Employment contracts and policies
Under South African law, every employer is required to provide the employee with a written contract of employment by their first day of work. There are many employers and employees who are not aware of this, and non-compliant. Tumbo Scott can help you understand The Basic Conditions of Employee Act, as well as any other laws that could impact you based on the sector your business is in. Non-compliance with the Act is a breach of the law and could later lead to litigation or arbitration, where ignorance will not be accepted as a defence.
That is why it is important to consult with legal professionals when drafting employment contracts and policies, to ensure that you are adhering to the provisions of the labour laws. When accepting the terms of employment before starting a new job.
An employment contract is important because it outlines the role and responsibilities of both the employer and employee, before the employee starts work. It governs things such as pay, working hours and benefits. These are things that an employer and prospective employee must agree upon in advance. Tumbo Scott provides advice and services to both employers and employees who need help drafting contracts, or understanding the contracts they have been given.
CCMA and specialised labour courts
When a dispute occurs between an employer and employees it is important that it is handled with the proper respect for both parties, and in a fair manner. The Commission for Conciliation, Mediation and Arbitration is an example of a forum where disputes can be mediated and resolved. Tumbo Scott can help to mediate or arbitrate your dispute, whether you are an employer or an employee.
Initiation and chairing of disciplinary hearings
Disciplinary hearings provide a forum in which an employer can present their case to charge an employee with misconduct. There are rules governing the initiation and chairing of such meetings, and it is important for employers and employees alike to be aware of them to ensure that each party’s rights are being respected. The rules need to be followed so that the hearing, and its outcome can be considered legitimate and binding. Tumbo Scott can provide assistance and advice to both employers and employees in this regard. To ensure a fair outcome for everyone involved.