Frequently Asked Questions

 

• What is Labour Broking?

Labour Broking is the outsourcing of staff to clients to work on temporary, short or long term contracts or for specific projects. Outsourced employees can also be utilised for an undetermined period of time.

 

• What’s the difference between a Labour Broker and a Temporary Employment Service?

Temporary Employment services and Labour Brokers are one-in-the-same.

 

• Why would you use a Labour Broker?

We all do what we’re good at. Staffing companies are experts at recruitment, vetting, employee administration and payroll and very importantly ensuring compliance to legislation governing employment and industrial relations. This gives Companies the opportunity to focus on their core business whilst we take care of the rest.

 

• What industries do Labour Brokers work in?

Labour Brokers can supply staffing solutions to Companies in a variety of different industries.

 

• Is Labour Broking legal?

Yes it is.

 

• How many staff can I hire from a Labour Broker?

There is no limit to the amount of staff a Labour Broker can supply.

 

• How much do Labour Brokers charge?

Each contract will be costed on an individual basis based on the unique needs of the client.

 

• Are Labour Brokers fair?

Most definitely, they are employers and are governed by the same rules and legislation. However, as in any industry, there is the possibility of a bad apple in the bunch. It’s important to do your research to find a reputable Labour Broker.

 

• Can I use a Labour Broker in South Africa?

Yes you can.

 

• What are the benefits of using a Labour Broker?

We all do what we’re good at. Staffing companies are experts at recruitment, vetting, employee administration and payroll and very importantly ensuring compliance to legislation governing employment and industrial relations. This gives Companies the opportunity to focus on their core business whilst we take care of the rest.

 

• Can I source permanent staff from a Labour Broker?

Yes you can. Once you have had the opportunity to see how the employee works on a temporary contract then you can offer them a permanent position at your Company. This will be subject to a “Conversion to Perm” fee and will be set out in your Service Level Agreement with the Labour Broker. Some Labour Brokers have permanent recruitment divisions that can source individuals for permanent placements.

 

• Will Labour Brokers conduct background checks?

Yes, Labour Brokers may conduct an array of checks during their recruitment process. This is called ‘’vetting”. A Labour Broker will ‘vet’ employees for your organisation from a pre-determined list that you will provide and what is important in your organisation. Some of the checks conducted are criminal and credit history checks, qualification checks, professional body checks and reference checks.

 

• Are Labour Brokers governed by any authorities?

Labour Brokers employ people. Anyone who is an employer in South Africa is governed by the rules of employment and relevant legislation, whether it is simply the Basic Conditions of Employment or under a specific bargaining council in the industry an employee is working. As an employee of a Labour Broker you will be entitled to the same terms and conditions of employment as you would with any other employer. These are the minimum wage, leave benefits, payment provisions and working hours. You are also entitled to be treated in exactly the same manner as you would if you would if you were employed with an organisation directly. The Labour Relations Act applies to every employee and employer.

 

• Is Labour Broking ethical?

Absolutely! A reputable Labour Broker will ensure that all staff are treated fairly.

 

• How do I hire staff from a Labour Broker?

Just get in touch! Our sales and operations staff will gladly walk you through the process.

 

• Will I be liable for the staff I rent from a Labour Broker?

In some instances after a period of three months you will be liable as an employer of the staff. However, the Labour Broker will manage all labour related, employment and payroll matters on your behalf.

 

• What is a Labour Brokers dispute management process?

Labour Brokers are experts in Industrial Relations and dispute management. In the event of a dispute, the experts will handle the process on a case-by-case basis.

 

• What types of staff do Labour Brokers supply?

Labour Brokers are equipped to source staff from vast pools of talent. They’re able to supply both semi-skilled and skilled staff into various industries. The type of staff recruited will vary depending on the needs of the client.

 

• Can I rent admin staff from a labour broker?

Yes you can.

 

• Can I rent unskilled staff from a labour broker?

Yes you can.

 

• Can I rent semi-skilled staff from a labour broker?

Yes you can.

 

• Can I rent skilled staff from a labour broker?

Yes you can.

 

• Why would I source permanent staff from a labour broker?

