Employee protection in the workplace

A WORD OF CAUTION

It is illegal and unfair labour practice for an employer to unilaterally change working hours or other employment conditions to implement the NMW. The NMW is the amount payable for ordinary hours of work and excludes payment of allowances (such as transportation, tools, food, or lodging), payments in kind (board or lodging), tips, bonuses and gifts. – Labour Guide South Africa

DISMISSAL ON SHORT-TERM SICK LEAVE

Legislation sets a maximum working time of nine hours per day (excluding lunch) for most employees on a five-day week, with a weekly cap of 45 hours. Beyond this, employees can claim overtime compensation. Workers are entitled to a minimum of 21 consecutive days (or 15 working days) of annual leave on full pay, accrued at one day for every 17 days worked. Sick leave is granted at a rate equal to the employee’s normal working days over a 36-month cycle..

PREVENTING DISCRIMINATION

The Constitution prohibits unfair discrimination in employment policies or practices. Preventing discrimination involves taking proactive measures and implementing policies to ensure fair and equal treatment for all individuals, regardless of characteristics:

• Inclusive environment promoting diversity
• Enforce anti-discrimination policies
• Education and awareness programmes
• Actively promote diversity and inclusion
• Promptly address discriminatory behaviour
• Ensure equal opportunities and rights
• Foster a culture of dignity and respect
• Zero tolerance for discrimination

RIGHT TO ORGANISE

Section 23 of the Constitution provides that everyone has the right to fair labour practices, and every worker has the right to form and join a trade union, to participate in the activities and programmes of a trade union, and to strike (Republic of South Africa, 1996). Employees can voice complaints to trade union representatives, who, at the employee's request, can inspect relevant employment records. Trade unions have autonomy in determining administration, programmes, and activities, as well as the right to organise, form and join federations and engage in collective bargaining. For an action to be considered a strike under South African and International law, it needs to meet three basic criteria: work environment for everyone to prevent unnecessary harm, illness and loss.

ENSURING SAFE WORKING CONDITIONS

People are crucial assets in any organisation, and they deserve a safe and healthy workplace. The Occupational Health and Safety Act (OHSA) (Act 85 of 1993) was created to ensure this. Its main goal is to proactively establish and uphold a safe work environment for everyone to prevent unnecessary harm, illness and loss. The OHSA outlines employer obligations for worker health and safety:

• Safe work environment: Provide a hazard-free workplace
• Training: Offer adequate training for risk awareness
• Safety equipment: Supply necessary safety tools
• Emergency procedures: Establish and communicate accident response plans.
• Health monitoring: Conduct assessments for occupational health risks
• First Aid facilities: Ensure access and train first aid personnel
• Personal Protective Equipment (PPE): Supply and enforce personal protective equipment
• Policies: Implement and communicate safety policies.
• Risk assessments: Regularly identify and mitigate hazards
• Compliance: Ensure adherence to health and safety regulations