Check out Measuredability’s General Articles Section
ETIQUETTE PART 1: DIFFICULT CANDIDATES
in GeneralWe all know how stressful it is dealing with irate candidates, and to the best of your ability, you are the calming factor to them while they deal with the frustration of not having a job.
Sitting in an office of recruiters, I have noticed the ever emerging double edged sword when it comes to dealing with your candidates, or potential candidates politely. Sometimes they forget their manners, and the consultant becomes their new punching bag. Naturally, you as the recruiter was to be professional, and put that across to your candidates.
All you want is to place your candidate on the right path, and help them nurture their careers, so when they become unruly and create ridiculous expectations, it is a recruiters worst nightmare.
Let me break these candidates into 5 categories, and share light on how to deal with them accordingly:
-
The Ego Elitist
This type of candidate usually has ZERO work experience, and expect the perfect job to fall into their laps. With the perfect salary to go with it. The frustration starts when they keep pestering you, and fail to understand why you are taking so long to place them (because they are so perfect, right?). Even if they do possess an impressive skill set, the delusions of grandeur are even more impressive, and telling them that will backfire in the most dramatic way.
How to deal with and help them:
The easiest way to deal and help these candidates is to make them realise their own shortcomings. When these candidates are forced to think about their inadequacies, a more realistic way of thinking may set in.
-
The ‘whatever’ candidate
Recruitment is tiring and beneath them. Why would anyone want to have a good work ethic, surely that is for losers only? The candidates are the ones that typically cancel an interview an hour before it starts because they couldn’t be bothered.
How to deal with and help them:
Somestimes, and it is unfortunate, but you have to cut your losses. Why stake your reputation on someone who doesn’t actually want a job. Unless you are the reason they have become so unreceptive (in which case, apologies and try rekindle the relationship), these candidates will be ‘unmarketable’.
-
The ‘umm’ and ‘err’ candidate
These candidates never have an answer to your questions. They fumble with their words, and honestly have no idea what is going on half the time. Researching isn’t an obvious choice, and GOOGLE is a foreign entity. Sometimes, this is because they are inexperienced. They have never been for an interview and are unsure of the work needed to progress to the second stage of interviews.
How to deal with and help them:
Job applications can be daunting and stressful, but if you think these candidates have potential, invest in them! Coach them into becoming interview machines! It never hurts to mentor, and build a strong relationship.
-
The ‘I need you’ needy candidate
You’ve just done their first face to face interview before sending off their documentation to the respective client, and your cellphone hasn’t stopped ringing. These are the candidates that over-think everything. From what font to type out their C.V’s in, to what colour socks they should wear to their interview.
How to deal with and help them:
They need to establish boundaries, for themselves and for you. The only way to truly help them is to keep them updated when you have information, and not respond to every single whatsapp you receive from them. Each consultant has several candidates they are looking after at any given time, so a precedent needs to be set. For fairness sake. Plus, you need to let your candidate try and figure out the answers for themselves.
-
The Obnoxious and Rude candidate
These candidates want a job, but heaven forbid you pair them up with the wrong industry.
‘How dare you put my CV forward for a sales position that is beneath me! They are the kings and queens of the condescending voice tone, and it’ll be hard to get them to answer their phones.
How to deal with and help them:
Do they understand the error of their ways? Are they aware of the fact that they easily offend people? Sometimes the best way to get them to understand their bad manners, is to tell them, point blank.
If they are truly keen on finding a job, and allowing yo to help them, they will change their attitude and be more amicable.
Looking for a job?
Please visit our jobseeker page, and upload your C.V to our nationwide database! Should a potential job offer open, and you are considered, we will contact you!
Looking for staff?
Let our dedicated and hard working team of consultants find you the perfect candidate. Please visit our employer page and tell us what you are looking for!
HOW ARE LEADERS BORN?
in GeneralLeadership is something that is developed over time, it’s not something you are born with.
According to Bernard Bass, there are three ways a person can become a leader:
- Trait Theory: this is where personality traits lead people into leadership roles. There are only a few people out there who intrinsically have the traits to be a natural leader.
- Great Event Theory: Usually occurs through an event that forces greatness and leadership from an individual. This usually happens because the event made the person realise they had qualities they didn’t even know they had.
- Transformational Leadership Theory: This theory states that people choose to be leaders, and as a result, teach themselves leadership techniques. Thus being the most common of the three techniques.
Now that we understand how one can become a leader, what sort of qualities does a leader need to possess in order to be a great mentor?
- Before you can mentor an individual, you need to be sure of your plan. A vision! These need to inspire people, so much so that they are ready to believe in your vision and execute your plan.
