SAFTU’S INTENDED PROTEST ACTION ON 25 APRIL 2018
Introduction
As Management may be aware from recent media reports, the South African Federation of Trade Unions (SAFTU) – of which NUMSA is a member – is preparing for a national day of action in the form of a general strike on 25 April 2018 in protest against the introduction of the labour law amendments and the national minimum wage.
This Management Brief provides some basic background to the issue and guidance to Management in dealing with the planned protest action.
Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits registered trade unions or federations such as SAFTU to undertake protected protest action to promote the social and economic interests of workers, provided that they observe the procedural requirements contained in Section 77 of the LRA.
It is important to note that whilst SAFTU’s application to the Section 77 Sub-Committee of NEDLAC was unsuccessful, three trade unions affiliated to SAFTU (i.e. NUPSAW, ICTU and Salipswu) made a similar Section 77 application to NEDLAC some time ago for strike action on 12 and 25 April 2018.
This application was duly considered by NEDLAC and the NEDLAC Section 77 Standing Committee determined the notice to be compliant with the administrative requirements of the LRA. Consequently, employees participating in any action on 12 and 25 April 2018 will be protected by the normal rules regarding protected strikes, namely: no work, no pay and no disciplinary action.
The action on 12 April seems to be limited to the Western Cape, with the rest of the country potentially likely to be affected on 25 April 2018.
Since the three trade unions referred to above are affiliated to SAFTU, this opens the way for other SAFTU-affiliated trade unions – such as NUMSA – to piggyback on the protected action.
Consequently, employees participating in any action on the 12th and the 25th of April will be protected by the normal rules regarding protected strike action, namely: no-work-no-pay and no disciplinary action.
Management Guidelines on Possible Absenteeism on Thursday, 12 and Wednesday, 25 April 2018
SEIFSA recommends that Management adopts the following course of action in dealing with any stay-away from work on the 12th and the 25th of April:
- Inform all workers that any absences related to the protest action will be treated on the following basis:
- no work, no pay and no disciplinary action;
- a shift for leave pay and leave enhancement pay qualification purposes will be lost in respect of the day’s absence; and
- any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Thursday, the 12th and Wednesday, the 25th of April 2018.
The Staff of the SEIFSA Industrial Relations and Legal Services Division are available on (011) 298-9400 to provide any further advice and/ or assistance to Management on the contents of this Management Brief.
AMCU’S INTENDED PROTEST ACTION ON 20 MARCH 2018
Introduction
As you may be aware from recent media reports, the Association of Mineworkers and Construction Union (AMCU) is preparing for a protest action in the form of a one-day national strike on Tuesday, 20 March 2018.
This Management Brief provides some basic background to the issue and guidance on dealing with the intended protest action
Background to the AMCU Stay-Away
On 29 August 2017 AMCU submitted a Section 77 (1)(b) notice confirming its intention to proceed with a socio-economic protest strike action “due to the failure of the Department of Mineral Resources to ensure the socio-economic welfare of workers through proper regulation and enforcement.”
AMCU has subsequently given notice to NEDLAC in terms of Section 77 (1)(d) of the Labour Relations Act, that they will embark on a nationwide protest action on 20 March 2018.
Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits trade unions such as AMCU to undertake protected protest action to promote the social and economic interests of workers, provided that they observe the procedural requirements contained in Section 77 of the Labour Relations Act 66 of 1995.
It is important to note that protest action in terms of Section 77 of the LRA is only legal or protected if the issue in dispute has been considered or finalised by NEDLAC and the union or federation (in this case AMCU) has given 14 days’ notice to NEDLAC of its intention to proceed with such protest action. In the absence of these conditions, any protest action would not be protected.
The NEDLAC Section 77 Standing Committee has determined the notice to be compliant with the administrative requirements of the LRA.
Consequently, AMCU members participating in any action on 20 March 2018 will be protected by the normal rules regarding protected strikes, namely: no work, no pay and no disciplinary action.
Management Guidelines on Possible Absenteeism on Tuesday, 20 March 2018
SEIFSA recommends that management adopt the following course of action in dealing with any stay-away from work on 20 March 2018:
- Inform workers (i.e. members of AMCU) that any absences related to the protest action will be treated on the following basis:
- no work, no pay;
- a shift for leave pay and leave enhancement pay qualification purposes will be lost in respect of the day’s absence; and
- any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Tuesday, 20 March 2018.
The Staff of the SEIFSA Industrial Relations and Legal Services Division are available on (011) 298-9400 to provide any further advice and/ or assistance to management on the contents of this management brief.