The same benefits of renting temporary staff apply to the permanent arena. The Labour Broker will handle the entire process such as advertising, shortlisting, interviewing and conducting background checks. You would then be provided with the top candidates to interview that would all be suitable candidates to consider.

 

• Why would I rent skilled staff from a labour broker?

We all do what we’re good at. Staffing companies are experts at recruitment, vetting, employee administration and payroll and very importantly ensuring compliance to legislation governing employment and industrial relations. This gives Companies the opportunity to focus on their core business whilst we take care of the rest.

 

• Can I rent international staff from a labour broker?

Yes, the Labour Broker is able to handle the process from start to finish. However, more often than not, staff are recruited from within South Africa.

 

• Can a labour broker find me a job abroad?

Most Labour Brokers limit their scope-of-work to within the South African borders although from time to time international projects are available

 

• What are Industrial Relations?

Industrial relations are the relationships between employers and employees within the workplace. Industrial relations covers all aspects of the employment relationship, including human resource management, employee relations, disciplinary matters and disputes as well as union-management and labour relations

 

• What are Human Resources?

The people that work in an organisation which are regarded as a significant asset in terms of skills and abilities. The Human Resources Manager in an organisation will be tasked with managing all employment related aspects. This function can be outsourced.

 

• What are Payroll Services?

Payroll services are companies that specialise in the payroll process which is the payment of remuneration to staff.  They companies offer their services to organisations who may prefer to outsource this function. A Company that offers payroll services will be a specialist in all aspects of the payroll process.

 

• What is the CCMA?

CCMA stands for Commission for Conciliation, Mediation and Arbitration.

 

• What is meant by Site Operations?

Operations management is the planning, organizing and supervising of both employees and processes in the contexts of production, manufacturing or the provision of services.

 

• What is vetting?

The process of investigating a candidate thoroughly, especially in order to ensure that they are suitable for a specific job function.

 

• What background checks will a labour broker do?

These will depend on the work and candidate in question. Checks may include but are not limited to reference checks, criminal checks, credit checks, ID and licence verifications, work permits checks, qualification checks and so forth.

 

• Will a labour broker do a credit check?

Yes they may.

 

• Will a labour broker do a criminal check?

Yes they may.

 

• What is a strike?

The Labour Relations Act defines a strike as “the partial or complete refusal to work, or the obstruction of work by persons, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee”.

 

• Is there a difference between a legal and an illegal strike?

Yes, there is. An illegal strike is known as an unprotected strike and it is a refusal to work by an employee or group or employees who have made the decision, without consulting any authority to strike. These employees risk dismissal as their actions are not protected under the CCMA. A legal strike is known as a protected strike and complies with the requirements set out in the Labour Relations Act. This takes place when an employee or group of employees attempts consultation and conciliation at CCMA to settle their disputes. If they are unsuccessful with this, the CCMA issues a certificate that a dispute is unresolved and may then give their employer 48 hours’ notice of their intension to strike and the setting of picketing rules between the parties commences. Employees may not be dismissed under a protected strike as their right to strike is protected. However, in both instances employees will not be paid for time they do not work.

 

• Will my business suffer if my staff strike?

A strike has the potential to become devastating to an organisation if not managed properly. However, with the advice of experts in the field, it is possible to mitigate the damage to your bottom line. This is one of the advantages of using a reputable labour broker or temporary employment service.

 

• What are the sick leave laws in South Africa?

Sick leave works in a three-year cycle. An employee may take one day’s sick leave for every 26 days worked during the first six months of employment and thereafter an employee may take the number of days he/she normally works in six weeks during every three year cycle. This works out to 30 days in a three year cycle.

 

• Am I allowed to take sick leave?

You are entitled to take sick leave if you are sick and unable to work and as long as you have not exhausted your sick leave entitlements. If you are sick for more than a day or on a Monday or Friday, or a day before or after a public holiday or more than twice in an eight week period then you will have to provide your employer with a medical certificate to be able to be paid for the sick leave.

 

• Must my employer pay me for sick leave?