- An effective mentor knows their strengths and weaknesses, and they also know how to maximise on all of them.
- You need to have a cool head on your shoulders. Be calm under pressure.
- Flexibility is a huge MUST HAVE.
- A mentor and leader needs to know how to easily diffuse conflict.
One also needs to realise that it is very hard to mentor, without being a leader.
Want to learn more about how to become a great leader and mentor? Why not check out our blog on Be a Mentor and a Leader, or How To Be An Effective Mentor?
Looking for a job?
Please visit our jobseeker page, and upload your C.V to our nationwide database! Should a potential job offer open, and you are considered, we will contact you!
Looking for staff?
Let our dedicated and hard working team of consultants find you the perfect candidate. Please visit our employer page and tell us what you are looking for!
BE A LEADER AND A MENTOR
in GeneralEver wondered what it takes to be a leader and a mentor? This blog article aims to help highlight how you can, in fact, be both.
I’m pretty sure that every human on this earth longs for a work environment that is conducive to progress. We all want to learn. We all want to be appreciated for putting in the effort to learn as well. The push and pull of leaders and their students is a two way street however. The mentor must be willing to teach, and mould. The student needs to be willing to learn, and apply what they have learnt.
I’ve always said the fundamentals to becoming a great leader is to learn how to mentor.
I have found, in my time, that your designated leaders in each job are often not well enough equipped to take on the ‘extra task’ of actually mentoring. Be it for reasons of time or energy, or the most common reason, not wanting to.
The truth of the matter is, you will not help anyone by just ‘managing’ them. By managing your staff, you are only telling them what they already know. That’s why they got the job. By mentoring, you may be surprised at how their performance increases! Your young employees, especially, are the future leaders, and why wouldn’t you want to be a part of what makes them great future leaders?
When you finally come around and realise how rewarding mentoring can actually be, there are a couple rules of thumb to follow:
- Always make sure your purpose is clear. There is no point in trying to mentor if you have no plan. What are you hoping to achieve? What sort of growth will you be facilitating?
- Learn how to read body language. Sometimes a discussion needs to be drawn out, for all points to be uncovered and further discussed. Your learners may be nervous at first, but if they know they are in safe hands, with ears that are always ready to listen, your lessons will be well received.
- Try not to leave important discussions for the last minute. Rather have small discussions frequently. Try not to give off the ‘we should have a chat’ vibe, as this may seem rather off-putting.
- Remember you have chosen to be a mentor. So walk the talk.
Looking for a job?
Please visit our jobseeker page, and upload your C.V to our nationwide database! Should a potential job offer open, and you are considered, we will contact you!
Looking for staff?
Let our dedicated and hard working team of consultants find you the perfect candidate. Please visit our employer page and tell us what you are looking for!
BASIC GUIDE: LABOUR RELATIONS IN SOUTH AFRICA
in GeneralBASIC GUIDE: LABOUR RELATIONS IN SOUTH AFRICA
In today’s world, we need to arm ourselves with as much information regarding our rights. Especially when it comes to fair and unfair labour practices., according to Labour Relations in South Africa.
Every employee/worker is entitled to fair labour practices in South Africa. Let us elaborate a bit more on fair labour practices, and the different types of unfair dismissal.
First, who does The Labour Relations Act apply to?
The Labour Relations Act applies to all employers, workers, trade unions and employers’ organisations. It does not apply to:
- National Defence Force,
- National Intelligence Agency, or
- South African Secret Service.
The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace.
For a fuller understanding of The Labour Relations Act, please download it here.
DISMISSAL:
Under dismissal, every employee or worker has the right to not be unfairly dismissed.
What is the definition of DISMISSAL?:
“Dismissal” means that, or the reason for ‘Dismissal’ is –
- the employer has ended a job contract with or without notice;
- an employer did not renew a job contract as agreed, or offered to renew it on less favourable terms;
- an employer does not allow a worker to return to work after she –
- has taken legal maternity leave;
- has been absent up to 4 weeks before and up to 8 weeks after the birth;
- an employer, who has dismissed several workers for the same reason, re-employs only some of them;
- a worker ended a job contract with or without notice, because –
- the employer made working circumstances unbearable; or
- a new employer made working conditions less favourable than the old employer.
Fair Dismissal is when:
There is really only 3 grounds for fair dismissal;
- Conduct of the employee
- Capacity of the employee (his ability to do his job)
- Operational requirements of your business (retrenchment)
As stated by (www.labour.gov.za), fair dismissal is also when;
- A worker has reached retirement age
If an employer wants to dismiss an employee, there are 5 vital elements to substantive fairness:
- The accused employee did commit the misconduct.
