
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the CCMA to issue an advisory award determining whether a person is an employee. WHO FILLS IN THIS FORM? The parties to any working arrangement may request an advisory award provided the affected person/s earn R149.736 per annum or less. Forms FREE Preview
LRA 7.3 Form - Certificate of accreditation of council
Category CCMA
LRA Form 7.3 - Certificate of accreditation of council Forms FREE Preview
LRA 7.4 Form - Certificate of Accreditation of Private Agency
Category CCMA
Certificate of Accreditation of Private Agency - in terms of Section 127 of the Labour Relations Act of 1995, been accredited to perform dispute resolution functions, subject to the conditions as imposed by the Governing Body and subject to the terms set out in the accompanying attachment. Forms FREE Preview
LRA 7.5 Form - Council or private agency applies to amend accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited council or accredited private agency to the CCMA to amend its accreditation. For example, the amendment can relate to nature of services, scope of work or area. An accredited council or accredited private agency fills in this form. Forms FREE Preview
LRA 7.6 Form - Council applies to renew accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited council to the CCMA to renew its accreditation either in the current or amended form. An accredited council fills in this form. Forms FREE Preview
LRA 7.7 Form - Private agency applies to renew accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited agency to the CCMA to renew its accreditation, either in the current or amended form. An accredited agency fills in this form. Forms FREE Preview
LRA 7.8 Form - Council applies for subsidy
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a Council to the Governing Body of the CCMA for a subsidy to perform dispute resolution functions and train people to perform these functions. An accredited Council or a Council applying fills in this form Forms FREE Preview
LRA 7.9 Form - Private agency applies for subsidy
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a private agency to the Governing Body of the CCMA for a subsidy to perform various dispute resolution functions. An authorised representative fills in this form Forms FREE Preview
Managing Conflict and Union representation
Category Trade Unions
A comprehensive guide on keeping the peace and managing conflict with Trade Unions; Employee representatives; Union representatives; strikes and picketing. Publication R 310.00 Preview
Master Document Manager
Category Procedures
A document for use by Human Resources in the management of files. Information Sheet R 70.00 Preview
Maternity Leave
Category Basic Conditions of Employment
The information sheet details the legislative rights and duties of an employer when dealing with pregnancy in the work place. In terms of section 25 of the BCEA, pregnant employees are entitled to at least 4 consecutive months of maternity leave. Information Sheet R 190.00 Preview
Medical incapacity flow chart
Category Ill health
A flow chart demonstrating the stages involved in a medical incapacity enquiry. Information Sheet R 70.00 Preview
Medical incapacity flow chart
Category Ill health
A flow chart demonstrating the stages involved in a medical incapacity enquiry Template R 85.00 Preview
Metal And Engineering Industries Bargaining Council (MEIBC)
Category Bargaining councils
Information sheet on the Metal And Engineering Industries Bargaining Council (MEIBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
MIBCO Motor Industry Bargaining Council
Category Bargaining councils
Information sheet on the Motor Industry Bargaining Council (MIBCO) by LabourSmart - Basic information and contact details. Forms FREE Preview
Ministerial Determinations CCMA
Category CCMA
Information sheet by the CCMA on Ministerial Determinations - The Minister of Labour may establish basic conditions of employment for employees in a certain sector or area by means of a Ministerial Determination. (Mar 2002) Forms FREE Preview
Misconduct - Sexual harassment
Category Disciplinary hearings
Sexual harassment in the working environment is a form of unfair discrimination and is prohibited in terms of the Employment Equity Act (EEA) – section 6. Sexual harassment is unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace. Template R 175.00 Preview
Misconduct - Sexual harassment .PDF
Category Disciplinary hearings
Sexual harassment in the working environment is a form of unfair discrimination and is prohibited in terms of the Employment Equity Act (EEA) – section 6. Sexual harassment is unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace. Information Sheet R 150.00 Preview
Misconduct CCMA
Category CCMA
Information sheet by the CCMA on Misconduct (1) - Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. The law promotes the principle of progressive discipline. Forms FREE Preview
Misconduct Incident Investigation Diary
Category Disciplinary hearings
A form to be used by an investigating officer in suspected cases of misconduct. Information Sheet R 110.00 Preview
Misconduct Incident Investigation Diary
Category Disciplinary hearings
A template to be used by an investigating officer in a case of misconduct. Template R 125.00 Preview
National Bargaining Council for Hairdressing, Cosmetology Beauty and Skincare Industry
Category Bargaining councils
Information sheet on the National Bargaining Council for Hairdressing, Cosmetology Beauty and Skincare Industry by LabourSmart - Basic information and contact details. Forms FREE Preview
National Bargaining Council for the Electrical Industry (NBCEI)
Category Bargaining councils
Information sheet on the National Bargaining Council for the Electrical Industry (NBCEI) by LabourSmart - Basic information and contact details. Forms FREE Preview
National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)
Category Bargaining councils
Information sheet on the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) by LabourSmart - Basic information and contact details. Forms FREE Preview
National bargaining council for the wood and paper sector (NBCWPS)
Category Bargaining councils
Information sheet on the National bargaining council for the wood and paper sector (NBCWPS) by LabourSmart - Basic information and contact details. Forms FREE Preview
National Employer Association of South Africa (NEASA)
Category Employer's organisations
Information sheet on the National Employer Association of South Africa (NEASA) by LabourSmart - Basic organisation information and contact details. Forms FREE Preview
National Textile Bargaining Council
Category Bargaining councils
Information sheet on the National Textile Bargaining Council by LabourSmart - Basic information and contact details. Forms FREE Preview
NBC Bargaining Council
Category Bargaining councils
Information sheet on the NBC by LabourSmart - Basic information and contact details. Forms FREE Preview
Negligence in Performing Duties
Category Spesific transgressions
Employers should make sure that, when charging an employee for negligence or poor work performance, that it is confident that the evidence supports that the act is misconduct and not incapacity. Misconduct means the employee can do the job, but failed to do so for a negligent or intentional reason. Incapacity means the employee cannot perform the functions for various reasons relating to her ability to do so. Information Sheet R 95.00 Preview
New CCMA Rules 2015
Category CCMA
The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages) Information Sheet FREE Preview
