How to Prepare for the New Labour Laws
Greig WhittonFounder, Evergrow
Paul CooleyFounder, Workplace Strategies
Webinar outline
• Umbrella sectoral determinations
• Minimum remuneration increases
• Temporary employment service providers
• Deemed full-time employment
• Full-time benefits for non-full-time employees
• Re-definition of discrimination
• Employment of foreign nationals
Umbrella sectoral determinations
• What does it involve?
− The Minister of Labour may publish employment terms and conditions that bind all
employers not already governed by an industry-specific sectoral determination
Umbrella sectoral determinations
• What should you do about it?
− Factor unexpected employment cost increases into growth plans
− Include an employment cost buffer when budgeting
Minimum remuneration increases
• What does it involve?
− The Minister of Labour may publish minimum wage increases on top of base
minimum wages
Minimum remuneration increases
• What should you do about it?
− Determine whether any salaries exceeding minimum wage are necessary
− Include an employment cost buffer when budgeting
− Prepare a contingency plan for work performed by highly paid employees
Temporary employment providers
• What does it involve?
− Legal proceedings, compliance orders, and arbitration awards may apply to both
temporary employment service providers and their clients
− Temporary employees contracted via a temporary employment service provider
may be deemed to be employees of the client
Temporary employment providers
• What should you do about it?
− Determine whether contracting temporary employment providers is still worthwhile
− Ensure that any temporary employees only perform temporary work
Deemed full-time employment
• What does it involve?
− Fixed-term employment must be justified in writing or be considered full-time
Deemed full-time employment
• What should you do about it?
− Ensure that any fixed-term employment can be justified
− Clearly specify the justification for any fixed-term employees in their contracts
Full-time benefits
• What does it involve?
− Non-full-time employees must be treated no less favourably than full-time workers
performing similar work (depending on their earnings and employment period)
Full-time benefits
• What should you do about it?
− Identify whether any non-full-time employees will be entitled to full-time benefits
− Plan and budget ahead to avoid unexpected employment costs
Re-definition of discrimination
• What does it involve?
− The definition of “discrimination” will be extended to unequal pay for equal work,
and any other arbitrary ground not otherwise listed in the Act
Re-definition of discrimination
• What should you do about it?
− Scrutinise all employee management practices to ensure that any differential
treatment won’t constitute discrimination
Employment of foreign nationals
• What does it involve?
− Foreign nationals will be excluded as beneficiaries of affirmative action
− You must use public employment services before employing foreign nationals
Employment of foreign nationals
• What should you do about it?
− Calculate the impact of excluding foreign nationals from affirmative action quotas
− Determine whether contracting foreign nationals is worth the potential hassle of
using public employment services
Need more help?
• Evergrow forums
• Evergrow labour guides
• Greig: 021 671 8225
• Paul: 076 299 7807