- The employee knew or should’ve known that the conduct was an infringement of your rules.
- The rule or standard was valid or reasonable.
- The rule was consistently applied.
- The misconduct was serious enough to merit the harsh penalty of dismissal.
What are some of the reasons an employer would want to dismiss an employee or worker?
- Absenteeism
- Alcohol addiction & abuse
- Breach of restraint of trade agreement
- Desertion
- Disability
- Email/Internet abuse
- Failure to observe security and safety regulations
- Gross incompetence
- Gross negligence
- Illegal striking
- Incapacity
- Insubordination
- Moonlighting
- Poor performance
- Refusal to work
- Retrenchment
- Sexual harassment
- Sleeping on duty
- Theft
- Time keeping
Unfair Dismissal is when:
- a worker intended to or did take part in or supported a strike or protest; or
- a worker refused to do the work of a striking or locked out co-worker, unless his refusal will endanger life or health; or
- a worker is forced to accept a demand; or
- a worker intended to or did take action against an employer by –
- exercising a right; or
- taking part in proceedings; or
- a worker is pregnant or intends to be pregnant; or
- an employer discriminated against a worker because of race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility; or
- an employer cannot prove –
- a worker’s misconduct or inability; or
- that the employer’s operational needs are valid; or
- that the dismissal procedure was fair.
What happens after the idea of dismissal has been discussed?
There is something called ‘Pre-Dismissal Arbitration’, where, with a worker’s consent, an employer may want to seek assistance from a council, agency or Commission for Conciliation, Mediation and Arbitration also known as the CCMA, to arbitrate on a workers conduct or ability.
Only after the employer has paid the necessary fee, and the worker has given consent, will an arbitrator be appointed.
When the time for arbitration arrives, a worker may represent himself, or be represented by the following individuals:
- A co-worker
- A director or worker (if they are a juristic person)
- Any member of the workers registered trade union, or
- A lawyer that has been agreed to by both parties.
Now that we understand a bit more of the processes included before and during a dismissal, what exactly constitutes and ‘Unfair Labour Practice’?
Unfair Labour Practice:
Means any failure to act or unfair act of an employer towards a worker.
Concerning:
- Promotion/Demotion, Trial Periods, Training or Benefits.
- Suspending a worker or disciplinary action,
- Refusing to re-employ a worker, as agreed, and
- An employer makes circumstances difficult for a worker who was force to make a protected disclosure.
In the event of this happening, a worker may dispute their dismissal.
Disputes:
What is the procedure when it comes to ‘disputes’?
When unfairly dismissed, a worker may refer disputes for conciliation in writing to:
- a statutory or bargaining council; or
- the CCMA.
Referrals must be made within –
- 30 days of a dismissal date or an employer’s decision to dismiss;
- 90 days of the date of an unfair labour act; or
- 90 days of the date when a worker became aware of an unfair act.
Please note: A dispute may be referred to after the above periods if the worker can show good cause.
The employer must receive a copy of the referral.
What happens in an ‘unresolved dispute’?:
This is what needs to happen if a dispute remains unresolved: –
- a council or the CCMA must arbitrate it, if a worker requests it, if –
- a worker alleges that the dispute is about his conduct or capacity;
- the worker alleges that his employer made working conditions intolerable or less favourable after a transfer;
- the worker does not know why he was dismissed;
- the dispute is about an unfair labour practice;
- a worker may refer a dispute to the Labour Court, if they say the reason is –
- automatically unfair;
- based on operational needs;
- they refused to join a trade union;
- the worker was refused trade union membership;
- the worker was expelled from a trade union.
A council or the CCMA must arbitrate immediately if –
- the dismissal is linked to a worker’s probation; or
- any other dispute where no-one objects to it being settled in terms of this subsection.
For more information on the CCMA, please visit www.ccma.org.za
Thank you for reading!
HOW TO PREPARE FOR AN INTERVIEW
in GeneralWe all know the job market is rather saturated, so we need to equip ourselves to stand out from the rest of the herd. One of the ways we can do this is by understanding the interview process and preparing ourselves beforehand.
Here is how to prepare for an interview:
- Always research the Employer/Hiring Manager
Knowledge is power, and you should understand the employer, requirements of the job and some background of the people that will be interviewing you. Doing this will help you better answer all questions that will be thrown your way!
HOW CAN I RESEARCH PROPERLY?
Look up the company website, and any other published materials associated with the company. Do you have a wide network of contact? Chat to them too!