Notice of Accident and Claim for Compensation - COID - W.CI.3
Category Department of Labour
Form supplied by the Department of Labour for the Notice of Accident and Claim for Compensation - COID - W.CI.3 Forms FREE Preview
Notice of an occupational disease and claim for compensation - COID - W.CI.14
Category Department of Labour
Form supplied by the Department of Labour for the Notice of an Occupational Disease and claim for compensation - COID - W.CI.14 Forms FREE Preview
Notice of disciplinary hearing form
Category Disciplinary hearings
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. Information Sheet R 110.00 Preview
Notice of disciplinary hearing form
Category Disciplinary hearings
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. Template R 125.00 Preview
Notice of motion postponement
Category CCMA and B/councils
An information sheet of a notice of motion requesting a postponement of a matter. Information Sheet R 110.00 Preview
Notice of motion postponement
Category CCMA and B/councils
An information sheet of a notice of motion requesting a postponement of a matter. Template R 110.00 Preview
Notice of Motion Rule 32 application (Rescission)
Category CCMA and B/councils
A notice of motion for a rescission application setting out the prayers. Template R 110.00 Preview
Notice to attend a disiplinary enquiry
Category Disciplinary hearings
A notice to attend a disciplinary enquiry. Information Sheet R 110.00 Preview
Notice to Attend Dissiplinary Hearing Simple
Category Disciplinary hearings
A notice to attend a disciplinary enquiry. Template R 125.00 Preview
Notice to Oppose
Category Disciplinary hearings
A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter. Information Sheet R 110.00 Preview
Notice to Oppose
Category CCMA and B/councils
A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter. Template R 110.00 Preview
Notices for the disciplinary process
Category Disciplinary hearings
This information sheet provides information regarding the appropriate forms to present to an employee on diving notice of a disciplinary hearing. It is imperative that the charges are set out clearly and the rights of the employee are canvassed to ensure the procedural fairness at this initial stage. Information Sheet R 345.00 Preview
Objection con arb letter
Category CCMA and B/councils
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This document is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. Information Sheet R 70.00 Preview
Objection con-arb Formal
Category CCMA and B/councils
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. Template R 125.00 Preview
Objection con-arb Formal
Category CCMA and B/councils
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. Information Sheet R 110.00 Preview
Occupational Health and Safety Act (OHS Act)
Category Department of Labour
Occupational Health and Safety Act 85 of 1993 (OHS Act) Forms FREE Preview
Occupational Health and Safety Amended Act, No. 181 of 1993
Category Department of Labour
No. 85 of 1993 Occupational Health and Safety Act as Amended by Occupational Health and Safety Amended Act, No 181 of 1993 Forms FREE Preview
Operational requirements v cultural rights and sangoma
Category Case Studies
An article discussing Kievits Kroon Country Estate (Pty) Ltd v CCMA (LC) - the impact of the right to cultural practices and freedom of expression and how it inter-relates with the work place. Information Sheet R 110.00 Preview
Operational requirements v cultural rights and sangoma
Category Case Studies
An article discussing Kievits Kroon Country Estate (Pty) Ltd v CCMA (LC) - the impact of the right to cultural practices and freedom of expression and how it inter-relates with the work place. Template R 125.00 Preview
Organisational rights and the right to bargain
Category Unions and collective bargaining
Employers and unions alike sometimes confuse the organisational rights granted by the Labour Relations Act based on the level of representation of the union and the right to bargain. The union may, wrongly, think it is entitled to bargain with the employer once it reached majority status. Certain rights are afforded to the sufficiently representative union and to the majority union. Section 11 to 16 of the LRA deals with the organisational rights afforded to unions. Section 12, 13 and 15 allow the sufficiently representative union to have access to the workplace, its subscription levies deducted and time off for its officials. Once majority status is achieved, the union becomes entitled to appoint union representatives and to access of information in terms of section 14 and 16. Information Sheet R 95.00 Preview
Pension Funds Adjudicator CCMA
Category CCMA
Information sheet by the CCMA on Pension Funds Adjudicator - The office of the Pension Funds Adjudicator was established with effect from 1 January 1998 to investigate and decide complaints lodged in terms of the Pension Funds Act. Forms FREE Preview
People With Disabilities - As Defined By The EEA
Category Employment Equity
People with disabilities are defined as people with long-term or recurring physical or mental impairment, which substantially limits their prospect of entry into or advancement in employment. This is a two tier requirement and the second part should always be considered as not all disabilities will qualify under the EEA. Information Sheet R 165.00 Preview
Performance assessment for poor performance
Category Poor Performance
The stages of assessment in instances of poor performance - these stages must be strictly adhered to in order to ensure procedural fairness. Information Sheet R 380.00 Preview
Performance assessment for poor performance
Category Poor Performance
The stages of assessment in instances of poor performance - these stages must be strictly adhered to in order to ensure procedural fairness. Template R 425.00 Preview
Policies master document manager
Category Procedures
A template for Human Resources involving document management. Template R 125.00 Preview
Policy on Religious Holy Days Activities
Category Policies
An information sheet to give an example of a policy whereby employers can react in a consistent, equitable and fair manner when requests are received from employees for leave to partake in religious or holy days and related activities or cultural activities. Information Sheet R 190.00 Preview
Policy on Religious Holy Days Activities
Category Policies
An template to give an example of a policy whereby employers can react in a consistent, equitable and fair manner when requests are received from employees for leave to partake in religious or holy days and related activities or cultural activities. Template R 215.00 Preview
Policy The managing of poor performance
Category Policies
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Information Sheet R 410.00 Preview
Policy The managing of poor performance
Category Policies
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Template R 425.00 Preview
Polygraph testing and the Law
Category Polygraph testing
This publication details the rights of employees and employers surrounding the use of polygraph testing and results. The paper discusses the admissibility of such results and the persuasive value in disciplinary hearings. Publication R 150.00 Preview
Polygraph Testing CCMA
Category CCMA
Information sheet by the CCMA on Polygraph Testing - It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test. (Jan 2002) Forms FREE Preview
Polygraph testing in the employment environment - 1
Category Polygraph testing
The probative value of Polygraph testing is discussed. Information Sheet FREE Preview
Polygraph testing in the employment environment - 1
