What Employers need to know about the NEW COIDA amendments

helenw — Mon, 23 Mar 2026 16:21:39 +0000

What Employers need to know about the NEW COIDA amendments

For years, most employers associated Compensation for Occupational Injuries and Diseases Act (COIDA) with only two things:

*reporting work related accidents and

*paying annual assessments.

This is no longer enough. The 2022 amendments now shift the focus to rehabilitation, reintegration and returning inured employees to work. This creates new statutory duties for employers and it will directly impact how incapacity and ill-health cases are managed in the workplace.

Here are six (6) important change that employers need to know:

1. Rehabilitation & Reintegration

A new Chapter VIIA of the COIDA, 2022, requires employers to support injured employees in returning to work. The rehabilitation may include-

A. Clinical rehabilitation and the provision of assistive devices for the purpose of physical and psychological recovery of the employee and to reduce any disability resulting from an occupational injury or disease;

B. Vocational rehabilitation to assist an employee to maintain employment, obtain employment, regain or acquire vocational independence though retraining and redeployment; and

C. Social rehabilitation to assist in restoring an employee’s independence and social integration to the maximum extent practicable.

2. Incapacity due to Ill Health
Previously, incapacity enquiries largely focused on whether the employee can perform their job under the Labour Relations Act. Now Employers will need to demonstrate they have:

A. Engaged with Compensation Fund recommendations and rehabilitation assessments;
B. Considered phased return to work arrangements – which now includes temporary adaptations such as reduced hours, light duty, and work from home where appropriate;
C. Explored retraining and redeployment options.
D. Taken Mental health & PTSD related functional limitations seriously, not only obvious physical restrictions.

Without evidence of genuine rehabilitation and integration efforts, incapacity dismissals will be harder to defend.

3. Expansion of the term “in the course of employment”

The definition now includes:

Training and offsite events – Accidents during training sessions, induction / onboarding programmes, off-site workshops, will form part of this definition going forward.
Travel in Employer-provided transport – Injuries on the way to or from work in employer transport can be included in this definition going forward.

The judgement in Bent v Rand Mutual Assurance (Pty) Ltd (Appeal) 9 December 2025, the High Court also clarified something important:

that employment does not terminate the moment an employee stops working. Where an employee is still on the employer’s premises and is transversing areas that form part of the workplace infrastructure, such as staircases and exists, the employment relationship continues for the purposes of COIDA. As long as the employee is still within the employer’s premises and exposed to risks inherent in that environment, the employment nexus remains intact and does not end when an employee clocks off. 2026 Newsletters

4. “Serious and wilful misconduct” no longer automatically excludes compensation

Where an accident is linked to the employee’s serious and wilful misconduct, compensation may still be payable. This means employers may need to manage both disciplinary processes and rehabilitation / return to work obligations.

5. PTSD, Mental health and Psychological injury are now recognised
Post-traumatic stress disorder (PTSD) is now recognised as an occupational disease.

Employees may claim compensation if PTSD arises from workplace incidents such as:

*armed robberies
*fatal accidents in employer transport
*serious industrial accidents
*repeated exposure to traumatic material.

Employers should now:

• Include trauma debriefing, counselling and appropriate psychiatric care into post-incident responses.
• Train managers and supervisors to recognise signs of PTSD and other mental health conditions and to refer employees early.
• Include psychological risk in their hazard identification and risk assessments especially where employees are exposed to violence, fatalities, or disturbing content as a regular part of their duties.
• Ensure incapacity enquiries/hearings for mental health conditions are informed by appropriate clinical evidence and aligned with the Compensation Fund’s PTSD recognition and recommended rehabilitation plans.

6. Compliance and penalties is increasing
COIDA Inspectors now have the powers to:

*to conduct workplace inspections
*issue compliance orders
*and enforce compliance through the Labour Court.

From 1st April 2026, administrative penalties may apply if employers fail to:

*Report accidents correctly and on time.
*Pay the first three months of temporary disability compensation.
*Maintain employment records and earnings for at least 5 years.

The claim prescription period has also increased from twelve (12) months to three (3) years.

What should employers do now?

*Update occupational injury and return to work policies.
*Review risks around employee transport and training events.
*Implement structured rehabilitation and Return to Work procedures.
*Partner with multidisciplinary rehabilitation providers.
*Train HR, line managers and Health & Safety representatives on the amendments.