- Scour the new for common interview questions and prepare yourself beforehand
Having researched common interview questions that you expect will be asked, you can actively prepare yourself for these questions ahead of time. You can ask the hiring manager what type of interview set up you will be experiencing. Will it be one on one, or in a group? You need to know this in order to prepare concise and to the point responses, that cover your experience, accomplishments and skill set.
HOW CAN I REMEMBER MY RESPONSES?
A good way to do this is to put all the information into a story, there is no need to remember specifics points an=s you want to engage in conversation.
- Dress the part
Every company/organisation has their own culture, and you need to plan your outfit accordingly. It’s always better to overdress than under dress, and wear clothing that is clean and neatly pressed. One thing to remember, try not to smoke or eat right before the interview – and keep your teeth and mouth fresh with a breath mint or mouth wash.
- Be relaxed and prepared, and arrive on time
There is no excuse on this earth for arriving late for an interview. If something catastrophic has happened, don’t leave the interviewer waiting, call them and explain what the situation is. They will appreciate the professionalism. As a best practice, try arrive to the interview 15 minutes before, this will also give you a bit of time to observe the workplace dynamic.
WHAT SHOULD I TAKE WITH TO AN INTERVIEW?
Take a pen and notepad to jot down notes you may need to remember, take copies of all qualifications, certificates, portfolio pieces and awards. Also, remember to switch of your cellphone and throw the gum you have been chewing into the bin.
- First impressions are everything
Always be poilite and offer warm greetings to everyone you meet on the way to your interview. You want people to rmemeber you for the right reasons. Also, the impression your interviewer gets of you may make or break the rest of your interview. When greeting your interviewer, stand, smile, make eye contact and offer a firm handshake (but not bone crushing). Studies have shown that within the first 20 miuntes of an interview, the hiring manager has already made critical decisions about you, the job applicant.
- Be genuine, cheerful, determined, confident and concise
Now you are in the interview, yikes! Another best practice here is to make sure the quality of your answers and the delivery thereafter is on point. Remebering you want to get to the point where you ca showcase your skills, experience and fit within and with the job and employer. You don’t want to ramble and bore the interviewer, so practicing, as mentioned in point #2, your answers, will help you avoid boredom.
REMEMBER TO NEVER BAD MOUTH A PREVIOUS COLLEAGUE OR EMPLOYER.
- Body language is everything
Not many of us actively think about our body language, but it can tell a story to your employer. Poor body language can distract your future employer to such an extent that they don’t listen to your well prepared interview answers.
WHAT SORT OF BODY LANGUAGE WORKS BEST?
A smile, eye contact, solid posture, active listening and the occasional nod are all best practices when it comes to body language in an interview.
- You need to ask questions too
Don’t just ask anything, however. Insightful, reaearched questions are what we are talking about. This shows you have put the effort in to do your research, as well as the fact that you are curious to learn more.
- Your interview is where you sell yourself
Sell yourself, and then close the deal. The most qualified candidate doesn’t mean the first hired. The candidate that ‘wins’ will be the one who answers questions the best, and clearly shows their fit within the company.
NOW THAT THE INTERVIEW IS COMING TO AN END?
Ask about the follow up process, and when the employer will be making his/her decision.
- Say your thank you’s.
Always send a follow up email or letter to say thank you. Politeness goes a long way in the interview process, especially after the fact.
Now that you have a better idea of how to prepare for and conduct yourself in an interview, why not try and figure out what career path to choose?
Also, check out what jobs we have available for you to apply for!
WHAT CAREER PATH SHOULD I CHOOSE?
in GeneralMeasured Ability SA
WHAT CAREER PATH SHOULD I CHOOSE?
The step-by-step guide
When you start thinking about your future and choosing your career path, your heartbeat may increase and your brow may sweat, but never fear; the complete guide is here!
No need for settling, no need for dreading work; here are some of the best ways to make sure you choose your career wisely.
1.
What are you passionate about? Explore those fields.
What are some of your hobbies?
What do you like doing?
Once you have a better idea of that, start exploring the different job opportunities within the parameters of what you like, or possibly what you are good at.
You don’t have to only explore your likes, or interests, but understanding this provides you with a good starting point. Also, don’t compare yourself to others, choose a path that YOU would enjoy and perform the best in.
No matter if you are analytical, practical, creative or technical, you may even be a socialite; there will definitely be a range of career paths that will suit you.
2.
Now that you have jotted down your skills – Use them.
By now you should have written down your skills, qualifications, like, dislikes and experience. With this information you can further refine your potential role research, and have them actually play to your strength.
Bare in mind, no matter how well you excel within different skills, hard work will always pay off and there is always more to learn, but those skills you possess will make it easier to find an achievable job prospect.
