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Post Info TOPIC: What constitutes employment..
Anonymous

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What constitutes employment..
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how many hours does someone have to work for to be entitled to fall under labour protection act..

Ie if I have casual labour that works an average of 16 hours a month, do I need to give notice or even reason for no longer requiring their services..



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LP

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There is no Labour Protection Act. You might be thinking of the Labour Relations Act, which applies to all employees except those in specific state security and defence agencies such as employees of the SANDF.

Hence, you will be required to comply with the Labour Relations Act, and specifically not dismiss your employee unfairly. The definition of "fair" is relative and might be different depending on the circumstances, but applies both to substantive fairness and procedural fairness.

Finally, this forum caters for employees and not employers.



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Anonymous

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Dear sir/madam please allow me this opportunity to address your inquiry in a more professional manner and to the best of my ability. " What constitute employment" I would like to start off with the definition of an employee namely: - The Basic Conditions of Employment Act of 1997 (as ammended) define an employee at section 1 as (a) any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entiteld to receive, ANY remuneration; and (B) any other person who in ANY manner assists in carrying on or conducting the bussiness of an employer From the above it is clear that the act does not regard hours or the amount of salary important in its definition of an employee. The only time that the act make or distinguise between employees in terms of remuneration is by the determanation of earnings threshold that is currently R 205 433. 30 per annum. The above means that employees (regardless of their hours) that earn more than that amount or equal wil be excluded from section 9, 10, 11, 12, 14, 15, 16, 17(2), 18(3) of the act. It is therefore that the answer to your first question " what constitute employment " is defined in (b) of section 1 of the act: thus ANY PERSON who ASSISTS in any form of your bussiness to CONDUCT bussiness, this include "Domestic workers" that may be your gardener or house maid- they to have the exact meaning. An employee is therfore the person who you pay to conduct even the smallest detail on your behalf. Now let's look at the hours of work: Chapter 2 of this act regulate the houers of employee work, now it is importent that you pay attention to section 6 (1) of the act at (C) that state the entire chapter that deals with overtime, meal intervals, hours of work in a day and so on does. Not apply to a person that work less than 24 houers a month (section 8 - 18 will not apply) BUT section 7 will apply, this section deals with how you should treat this employee but does not say that you can terminate employment unilatraly becouse of the. Hours that the employee work. In so far. Terminating employment, you have to. Make out a case that the employee did. Infact transgressed a policy or procudure and that the offense is dismisable otherwise you might end up paying compensation at the ccma for unfair dismissal. The hearing should be fair and just, should you require any information regarding procedure I will be happy to provide advise. Retrenchment is also an option , once done correctly you can save yourself a lot of trouble. Hope this help. Regards Rautenbach & Associates

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