Unit 8: Career and Career Choices

Question 1

Ethics in the Workplace

Answer 1

An employer hires an employee to render a particular service or perform specific duties. Ethics refer to a set of rules that generates our lives, helps us to decide what we see as right or wrong. Our ethics usually come from our families, environment, the people we interact with and our upbrining.

Question 2

Job Contracts

Answer 2

An employment contract replaces the standard hiring understanding between you and your employee.The BCEA sets out the core elements that must be covered in an employment contract. Below are the basics to consider before you negotiate an employment agreement.

Question 3

Job Contracts: Names of parties

Answer 3

The details of the employer’s organisation and the employer’s full name and address.

Question 4

Job Contracts: Title of the document

Answer 4

The contract of employment and the job title

Question 5

Job Contracts: Start date

Answer 5

It includes a brief statement to say what the previous employer does not count towards the various rights that are gained by employees after one or two years of service.

Question 6

Job Contracts Define the position

Answer 6

This provides a clear understanding of the job requirements, the name of the position and the essential duties it entails. It also tells you where you work and the hours of employment.

Question 7

Job Contracts: Place of work

Answer 7

Specify the location where the employee will work.

Question 8

Job Contracts: Hours of work

Answer 8

The employee’s hours should be specified within the contract. These hours could include overtime, a maximum of three hours a week, paid at 1.5 times their normal pay. Working hours, employees may not work more than 45 hours per week and must have a 60 minute meal break.

Question 9

Job Contracts: Probationary Period

Answer 9

A trial period for the employee with the option of a short notice period at the end of the trial if the employee does not fulfill the expectation.

Question 10

Job Contracts: Length of agreement

Answer 10

The contract must contain elements favourable to both parties. The contract should dictate an original term of employment and stipulate conditions that are applicable to you and your employee to extend, reduce or terminate the contract.

Question 11

Job Contracts: Compensation

Answer 11

When you negotiate a salary, put the figures in the contract, specify a gross salary, insurance or any deductibles before tax. Dictate the method of payment and when it will be made.

Question 12

Job Contracts: Leave

Answer 12

This will specify the dates from when the holiday year will run. An employee can take from 15 to 21 working days’ annual leave, depending on employer’s policy.

Question 13

Job Contracts: Sickness and disability

Answer 13

The employee must inform the employer that they will be unable to work. This clause also states that a doctor’s certificate and whether the employee will receive statutory or contractual sick pay.

Question 14

Job Contracts: Pregnancy

Answer 14

A pregnant employee can take up to 4 continuous months’ maternity leave, which may be unpaid leave. She can start leave anytime from four weeks before the expected due date or on the date the doctor says its necessary for her health or that of the unborn child. She may also not work for six weeks after delivery, unless declared fit to do so by a doctor or midwife. A pregnant or breastfeeding woman is not allowed to perform work that is dangerous to her or her child. A father can take 3 days’ paternity leave for the birth of this child.

Question 15

Job Contracts: Benefits

Answer 15

This includes any health, dental, vision or other insurances you offer. It also states any percentages of benefit premiums the employee has to pay.

Question 16

Job Contracts: Termination

Answer 16

Explains what happen if an employee is let go with or without cause.

Question 17

Job Contracts: Notice

Answer 17

The notice period is to be given by either the employer or the employee. This clause provides a detailed list of actions that constitute gross misconduct allowing the employer to dismiss without giving notice.

Question 18

Job Contracts: Ethical considerations

Answer 18

An organisation’s specific rules and codes that define the duties and obligations, and collective values.

Question 19

Job Contracts: Signing the contract

Answer 19

Remember to sign the contract.

Question 20

Legal Regulations

Answer 20

South African labour laws or legislation regulates the relationship, rights and obligations between employers, employees and trade unions according to the democratic ideals of the Constitution. Three labour laws that deal with employee and employer rights, namely The Labour Relations Act; The Employment Equity Act and The Basic Conditions of Employment Act.

Question 21

The Labour Relations Act (LRA), Act 66 of 1995

Answer 21

The LRA aims to promote economic development, social justice, labour peace and democracy in the workplace. The purpose of this act is to:
- Give effect to section 27 of the Constitution
- Regulate the organisational rights of trade unions
- Promote and facilitate collective bargaining at the
workplace and at sectorial level
- Regulate the right to strike and the recourse to
lockout in conformity with the Constitution
- Promote employee participation in decision-making t
- Provide simple procedures for the resolution of
labour disputes through statutory reconciliation,
mediation and arbritration
- Establish the Labour Court and Labour Appeal Court
as superior courts.
- Provide a simple procedure for the registration of
trade unions and employers’ organisations.
- Give effect to the public international law obligation
of the Republic relation to labour relations
- Amend and repeal certain laws relating to labour
relations
- Provide for incidental matters.