This also means that your strengths will be recognised and used to their maximum potential. You don’t want to be stuck in a career that doesn’t use the skills you have developed.
3.
You may not enter the perfect job straight away, but you can always plan it out.
Once you have made your decision, think about the steps you may have to take to work your way into your dream position in the career path of your choice. If you are a people’s person, and have great sales and customer service skills, your chances of becoming the Sales Director is greater, especially if you are willing to start from the bottom and learn all the tricks of the trade.
Also ask yourself: is what I’m study going to bring me closer to my dream? Is the experience I’m gaining beneficial? If not, consider changing your game plan.
Remember, if you feel stagnated in your current job, there are courses you can take, volunteering groups and further educational training. These steps also help you better understand your value, and it makes you more employable.
Also, remember that a field of work is far more than a single job. Fields are broad; try looking for 5 jobs within that field
4.
Experience is key.
So, the well-known double edged sword of, how do I gain experience, if I need experience beforehand?
People seem to forget about work experience and internship opportunities, and this is a good place to start. Within these, you will be able to use the skills you have in a practical fashion, in a work environment. You will also gain more skills while doing so. If you work hard, it may turn into a permanent position and you may leverage key connections within the industry. Networking is very important.
Learn as much as you can about the qualifications needed to enter this field.
Even if the position doesn’t work out, you have still learnt something, and knowledge is invaluable. You’ll also have a better idea of what you truly want to do.
Here is a list of current internships in SA.
5.
Always research what the career actually entails.
Remember, nothing is what it seems, until you’ve dug a little deeper.
Speak to people in the industry, try and get an idea of what their day to day tasks are, and what sort of lifestyle they lead.
Lifestyle is extremely important. A high status roll like a doctor or a lawyer may seem great, but they aren’t for everyone.
Dedication is key to any career, so make sure you can commit to your chosen career path.
6.
Expectations, don’t make them too high.
Be realistic when setting goals and looking for your future career path. As much as we all want to follow our childhood dreams, if they aren’t attainable, your career may not go anywhere.
Go into every career with an open mind. Expectations can trump the reality of the job and you may not enjoy it as much as you thought because you set them too high.
For example: You may not like your job at first, but by keeping an open mind, it may turn into the best career decision you could ever make.
You also don’t want your CV to put forward the notion that you are a ‘serial job happier’.
Keep this in mind: Leaving a job after 6 months because you have realised that career choice is wrong for you is acceptable. Leaving after a day is not.
Let’s have some fun:
https://www.buzzfeed.com/ashleyperez/what-career-should-you-have?utm_term=.xmglXxYZb#.ik31DrQ4W
We hope that this read has helped you move along to your dream career. For more information on how to write a CV, how recruitment agencies work and more visit https://measuredability.com/blog/
Part 1: About Me – How To Make Your CV Stand Out
in GeneralPart 1: “About Me” – How To Make Your CV Stand Out
In a world where the job-seeker pool is rather saturated, people are looking for different ways to make their CV’s stand out, and stay memorable. This thought process can also be used when updating your personal bios on different social media platforms and professional networks.
The first way, by updating your “About Me” we will discuss today, but be sure to stay tuned for more tips in the future!
Did you know the average time spent by recruiters looking at CV’s is around 5-7 seconds?
So, how does one make their CV stick in the minds of their possible future employers? Without making it seem silly? If you don’t know how to write a CV, go here.
The first way, we will discuss today, but be sure to stay tuned for more tips in the future!
ABOUT ME:
Your “About Me” is one of the first things an employer sees, or looks for when going through a candidates CV. One thing to remember, don’t make the mistake of focusing only on your professional history, throw in an interesting and fun fact about yourself, let the employer find out about your personality.
Personality is an important facet, as each organisation has their own organisational culture. Some people fit in better than others, and to maintain a great work environment, employers’ make sure candidates also have what it takes to gel with their colleagues.
Who you are and what you have accomplished, go hand in hand.
Some questions you can ask yourself before writing your “About Me” are as follows;
- What is this one accomplishment you are most proud of?
- Do you have any hidden talents most people don’t know about?
- How did people describe you in highschool?
You want your CV to be easy to read, but you also don’t want it to be boring. Remember not to go too of topic, and try connect your ‘About Me’ to the type of job you are applying for. Always do your research.
All you need to know about Overtime Pay
in GeneralOvertime Pay
Working times and overtime are regulated by Chapter two of the Basic Conditions of Employment Act.