Category Polygraph testing
The probative value of Polygraph testing is discussed. Template FREE Preview
Polygraph testing in the employment environment - 2
Category Polygraph testing
The probative value of Polygraph testing is discussed. Information Sheet FREE Preview
Polygraph testing in the employment environment - 2
Category Polygraph testing
The probative value of Polygraph testing is discussed. Template FREE Preview
Polygraphs and the test of fairness
Category Polygraph testing
The probative value of Polygraph testing is discussed as well as a discussion through case law regarding the great controversy in respect of polygraph testing lies in the different views of experts about the accuracy of the test. Information Sheet FREE Preview
Polygraphs and the test of fairness
Category Polygraph testing
The probative value of Polygraph testing is discussed as well as a discussion through case law regarding the great controversy in respect of polygraph testing lies in the different views of experts about the accuracy of the test. Template FREE Preview
Poor Performance Improvement Programme
Category Disciplinary hearings
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Information Sheet R 130.00 Preview
Poor Performance Improvement Programme
Category Disciplinary hearings
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Template R 145.00 Preview
Poor performance policy
Category Policies
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Information Sheet R 360.00 Preview
Poor performance policy
Category Policies
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. Template R 360.00 Preview
Poor Work Performance CCMA
Category CCMA
Information sheet by the CCMA on Poor Work Performance - South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. Forms FREE Preview
POPI Example Clause
Category Employment agreements
This is an example of a POPI clause which may be used in an employment contract, This is only an example clause and should be adapted in accordance with your existing employment contract and policies. - should you require assistance, please use our "Ask an Expert" function. Information Sheet R 95.00 Preview
POPI Example Clause
Category Employment agreements
This is an example of a POPI clause which may be used in an employment contract, This is only an example clause and should be adapted in accordance with your existing employment contract and policies. - should you require assistance, please use our "Ask an Expert" function. Template R 110.00 Preview
Pre arbitration minutes
Category CCMA and B/councils
A pre- Arbitration minute serves to narrow the issues in dispute between parties; set out common-cause facts. It is also an agreement on the practical running of the arbitration. Information Sheet R 150.00 Preview
Pre arbitration minutes
Category CCMA and B/councils
A pre-arbitration minute is used by parties to an arbitration to limit the issues in dispute; identify the common cause facts and come to agreement on the process of the arbitration. Template R 165.00 Preview
Pre dismissal arbitration
Category Discipline
Section 188A regulates a pre-dismissal arbitration process. This process is held through the CCMA or bargaining council and should be used only in regard to high level employees. Information Sheet R 110.00 Preview
Pre-dismissal Arbitration Agreement
Category CCMA and B/councils
Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example. Information Sheet R 70.00 Preview
Pre-dismissal Arbitration Agreement
Category CCMA and B/councils
Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example. Template R 85.00 Preview
Pre-Dismissal Arbitrations CCMA
Category CCMA
Information sheet by the CCMA on Pre-Dismissal Arbitrations - It often happens that an employee (more often a senior employee) and employer consent to a disciplinary enquiry relating to conduct or capacity being chaired by a neutral outside party. Forms FREE Preview
Preparation for arbitration
Category Settlement agreements
This paper details how an employer should approach a referral to arbitration. It provides information surrounding preparation; time lines and what to expect. Information Sheet R 415.00 Preview
Preparation for arbitration
Category CCMA and B/councils
An information sheet on the procedures and processes of an arbitration at the CCMA/ Bargaining council and what an employer can expect in order to adequately prepare. Information Sheet R 415.00 Preview
Presenting or defending your case
Category Disciplinary hearings
An information sheet detailing how to prepare for and defend an arbitration at the CCMA or Bargaining Council. Details are provided as to who the role players are in an arbitration; the process; presentation of evidence and leading and cross-examination of witnesses. Information Sheet R 600.00 Preview
Probation CCMA
Category CCMA
Information sheet by the CCMA on Probation - Probation is for newly appointed employees only. The purpose of probation is to establish whether or not the appointee’s performance is of an acceptable standard before permanently employing the employee. Forms FREE Preview
Probation Evaluation
Category Probation
During the probationary period, the employee’s performance will be assessed on a weekly/monthly basis. The employee will be given a reasonable evaluation, instructions, training, guidance or counselling, as the circumstances may require, in order to allow the employee to render a satisfactory service. Template R 110.00 Preview
Probation Evaluation
Category Probation
A form placing an employee on probation. During the probationary period, the employee’s performance will be assessed on a weekly/monthly basis. The employee will be given a reasonable evaluation, instructions, training, guidance or counseling, as the circumstances may require, in order to allow the employee to render a satisfactory service. Information Sheet R 150.00 Preview
Promotion of Access to Information Act CCMA
Category CCMA
Information sheet by the CCMA on Promotion of Access to Information Act - This Act gives effect to the constitutional right of access to information contained in the Bill of Rights. Forms FREE Preview
Promotion, a right or a privilege
Category Unfair labour practices
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. Information Sheet R 110.00 Preview
Promotion, a right or a privilege
Category Employment agreements
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. Articles FREE Preview
Protection Of Personal Information 2013 (POPI)
Category Department of Labour
The Protection of Personal Information (POPI) Bill which seeks to regulate the Processing of Personal Information - By Government Gazette Forms FREE Preview
Public Health and Social Development Sectoral Bargaining Council (PHSDSBC)
Category Bargaining councils
Information sheet on the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
Reasonable expectation of renewal of fixed term contracts
Category Employment agreements
The issue concerning legitimate expectation is dealt with in terms of section 186(1)(b) of the Labour Relations Act 66 of 1995 (“the Act/LRA”) which includes a 'dismissal’ to mean that employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms or did not renew it. Articles FREE Preview
Recissions
Category CCMA and B/councils
The variation or rescission of arbitration awards or rulings (a ruling is made by a Commissioner if it has the effect of a final order) should be done by way of an application, within 14 days of the date on which the applicant became aware of the arbitration award or ruling or became aware of the mistake common to the parties to the proceedings. Information Sheet R 110.00 Preview