Your employer must pay you sick leave if you are sick and unable to work and as long as you have not exhausted your sick leave entitlements. If you are sick for more than a day or on a Monday or Friday, or a day before or after a public holiday or more than twice in an eight week period then you will have to provide your employer with a medical certificate to be able to be paid for the sick leave.

 

• What is maternity leave?

A period of absence from work granted to a mother before and after the birth of her child.

 

• Am I entitled to maternity leave?

Female employees have the right to four months consecutive maternity leave which is unpaid however they may claim UIF maternity benefits.

 

• What is paternity leave?

A period of absence from work granted to a father after the birth of his child.

 

• Am I entitled to paternity leave?

Male employees have the right to ten days paternity leave following the birth of their child and may have to provide a birth certificate to prove such.

 

• What is UIF?

UIF is an abbreviation for the South African Unemployment Insurance Fund. Employees who become unemployed due to a variety of reasons may claim for a portion of their salaries to be paid to them for a pre-determined period of time whilst they look for alternate employment.

 

• What are the requirements for a UIF claim?

In order to be eligible you must have contributed to the UIF while you were working. You cannot claim if you have resigned, been suspended or absconded from work. You must register as a work seeker and claim your UIF benefits within 6 months of termination of your employment.

 

• Must my employer pay UIF for me?

Employers must deduct 1% of their employees gross monthly salary and pay this, together with 1% from themselves, to the UIF.

 

• What is workman’s compensation?

Workers’ Compensation is a fund that provides compensation for workers who get hurt at work, or sick from diseases contracted at work, or for death as a result of these injuries or diseases.

 

• Must my employer have workman’s compensation cover?

All employers must register with the Workmen’s Compensation Fund so that their workers can claim compensation for occupational injuries and diseases.

 

• What happens if I get hurt at work?

Workers who are injured on duty or obtain an occupational disease are eligible to claim compensation for temporary or permanent disablement. If workers die as a result of an injury on duty, their dependants will also be eligible to claim compensation.

 

• Can I sue my employer if I get hurt at work?

In the matter of legal issues it is always advisable to seek the advice of a legal professional.

 

• Is my boss responsible for my safety at work?

According to the Occupational Health and Safety Act; it is the responsibility of the employer to provide and maintain, so far as reasonably possible, a work environment which is safe and free of risk to workers.

 

• Is my employer responsible for my safety at work?

According to the Occupational Health and Safety Act; it is the responsibility of the employer to provide and maintain, so far as reasonably possible, a work environment which is safe and free of risk to workers.

 

• Am I entitled to a break at work?

An employee is entitled to a break from work after 5 consecutive hours of work.

 

• Am I entitled to a religious holiday at work?

Employees are entitled to take time off for religious holidays, however only Christian religious holidays are recognised as paid public holidays in South Africa. For any other religious holiday the employee may apply for annual leave to take time off work for this, unless of course an employer has a policy stating otherwise.

 

• What do I do if I’ve been fired unfairly?

If you have been unfairly dismissed you should go to the CCMA and complete a form 7.11 within 30 days of being unfairly dismissed. If your employer falls under a specific bargaining council you should go directly to that council that has jurisdiction over disputes in their industry and follow the same procedures. If you would prefer to attempt to settle a dispute over unfair dismissal with your employer amicably, you can request to do so in writing first, but keep in mind that you have 30 days in which to refer your matter to the CCMA or bargaining council if you are unsuccessful in doing so.

 

• When can my employer fire me?

An employer can dismiss me if I am found guilty of serious misconduct or negligence or if I am unable to do my job to the standards required of me (poor performance) or if I am incapacitated due to illness or injury (incapacity). An employer may also terminate employment on the grounds of operational requirements, this is more commonly known as retrenchment and is not related to any fault of the employee.

 

• What is the minimum wage in South Africa?

As of 1 March 2020, minimum wage is R20.76 per hour.

 

• What do I do if my employer pays me less than the minimum wage?

You can write a letter to your employer or lodge a formal grievance with your Manager informing them that you are paid less than the minimum wage. If you are unsuccessful in your request to be paid appropriately then you should refer to the CCMA for guidance in this regard. Remember that the minimum wage applies to those employees who work a certain number of hours per week. Those who work less than 45 hours per week are not entitled to the same minimum wage as those who work full time.

