Redundancy, Retrenchment and SeparationlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
This presentation addresses employee benefit plan exposure arising from employer use of a contingent workforce. Included is a discussion of employer liability arising from use of independent contractors to avoid or minimize ACA's "play or pay" coverage requirements.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
This presentation addresses employee benefit plan exposure arising from employer use of a contingent workforce. Included is a discussion of employer liability arising from use of independent contractors to avoid or minimize ACA's "play or pay" coverage requirements.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
Voluntary Retirement Scheme, Benefits, Adavantage to employer & employee, Drawbacks, Technicalities, Case Study SAIL, SBI, Nokia, Effective Implementation of VRS.
Compensation Dimensions (Payment for Work and Performance, Payment for Non-working Days, Loss of Job Income Continuation Benefit, Disability Income Continuation Benefit, Deferred Income, Spouse/Family Income Continuation Benefit, Health, Accident and Liability Protection, Income Equivalent Payments)
How do I apply the most innovative solutions, products and services to my live environment?
In answer to the above question Airedale will demonstrate how you can maximise the efficiency of your live environment without compromising resilience.
With over 40 years’ experience in IT cooling design, build and retrofit across systems, services and controls integration, Airedale is uniquely positioned to present this seminar. The presentation will include a case study on BAE Systems where a year-long retrofit programme has achieved annual savings of 70-80% on computer room air conditioning energy costs, equivalent to £350,000, with a payback of under 15 months.
Speakers: Stuart Kay, Business Development Director & Adrian Trevelyan, Aftersales Manager
Stuart Kay has been involved in specifying some of the UK’s most important data centre installations since the 1990s. With more than 30 years’ experience, his understanding of past and leading-edge technological developments within the industry arm him with a unique knowledge bank that can be applied both to designing new build data centres as well as re-engineering the vast installed base.
Adrian Trevelyan heads up a 50-strong technical team which provides a national installation, maintenance, refurbishment and project management service. With 25 years at Airedale he has significant experience of upgrading live, critical installations to maximise energy efficiency and redundancy. Adrian will present a case study on BAE Systems where a year-long retrofit programme has achieved annual savings of 70-80% on computer room air conditioning energy costs, equivalent to £350,000, with a payback of under 15 months.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
Voluntary Retirement Scheme, Benefits, Adavantage to employer & employee, Drawbacks, Technicalities, Case Study SAIL, SBI, Nokia, Effective Implementation of VRS.
Compensation Dimensions (Payment for Work and Performance, Payment for Non-working Days, Loss of Job Income Continuation Benefit, Disability Income Continuation Benefit, Deferred Income, Spouse/Family Income Continuation Benefit, Health, Accident and Liability Protection, Income Equivalent Payments)
How do I apply the most innovative solutions, products and services to my live environment?
In answer to the above question Airedale will demonstrate how you can maximise the efficiency of your live environment without compromising resilience.
With over 40 years’ experience in IT cooling design, build and retrofit across systems, services and controls integration, Airedale is uniquely positioned to present this seminar. The presentation will include a case study on BAE Systems where a year-long retrofit programme has achieved annual savings of 70-80% on computer room air conditioning energy costs, equivalent to £350,000, with a payback of under 15 months.
Speakers: Stuart Kay, Business Development Director & Adrian Trevelyan, Aftersales Manager
Stuart Kay has been involved in specifying some of the UK’s most important data centre installations since the 1990s. With more than 30 years’ experience, his understanding of past and leading-edge technological developments within the industry arm him with a unique knowledge bank that can be applied both to designing new build data centres as well as re-engineering the vast installed base.
Adrian Trevelyan heads up a 50-strong technical team which provides a national installation, maintenance, refurbishment and project management service. With 25 years at Airedale he has significant experience of upgrading live, critical installations to maximise energy efficiency and redundancy. Adrian will present a case study on BAE Systems where a year-long retrofit programme has achieved annual savings of 70-80% on computer room air conditioning energy costs, equivalent to £350,000, with a payback of under 15 months.
An announcement by the DRC Government in September 2009 that the UN Mission in the DRC (MONUC) will withdraw from the DRC in 2011 caught many observers and role-players off guard. The role of MONUC has been pivotal in supporting the government of the DRC in the post-conflict process, especially in the post-electoral period (2006).