Record of councilling prior to a disciplinary hearing
Category Counselling
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. Template R 110.00 Preview
Record of counselling prior to a disciplinary hearing
Category Counselling
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. Information Sheet R 110.00 Preview
Recruitment Policy
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a Company. Information Sheet R 255.00 Preview
Recruitment Policy
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a Company. Template R 300.00 Preview
Recruitment Policy with no HR
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a company with no Human Resources Department. Template R 330.00 Preview
Recruitment Policy with no HR department
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a small company with no Human Resources department. Information Sheet R 310.00 Preview
Registered Employer Organisations
Category Employer's organisations
A list of Registered Employer Organisations with ther contact details for August 2014 (by the Department of Labour) Information Sheet FREE Preview
Registered Trade Unions
Category Trade Unions
A list of all the registered Trade Unions in South Africa with contact details and other information for Oktober 2014 Information Sheet FREE Preview
Regulation of Leave – Chapter 3
Category Basic Conditions of Employment
An explanation of the statutory requirements for leave as set out in the BCEA. Information Sheet R 190.00 Preview
Regulation of Work time - Chapter 2
Category Basic Conditions of Employment
Work time must be regulated taking into consideration the health and safety of the employees and the code of good practice on regulation of work time and the family responsibilities of employees. Information Sheet R 110.00 Preview
Regulations on Hazardous Work by Children - Part 1
Category Department of Labour
Regulations on Hazardous Work by Children - Part1 Forms FREE Preview
Regulations on Hazardous Work by Children - Part 2
Category Department of Labour
Regulations on Hazardous Work by Children - Part 2 Forms FREE Preview
Regulations on Hazardous Work by Children - part 3
Category Department of Labour
Regulations on Hazardous Work by Children - Part 3 Forms FREE Preview
Religious and Gender Discrimination
Category Case Studies
An article considering the balancing of rights between the work place rules set down by an employer and the effect they may have on discriminating unfairly against an employees right to religious and cultural expression. Information Sheet R 205.00 Preview
Religious and Gender Discrimination
Category Case Studies
An article considering the balancing of rights between the work place rules set down by an employer and the effect they may have on discriminating unfairly against an employees right to religious and cultural expression. Template R 125.00 Preview
Remedies - What can we claim in the CCMA
Category CCMA and B/councils
When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. Articles FREE Preview
Remuneration and benefits claims in the CCMA
Category CCMA and B/councils
Many an employer and employee are at a lost as to exactly what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining councils. Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. Articles FREE Preview
Report of Accident - COID - W.As.32
Category Department of Labour
Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 Forms FREE Preview
Report of Accident - COID - W.As.32 (Siswati)
Category Department of Labour
Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Siswati) Forms FREE Preview
Report of Accident - COID - W.As.32 (Tshivenda)
Category Department of Labour
Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Tshivenda) Forms FREE Preview
Report of Accident - COID - W.As.32 (Xhosa)
Category Department of Labour
Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Xhosa) Forms FREE Preview
Report of Accident - COID - W.As.32 (Xitsonga)
Category Department of Labour
Form supplied by the Department of Labour on Reporting an Accident - COID - W.As.32 (Xitsonga) Forms FREE Preview
Requirments of the Polygraphist when testifying in the Court and the CCMA
Category CCMA and B/councils
Polygraph examiners have widely been accepted as expert witnesses whose evidence needs to be tested for its probative value and reliability, when testifying in court or the CCMA. Therefore the Polygraph examiners should be called to testify as an expert witness during the disciplinary hearing, the CCMA arbitration or the Labour Court. Information Sheet R 230.00 Preview
Rescission Affidavit
Category CCMA
Application for condonation for late filing of rescission application / in the commission for conciliation mediation and arbitration Forms FREE Preview
Rescission and Review CCMA
Category CCMA
Information sheet by the CCMA on Rescission and Review - The effect of an arbitration award issued by a commissioner is that the award is final and binding and may be enforced as if it were an order of the Labour Court, unless it is an advisory arbitration award. Forms FREE Preview
Rescission Application Form
Category Department of Labour
Rescission Application Form - In the commission for conciliation, mediation and arbitration / application for rescission of +ruling / arbitration award Forms FREE Preview
Rescissions
Category Reviews and Rescission
Section 144 of the LRA governs the limited grounds when a party to an award may rescind that award. Section 32 of the CCMA rules gives affect to section 144. The article discusses what one has to prove to sustain a successful rescission application. Information Sheet R 95.00 Preview
Resignation before the disciplinary hearing
Category Disciplinary hearings
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. Information Sheet R 95.00 Preview
Resumption report - COID - W.CI.6
Category Department of Labour
Form supplied by the Department of Labour for an Resumption report - COID - W.CI.6 Forms FREE Preview
Retrenchment and measures how to avoid retrenchment
Category Retrenchments
Retrenchment is nothing but a dismissal for operational reasons, which can include a variety of reasons such as the financial decline of a business, an employer deciding to increase profits of his business or a part thereof, the introduction of new technology that results in a decline in positions or structural changes such as the transfer of a part of the business of the employer. Retrenchment is one of the three reasons accepted in the South African labour law to dismiss an employee. Retrenchment is also known as a "no fault dismissal". Due to the fact that it is in essence still a dismissal, the requirement of "fair labour practices" still applies. Information Sheet R 95.00 Preview
Retrenchment and transfer of businesses
Category Transfer of business
A publication detailing the aspects of retrenchment and the transfer of business and the requirements of the LRA in terms of section 189 and 197. Publication R 285.00 Preview
Retrenchment CCMA
Category CCMA
information sheet by the CCMA on Retrenchment - Consultation must take place as soon as the employer contemplates retrenchment. Forms FREE Preview
Retrenchment in Terms of Section 189A CCMA
Category CCMA
Information sheet by the CCMA on Retrenchment in Terms of Section 189A - This section applies to employers employing more than 50 employees. Forms FREE Preview
Rights and interest disputes
Category CCMA and B/councils
