Deduction of Notice of Termination of Employment | South African Labour Law | Section 34 of the BCEA

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  • Опубликовано: 18 окт 2024

Комментарии • 9

  • @suefourie
    @suefourie 3 года назад +3

    Another useful bite-sized learning module on Employment Relations! Interesting how important this also is to anyone who deals with #payroll

    • @carmenfourie5346
      @carmenfourie5346  3 года назад +3

      Thanks for watching & for your feedback. Yes! In time I will upload more videos around payments / remuneration which should be beneficial to payroll practitioners & bookkeepers/accounting firms who offer services related to paying wages.

  • @clarancebotha6180
    @clarancebotha6180 2 года назад +2

    If an employee has 12 leave days available and the employee only serves 2 weeks notice instead of 4 weeks, can the employee then deduct from the leave days payout in order to compensate for those 2 weeks the employee was not at work? Also, if the employee has a 13th Paycheck included in the contract when does that pay out or is it removed? Is the salary and 13th paycheck due in the same month it is usually paid or can the employee withhold those for a while?

    • @carmenfourie5346
      @carmenfourie5346  2 года назад +1

      According to my interpretation of the legislation I do not believe it is compliant that the leave is not paid out / deducted to compensate for the employee not serving sufficient notice of termination. That being said an employer can take steps against an employee for not serving the contractual / legislative notice period.
      A 13th check is company specific and contract specific - I won't be able to provide more information without seeing the actual agreement and without having a better understanding of the circumstances.

  • @EmmanuelMoela
    @EmmanuelMoela 2 года назад

    I am an Industrial Psychologist, well versed in application of BCEA/LRA/EEA and I can say with confidence that this channel is insightful. I enjoy your work and wish that more and more people would indulge in your content. Please drop me an email it would be helpful at times if I consulted with you in my line of work.

  • @molefemokhine9557
    @molefemokhine9557 3 года назад +1

    Another insightful video. Thanks once again Carmen. Here's a scenario that I'd be grateful for your input. An employee is put on forced annual leave to be subsequently retrenched because their position became redundant. While at home during the forced leave the company enforces salary cuts and on top of that the salary is further reduced because according to the company the employee didn't work a full calender month. Is the employer within their right to do this or is this just plain exploitation?

    • @carmenfourie5346
      @carmenfourie5346  3 года назад +1

      Thanks for watching & for your feedback. I am unable to give a more definitive response without knowing all the facts of the case, but what I can share is: Salary reductions cannot be made unilaterally (by one party) and can only be done by agreement, however, if an employee is contracted in such a way that they only pay for the hours worked then they (the Employer) would be entitled to only pay for the hours worked at the hourly rate that was agreed to (which would reduce the monthly amount). Annual leave days are paid by taking the average an employee usually earns in a day's work for each day of annual leave. If the dispute is only about payment entitlement and not the dismissal you can refer the matter to the CCMA or Department of Labour.

    • @molefemokhine9557
      @molefemokhine9557 3 года назад +1

      @@carmenfourie5346 Thank you for your response, much appreciated.

  • @nyurendandlovu3655
    @nyurendandlovu3655 2 года назад

    If the employer gives me 3 months notice,does she have to pay lieu of notice and pay leave?