The act applies to all employees except members of the South African Defence Force, National Intelligence Agency, State Security Agency, and unpaid volunteers working for a charitable organisation. Workers engaged in emergency work are excluded from certain provisions
Certain sections, including the sections on overtime, are also not applicable to:
- Senior managerial employees
- Sales staff who travel to customers and regulate their own hours of work
- Employees who work less than 24 hours a month for an employer
- Employees who earn more than the threshold amount (at time of publishing this was R205,433.30 per annum or R17,119.44 p/m)
The act states that the maximum ‘normal’ hours of work are 45 hours per week. The maximum ‘normal’ hours in a day would be 9 hours a day if the employee normally works 5 days or less a week, or 8 hours a day if they normally work more than 5 days a week.
However, this does not mean that an employee must always work a 45 hour week before overtime kicks in. The normal hours would be as per the contract signed by the employer and employee and could be less than 45 hours. If the employee normally works 40 hours a week, then any hours over 40 would be regarded as overtime.
Those earning above the threshold need to negotiate with their employer what their normal hours would be and this could be more than 45 hours.
Meal breaks are not included in the calculation of working hours and are unpaid. (However, an employee must be paid for the portion of a meal break that exceeds 75 minutes, unless they live on the premises.) So if an employee works a nine-hour day and has an hour meal break, they will be on-site for 50 hours a week but are still seen as working for only 45 hours. A meal break is normally an hour but can be reduced to 30 mins by contractual agreement.
Overtime can not be compulsory, and an employee cannot be expected to work overtime on short notice unless they have contractually agreed to do so. Having said this, an employee cannot refuse to work overtime if the work required must be done without delay owing to circumstances which the employer could not have planned for, such as repairing a machine that has broken down.
The maximum permissible overtime in a week is 10 hours in any one week or 3 hours in any one day. Employees earning less than the threshold should earn 1.5 times the normal rate of pay for any overtime except on a Sunday or public holiday when they should earn double pay. However, if the employee normally works on a Sunday, then work on a Sunday would be paid at 1.5 times their normal rate.
By agreement, the employer may give the employee paid time off instead of paying the employee for overtime. In this case, the employer must give the employee time off calculated using the same formulas (ie. one and a half or double the hours, depending on when the overtime was worked). This time off should be granted within one month of the overtime being worked, although this can be extended to one year by agreement. The parties can also agree to a combination of pay and time off.
Employees who earn over the threshold have no right to demand extra pay for working overtime. Nor can they demand time off for overtime worked. However, they still must agree to any overtime and cannot be forced to work overtime, or work overtime without compensation, unless they have agreed to do so. Whereas they don’t have a right to demand these things, they do have a right to negotiate for them.
It is important to note that any agreement reached on overtime during the first three months of working will expire after one year, and a new agreement needs to be reached.
Need Staff?
The Measured Ability group provides recruitment and labour broking services for all industries, all over South Africa as well as other parts of Africa and the Middle East. We can provide candidates for permanent or temporary placements, or we can hire out our own employees to you, which means we become responsible for all admin including payroll, leave (and overtime) admin, Industrial Relations and much more. Contact us for more information.
Need a Job?
Search through our latest vacancies, or send us your CV and let us help you to find the perfect job.
How does Maternity Leave Work in South Africa?
in GeneralMaternity Leave in South Africa
The Basic Conditions of Employment Act states that employers need to give female workers at least 4 months of consecutive maternity leave. This is generally unpaid leave, although in some cases a collective bargaining agreement or your contract may provide for partial payment or full payment for some, or all of that time. Such an agreement or contract might also allow for more than 4 months of leave. If you do not get full pay whilst on maternity leave, and you have been contributing to the UIF for at least 4 months, then you are also able to claim UIF. Please see our post on Maternity Leave UIF.
You are allowed to start your maternity leave up to 4 weeks before the due date, although you can start sooner if it is necessary for your health or that of the baby. You can also work right up till your due date if you feel you are able to, in order to spend more time with your baby. The BCEA states that a worker should not go back to work within 6 weeks after the birth, unless a doctor has certified her to do so.
In the event of a stillbirth or miscarraige in the third trimester, you are entitled to 6 weeks of leave, whether or not you have already started maternity leave.
If you are given paid maternity leave, then your company might want you to sign something saying that you will pay back the leave pay if you do not return to work after your leave is finished.
It is possible to ask for less strenuous work, fewer hours, or to be taken off of night shift when returning to work, if this is practical for your employer. If you are breastfeeding, there may be other issues regarding the health of your baby if you are working with chemical or biological hazards. You employer cannot expect you to do work that could endanger you or your baby while you are nursing. They also need to give you time off if your newborn baby is ill. This is all covered by the code of good practice on the protection of employees during pregnancy and after the birth of a child.