A dispute of right constitutes a legal claim to which a party to the employment relationship is entitled. This entitlement is constituted by virtue of the employment contract, a collective agreement, a statute or even common law. An interest dispute involves a claim by a party which relates to something new, therefore something that party is entitled to yet. Information Sheet R 230.00 Preview
Role and responsibilities of Directors
Category Labour related legislation
The publication deals with the new Companies Act and sets out the role and responsibilities of the fiduciary duties of directors. Publication R 220.00 Preview
Sample - Taxi workers certificate of service
Category Department of Labour
THE PURPOSE OF THIS FORM - This form is proof of employment with an employer. The employer fills in this form. Forms FREE Preview
Sample Employment Contract
Category Department of Labour
Sample Employment Contract Forms FREE Preview
Sanctions in a disciplinary hearing
Category Disciplinary hearings
This article looks at the different types of sanctions to impose at a Disciplinary Hearing. The type of sanction always depends on the facts of the case, the seriousness of the case and the mitigating and aggravating factors. Information Sheet R 95.00 Preview
Schedule 8 of the LRA
Category Codes of good practice
The code of good practice on dismissal is a code which provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. Information Sheet R 255.00 Preview
Schedule Four to the BCEA
Category Basic Conditions of Employment
List of acts repealed by the enactment of the Basic Conditions of Employment Act No 75 of 1997. Information Sheet FREE Preview
Schedule One of the BCEA
Category Basic Conditions of Employment
This Schedule records the procedures to be adopted to reduce the working hours of employees to the goal of a 40 hour working week and an eight hour working day. Information Sheet R 70.00 Preview
Schedule Three to the BCEA
Category Basic Conditions of Employment
Schedule 3 of the Basic Conditions of Employment Act was published by the Minister of Labour to assist in the transitional period of the initial enactment of the Act to ensure gradual compliance to its terms. Information Sheet FREE Preview
Schedule Two to the BCEA
Category Basic Conditions of Employment
This Schedule sets out the maximum fine that may be imposed in terms of Chapter Ten for a failure to comply with a provision of this BCEA. Information Sheet R 70.00 Preview
Secondary Strikes
Category Strike and lockout
Secondary strikes are used by employees of other employers to put pressure on the primary employer to accept the demand of the employees. Section 213 of the LRA defines it as: “a strike, or conduct in contemplation or furtherance of a strike, that is in support of a strike by other employees against their employer, but does not include a strike in pursuit of a demand that has been referred to a council if the striking employees, employed within the registered scope of the council, have a material interest in that demand.” Articles FREE Preview
Sectoral Determination 1 - Contract Cleaning Sector Wages 2017
Category Department of Labour
Sectoral Determination for Contract Cleaning Wages - 2016 - 2017 Forms FREE Preview
Sectoral Determination 10 - Children in Perfoming Arts
Category Department of Labour
Sectoral Determination 10 - Children in the performance of advertising, artistic and cultural activities Forms FREE Preview
Sectoral Determination 11 - Taxi Amendment Wages 2016
Category Department of Labour
Sectoral Determination - Taxi Amendment Wages 2016 Forms FREE Preview
Sectoral Determination 12 - Forestry Wages 2017
Category Department of Labour
Forestry sector minimum wage increases 2016 - 2017 Forms FREE Preview
Sectoral Determination 13 - Farm workers 2013 - 2016 (Under 18)
Category Department of Labour
Sectoral Determination 13 - Farm workers (Under 18) from 1 March 2013 to February 2016 Forms FREE Preview
Sectoral Determination 13 - Farm Workers March 2017
Category Department of Labour
Sectoral Determination 13 - Farm workers from February 2016 Forms FREE Preview
Sectoral Determination 14 - Hospitality Wages 2016
Category Department of Labour
Hospitality sector minimum wages as from 1 July 2016 Forms FREE Preview
Sectoral Determination 2 - Civil Engineering 2012 - 2013
Category Department of Labour
Sectoral Determination 2 By Government Gazette - Civil Engineering 2012 - 2013 Forms FREE Preview
Sectoral Determination 5 - Learnership Allowance 2016
Category Department of Labour
Sectoral Determination Learnership Allowance. Forms FREE Preview
Sectoral Determination 6 - Private Security Wages 2016
Category Department of Labour
Sectoral Determination For Private Security Wages 2016. Salary rates from year 3 with effect from 1 September 2016 Forms FREE Preview
Sectoral Determination 7 - Domestic Worker Wages 2016 - 2017
Category Department of Labour
Domestic worker minimum wage increases from 1 December 2015 - 2016 Forms FREE Preview
Sectoral Determination 9 - Wholesale Wages 2017
Category Department of Labour
Sectoral Determination - Wholesale & Retail Sector wages 2017 Forms FREE Preview
Sectoral Determinations – Section 51 - 58
Category Basic Conditions of Employment
A sectoral determination is made in terms of the Basic Conditions of Employment Act. It determines the terms and conditions of employment for employees in that particular sector for which it is made. The determination is made by the minister of Labour and promulgated in the Government Gazette. Some of the sectoral determinations are amended on a yearly basis, for instance, the basic wage payable in that specific sector. Information Sheet R 70.00 Preview
Sectoral Determiniation - Ministerial Determiniation for Small Business Sector
Category Department of Labour
Sectoral Determiniation - Ministerial Determiniation for Small Business Sector Forms FREE Preview
SEESA Employer Organisation
Category Employer's organisations
Information sheet on the SEESA Employer Organisation by LabourSmart - Basic information and contact details. Forms FREE Preview
Settlement Agreement - Formal
Category Settlement agreements
A settlement agreement is concluded when the parties negotiate an amicable 'clean-break' and the matter does not need to proceed to arbitration. Information Sheet R 255.00 Preview
Settlement Agreement - Formal
Category Settlement agreements
A settlement agreement is concluded when the parties negotiate an amicable 'clean-break' and the matter does not need to proceed to arbitration. Template R 270.00 Preview
Settlement Agreement Afrikaans
Category Settlement agreements
An agreement to settle a dispute. Information Sheet R 150.00 Preview
Settlement Agreement Afrikaans
Category Settlement agreements
An agreement to settle a dispute. Template R 125.00 Preview
Settlement Agreement Short
Category Settlement agreements
An agreement to settle a dispute. Information Sheet R 205.00 Preview
Settlement Agreement Short
Category Settlement agreements
An agreement to settle a dispute. Template R 165.00 Preview
Sidumo - The reasonable decision maker test
Category Labour Court
The Constitutional Court case of Sidumo v Rustenburg Platinum Mines is considered where the court upheld the reasonable descision maker test. The Commissioner must first conduct a factual enquiry to establish whether the employee indeed committed misconduct. The second part of the process is to determine the fairness of the dismissal. Here the Commissioner must take into account the reasonableness of the rule breached by the employee. Articles FREE Preview
Signing away retrenchments
Category Retrenchments