POPI training and POPI workshops at SEIFSA
The Protection of Personal Information (POPI) act, signed in 2013, is legislation that seeks to protect an individual’s right to information about them. It deems an individual’s data as “precious goods” that they have full rights to. Although signed in November 2013, some aspects are already in limited implementation (facilitated by proclamation No. R, 25. 2014) and include:
- Definitions found in section 1.
- Information Regulator found in Part A of Chapter 5.
- The process governing the making of regulations found in section 113.
The act is expected to come into full effect in 2018 upon the president’s pronouncement, but organizations need to start working towards implementation today.
What will POPI mean for your firm?
Implications of POPI Act for Your Organization
Many organizational leaders have been grappling with trying to understand better what the POPI act means for the companies they lead. Here is what enforcement of the act will mean to you.
- The first thing that your organization should note is the fact that it will only be allowed to collect information necessary for its operational needs. For any firms that have been relying on excess data points, this may pose a difficulty. Compliance will include spending the resources needed to assess all the information held by the organization in a bid to know what data confirms to this requirement.
- Any information that you collect on clients and employees must be regularly updated to reflect any change that might have occurred since the last date of record.
- Once dealings with a client whose information you hold are over you will be required to delete it from your system. The same will apply to any staff who are no longer part of the organization as well or be at risk of legal liability.
- You will be legally tasked with the mandate to provide adequate protection for the data you collect. Your organization will have to expend resources in implementing safeguards e.g., investing in cloud systems for safe backups, encryption technology to protect it from any malicious actors whether at rest or when in use, etc.
- If any client requests to take a look at the data you have on them, the law gives them the right to access that information. Your organization will, therefore, have to take a thorough look at all the reasons why it needs the data it collects if it might be compelled by law to share it.
Training Your Staff on These Implications
Non-compliance with the POPI act could land you an R10 million fine or ten years in jail. It is therefore critical that you train the necessary staff on what the act is, why it is essential to comply with and what needs to be done to achieve compliance.
Why Attend the SEIFSA POPI Training Workshop?
The SEIFSA POPI workshop is a half-day training program geared towards unpacking the meaning of the POPI act in great depth and empower you to understand the implications for your organization. The POPI training will involve helping the attendees learn what particular processes unique to their operations will need to either be reviewed, introduced or scrapped to gain compliance.
The POPI workshop is most suitable for:
- Managers
- HR officials.
- Officers in charge of compliance.
- Managing directors.
Benefits of Attending the SEIFSA POPI Workshop
There are specific advantages of being a part of the SEIFSA POPI training program for both the individual and the organization.
Staff Benefits
- Unique Content and Excellent Facilitation:
The speakers facilitating the training are of the highest grade and are industry-leaders in every respect. As a result, the content that is put together conforms to high-quality standards aimed at comprehensively empowering every attendee.Due to the caliber of speakers on hand attendees won’t just be facilitated in the usual fashion. They will instead receive the forefront information gleaned from those within the industry who are effecting change. Latest insights on the act and its impact on companies will be a crucial focus of the entire workshop. - Skill Development:
Staff who will be part of the workshop will have a unique opportunity to learn new skills and sharpen existing ones as well. Through interaction with other attendees from different organizational cultures and also industry leaders, they will be able to learn better ways of working that positively impact their skill sets. - Change of Pace:
Staff members who attend the workshop will learn and engage with others in a different setting from their usual operational environment. The change in pace will not only help them learn better, but they will be more refreshed and productive once back in the office. - Staying Current with the Industry:
Attendees of the workshop will get to learn about the latest industry trends and be up to date with the newest methods of operation and compliance. As a result, company productivity will receive a positive boost overall. - Networking:
Attending the workshop will provide a timely opportune for employees to create linkages with compatriots through networking segments of the program. - Positively Impact Other Employees:
Attending the workshop will enable the staff gain skills they can then take back to their organizations. Other colleagues will get to learn from your knowledge and benefit as a result. The overall effect for the organization will see positive growth and productivity.
Company Benefits
- Talent Growth:
Having staff attend the workshop will build a competitive advantage due to the knowledge they will receive that ultimately sets the company apart. - Tax-Deductible:
The company can file a claim for the expenses related to the workshop to reduce its tax burden while simultaneously empowering its employees. - Greater Staff Loyalty:
Providing employees with an opportunity to improve their talents and network builds greater buy-in and loyalty towards the organization. - Top Grade Content and Facilitation:
Staff who attend the workshop will get to learn from industry luminaries who will train them using critical insights gained from navigating the latest trends. - Enhanced Productivity:
The combination of enhanced training using leading trends and information, opportunities to network and a change of pace work together to improve employee productivity. Ultimately the organization will benefit.