The big shift:

COIDA is no longer just about claims administration. It is about actively managing employee recovery and return to work.

Question for employers?

Do you currently have a formal Return to Work procedure in place for injured employees – or is this still handled case by case?

If you would like help implementing COIDA compliant reporting and Return to Work procedures, please feel free to reach out.

Helen 082 716 7597 or email helen@pplsolutions.co.za OR helen@synergyhr.co.za

Kevin 068 606 7013 or email kevin@synergyhr.co.za

Parental Leave

helenw — Sun, 08 Feb 2026 09:47:14 +0000

Parental Leave

On 3rd October 2025, the Constitutional Court handed down a historic judgement concerning the constitutionality of the current parental leave legislation, in a matter Van Wyk and Others vs Minister of Employment and Labour & Others, that was heard towards the end of 2024. Mr. Van Wyk’s wife was self-employed and wanted to return to work after the birth of their child. Mr. Van Wyk declared that he would be the primary care giver to their newborn child. Mr. van Wyk who was employed at the time, approached his employer seeking four months’ consecutive parental leave but was informed that he is only entitled to 10 days paternity leave. Given the potential financial constraints that they would face if his wife was to take 4 months maternity leave, Mr. van Wyk opted to take an extended unpaid leave of 6 months from his employer, which consequently affected his finances and career prospects.

They submitted that the current parental leave legislation in the BCEA and UIF Act provide greater benefits to biological mothers, than every other category of parents, in particular fathers, and that this is unconstitutional and invalid.

The Constitutional Court’s Findings are as follows:

The BCEA and UIF Act provisions unfairly discriminate between mothers and fathers, and between biological, adoptive and commissioning parents.
The denial of equal leave is unconstitutional and invalid.
Equality in parenting is central to dignity, gender neutrality, and the best interests of children.
Interim relief is necessary to ensure rights are immediately protected.

What is interim relief and when is it effective?
1. With immediate effect, any 2 parents may share a total of four consecutive months and ten days (approx. 130 days) of parental leave, regardless of whether they are birth, adoptive or commissioning parents in surrogacy.
2. There is now only Parental Leave – which replaces the previous Maternity, Parental Leave, Adoptive or Commissioning Leave.
3. Pending the enactment of remedial legislation, the impugned provisions of the BCEA are amended to read that the current allowance of 4 months, for biological mothers, should be retained.
4. Where only one of the parents is employed, such parent should be entitled to the full parental leave. In the case of a biological birth, the mother must have preference in respect of the time, currently allocated as preparation for birth up to 4 weeks, and for 6 weeks after giving birth unless certified medically fit.
5. Subject to this qualification, the parents should be entitled to share the available days as they choose.
6. Furthermore, the period of 6 weeks parental leave for a biological mother after miscarriage or still birth also still applies.
7. There should be a requirement that a father who wishes to avail himself for paternity leave, qualifies as one who has assumed the parental rights and responsibilities over the child as contemplated in the Children’s Act.

These rules apply immediately, even though Parliament has three years to update the written laws.

What does this mean for Employers?
1. Update their leave policies, employment contracts and leave systems to replace Maternity, Paternity, Adoptive and Commissioning leave with Parental Leave.
2. In terms of the BCEA Parental Leave remains unpaid leave subject to UIF benefits to those who qualify. Please note that if your organisation has a policy currently providing for PAID maternity/ paternity leave, then it might be deemed as unfair discrimination if the additional parental leave options do not qualify for the same benefits.
3. Allow employees to share leave flexibly between parents – where BOTH parents are employed by the same employer.
4. Train and inform HR staff and line managers on how to apply the new rules.
5. Inform employees that the UIF benefits are still be updated to match the new laws.
6. Avoid discriminatory practices in approving parental leave requests, as failure to do so may give rise to unfair discrimination claims under the Employment Equity Act.

Notification Requirements:

Employees must notify their employer, or both employers, in writing of their intended parental leave dates and return date, at least 4 weeks in advance or one month for adoption or commissioning parents, unless this is not possible to do so.

Further considerations:
1. Some practical issues that still need to be considered is how UIF benefits will be paid and how employers will handle cases where both parents work for different employers.
2. Furthermore, will an employer of the one of the parents to a parental relationship, be able to confirm the details of a shared parental leave agreement with the other parent’s employer in order to avoid abuse. There is no clear legal answer at this stage but it is recommended that your policy review also address this issue by including consent from your employee to do so or specifying other means of verifying the information.