This was further followed by action on the part of the UN to practically start with the dismantling of the world’s largest peacekeeping mission – firstly by replacing MONUC with the UN Organisation Stabilisation Mission in the DRC (MONUSCO) on 1 July 2010, and revising the mandate of the peacekeepers.
In this month's edition we look at:
• mutualisation - a case study on the establishment of a new mutual company owned by an employee ownership trust
• procurement - transparency and technical specifications – how guidance from a recent ECJ judgment may help ensure compliance with EU treaty principles
• state aid - does it really affect trade between member states?
• public rights of way - the potential impact of a recent Planning Court decision on public rights of way applications
• employment law - collective consultation, the meaning of ‘establishment’ and the implications of the Woolworths case
• public sector prosecutions – how the potential impact of new draft sentencing guidelines may impact upon the role of prosecutors in criminal courts
• Election 2015 - implications of the Conservative Manifesto.
Welcome to our Vietnam Labor Law Review of April - May 2018 is the "Workplace investigation for labor disciplines" contents:
A. LEGAL INSIGHTS:
1. Amending 03 important Decrees that guide the implementation of the Labor Code on salary, labor contracts, labor discipline and implementation of regulations on grassroots democracy at the workplace
2. Is it advisable to expand the right of employers to unilaterally terminate the labor contract?
B. ISSUED LABOR LAW DOCUMENTS – FEBRUARY 2018
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
Vietnamese and more, please visit our website: letranlaw.com.vn
A detailed guide of the regulations facing UK employers dealing with workplace pension auto enrolment. This guide gives a valuable insight into what must be done to ensure your processes are both compliant and legal.
1Legal Implications in Human Resource ManagementCase o.docxjesusamckone
1
Legal Implications in Human Resource Management
Case of Schwartz Group
Zeeshan Ahmed
K1820578
2
Question 1
Q1 – a
Schwartz Group is confronted with the terrible test of establishing changes into their business and
their strategic policies to decrease working expenses and unavoidably being compelled to make
redundancies. Maybe the exact opposite thing that Schwartz company needs in such a
circumstance is to reduce the risk of additional costs that may occur because of poor execution of
right repetition methods (Carter, et al., 2017).
Repetition is one of the most challenged and questionable parts of business, particularly
concerning economies with negative monetary atmospheres. The expression "repetition", with
regards to business law, alludes to the situation of the Schwartz company wherein a business
lessens their workforce if a specific activity/employment are not, at this point required, i.e., they
become "excess". Such circumstances may emerge because of elements that are outside the
control of the worker itself, for example, however not constrained to:
1. the business shutting down
2. expecting to cut costs
3. appearance of counterfeit innovation (AI)
or different advances that have made that activity superfluous. Much of the time, excess
isn't an impression of the representative's capacity to carry out their responsibility, rather
it is brought about by assistant elements (Brewster, 2017).
Q1 – a
The hypothesis to be tested is the influence of the value of the rights on the exercise of the action.
Dismissed employees whose rights are of low value are very little active before the courts. If the
3
number of redundant employees with this type of rights increases over time, the number of appeals
may decrease. Also, we question the role that increased job instability could play once reducing
the number of employees at Schwartz. Thus, the observation to which "there is a weakening of
protections for employees which owes nothing to the repeal of previous legal standards, but which
is the product of economic changes which the law does not come to accompany" could find
empirical verification. We can clearly observe an inverse relationship between the share of
redundant employees who have not been able to acquire two years of service and the rate of
recourse to proud men in the case of dismissal for personal reasons (Bratton & Gold, 2017).
Q1 – a
This position has long been defended by British employers as well as by the OECD and many
economists. It was already in response to this criticism that the administrative constraints weighing
on redundancy affirmed that this reform was likely to allow the creation of 367,000 jobs, a
prediction that never came true. The OECD considers that there is a correlation between the level
of job protection and unemployment: “Do job protection regulations have an impact on the
recruitment and dismissal policy of companies and is this i.