[EDITING HAS RESULTED IN GRAMATICAL ERRORS - CAN I FIX THESE PLEASE? ] Signing a voluntary retrenchment agreement essentially amounts to a waiver of an employee’s rights in terms of the Labour Relations Act No. 66 of 1995 (“LRA”). An employee who validly agrees to the termination of his employment contract cannot be said to have been ‘dismissed’ and can therefore not refer an unfair dismissal dispute to the CCMA or the Labour Court. Information Sheet R 60.00 Preview
Simple Job Offer
Category Employment agreements
This is a Template Job Offer - for employee and employer to sign when hiring a new employee. Template R 95.00 Preview
Skills Development CCMA
Category CCMA
Information sheet by the CCMA on Skills Development - The Skills Development Act is aimed at developing strategies and improving the skills of the workforce, to provide for learner ships, to provide for financing of skills development and to regulate employment services. Forms FREE Preview
Smoking in the workplace
Category Discipline
Smoking in the work place is regulated by the Tobacco Products Control Act 83 of 1993 and the regulations as published in GNR975 of GG21610 of 29 September 2000. An employer may prohibit smoking at the workplace in to or designate a portion of a public place as a smoking area, provided that it complies with the regulations. The employer is also obliged to ensure that no person smokes anywhere other than in the designated smoking area and employees who do not want to be exposed to tobacco smoke must be protected. Employees may object to tobacco smoke in the workplace without retaliation of any kind. Articles FREE Preview
Smoking policy for Employer
Category Policies
This is an editable example of a smoking policy for the employer Template R 215.00 Preview
Smoking policy for Employer [Company Pty Ltd] generic KKH no comments
Category Policies
This is an editable example of a smoking policy for the employer Information Sheet R 200.00 Preview
South African Local Government Bargaining Council (SALGBC)
Category Bargaining councils
Information sheet on the South African Local Government Bargaining Council (SALGBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
Standard of conduct
Category Procedures
Disciplinary rules establish the standard of conduct required of an employee. The form and content of disciplinary rules will obviously vary according to the size and nature of the employer's business. Information Sheet R 110.00 Preview
Statistics EAP 2014 CEE Report Part 1
Category Department of Labour
The 2013/2014 Annual Report of the Commission for Employment Equity (CEE) as published by the Department of Labour. Forms FREE Preview
Statistics EAP 2014 CEE Report Part 2
Category Department of Labour
The 2013/2014 Annual Report of the Commission for Employment Equity (CEE) as published by the Department of Labour. Forms FREE Preview
Statistics EAP 2014 CEE Report Part 3
Category Department of Labour
The 2013/2014 Annual Report of the Commission for Employment Equity (CEE) as published by the Department of Labour. Forms FREE Preview
Statutory Council for printing, newspaper and packaging industries
Category Bargaining councils
Information sheet on the Statutory Council for printing, newspaper and packaging industries by LabourSmart - Basic information and contact details. Forms FREE Preview
Statutory Council for the Fast Food, Catering, Restaurant and Allied Trades (SCFFRCAT)
Category Bargaining councils
Information sheet on the Statutory Council for the Fast Food, Catering, Restaurant and Allied Trades (SCFFRCAT) by LabourSmart - Basic information and contact details. Forms FREE Preview
Strike action - friend or foe
Category Strike and lockout
The purpose of setting up a trade union or belonging to one is that collective power is a fundamental concept of a trade union. An employee achieves very little when he or she is a “one man show”. A single employee can, for instance, not embark on a protected strike. Employees therefore organize themselves in trade unions in order to maximize their collective power in what we call “power play” against the employer. This ensures greater participation by employees in the regulation of their workplace matters. It is this positive effect of power-play that has been recognized by the legislature and embodied in law. Articles FREE Preview
Summary of the Basic Conditions of Emploment Act - IsiZulu
Category Department of Labour
Form BCEA1K - Summary of the Basic Conditions of Employment Act - IsiZulu Forms FREE Preview
Summary of the Basic Conditions of Employment Act - Afrikaans
Category Department of Labour
Form BCEA1B - Summary of the Basic Conditions of Employment Act - Afrikaans Forms FREE Preview
Summary of the Basic Conditions of Employment Act - English
Category Department of Labour
Form BCEA1A - Summary of the Basic Conditions of Employment Act - English Forms FREE Preview
Summary of the Basic Conditions of Employment Act - IsiNdebele
Category Department of Labour
Form BCEA1l - Summary of the Basic Conditions of Employment Act - IsiNdebele Forms FREE Preview
Summary of the Basic Conditions of Employment Act - IsiXhosa
Category Department of Labour
Form BCEA1J - Summary of the Basic Conditions of Employment Act - IsiXhosa Forms FREE Preview
Summary of the Basic Conditions of Employment Act - Setswana
Category Department of Labour
Form BCEA1E - Summary of the Basic Conditions of Employment Act - Setswana Forms FREE Preview
Summary of the Basic Conditions of Employment Act - Siswati
Category Department of Labour
Form BCEA1F - Summary of the Basic Conditions of Employment Act - Siswati Forms FREE Preview
Summary of the Basic Conditions of Employment Act - Sotho
Category Department of Labour
Form BCEA1D - Summary of the Basic Conditions of Employment Act - Sotho Forms FREE Preview
Summary of the Basic Conditions of Employment Act - Venda
Category Department of Labour
Form BCEA1G - Summary of the Basic Conditions of Employment Act - Venda Forms FREE Preview
Summary of the Basic Conditions of Employment Act - Xitsonga
Category Department of Labour
Form BCEA1H - Summary of the Basic Conditions of Employment Act - Xitsonga Forms FREE Preview
Summary of the Basic Consitions of Employment Act - Sepedi
Category Department of Labour
Form BCEA1C - Summary of the Basic Conditions of Employment Act - Sepedi Forms FREE Preview
Summary of the BCEA
Category Labour related legislation
A summary of the pertinent provisions of the Basic Conditions of Employment Act No 75 of 1997. Information Sheet R 150.00 Preview
Summary of the employment Equity Regulation R595 of GG 37873 of 1 August 2014
Category Employment Equity
This regulation repealed the previous regulations of 2009. The regulations define work of equal value, duties of the designated employer, enforcement mechanisms and general administrative matters. Template R 300.00 Preview
Summary of the employment Equity Regulation R595 of GG 37873 of 1 August 2014
Category Employment Equity
This regulation repealed the previous regulations of 2009. The regulations define work of equal value, duties of the designated employer, enforcement mechanisms and general administrative matters. Information Sheet R 285.00 Preview
Suspension as alternative
Category Suspension
An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. Information Sheet R 70.00 Preview
Suspension as alternative
Category Suspension
An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. Template R 85.00 Preview
Taxi workers payslip
Category Department of Labour
Sample Taxi Workers Payslip. THE PURPOSE OF THIS FORM - This form is a record of information about remuneration. The employer fills in this form. Forms FREE Preview
Template for Index
Category Disciplinary hearings
A template of an index. Information Sheet FREE Preview
Template for Index
Category Disciplinary hearings
