Written by the LWO Employers Organisation
Employers manage business risks on a daily basis to ensure the business’s profitability and sustainability. Restrictive labour regulations is one of the factors that make it very difficult to do business in South Africa.
It is a modern trend among business owners to outsource non-core activities, such as security, financial services, transport, marketing, etc. This puts the employer in the position to spend more time on core activities.
What are the options?
The moment an employer-employee relationship is established, there are strict legal requirements that the employer must comply with, irrespective of the number of employees. To comply with these requirements, the employer can consider mainly six options:
(internal)
(outsource to a service provider)
Employers must clearly realise that there are definite differences between these options that can have major implications with specific reference to cost, specialist knowledge, spectrum of services, infrastructure, and availability, etc. When outsourcing, the following criteria should be considered:
What can go wrong?
An employee can refer a dispute in the workplace at any time to the CCMA for mediation. The vast majority of cases found in favour of the employee, is due to the employer who did not follow the correct procedure. This has of course huge financial implications for the employer. Possible orders against the employer at the CCMA typically amount to 3–12 months of the employee’s salary and/or reinstatement. At the Labour Court, it can amount to 3–24 months of the employee’s salary and/or reinstatement. Employers can also face severe fines and even jail time by the Department of Labour in cases where the employer does not comply with labour law.
There are mainly three types of incidents whereby it is known that the employer does not run his business in line with labour legislation. These incidents are usually beyond the employer’s control and includes:
It is clear that the employer should rather be proactive in finding a solution and ensure that he continuously complies with labour law in order to protect his business and rights as an employer.
Published on Sunday, 1st December 2019 - 08:00
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