More expected of employers under the newly amended Basic Conditions of Employment Act
There has never been a better time for a call to Employers to get aligned with professional and experienced experts to assist them with their day-to-day labour matters, and this also applies to Employers of Domestic Workers.
Domestic workers mainly fall under the income threshold of R205 433.3017 per annum (R 17 119.44 per month). Why is this such an important figure?
In term of Section 6(3) of the Basic Conditions of Employment Act, all employees who fall under this income threshold have very specific rights when it comes to the reporting and resolution of enquiries and disputes regarding their salaries and basic conditions.
Prior to 01 January 2019, all disputes and enquiries by employees, regarding their salaries and basic terms and conditions had to be referred to the Department of Labour for resolution. This process by the Department was very time-consuming and enforcement through the Courts, where applicable, took a very long time.
Broadened powers of CCMA
The new amendments in general have broadened the powers of the CCMA and relevant Courts to expedite the resolution of disputes and claims for employees earning less than the threshold in terms of Section 6(3) of the Basic Conditions of Employment Act.
Employers will now be required to attend the CCMA when cases are lodged and it is extremely important to take notice of the process.
In terms of Section 135 of the Labour Relations Act, a Commissioner shall be appointed by the CCMA to consider the enquiry / dispute through a process of conciliation or arbitration (Con/Arb). This means that when the matter cannot be resolved through conciliation, the matter will immediately be arbitrated and an award will be handed down by the Commissioner.
Unlike in the case of a dismissal, the parties may not object to Con/Arb and therefore the parties will have to come prepared. This means being FULLY prepared, with all documents, arguments and most important, knowing the laws and regulations applicable to your case.
During Arbitration, the parties should state their cases by giving evidence under oath, and parties will have the opportunity to cross-question each other as well as witnesses.
Professional Employers’ Organisations will be able to assist you through this process and it is therefore very necessary for Employers to join these organisations as soon as possible.
A word of caution – When you are represented by person, other than a legal practitioner or candidate attorney, such party may not charge a fee to represent you in the proceedings before the CCMA.
Therefore, Employers must apply discretion in selecting a forum to assist them to ensure that they are not only represented, but also that they receive continuous proper advice and assistance.
The newly launched services of YesDomestic is well equipped to serve clients this way. View its services at www.yesdomestic.co.za
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