Conclusion
Introduction of the POPI act calls for organizations to re-orient their operations for compliance. SEIFSA provides industry-leading training to empower companies on how to navigate the legislation best. Download now for a free EBook to learn how to speak to your manager for more success today.
Job Grading
The primary objective of job classification is to accurately define and describe the current duties and responsibilities of jobs for purposes of:
- Determining compensation levels and competency requirements.
- Identifying career ladders and promotional lines.
- Translating broad company plans into the assignment of duties and responsibilities to individual jobs (job descriptions).
The classification of work is fundamental to any HR management system. In large and complex companies, both public and private, it provides a means of grouping similar types of work together so that they can be ranked by levels of difficulty and differentiated from other work.
Factors that are considered include such elements as the:
- Nature, scope and level of the duties and responsibilities
- Relationship of the job to other jobs in the department
- Supervision given or received
- Exercise of independent judgment
Impact of the work performed to the organisation – both of scope and duration
Classification is based upon the objective elements of a job and does not consider the status of an incumbent. Typically, the employee’s length of service, time spent at the maximum salary level of the job, or the quality of performance is therefore not considered in determining the appropriate classification of a job.
When the work is properly defined and classified, managers are able to determine the skills needed to perform the work.
Grouping similar work and the employees who do that work, provides unions and the employer with a practical means of collectively bargaining appropriate employee wages and terms and conditions of employment.
Alignment of the work and the skills required to perform it is essential for the effective:
- Recruitment
- Selection
- Retention
- Professional development of employees.
Job classification for scheduled jobs in the metal and engineering Industry is done according to the Main Agreement where the current 13 grade structure is still applicable.
IR & Legal Services Consultancy
SEIFSA IR Services’ qualified and experienced staff offer a legal service to companies that encompasses consultancy on all industrial relations and labour legislation issues, including the resolution of company-level disputes over allegations of unfair dismissals, unfair retrenchments and unfair labour practices.
Let our team of professional industry experts assist you in:
- Preparing all necessary documentation
- Preparing witnesses for evidence and cross-examination
- Presenting the company's case to the arbitrator or in court
- Processing the bargaining council's exemption applications
Our staff maintains a high rate of dispute resolution through the bargaining council's dispute resolution centre, protecting member companies from industrial action and costly litigation.
In a nutshell, our service embraces:
- Advice on general industrial relations and legal issues
- Interpretation and advice on labour laws
- Interpretation and implementation of the bargaining council agreements
- Formulation and implementation of company-level industrial relations policy documents and procedures
- Assistance in bargaining council and CCMA dispute resolution processes
- Formulation and processing of bargaining council exemption applications
- Representation at arbitration hearings and at the Labour Court
- Grading of industry employees
- Assistance in formulating employment equity plans and reports
- The chairing of company-level disciplinary enquiries
RATES
Members: R 599.00 (incl. VAT)
Non-Members: R 900.00 (incl. VAT)
Industrial Relations Retainer Package
SEIFSA’s Industrial Relations division has introduced a comprehensive industrial relations management retainer service.
The service includes the following:
- All aspects of industrial relations management up to and including the convening of grievance, disciplinary and appeal hearings, meetings with unions and shop stewards and the attending of conciliations at the CCMA / MEIBC CDR
- Charing of various shop steward committee meetings and assisting in management and elected committees, the compilation and submission of the Employment Equity Act EEA 2 and EEA 4 Report forms
The cost of the service to member companies is R3300.00 (incl.VAT) per month for the first eight hours of the service with any additional hours thereafter billed at the standard SEIFSA member billing rate of R599.00 (inc. VAT) per hour.
Terms and Conditions
The duration of this agreement will be for a minimum period of 12 months.
SEIFSA undertakes to review the agreement with the member annually thereafter.
The retainer package does not include:
- Representation at arbitration and Labour Court proceedings. Representation by a SEIFSA Industrial Relations consultant at arbitration proceedings will be at the standard SEIFSA billing rate
URGENT COMMUNICATION TO ALL CEOs, MDs AND GENERAL MANAGERS ON AMENDMENT TO SECTION 13A OF THE PENSION FUND ACT
At its meeting on 1 August 2016, the SEIFSA Board advised that member companies be made aware of recent amendments to the Pension Fund Act that became effective from 28 February 2014. It is vitally important that member companies take note of and/or implement the points in this communication. Please click here for the letter.
