The Employment Act 1955 (EA) forms the basis of employment contracts between employer and employee. It covers the minimum terms and conditions of employment for employees who are covered under the EA. Employers are free to provide better terms but a penalty awaits organizations that provide inferior terms.
At the same time it also provides some obligations and limitations from both employer and employee particularly in terms of work hours and OT and the administration of benefits.
The EA also serves as a guideline for managing employees who are not covered under the Employment Act 1955.
This is a very detailed comprehensive workshop programme. The programme focuses on understanding who is covered under the EA; the benefits applicable to them while they are in the organization and also on termination; and the rights, obligations and limitations of both employers and employees.
While this is a fundamental piece of legislation which every manager should know, it also poses one of the greatest challenges for HR specialists and other managers to understand as it is not written for the non-legal layman. Wrong interpretation and administration of the contract or EA by ‘people managers’ leads to ‘people’ problems in the organization and also leads to legal consequences.
With this in mind this programme is delivered in a simple easy-to-understand manner with the minimum use of legal jargon. Unavoidable legal jargons are also explained in a simple non-legal way. There are also plenty of workshop mini-case exercises for participants to practice on and become proficient.
- Identify who is protected under the EA and who is not
- Identify ‘contract of service’ and ‘contract for service’
- Draw up employment contracts correctly for full-time employees, part-timers and children and young persons
- Correctly administer and compute the various employee benefits according to EA using the correct legal formula: annual leave, sick leave, maternity leave, PH, rest days, etc
- Compute unpaid leave and early leaving or late joining of employment in the month
- Decide who is entitled to and compute retrenchment or lay-off or termination benefits
- Know under what circumstances employer or employee does not have to give notice of termination or resignation
- Provide adequate legal benefits to part-timers, children and young persons
- Administer sexual harassment procedures
Presentations, interactive discussions, quizzes, workshops, exercises, situational case-studies
What is the Employment Acts & Its Amendments?
- Purpose of the Employment Act?
- Who is covered under the Act?
- Categories of employees who are entitled to all benefits including OT under the EA even though they exceed the salary limits
- Definition of manual worker
- Fixed term contracts
- Contract of Service
- Contract for Service
Normal Hours and OT
- Normal working hours & days
- Shift work
- Overtime Rates
- When must the Duty Roster be prepared?
- Annual Leave entitlement
- Conditions for encashment of annual leave
- Conditions for carry forward of annual leave
- Can an employee take annual leave during probation?
PH / Rest Days & OT
- Rest Days entitlement
- Public holidays entitlement
- What is the rate for work done on a rest day which is also a PH?
- Rate for work done during normal hours on PH and Rest Days
- OT Rate for work done on PH and Rest Days
Sick Leave Administration
- Hospitalisation & Non-hospitalization Leave entitlement
- What do you mean by ‘60 days of sick leave in the aggregate’?
- Conditions for sick leave
- Can an employee take sick leave during probation?
- Can employees go to non-panel doctors?
- Maternity protection for current / deceased / ex-employees
- Notice period to be given by employee
- Commencement of maternity leave
- Unpaid maternity leave
- Maternity Leave entitlement
- 2 main conditions for Maternity Allowance
- Is a probationer entitled to maternity leave?
- Legal process for payment of wages by cheques or by crediting to bank account
- Authorised deductions
- Responsibility for wages by principals and contractors
- Responsibility for wages on closing of business enterprise
- Limit on deductions
- When is there no limit on deductions?
- Payment date
- Content of Pay Slip
- Records and registers
Types of Disciplinary Action
- Suspension period before and after DI
- Full pay, ½ pay or no pay during suspension?
- Types of disciplinary action
Termination / Retrenchment
- Notice period for Termination / lay-off
- Under what situations notice of termination is not required?
- Situations when employers cannot terminate
- Rate of termination / retrenchment benefits payment
- Payment date
- Records and registers
Employment (Part-time Employees) Regulations 2010
- Who is a part-timer?
- Normal hours and days for part-timers
- OT payments
Employment of Children and Young Persons Act 1966
- Definitions of ‘child’ and ‘young person’
- Work hours and days
- Prohibition of work
- Limitation of obligations and liabilities of employer vs child and young person
Harassment and sexual harassment
- Meaning of harassment
- Dealing with sexual harassment at the workplace
- Who is covered under this act?
Company Inspections and DG’s Authority
- Manner of inspection
- Responsibility of employer and employee
- Special powers of DG
- Documents to be presented by DG
- Documents to be given to DG