A template of an index. Template R 110.00 Preview
Termination and payments on termination of service
Category Basic Conditions of Employment
Payment on termination is regulated by the Basic Conditions of Employment Act, 1997 (No. 75 of 1997) Chapter Five: Termination of employment. This section does not apply to employees who work less than 24 hours per month. Section 37 deals with notice of termination of employment. In terms of this section, (subject to section 38), a contract of employment terminable at the instance of a party to the contract, may be terminated only on notice of not less than one week, if the employee has been employed for six months or less; two weeks, if the employee has been employed for more than six months but not more than one year or four weeks, if the employee has been employed for one year or more; or is a farm worker or domestic worker who has been employed for more than six months. Information Sheet R 165.00 Preview
Termination of Employment CCMA
Category CCMA
Information Sheet by the CCMA on Termination of Employment - These rules on termination of employment do not apply to employees who work less than 24 hours per month. The length of employment determines the notice period. Forms FREE Preview
TEST DOCUMENT
Category Employer's organisations
THIS DOCUMENT IS TEMPORARILY BEING USED BY THE DEVELOPERS TO TEST THE BUYING AND DOWNLOADING SYSTEM Forms R 5.00 Preview
The analysis process
Category Unions and collective bargaining
Conducting an analysis and collecting information from employees are the duties of the Designated employer. Template R 205.00 Preview
The analysis process
Category Unions and collective bargaining
Conducting an analysis and collecting information from employees are the duties of the Designated employer. Information Sheet R 190.00 Preview
The Building Industry Bargaining Council Southern & Eastern Cape (BIBC)
Category Bargaining councils
Information sheet on the Building Industry Bargaining Council (Southern & Eastern Cape) (BIBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
The CCMA and the role of the trust relationship
Category Discipline
When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Information Sheet R 95.00 Preview
The conduct of the chairperson in disciplinary hearings
Category Disciplinary hearings
An information sheet considering the impartiality of a chairperson. Prior knowledge of a case is always a contentious issue. It is not always possible for a chairperson to have no knowledge of the case, especially where the chairperson is part of the operations of the employer where the misconduct occurred. It is a fine line any chairperson should apply to determine whether she knows enough about the case to place her in a position where an opinion of guilt or innocence can be formed in her mind already. The golden rule should be that: if in doubt, rather recuse yourself and appoint another chairperson. Information Sheet R 150.00 Preview
The dominant impression test
Category Employment agreements
Section 200A of the Labour Relations Act was introduced in 2002 in order to deal with the abuses that came about to avoid the consequences of an employment relationship. The Act works on a presumption of employment that came about as a result of the legal test of the “dominant impression.” It deals with the presumptions that apply to determine who is an employee in the event of a dispute about the employment status of an employee. Articles FREE Preview
The effect of theft in the workplace
Category Discipline
Every employer will probably, at some stage or another, be faced with theft in its workplace. Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or dishonesty destroys the trust between employers and employees. Articles FREE Preview
The effect of theft in the workplace
Category Disciplinary hearings
Every employer will probably, at some stage or another, be faced with theft in its workplace. Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or dishonesty destroys the trust between employers and employees. Information Sheet R 110.00 Preview
The Employment Equity Act, No. 55 of 1998 & The Employment Equity Amendment Act 47 of 2013 - Practical Overview
Category Employment Equity
The Employment Equity Act, No. 55 of 1998 (EEA) deals with rights which are protected in our Constitution. Chapter 2 of the Bill of Rights, as contained in the Constitution of South Africa, enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom. The EEA affirms the rights of employees to equity and fairness in the work place. Publication R 220.00 Preview
The General Public Service Sector Bargaining Council (GPSSBC)
Category Bargaining councils
Information sheet on the General Public Service Sector Bargaining Council (GPSSBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
The labour broker, the employee and the client
Category Employment agreements
A consideration of the rights of a Labour Broker's employee, the role of the client of the Labour Broker and the actual Labour broker in light of a discussion through case law. Articles FREE Preview
The Law on Resignation or Dismissal
Category Employment agreements
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. Articles FREE Preview
The mistakes that haunt us in disciplinary proceedings
Category Disciplinary hearings
A consideration of case law and common procedural errors that employers may make tainting any dismissal as unfair leading to costly results. Articles FREE Preview
The POPI Act Explained
Category Amendment acts
Publication explaining The Protection of Personal Information Act (POPI) which seeks to regulate the Processing of Personal Information Publication R 196.00 Preview
The requirements for a fair disciplinary hearing
Category Disciplinary hearings
The Labour Relations Act states that a dismissal is 'unfair' if it is not effected for a fair reason and in accordance with a fair procedure. Section 188 of the LRA stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. Information Sheet R 190.00 Preview
The role of the disciplinary code
Category Disciplinary hearings
Not all employers have a disciplinary code of conduct. It is often the small employer that does not have a code of conduct and who employs more informal disciplinary measures. No law requires employers to have a code, however, all employers must comply with the rule test before it can discipline or dismiss an employee. One of the surest ways to ensure that everybody in the employer’s business complies with its rules and that the sanctions for breaking those rules are consistently applied, is adopting uniform standards of rules – called the disciplinary code of conduct. Information Sheet R 250.00 Preview
The role of the Union Representative
Category Case Studies
The role of union representatives are investigated. They are entitled by virtue of the EEA to represent employees on the EEC. The EEA clearly allows for representation and the employer must consult on the subject of EE with the union. All representative unions must be allowed. Information Sheet R 150.00 Preview
The role of the Union Representative
Category Unions and collective bargaining
The role of union representatives are investigated. They are entitled by virtue of the EEA to represent employees on the EEC. The EEA clearly allows for representation and the employer must consult on the subject of EE with the union. All representative unions must be allowed. Template R 165.00 Preview
The Safety and Security Sectoral Bargaining Council (SSSBC)
Category Bargaining councils
Information sheet on the Safety and Security Sectoral Bargaining Council (SSSBC) by LabourSmart - Basic information and contact details. Forms FREE Preview