SEIFSA-Affiliated Member Companies May Apply For Exemption From A Collective Agreement.
There has been a significant amount of commentary doing the rounds on the outcome of the recent Free Market Foundation’s challenge concerning the extension of collective agreements in line with section 32 of the Labour Relations Act.
Attached : A letter from SEIFSA’s CEO, Mr Kaizer Nyatsumba
Seeking Exemption from Paying the Leave Enhancement Pay (Leave Bonus) in December
Companies do not only have the choice of applying for a full exemption to the LEP, but may choose to apply for total exemption, partial payment and / or a deferred or staggered payment.
Management’s attention is drawn to the importance of the council’s requirement that an application must be accompanied by the following important information in order for the application to be considered:
A fully detailed motivation explaining the difficulties that the company is experiencing and hence the need for the application.
Audited Financial Statements for the financial year ending 2014/2015. In the case of a closed corporation - a full set of financial statements which are to be signed by an Accounting Officer and the latest management accounts for the last three months. If the financial statements are older than six months, then the management accounts for the recent three months are required.
Formal confirmation that employees were informed of the company’s decision to make an application for exemption.
Where employees reject the company’s approach, they are to be informed of their right to submit written reasons for objecting to the exemption application and such reasons should be attached as an annexure to the company’s application.
The signature of at least two employees who accept being the representatives for the workforce and who will be affected by the application. Representatives of the workforce are to sign the form, contained in the exemption application questionnaire, consenting to this.
The signatures of employees accepting that they have been informed of the implications of what the firm is proposing to the Council.
Where the employees are trade union members, the company should inform the local trade union office of the intention to apply for an exemption and request, in writing, a meeting with the local official to discuss the impact of the exemption on the company and the members of the union.
Where employees have elected a trade union representative or representatives (shop stewards) these persons should be requested to sign that they were consulted and that they understand the need for applying for the exemption. Where the local trade union official and/or shop stewards have been consulted and where they reject the application, such refusal must be recorded in the application and countersigned by at least two witnesses.
Where the local trade union official and/or shop stewards and affected employees support the exemption application, this signed agreement should be included with the application.
It is recommended that all meetings in this regard between management, employees, shop stewards and union officials have signed attendance 5exemption application.
The application itself is to be signed by either a director of the firm, member, owner or a senior accountant - neither a bookkeeper nor the human resources manager’s signatures will be acceptable.
Any member wishing to apply for exemption is encouraged to contact the SEIFSA Industrial Relations and Legal Division for advice and assistance. Alternatively download the SEIFSA Management Brief and Pro-Forma Questionnaire on Applying for Exemption from the LEP at www.seifsa.co.za / …….
Management Brief Cosatu Action 7 October 2015
BACKGROUND TO THE COSATU STAY-AWAY
The Labour Relations Act (LRA) permits registered trade unions or federations of trade unions, such as Cosatu, to undertake protected protest action to promote the social and economic interests of workers, provided that they observe the procedural requirements contained in Section 77 of the LRA.
On 17 August 2015, Cosatu submitted a Section 77 notice on the State of Public Transport in South Africa to Nedlac. The Nedlac Section 77 Standing Committee met on 14 September 2015 and determined the notice to be compliant with the administrative requirements of the LRA.
PROTEST ACTION
The forms of protest action and action in contemplation of and furtherance of the protest action will involve:
- Rallies, marches, demonstrations at or near the offices of SANRAL and the Department of Transport on 7 October 2015; and
- A national stay-away or socio-economic strike action on 7 October 2015.
MANAGEMENT GUIDELINES ON THE COSATU ACTION
SEIFSA recommends that management adopt the following course of action in dealing with any stay-away on 7 October 2015:
- Inform all workers that any absences related to the protest action will be treated on the following basis:
- No work, no pay, no disciplinary action;
- A shift for leave pay and leave enhancement pay qualification purposes will be lost in respect of the day’s absence; and
- Any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours on 7 October 2015.
- If you do have a Cosatu-affiliated trade union on your shop floor, it is recommended that you consider the possibility of agreeing to an alternative working time arrangement to a worker stay-away by, for example, reaching agreement with employees that only the shop stewards participate in the stay-away on the basis that they will not forfeit pay, on condition that all members present themselves for work on 7 October 2015. Alternatively, that lunchtime demonstrations replace the stay-away action.
The staff of the SEIFSA Industrial Relations and Legal Services Division are available to provide further advice or assistance to management in this regard.