 

• What is a CV?

A curriculum vitae, often shortened as CV, is Latin for ‘Course of Life’. A CV details a few important personal particulars, educational and skills details and information about the work history of a person such as the organisation where he/she worked, the role he/she filled, the duration of time worked there and a summary of the responsibilities whilst in that role. It may also contain contact details for references.

 

• What is the difference between a CV and a Resume?

A resume is a brief summary of your skills and experience, a CV is a more detailed account of your life’s work.

 

• Should I include a picture in my CV?

Whether or not to include a picture in your CV depends heavily on industry and region. It is best practice to research the norms for your industry and region.

 

• What is gross misconduct?

Gross misconduct refers to any serious, unacceptable or improper conduct by an employee.

 

• What are the consequences of gross misconduct?

A proven case of gross misconduct as found after a disciplinary hearing may warrant summary dismissal, which is a dismissal with immediate effect and no notice period. The merits of a matter as well as the Disciplinary code of an organisation will be taken into account.

 

• What is the process of firing an employee in South Africa?

Any employee who has allegations of misconduct, negligence, dishonesty, poor performance or incapacity against them, which have been proved may be dismissed by their employer. An employer is not expected to continue the employment relationship with an employee who cannot or will not abide by their workplace rules, procedures and standards. For serious matters such as Gross Misconduct and Gross Negligence, an employer may proceed directly to a disciplinary hearing if what the employee has done is so serious that it may warrant dismissal on the first offence. Repeated minor and less serious offences may result in a series of warnings or counselling sessions (in performance matters) and may only result in a disciplinary hearing if the employee shows no intention of changing their ways, even when given a multiple chances to improve.

 

However, all employees must be given a fair chance to state their case in response to any allegations against them. This is done in a disciplinary hearing, allowing the employee reasonable time to prepare, to understand exactly what they must defend themselves on, to indicate if they admit or deny the allegations against them, to have a representative (who may not be an external/third party unless they are a shop steward) interpreter and witnesses if they so wish and be given the opportunity to question the employer representative who has initiated the hearing, and cross-question their witnesses too. An independent and unbiased chairperson will listen to all the facts of the matter and make a finding that they are either guilty or not guilty of the allegations against them. They will then recommend a sanction or outcome to the employer. The employer will then either agree and dismiss the employee, or they may choose to give the employee another chance depending on the mitigating circumstances of the matter, consistency in the workplace and their disciplinary code.

 

• Can I hire staff for a short contract in South Africa?

Yes you can.

 

• What is the difference between a temporary employee and a contractor?

A temporary employee is employed by a company on a contract of employment, this can be permanent or temporary. In this instance the company (employer) controls the persons (their employee’s) hours of work, exactly when, where and how they do their job and also deducts and pays UIF, PAYE, SDL and COID for them. A contractor is not an employee but rather a person providing a service to a company who then submits an invoice to the company for that service. They control their own hours of work and how they do the work.

 

• What is the minimum age for legal employment in South Africa?

15 years old.

 

• What is the maximum age for legal employment in South Africa?

There is no mention of a maximum working age in The Basic Conditions of Employment Act.

 

• Who is legally permitted to work in South Africa?

In order to legally work in South Africa you need to be a South African citizen or hold a valid working visa.

 

• What does discrimination mean?

Discrimination is the act of prejudice against a group or a person by another group or person on the basis of who they are; for example on the basis of race, gender or religion.

 

• What do I do if I’ve been discriminated against in the workplace?

It is advised to lodge a formal grievance with your Manager informing them of the incident and requesting their assistance to resolve the matter, receive an apology and have the discrimination cease immediately. If you are unsuccessful in your request for this to be dealt with appropriately, then you should refer to the CCMA for guidance in this regard. Note that many organisations have anti-discrimination policies that you should refer to that may outline exactly how they prefer this to be dealt with. Discrimination in South Africa is a very serious offence that is neither taken lightly nor tolerated. Organisations have a duty to ensure that employees work in an environment that is free from any kind of discrimination based on age, race, gender, sexual orientation, culture, religion or disability.