Fathers are normally entitled to three days of family responsibility leave after the birth of a child, as long as they have been working for more than four months and for more than 4 days a week.
How much notice should I give?
Generally four weeks written notice must be given to the employer before starting maternity leave, and this should state the dates when the leave will start and finish. However the earlier you give them notice the better, so that they have time to arrange for what is going to happen with your workload while you are away. It’s best to have a discussion with your HR team regarding how maternity leave works in your organisation. While it is your manager’s responsibility to allocate your work to other colleagues, it would probably be appreciated if you could provide some kind of suggestion for how your work could be re-distributed.
Protection from Dismissal
It is illegal to fire someone for becoming pregnant (or intending to do so) or for taking maternity leave. The law considers it an unfair dismissal if an employer does not allow an employee to return to work after her maternity leave. It may be the case that the position is not necessary any longer, and that the employee would have been retrenched if not on maternity leave, but in this case the employer is supposed to make every effort to offer an alternative position.
Adoption Leave
While the Unemployment Insurance Act provides for similar benefits for workers who adopt as for those on maternity leave, the BCEA does not provide for adoption leave in the same way that it provides for maternity leave. At this point any adoption leave will need to be negotiated with your employer.
What are the Disciplinary Procedures in South Africa
in GeneralDisciplinary Procedure
Discipline is, for most people, a fairly unenjoyable but necessary part of labour relations. It is essential for a smooth-running business to have some form of the disciplinary procedure.
South Africa labour legislation does not set out any specific steps that need to be taken when conducting a disciplinary enquiry. But the following can be taken as a guideline for how to proceed. Please note that the following procedure would not substitute any collective agreement on disciplinary procedures. Parties may also, by mutual consent, approach the CCMA or bargaining council for arbitration.
It is important to have clear rules and to communicate those rules to your workforce. Some rules may not need to be specified as they could be seen as obvious. For example, breaking the law by stealing from the workplace or assaulting a colleague or superior are not really necessary to specify, as everyone should already know that such behaviour is not permitted.
It is good to keep the following in mind when engaging in disciplinary procedures:
- You should not discipline yourself when you are angry or upset.
- Discipline should be applied as soon as possible after the relevant incident.
- All other possible outcomes should be explored before dismissal is applied.
- Gather all of the facts, and ensure that proper procedure is followed.
- If disciplining a union representative or shop steward, then the union needs to be consulted and informed before going forward with any disciplinary action.
The difference between counselling and disciplinary action
The first step should always be to counsel the employee. This is appropriate when the employee is not performing to the expected standard or is not aware of a particular rule, or where a breach is fairly minor. The idea is to make sure they understand that they are not performing as expected or to explain and ensure they understand the minor breach that they have made, and to bring their performance or behaviour up to the expected standard.
The following is a recommended course of action for counselling an employee:
- Invite the employee to a meeting and ensure they know what it is about.
- Ensure a private and uninterrupted meeting.
- Draw the employee’s attention to the problem and ensure that you both agree that a problem exists.
- Ask the employee to explain their misconduct.
- Ask the employee if they have any ideas of how to correct the problem.
- Offer your suggestions and try to reach a consensus on the way forward.
- Agree on each party’s role going forward and set a date for when you will meet again to reassess the situation.
- Keep a note of the meeting and the agreement reached.
- Meet again on the agreed date to see if the problem has been remedied. If not, then disciplinary action should be considered.
Disciplinary action is appropriate where the breach of conduct cannot be condoned, or where previous counselling has not solved the problem.
Kinds of disciplinary action
There are a number of forms of disciplinary action that can be applied, which would depend on the severity of the offense and whether the employee has broken the same rule in the past. Before deciding on a form of discipline, a meeting should be arranged between the employee and management in order to explain the rule which has allegedly been breached. The employee must be given a chance to respond and explain their conduct. This meeting should preferably arrive at an agreement on how to remedy the situation.
The following forms of discipline can be used (in order of severity):
- Verbal warnings
- Written warnings
- Final written warning
- Suspension without pay (for a limited period)
- Demotion, as an alternative to dismissal only
- Dismissal
The employer must establish the severity of the infraction while referring to the company’s rules. If the offence is not serious, then an informal verbal warning may be given. The law does not specify any particular number of warnings, and dismissal can be applied to the first offence for a serious enough breach.
A final written warning can be applied when the contravention is serious, or if the employee has received warnings for a similar offence in the past.
An employee can appeal against a final warning, and the employer can hold a formal enquiry if they believe that it is only through such a process that the outcome can be determined.