1Legal Implications in Human Resource ManagementCase o.docxherminaprocter
1
Legal Implications in Human Resource Management
Case of Schwartz Group
Zeeshan Ahmed
K1820578
2
Question 1
Q1 – a
Schwartz Group is confronted with the terrible test of establishing changes into their business and
their strategic policies to decrease working expenses and unavoidably being compelled to make
redundancies. Maybe the exact opposite thing that Schwartz company needs in such a
circumstance is to reduce the risk of additional costs that may occur because of poor execution of
right repetition methods (Carter, et al., 2017).
Repetition is one of the most challenged and questionable parts of business, particularly
concerning economies with negative monetary atmospheres. The expression "repetition", with
regards to business law, alludes to the situation of the Schwartz company wherein a business
lessens their workforce if a specific activity/employment are not, at this point required, i.e., they
become "excess". Such circumstances may emerge because of elements that are outside the
control of the worker itself, for example, however not constrained to:
1. the business shutting down
2. expecting to cut costs
3. appearance of counterfeit innovation (AI)
or different advances that have made that activity superfluous. Much of the time, excess
isn't an impression of the representative's capacity to carry out their responsibility, rather
it is brought about by assistant elements (Brewster, 2017).
Q1 – a
The hypothesis to be tested is the influence of the value of the rights on the exercise of the action.
Dismissed employees whose rights are of low value are very little active before the courts. If the
3
number of redundant employees with this type of rights increases over time, the number of appeals
may decrease. Also, we question the role that increased job instability could play once reducing
the number of employees at Schwartz. Thus, the observation to which "there is a weakening of
protections for employees which owes nothing to the repeal of previous legal standards, but which
is the product of economic changes which the law does not come to accompany" could find
empirical verification. We can clearly observe an inverse relationship between the share of
redundant employees who have not been able to acquire two years of service and the rate of
recourse to proud men in the case of dismissal for personal reasons (Bratton & Gold, 2017).
Q1 – a
This position has long been defended by British employers as well as by the OECD and many
economists. It was already in response to this criticism that the administrative constraints weighing
on redundancy affirmed that this reform was likely to allow the creation of 367,000 jobs, a
prediction that never came true. The OECD considers that there is a correlation between the level
of job protection and unemployment: “Do job protection regulations have an impact on the
recruitment and dismissal policy of companies and is this i.
All about End of services Gratuity in Kuwait.pdfFiyona Nourin
our payroll experts in Kuwait take you through a set of questions and answers that will help in clearing all your doubts related to end of service gratuity in Kuwait.
CBIZ Manufacturing & Distribution Quarterly Newsletter – June 2021CBIZ, Inc.
This issue newsletter tackles two of the hottest topics for the Manufacturing & Distribution sectors – supply chain challenges and the newly supercharged employee retention tax credit (ERTC). The article on innovations in employee benefits informs another critical operational issue – that of staffing – as employee benefits are key to recruiting and retaining qualified employees. Articles on managing insurance costs (and links to a pre-renewal data checklist) and how to work with the U.S. Commercial Service to access global markets round out this packed issue. As an added bonus, News from the NAM provides cutting edge industry commentary.
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...
Maintaining the Flex in Flexibility in a contentious South African Labour Market
1. Maintaining the Flex in Flexibility
in a South African Labour Market
Disclaimer: The interpretation contained in this presentation does not constitute
legal advice, it is the opinion of our Group Director and his interpretation of the
CAPES Seminars.
2. Foreword by Wayne Stainforth – Measured Ability Group Holdings (Pty) Ltd
Temporary employment service providers are an instrument of necessity, they safeguard between
unreasonable labour demands and the successful operation of a business.
The alignment of a TES with an employer who shares dubious values is a dangerous combination.
In a world where bottom line triumphs over ethic, ours is an instrument that requires execution
with integrity or it can easily be the equal and opposite of “a fair wage for a fair days work”.
Beyond service offerings and value of hard work, core values of any reputable TES must be
“no profit without integrity”. Cultures and values must be convergent and integration of our
people with those of our clients must result in a successful and beneficial outcome for our
employees, it is within this spirit that the new legislation must be interpreted.
4. Introduction
Discussion around pending legislation affording extra protection to a class of employee
deemed "vulnerable“.
Implementation
Speculated as imminent although effective date unknown.
Primary Amendments
Amendments to the Labour Relations Act pertaining to dismissal obligations will now see
joint and severable liability (formerly exclusive to the TES) extended to include the client ,
allowing vulnerable workers collective recourse against individual parties or both.