This ruling brings South Africa closer to global standards on family and workplace equality. It allows parents to decide what works best for their family and encourages shared caregiving responsibilities.

If you need assistance, please do not hesitate to reach out to me at: Helen@pplsolutions.co.za, helen@SynergyHR.co.za, info@SynergyHR.co.za or on + 27 (0)82 716 7597.

Regards
Helen

Balancing Compliance and People: EE Updates & HR Support for SMEs

helenw — Thu, 11 Sep 2025 12:18:12 +0000

I’m currently assisting a number of clients with finalising their 2025 Employment Equity (EE) Plans for submission to the Department of Labour (DOL) later this year. What’s interesting is that the majority of these businesses don’t have an in-house HR department.

Now, here’s the challenge: the EE process should ideally have started at least four months ago. Yet, many clients weren’t even aware that they needed to have their new 2025 EE Plan in place by 31 August 2025 in order to report later in the year. As you can imagine, trying to squeeze four months of work into just a few weeks is stressful—for both the client and the service provider.

The first step in the process is the circulation of EEA1 forms to staff. These forms are critical, as they provide the base information to categorise staff correctly by race, gender, and disability. Right now, many clients are still rushing to get these forms back. If the Workforce Profile was prepared before these EEA1 forms were received, there’s a high chance the data is outdated or incorrect—which could affect compliance.

Here’s the bottom line:
If you employ 50 or more staff, you are a designated employer in terms of the EE Act. That means you must develop a 2025 EE Plan that aligns with your industry sector targets. This plan must include your annual targets showing how you’ll reach your industry’s sector goals by 31 August 2030.

A Quick Checklist of EE Activities that should have been met by 31 August 2025:
• Do a gap analysis of your top four occupational levels vs the sector targets.
• Analyse income differentials to identify pay gaps.
• Run leadership and management training on EE 2025 legislation and amendments.
• Equip your EE Committee with knowledge of the 2025 amendments and admin processes.
• Facilitate awareness workshops on harassment and disability inclusion.
• Circulate and collect EEA1 forms, then update your HR/payroll records.
• Acquire a disability validation tool.
• Conduct a harassment risk assessment.
• Complete and capture your EEA12 & EEA13 reports.
• Consult your EE Committee on barriers identified in the analysis process.

Many companies are at different stages of this list, but most are definitely feeling the pressure as the reporting deadline gets closer.

EE compliance is just one example of where outsourced HR adds real value. Here are a few more situations I’ve recently assisted clients with:
1. Developing an appraisal system
A manufacturing client needed a performance appraisal process built around their unique operations. I facilitated workshops with line managers, drafted appraisal templates, and structured the rollout plan. Doing it this way ensures the system is practical and not just “copy-paste” from another business.
2. Adapting global policies for South Africa
Another client had HR policies drafted in another country. Instead of rewriting them, I created South African annexures that complied with local labour laws, ran staff workshops, and updated the Employee Handbook for future hires.
3. Employee queries when no HR exists
While onsite, staff often approach me with questions—like what happens when their fixed-term contract expires, or how to enrol for benefits like a provident fund. I step in to ensure they’re given the correct documentation and guidance.
4. Disciplinary support
Line managers sometimes face tricky situations with staff discipline. I recently guided a manager through the correct steps, referencing the company’s Code of Conduct, and explained what to do if the behaviour repeated. This kept the process fair and legally compliant.

All of these examples show one thing: HR support is not a “nice-to-have”—it’s essential.
Without HR, you as the business owner automatically become the HR manager. That means you’re expected to know labour law, manage staff conflicts, run compliance processes, and keep employees engaged—all while running your business. Let’s be honest, that’s not realistic, nor is it the best use of your time.

Your energy should be focused on growing your business, bringing in new clients, and leading operations—not sitting with legislation, staff disputes, or policy drafting. That’s where HR support (whether part-time, outsourced, or project-based) comes in.

By partnering with an HR specialist, you:

Save time and reduce risk of non-compliance.
Build fair, consistent systems that staff can trust.
Get peace of mind knowing employee matters are handled correctly.
Ensure your policies, processes, and benefits keep pace with South African labour laws.
In short: If you don’t have in-house HR, outsourced HR support makes sure the people side of your business is handled—leaving you to do what you do best: run and grow your business.