A verbal warning is usually valid for 3 months. A written warning is normally valid for 6 months. After this time has elapsed, the warning should be removed from the employee’s records. A warning for one kind of infraction cannot be applied to another, different type of offence.
Employees should always be requested to sign their warning letters and given a chance to state their objections if any. The letter is still valid if the employee refuses to sign it. In this case, a witness should sign and state that the employee refused to do so.
It is recommended that employers keep records for each employee, specifying the nature of any breaches of conduct, the actions are taken, and the reasons for these actions.
Dismissal should be reserved for the most serious of offences, and must be preceded by a disciplinary enquiry, unless it is impossible or undesirable to hold such a hearing, for example where the employee has absconded, or where the enquiry would be likely to endanger life or property.
Formal Disciplinary Enquiries
An employee may be suspended on full pay pending a hearing, especially in cases where the employee being on-site may jeopardise the investigation of the incident.
The employer must give the employee at least three days’ written notice of such a hearing.
The letter should include:
- The date, time, and venue of the hearing
- Details of the charges
- The employees right to representation (by a fellow employee or union representative if applicable) should also be explained
Remember that if the employer is intending to discipline a shop steward, then the union must be notified before serving notice to the employee.
The following people should be present at a disciplinary hearing:
- A chairperson to chair the hearing. This should not be someone who has a personal interest in the outcome.
- A management representative.
- The employee is disciplined.
- Any representatives of the employee.
- Any witnesses for either side.
- An interpreter if required.
The employer should lead with evidence first, followed by the employee. The chair may ask any questions of witnesses for clarification. Once both sides have presented evidence and witnesses have been questioned, then the chair should decide on a verdict of guilty or not guilty.
They will need to decide:
- If a rule has been broken
- If the rule was valid and reasonable
- If the employee knows about or should have known about the rule
- If the employer has been constant in applying the rule
If the verdict is guilty, then the chair may ask both sides for input on the appropriate disciplinary measures. The chair makes the decision on what measures to implement and informs the employee. The employee should be informed that they have the right to appeal. If there is no appeal procedure, then the employee may take the case to the CCMA or bargaining council.
A failure to attend a disciplinary hearing is not caused to stop the hearing unless a valid reason for their absence can be provided.
Tired of having to deal with your own disciplinary procedures?
Measured Ability has a labour broking division, which means that we hire out all kinds of workers on a temporary basis to other employers.
Not only does this mean that any disciplinary action and IR issues become our problem, but we also handle payroll, all leave administration, PPE, and a million other things. And we are able to quickly increase or decrease your workforce complement based on seasonal fluctuations.
If you are interested in learning more about how we can take over all the headaches involved in your staffing, please contact us now and we’ll get one of our consultants to call you right back.
Similar Content:
Who can claim UIF in South Africa? UIF Benefits
in GeneralUIF Claims
The following information is for unemployment UIF benefits only.
We have a separate post about Maternity UIF benefits. And we will have posts up soon for the other types of UIF including for illness, adoption and dependants (death).
Who can claim UIF?
You can only claim UIF if you (and your employer) have been paying UIF.
All workers and employers should pay UIF except:
- Those working less than 24 hours a month for an employer
- Learners
- Public Servants
- Foreigners working on a contract who will be repatriated upon completion of their contract
- Workers who only earn commission
You can claim UIF if:
- Your employers are bankrupt
- Your contract ends
- You are fired
Domestic workers can also claim if:
- They work for more than one employer, and they lose their job at one of those employers
- Their employer dies
You cannot claim UIF if you:
- Benefit from the Compensation Fund
- Benefit from an unemployment fund under the LRA
- Are suspended from claiming due to fraud
- Quit your job
- Do not report at set days and times
- Refuse training and advice
In order to claim, you also need to register as a work-seeker, and be available for work.
The UIF may stop paying you benefits if you refuse to:
- Accept a job
- Go for training
- Go for advice
When to claim UIF?
You need to claim within 6 months after you stopped working.
How much UIF can I claim?
If you have been a UIF contributor for more than 4 years, you can claim for up to 238 days, or 8 months.
If you have been working (and contributing) for a shorter period, then you can claim one day for every six days worked.
If you manage to find a job, you are no longer eligible to recieve UIF.
The fund pays a percentage of your wage / salary while you were contributing. This can be a maximum of 58% and is on a sliding scale depending on how much you were earning.
If your average salary over the last four years is less than R12,478, then you would receive 36 – 56% of your average salary. If you earned more than R12,478, then you will receive a fixed amount of between R4250 – R4550 per month.