By application of Section 198(1)(b)(i) and Section 198(2)(b)(ii) a 3 month threshold is placed
on TES employment after which an employee is deemed to be an employee of the client
and the TES for the purposes of the Labour Relations Act .
• Does the employee transfer to the client after 3 months ?
Deemed: Just as the employee is included by both TES and client for reporting
purposes under the Employment Equity Act, so too will the employee be
afforded extra protection under the LRA. Should the drafters of this
legislation have wanted the employee to become an employee of the
Clients they would simply have said so.
• Has historical precedent already been set for this joint scenario ?
Client and TES are already joint and severable liable for sections
within the LRA, BCEA and EEA.
.
Extra Protection
5. What extra protection is the employee afforded under the LRA ?
The employees scope of recourse will now broaden and the employer will be both client and TES or either for perceived unfair dismissals,
severance and equal treatment.
Which category of TES Employee does not qualify for extra protection ?
a) Employees engaged on a pre-existing collective agreement e.g. a bargaining council supersedes the new deeming provision.
b) Employees earning more than the earning threshold of R193 805 per annum.
c) Employees engaged on justified successive fixed term contracts.
What reasons are envisaged to justify successive fixed term contracts ?
Section 198(3) An employer may engage an employee on a fixed term contract or successive fixed term contracts for longer than three months of
employment if the employer can demonstrate any justifiable reason for fixing the term of the contract.
What is an example of a justifiable reason for the continued use of TES staff in terms of Section198(3)(b) ?
Remaining competitive in a global market is imperative to any South African business survival . The ability to react to variable market conditions by
adding or shedding staffing costs is a critical component within this.
International Status Quo
• Traditionally international business maintains upward of 30% of their staff on a non-permanent basis, the uncertainty of global markets and
worldwide recession has pushed that figure to 48% within the UK alone. Global competitors in the United States can disengage permanent
staff on the same day without formal notice.
Local Status Quo
• Section 189(a) of the impending retrenchment legislation will require up to a 4 month period to occur prior to lay off.
• Section 187(1)(c) will prohibit you to use the retrenchment process to change conditions of employment.
Extra Protection
7. a) What is the perceived increased risk to the Client for dismissals?
Joint liability for dismissals is now extended however, legal precedent already exists for this
in case law.
Reputable outsourcing agencies :
- have followed correct dismissal procedures for many years;
- indemnify their clients accordingly;
- have institutional market place reputations to uphold.
Only companies dealing with small, non-reputable agencies who do not follow fair
procedures and who do not have the financial backing to substantiate an indemnity
permeate associated employee risk from their TES.
Dismissals
9. b) What is the perceived increased risk to the Client for severance ?
The obligations for severance contained within the LRA have alwaysbeen applicable to TES employees, case law already places the legal obligation
within the clients ambit of responsibility, Grinpal Energy Management Services (Pty) Ltd v City Power Johannesburg (Pty) Ltd 2013 1 BLLR 34 (LC).
Reputable outsourcing agencies have always contained a provision for severance on their client costing schedules with anticipated pay-out being
“on occurrence”, due to the rarity of the fulfilment of circumstances warranting a severance pay-out its occurrence is seldom if ever effected.
Remembering
That severance only triggers upon final termination for operational requirements i.e. if an employee leaves voluntarily, is dismissed or refuses
an alternative assignment no severance is due.
As a result of the high cost of vetting candidates, candidates are mostly transferred on an ongoing basis amongst clients, this is envisaged
in their contracts of employment wherein which they permeate an “on” and “off” assignment status and are only paid for hours worked.
The ending of an assignment does not constitute the end of employment only a reverting to a “pending placement” status.
Good Practice
That aside in the unlikely circumstances where severance may become payable experience has shown that due to staff movement, cyclical
assignments, attrition and dismissals due to misconduct a provisional estimate of 1% is by far more accurate than the actual wage rate of 2.13% .
Severance
11. c) What is the perceived additional risk to Clients for Equal Treatment ?
Section 198 (4)(f) Temporary Employment Service (TES) employees must be treated
on the whole not less favourably than an equivalent employee of the
client (after 3 months).
