NAVIGATING COMPLIANCE WITH LABOUR LAWS & LEGISLATION IN THE WORKPLACE: A CHECKLIST FOR EMPLOYERS

The Department of Employment and Labour enforces compliance with labour laws. In sectors covered by a Bargaining Council Collective Agreement, the council enforces the conditions of their agreement. While the Department aims to ensure employers follow the law, the onus is on the employer to ensure that they comply with these requirements.

Strict labour laws require employer compliance. Failing to comply poses serious business risks often underestimated and unaddressed.

Employers can protect their businesses by firstly ensuring compliance with labour laws.

Secondly, they can use these laws to their advantage by proactively addressing potential future disputes between employers and employees, thereby limiting risk.

Fair labour practice is a fundamental right, The Labour Relations Act of 1995 and the Basic Conditions of Employment Act of 1997 reinforce this principle and provide recourse for employees whose rights are violated.

Complying with Labour Law

Proactively addressing labour risks can greatly enhance a business's sustainability and profitability. It helps foster a work environment with less conflict, friction, and misunderstanding, creating a structured atmosphere conducive to growth.

Ensure you have the following in place:

Bargaining Council:	Y	N
Ensure your establishment and employees are registered with the Bargaining Council.
Ensure adherence to sector-specific regulations.
Comply with relevant bargaining council agreements.
Employment:	Y	N
Ensure all employees have completed a personal particulars
Ensure all employees have written employment contracts outlining terms and conditions.
Include job descriptions and key performance indicators (KPIs).
Ensure all employees complete their timesheets.
Ensure all employees receive their monthly payslips.
Workplace Policies(Develop and implement workplace policies, including):	Y	N
Health and safety
Disciplinary procedures
Code of conduct
Minimum Employment Conditions:	Y	N
Familiarize with the Basic Conditions of Employment Act (BCEA).
Ensure compliance with working hours, leave entitlements, and termination notice periods.
SARS Compliance (PAYE):	Y	N
Register for PAYE (Pay As You Earn) and submit monthly tax returns to SARS.
UIF Registration and Contributions:	Y	N
Register with the Unemployment Insurance Fund (UIF).
Contribute 1% of employee wages to UIF.
Skills Development Levy (SDL):	Y	N
Register and contribute to SDL if annual payroll exceeds R500k.
Submit SDL returns to SARS.
Compensation for Occupational Injuries and Diseases Act (COIDA):	Y	N
Register with the Compensation Fund.
Report and contribute according to COIDA requirements.
POPI Act Compliance:	Y	N
Implement measures to comply with the Protection of Personal Information Act.
Protect employee personal data and ensure data privacy.
PEPUDA Compliance:	Y	N
Comply with the Promotion of Equality and Prevention of Unfair Discrimination Act.
Promote equality and prevent discrimination in the workplace.
CIPC Registration:	Y	N
Register your business with the Companies and Intellectual Property Commission (CIPC).
Obtain a CIPC certificate.
Health and Safety Compliance (OHSA):	Y	N
Comply with the Occupational Health and Safety Act (OHSA).
Conduct regular risk assessments and safety training.
Employment Equity Act:	Y	N
Develop employment equity plans.
Submit annual employment equity reports.
Electrical Installation Certificate (COC):	Y	N
Obtain a Certificate of Compliance (COC) for electrical installations.

For personalised assistance in navigating compliance with labour laws and legislation, we recommend contacting your representative at the Employers' Organisation for Hairdressing, Cosmetology, and Beauty (EOHCB) to ensure that your business remains in full compliance.