 

• Can my employer discriminate against me?

According to the South African Constitution, all persons are equal before law and can’t be discriminated against on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Further to this, the Employment Equity Act prohibits discrimination on the basis of family responsibilities, and HIV status.

 

• What does sexual harassment mean?

Sexual Harassment is any behaviour characterized by the making of unwelcome and inappropriate sexual remarks or physical advances.

 

• What do I do if I’m a victim of sexual harassment in the workplace?

It is advised to lodge a formal grievance with your Manager informing them of the incident and requesting their assistance to resolve the matter. The point if this is to have the sexual harassment cease immediately and the perpetrator dealt with. If you are unsuccessful in your request for this to be dealt with appropriately, then you should refer to the CCMA for guidance in this regard. Note that many organisations have sexual harassment policies that you should refer to that may outline exactly how they prefer this to be dealt with. Sexual Harassment is a very serious offence that is neither taken lightly nor tolerated. Organisations have a duty to ensure that employees work in an environment that is free from harassment of any kind.

 

• Can I date a colleague?

There are no rules in legislation governing ‘’dating’ in the workplace. It is up to individual organisations to create their own in-house policies. This is usually outlined in a Code of Conduct. As long as two people in a relationship don’t work in the same department, ‘report’ to one another or have any degree of influence over each other’s work, salaries etc then it is usually accepted. Appropriate conduct in the workplace must be adhered to, despite being in a relationship with a colleague.

 

• What is BEE?

Black Economic Empowerment is a racially selective programme launched by the South African government to redress the inequalities of Apartheid by giving previously disadvantaged South African citizens economic privileges that were not available to previously advantaged South African citizens. It is a form of Affirmative action.

 

• What is Affirmative Action?

Affirmative Action is a form of positive discrimination aimed at favouring individuals belonging to groups who were previously disadvantaged. The purpose of Affirmative action is to encourage fair and equitable representation and promote previously disadvantaged groups in the workplace. These are Black, Female and Disabled persons.

 

• What is overtime?

Overtime is any time worked over and above one’s normal working hours.

 

• What is the maximum legal overtime an employee can work?

In South Africa the maximum legal overtime is 10 hours per week.

 

• Can my employer force me to have an HIV test?

No.

 

• Do I have the right to confidentiality at work?

You do, but to a certain degree. Employees working on company owned equipment must understand that this is not their property and is subject to review at any stage. Every person has a right to privacy in terms of Section 14 of the Constitution of the Republic of South Africa No 108 of 1996, which includes the right not to have their person or home searched; their property searched, their possessions seized or the privacy of their communications infringed. However, the right to privacy is subject to limitations and that such limitation may be exercised within the parameters of the workplace. Organisations will have policies in place that specifically deal with privacy and confidentiality. Employees have a right to the protection of their personal information which is governed by the POPI Act.

 

• Can an employer refuse to hire you because of HIV?

No person can discriminate on the grounds of HIV status.

 

• Is it legal to dismiss an employee for having AIDS?

No, it is not legal to discriminate against any person due to their HIV status. That said, if an employee becomes very ill and is unable to attend work regularly and reliably, at the times specified in their employment contract, then their employer may commence with incapacity proceedings as it is unreasonable to expect an employer to employ a person who cannot do the job they were employed to do. Many employers will have HIV/AIDS Policies and Anti-discrimination Policies outlining exactly how the employer will treat those employees and it will be no different to other employees. If an employee discloses their status to an employer that employer must attempt to make reasonable accommodation for the employee to attend clinic or doctors’ appointments and get their anti-retroviral medication.

 

• What happens if I get sick because of my work?

If you are hurt at work, or contract an illness or disease due to your working environment this is an “Injury on duty” (IOD) and you will be able to visit the hospital, doctor, therapists or the like to ensure that you are professionally and successfully treated. You must also be given reasonable time off work to attend such and recover. Your organisation pays a levy to the Compensation Commissioner for every employee and this ensures that any injuries will be covered by the Compensation commissioner for you.

 

• What happens if I get hurt at work?