The South African Road Passenger Bargaining Council (SARPBAC)
Category Bargaining councils
Information sheet on the South African Road Passenger Bargaining Council (SARPBAC) by LabourSmart - Basic information and contact details. Forms FREE Preview
The statutory Council for the Squid and Related Fisheries of South Africa
Category Bargaining councils
Information sheet on the statutory Council for the Squid and Related Fisheries of South Africa by LabourSmart - Basic information and contact details. Forms FREE Preview
The Transnet Bargaining Council
Category Bargaining councils
Information sheet on the Transnet Bargaining Council by LabourSmart - Basic information and contact details. Forms FREE Preview
Trade unions - How to deal with power play
Category Unions and collective bargaining
A trade union is in essence an association of employees with its principal purpose to regulate relations between the employer and the employees on matters of mutual interest. This includes collective-bargaining, dispute resolution, the representation in disputes and effectively working together in achieving labour peace in the workplace and increasing employee participation in workplace matters. Information Sheet R 95.00 Preview
Transfer of Contracts of Employment CCMA
Category CCMA
Information sheet by the CCMA on Transfer of Contracts of Employment - When a company is transferred or sold ‘as is’ to a new owner, the employees’ contracts of employment are transferred to the new company without any changes. Forms FREE Preview
UIF Electronic Declaration Specifications
Category UIF
UIF Electronic Declaration Specifications. Forms FREE Preview
Unfair Discrimination Against Transsexuals
Category Case Studies
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. Information Sheet R 110.00 Preview
Unfair Discrimination Against Transsexuals
Category Case Studies
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. Template R 125.00 Preview
Unfair dismissal
Category Dismissal
The code of good practice on dismissal is a vitally important document in the Labour Relations Act, which should be studied by any party referring or defending a dispute in the CCMA or a council relating to dismissal and incapacity cases. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. Information Sheet R 360.00 Preview
Unfair Labour Practice CCMA
Category CCMA
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. Forms FREE Preview
Unilateral Changes CCMA
Category CCMA
Information sheet by the CCMA on Unilateral Changes - Terms and conditions of employment of employees are normally stipulated in their contracts of employment, which can either be verbal or be in writing. Forms FREE Preview
Verbal warning
Category Disciplinary hearings
A type of sanction for misconduct - a record of a verbal warning. Information Sheet R 110.00 Preview
Verbal warning
Category Disciplinary hearings
A template of a record of a verbal written warning. Template R 125.00 Preview
Versameling van kennisgewings van dissiplinere prosses
Category Disciplinary hearings
Notification of a disciplinary hearing. Information Sheet R 360.00 Preview
Versameling van kennisgewings van dissiplinere prosses
Category Disciplinary hearings
Notification of s disciplinary hearing. Template R 125.00 Preview
Voorbeeld van opskorting
Category Disciplinary hearings
Opskorting van dienste hangende ‘n ondersoek na beweerde onreëlmatighede. Information Sheet R 70.00 Preview
Voorbeeld van opskorting
Category Disciplinary hearings
Opskorting van dienste hangende ‘n ondersoek na beweerde onreëlmatighede. Template R 75.00 Preview
Vulnerable employees - Part time employment
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 95.00 Preview
Vulnerable employees - Temporary employment
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 95.00 Preview
Vulnerable employees - Temporary employment Services
Category Vulnerable employees
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. Information Sheet R 130.00 Preview
Wasting time or idling
Category Spesific transgressions
This is getting more and more a problem for employers where employees are spending their work time on social media sites or on their phones or play on the internet or watch pornography over the internet in work time. Another example is employees taking extended breaks such as lunch breaks, tea breaks or smoke breaks, gossiping at other’s work stations. Information Sheet R 95.00 Preview
What is Arbitration CCMA
Category CCMA
Information sheet by the CCMA on what Arbitration is - Arbitration is a more formal process than conciliation. Arbitration differs from conciliation in that it does not promote the continuation of collective bargaining and negotiations. Forms FREE Preview
What is the CCMA
Category CCMA and B/councils
The CCMA is set up as an independent jurisdiction person. It has jurisdiction in all the provinces in the Republic and has established provincial offices in all the Provinces. Information Sheet R 95.00 Preview
What you say on Facebook can get you fired
Category Discipline
Facebook, Twitter and other social network sites are part of many people’s lives, some more than others. As a consequence, employees are active and post comments, read comments or chat on a continuous basis on these sites, also during work hours. Apart from idling your time away, what you say there can also constitute misconduct. Articles FREE Preview
When is a dismissal fair in alcohol abuse cases
Category Discipline
Every chairperson, when deciding on a sanction, must go through a process where he or she decides whether dismissing the employee is the right or fair thing to do. A consideration of case law regarding fairness in intoxication misconduct cases. Articles FREE Preview
When to apply for rescission in the CCMA
Category CCMA and B/councils
Rescission is governed by Rule 32 of the CCMA rules read with section 144 of the LRA. It can only be sought on very limited grounds as set out in section 144. This article considers the interpretation of section 144 - Rescission - through the case law. Articles FREE Preview
Work Times CCMA
Category CCMA
Information sheet by the CCMA on Work Times - This does not apply to senior managers, travelling sales staff or people who work less than 24 hours a month. Employees earning more than R205 433.30 a year are also excluded. (2014) Forms FREE Preview
Worker’s Guide to UIF
Category UIF
Basic Worker’s Guide on UIF - Paying UIF and Claiming benefits, with links to the relevant section from the Unemployment Insurance Act Forms FREE Preview
Workplace Discipline and Dismissal
Category Dismissal
This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place. Publication R 330.00 Preview
Workplace Forums CCMA
Category CCMA
Information sheet by the CCMA on Workplace Forums - The workplace forum is designed to provide non-adversarial opportunities for employers and employees to cooperate by means of consultation and joint decision-making on a range of workplace related issues excluding wage negotiations. Forms FREE Preview
Written Particulars of Employment CCMA
Category CCMA
Information sheet by the CCMA on Written Particulars of Employment - In terms of the law, when an employee starts to work for the employer, certain details must be written down. These may form part of a written contract of employment. Forms FREE Preview
Written warning
Category Disciplinary hearings
A type of sanction - a written warning. Information Sheet R 95.00 Preview
Written Warning
Category Disciplinary hearings
A type of sanction - a written warning. Template R 110.00 Preview
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