However,
Section 198D (2) For the purposes of sections 198A (5), 198B(3) and 198C(3)(a) a
justifiable reason includes that different treatment is a result of the application of a
system that takes into account:
(a) seniority, experience or length of service;
(b) merit;
(c) the quality or quantity of work performed; or
(d) any other criteria of a similar nature, and such reason is not prohibited by
section 6(1) of the Employment Equity Act, 1998
Therefore there are plenty of options for differentiating TES employees to other
permanent employees. In the section above some of those areas are listed
and are not limited so long as they are non discriminatory in terms of
section 6 of the Employment Equity Act.
Equal Treatment
13. What other protection is envisaged in the new legislation ?
• In future when determining representivity of a trade union, the extent to which employees are from
a TES provider, are part time or fixed term employees will be taken into account.
• This will make it easier for the union to gain organizational rights at lower thresholds of
representivity.
However
• Historically TES employees have always proven to be difficult to organise .
•
•
Trade Union Representivity
15. What perceived risks permeate to the Client under notice pay or notice payment ?
This obligation is not new and has always been managed by the TES. Good practice dictates that
the Client schedule staffing requirements to include 1 weeks notice if employed less than 6 months,
2 weeks if employed between 6 and 12 months, and 4 weeks if employed for more than 1 year.
However, traditionally the TES contract of employment makes provision for the temp to permeate
and “on” and “off” assignment status and only be paid for hours worked. The ending of an
assignment does not constitute end of employment with the TES only a reverting to a
“pending placement” status.
This has not been tested, it is however accepted as common practice amongst all TES companies.
To manage mutual risk it is essential therefore that each client provide the TES with a 30 day
end of SLA notice period.
BCEA – Notice or Notice Payment
17. The amendments to the EEA are intended to give effect to the right to equality, fair labour practices and
protection against unfair discrimination. The Employment Equity Amendment Act seeks to strengthen
the implementation and enforcement mechanism of the Act and ensure equal payment for work of
equal value.
What are the significant amendments to the Employment Equity Act ?
The beneficiaries of affirmative action (designated groups) are limited to black people, women and
people with disabilities who are citizens of the Republic of South Africa by birth or decent.
The grounds of unfair discrimination are extended to include differential treatment claims because of
discrimination on the listed grounds , in relation to terms and conditions of employment between
employees that perform the same or substantially the same work or work of equal value. In future
every designated employer must submit a statement on the remuneration and benefits received on
each occupational category and level of that employer’s workforce. Designated Employers will be
required to take steps eliminate differences in terms and conditions of employment.
The CCMA has extended jurisdiction to arbitrate unfair discrimination disputes if the alleged
unfair discrimination concerns sexual harassment or disputes concerning differential terms and
conditions of employment.
What is the impact of the changes and what can Employers expect ?
An increase in disputes due to the extension of the CCMA's jurisdiction to arbitrate
certain unfair discrimination disputes.
A significant monetary risk for contravening the Act.
Employment Equity Act Amendments
19. In Conclusion
As the Client what must I do ?
• Sign a 12 month renewable Service Level Agreement with a 30 day notice clause;
• With an indemnity;
• Justified by means of a flexible business model in a global economy;
• Justified by temporary service employees being employed as a different class of worker.
The Service Provider
• Must sign a 12 month assignment confirmation with its employee in that employment
will not extend beyond the date contained in the Service Level Agreement.
• No deeming provision will extend and staff can be paid differently because they
are a different class.
Suggestions
Review your pay structures and job categories and identify any structures that
are not sustainable and correct prior to the new laws coming into effect. Ensure that there are
justifiable reasons for any discrepancies.
Review your staffing requirements - embark on any retrenchments
prior to the new laws to ensure you build in flexibility and
ensure you remain competitive in your market place.
Ensure that you have an Equity Plan in place that incorporates the new amendments
and ensure that it is known to all staff, including those who are responsible for
recruitment. Where appointments are not aligned to the Plan,
records of the reasons for the deviation should be kept .
Putting the Flex back into Flexibility
21. We thank you for giving us the opportunity
to showcase our portfolio.
Should you wish to discuss any of the aforementioned
concepts or pricings please call us.
Prospectively you are a valued client
and are our priority.