If you are hurt at work, or contract an illness or disease due to your working environment this is an “Injury on duty”” (IOD) and you will be able to visit the hospital, doctor, therapists or the like to ensure that you are professionally and successfully treated. You must also be given reasonable time off work to attend such and recover. Your organisation pays a levy to the Compensation Commissioner for every employee and this ensures that any injuries will be covered by the Compensation commissioner for you.

 

• Is my employer obliged to give me health care?

No. An employer is not obliged to pay for private health care for their employees. This is not specified in the Basic Conditions of Employment, however, some Bargaining Councils for certain industries have collective agreements for their industry that includes some health care benefit for employees. In this instance usually the employee and employer contribute an amount monthly.

 

• Is my employer obliged to give me medical aid?

No. An employer is not obliged to pay for private health care for their employees. This is not specified in the Basic Conditions of Employment, however if this was a prerequisite for employment and was agreed upon between you and a prospective employer (for new jobs) or current employer (for promotions) then it must be given. Some larger organisations do offer medical aid as a benefit for their employees, although it is not prescribed in legislation. In this case an employer can offer the benefit on any terms that is financially viable for their organisation, which may include a 50% or more contribution.

 

• Is night-shift work legal?

Yes it is.

 

• Which hours count as night shift?

From 18H00 to 06H00.

 

• Can my employer force me to work night shift?

No one can force an employee to do anything. If you are not happy with the terms and conditions of a job when it is offered to you then you are free to decline it. Some jobs require night work due to the nature of the work or the sheer volume of the work to be done. When you apply for a job you need to make sure you understand what the expectations are and read your contract of employment carefully. If your contract of employment says that the employer may require the employee to work shifts on reasonable notice (including night shift), subject to the terms outlined in the BCEA then they employee must do so otherwise they will be in breach of contract and the employer may then cancel the employment relationship after due process. If the terms of a position do not suit you then you are always free to resign and look for a job that is in line with your requirements. If a contract did not specify nightshift when you signed it then an employer cannot unilaterally change the terms and conditions of employment and this can only be done through consultation.

 

• What is a PrDP?

Professional Driving Permit

 

• Which drivers need a PrDP?

You’ll need a professional driving permit to drive in any of the following vehicles:

Good vehicle of more than 3500kg;

Breakdown Vehicles;

Any Busses;

Minibus Taxi’s transporting 12 or more people, including the driver (more than 3500kg);

Any vehicle used to transport people for payment;

Goods Vehicles of more than 3500kg which are used to carry dangerous goods;

Vehicles carrying petroleum-based flammable liquids;

Any motor vehicle transporting 12 or more people, including the driver.

 

• Do I need a licence to drive a forklift?

Yes you do. It needs to be renewed annually. There are difference licenses for different types of forklift trucks.

 

• Must my employer provide me with safety equipment?

According to the Occupational Health and Safety Act; it is the responsibility of the employer to provide and maintain, so far as reasonably possible, a work environment which is safe and free of risk to workers. Likewise, the employer has a duty to ensure all his employees on site have the appropriate safety gear to do the job. In some instances the employer will provide this but in others the employees need to have their own to be considered for the job.

 

• Must my employer support my family if I die?

An employer may pay your family your final salary and leave pay in the unfortunate instance of your death, however, an employer is not obliged to continue to support your family thereafter. A family or dependents may claim UIF benefits from the Department of Labour for the death of their primary breadwinner for a limited period of time. Some employers offer a pension or provident fund as an employment benefit which forms part of an employee’s ‘Cost to Company’ salary package. These may have death benefits which will be paid out to their dependents upon their death. This is not a compulsory benefit as per the Basic Conditions of Employment, however some collective agreements in certain industries that fall under certain Bargaining Councils may specify that pension or provident fund had to be contributed towards by the employer and employee.

 

• Am I entitled to leave if a family member dies?

Yes, employees are entitled to Family Responsibility leave under the Basic Conditions of Employment Act. They are entitled to three days per annum to be taken when the employee’s child is sick or, in the event of the death of the employee’s spouse, life partner, parent, adoptive parents, grandparents, child, adoptive child, grandchild or sibling. Family Responsibility leave only applies to those employees employed for more than four months.