Question 22

Unfair Dismissal and Unfair Labour Practice

Answer 22

Read pg.118-121

Question 23

Employment Equity Act, 55 of 1998 (EEA)

Answer 23

The purpose of the EEA is to achieve equal opportunity in the workplace by:
- Promoting equal opportunity and fair treatment in
employment through the elimination of unfair
discrimination
- Implementing affirmative action measures to redress
the disadvantages in employment experienced by
designated groups, to ensure equitable
representation in all occupational categories and
levels in the workforce.
The purpose of the EEA is to promote equity and fairness in the workplace. It is illegal to discriminate against an employee because of their race, gender,sex,pregnancy,ethnic or social origin,marital status, family responsibility, age, disability, political opinion, sexual orientation, religion, belief, culture, HIV-status, language or birth.
The EEA aims to implement affirmative action measures to redress the disadvantages in employment experienced in the past by members from designated groups. This Act includes:
- Recruitment procedures, advertising and selection criteria.
- Appointments and the appointment process
- Job classification and grading
- Remuneration, employment benefits and terms and conditions of employment
- Job assignment
- The working environment and facilities
- Training and development
- Performance evaluation systems
- Promotion, transfer and demotion
- Disciplinary measures other than dismissal
- Dismissal

Question 24

The Basic Conditions of Employment Act (BCEA), 75 of 1997

Answer 24

The BCEA was introduced in 1997 and amended in 2002. The BCEA regulates labour practices and sets out the rights and duties of employeesand employers. The purpose of this Act is to ensure social justice by establishing the basic standards for employment with regard to working hours, leave, payment, dismissal and dispute resolution.

• Employers must give their employees details of their employment in writing, in the form of an employment contract.
• Wages are calculated by the number of hour’s ordinary worked.
• It is a criminal offence to employ a child under 15 years old, except for children in the performing arts. Children aged 15 to 18 may not be employed to do dangerous work or do work that places at risk their well-being.
• Employees have duties and responsibilities towards their employers.

Question 25

The BCE Act: Working Hours

Answer 25

Read pg.123-125

Question 26

Trade Unions and Organised Labour

Answer 26

Trade Unions are recognised in the Constitution, which provides for the right to join trade unions. In South Africa trade unions represent the interest of their members in the workplace. They participate in collective bargaining or regotations with employers. All Trade Unions have a right to: - Perform lawful activities - Form or affiliate with national and international trade union or employers' federations - Fund or be funded by such international federations. All workers and job seekers have a right to: - Form and join a trade union - Take part in lawful trade union activities - Be protected from employers who discriminate against them because of their membership or activities. Trade union officials have the right to: - Enter the workplace to recruit members and to communicate with them - Hold meetings with employees at their workplace, outside working hours Members of a trade union are entitled to: - Elect trade union representatives at their workplace - Authorise the employer to deduct union subscriptions or levies from members' wages.

Question 27

Organused Labour

Answer 27

The LRA states that employers have the right to join employers' organisations. Trade unions are a form of organised labour. Organised labour can be described as an association of workers united as a single representative entity for the purpose of iproving their workers' economic status and working conditions through collective bargaining with employers, also known as unions.

Question 28

Federation

Answer 28

Federation is a group of organisations that is made up of smaller groups such as groups of trade unions or employers' organisations. The main trade union federations in South Africa are the Congress of South African Trade Unions (Cosatu), the Federation of Unions of South Africa (Fedusa), and the National Council of Trade Unions (Nactur). Federations negotiate with government and represent their members, Fedusa represents its members of the National Economic, Development and Labour Council (Nedlac), the CCMA Governing Body, the UIF Board, the National Skills Authority and the Advisory Council on Occupational health and safety.

Question 29

The South African Revenue Service (SARS)

Answer 29

SARS is the revenue service of the South African government. It was established by legislation to collect revenue and ensure compliance with tax law. Everyone who earns an income needs to pay income tax to SARS. It is the national government's main source of income. This money is used by the government to fund social and economic programmes and to provide public goods and services, like schools, colleges, universities, hospitals, clinics and roads, as well as defence and security. Everyone who earns an income including those who are self employed, must apply for registration with SARS within 21 days after becoming an employer, unless none of the employees are liable for normal tax. A person needs to register as a taxpayer in order to get a tax number. The South African tax law requires all South Africans earning an income above a specified amount of pay income tax. This amount is determined annually and announced by the Minister of Finance in the annual budget speech.