Hi Carmen Thank you so much for your insightful content. If i may ask; regarding the employee entitlements stated by the Basic Conditions of Employment Act (such as leave and I believe bonus is one of them) are these applicable to a fixed term contract of 36 months?
There are no bonuses included in the Basic Conditions of Employment Act. If a bonus is being given it may be discretionary, or as per the contract of employment, or the company is regulated by a sectoral determination or bargaining council that included bonuses. But a company that needs to only comply with the BCEA - it is not a legal requirement for them to give a bonus. That being said if you earn below the earnings threshold then there are specific provisions in the Labour Relations Act that state that an employee on a fixed term contract cannot be treated less favourably than a permanent employee unless there is a justifiable reason for this. I have a video on the earnings threshold: ruclips.net/video/6q5vo9L3b1s/видео.html
What happens in the case where the employee refuses to sign the contract after commencing work because he does not agree with some points in the contract? Is the contract valid if not signed?
Can employer force employees to be always on the camera in the times on meeting while working from home which has been so common since the Covid-19 pandemic? The corporate that I work for has always been micro monitoring employees through video conferencing and Location tracing! Do we have the right to go against such policies where they mention that it is under their security policy!
It depends - the test we apply is - is the instruction reasonable & legal. In terms of having a camera on during meetings - an employer can make a strong case for wanting to have more effective communication, which is often facilitated through visuals as well as audio. In terms of location tracing - if it is during work hours and there are specific requirements around which locations employees are required to work, then this would reasonable. Or if the employer monitors where their assets go (i.e. if you have company equipment that moves around with you). I am just providing general information - this of course will be case specific.
@@carmenfourie5346 The reason for asking the question was, giant corporates are exploiting employees in the wake of upcoming recession and invading their employees privacy and personal space by micro monitoring every move which also resulting in data collection and breaching the common Indian code of privacy policy. As a single middle class individual we can't go against such a giant corporate which can crush millions like us and other companies too resulting in exploitation.
PLEASE NOTE: New earnings threshold for 2022 and what it means to earn above or below the threshold: ruclips.net/video/6q5vo9L3b1s/видео.html
Very interesting to hear the realities around contracts in the South African context!
Thanks for watching & for your feedback. Glad to hear you found it interesting.
Hi Carmen
Thank you so much for your insightful content. If i may ask; regarding the employee entitlements stated by the Basic Conditions of Employment Act (such as leave and I believe bonus is one of them) are these applicable to a fixed term contract of 36 months?
There are no bonuses included in the Basic Conditions of Employment Act. If a bonus is being given it may be discretionary, or as per the contract of employment, or the company is regulated by a sectoral determination or bargaining council that included bonuses. But a company that needs to only comply with the BCEA - it is not a legal requirement for them to give a bonus.
That being said if you earn below the earnings threshold then there are specific provisions in the Labour Relations Act that state that an employee on a fixed term contract cannot be treated less favourably than a permanent employee unless there is a justifiable reason for this. I have a video on the earnings threshold: ruclips.net/video/6q5vo9L3b1s/видео.html
What happens in the case where the employee refuses to sign the contract after commencing work because he does not agree with some points in the contract? Is the contract valid if not signed?
Can you have 2 Job Titles in your employment contract with 2 separate salaries for each title?
Can employer force employees to be always on the camera in the times on meeting while working from home which has been so common since the Covid-19 pandemic?
The corporate that I work for has always been micro monitoring employees through video conferencing and Location tracing! Do we have the right to go against such policies where they mention that it is under their security policy!
It depends - the test we apply is - is the instruction reasonable & legal. In terms of having a camera on during meetings - an employer can make a strong case for wanting to have more effective communication, which is often facilitated through visuals as well as audio. In terms of location tracing - if it is during work hours and there are specific requirements around which locations employees are required to work, then this would reasonable. Or if the employer monitors where their assets go (i.e. if you have company equipment that moves around with you). I am just providing general information - this of course will be case specific.
@@carmenfourie5346 The reason for asking the question was, giant corporates are exploiting employees in the wake of upcoming recession and invading their employees privacy and personal space by micro monitoring every move which also resulting in data collection and breaching the common Indian code of privacy policy.
As a single middle class individual we can't go against such a giant corporate which can crush millions like us and other companies too resulting in exploitation.