If you need assistance in introducing an Appraisal system for your organisation, please do not hesitate to reach out to me at: Helen@pplsolutions.co.za, helen@SynergyHR.co.za, info@SynergyHR.co.za or on +27 82 716 7597.

Regards

Helen

How can an Appraisal system contribute to growth

helenw — Tue, 26 Aug 2025 08:59:55 +0000

How can an Appraisal system contribute to growth, improved communication & training and development opportunities in your organisation?

Introduction:
In my personal experience, I would say that appraisals commonly conjure up thoughts and comments like –
“Oh no, not again!,” “Time waster,” “Something that HR makes us do once a year.” If the process is treated like a tick box exercise to simply complete for the sake of it, then these thoughts and comments are the likely result.

However, where the process can contribute towards growth for the organisation, improved communications within teams that lead to training & development opportunities for employees, the attitude towards appraisals changes to a value-add exercise.

The introduction of a new system speaks to change, and this can sometimes feel stressful & daunting, but it also brings opportunity. Introducing the first formal performance appraisal system in any organisation, isn’t just another HR initiative; it’s a fundamental step towards fostering growth, improving communication, and ultimately, strengthening the entire team. This process will empower managers, engage your employees, and contribute to a more productive, communicative, and growth-oriented work environment.

What are the Benefits of implementing an appraisal system the organisation?
A well-structured appraisal system provides benefits to both the Company and Employees. Let’s look at these:

For the Company:
1. Contributing towards growth of an organisation: An appraisal system contributes to an organization’s growth in numerous ways by aligning individual performance with business objectives and fostering a culture of continuous improvement. This is a mutually beneficial process, as it helps the company achieve its strategic goals while simultaneously supporting the professional development of its employees.

2. Fostering a Goal-Oriented Culture: An effective appraisal system ensures that employees’ individual goals are directly tied to the organization’s overarching strategic objectives. By setting clear, measurable goals using frameworks like S.M.A.R.T. (Specific, Measurable, Achievable, Relevant, Time-bound), employees understand how their daily tasks contribute to the company’s success. This alignment increases motivation and a sense of purpose, which in turn boosts productivity.

3. Enhancing Communication and Feedback: Appraisals provide a structured platform for two-way communication between managers and employees. Rather than being a one-time event, the process encourages regular check-ins and ongoing feedback. This open dialogue helps build trust, clarifies expectations, and allows for timely course correction. When employees feel heard and valued, it creates a more transparent and positive work environment.

4. Strengthen Manager-Employee Relationships: Through meaningful conversations about performance and development, managers can build stronger relationships with their team members, fostering trust and mutual respect.

5. Developing Talent and Building a Skilled Workforce: Appraisal feedback is a powerful tool for identifying skill gaps and training needs. Managers can pinpoint areas where employees would benefit from additional training, mentorship, or new challenges. By investing in employee development, the organization not only improves individual performance but also cultivates a more skilled and adaptable workforce. This is critical for staying competitive and addressing the evolving demands of the market.

6. Informed Decision-Making: Appraisal outcomes can inform decisions related to training and development, promotions, and succession planning, ensuring we have the right people in the right roles. The data and insights gathered from appraisals are invaluable for making informed business decisions. This information can be used for:

Succession Planning: Identifying high-potential employees for future leadership roles.
Compensation and Rewards: Ensuring that high-performing employees are recognized and rewarded fairly.
Talent Management: Making objective, data-driven decisions about promotions, transfers, and team restructuring.

7. Boosting Productivity and Efficiency: By providing regular feedback and identifying development needs, we can empower employees to perform at their best, leading to increased productivity and efficiency on the factory floor and in all departments.

8. Ensuring Fairness and Consistency: A standardized appraisal process ensures that all employees are evaluated fairly and consistently against predefined criteria.

For Employees:
1. Boosting Employee Morale and Retention: When employees feel their work is recognized and they have a clear path for growth, their job satisfaction and morale improve. A well-structured appraisal system that is perceived as fair and transparent can significantly reduce employee turnover. By showing a commitment to employee development, the organization increases loyalty and attracts top talent, which are essential for long-term growth and success.
2. Clear Understanding of Expectations: Appraisals clarify what is expected of each employee in their role, reducing ambiguity and providing a roadmap for success.
3. Regular and Constructive Feedback: Employees receive formal, documented feedback on their performance, highlighting their strengths and identifying areas where they can grow. This is crucial for professional development.
4. Recognition for Contributions: The appraisal process provides an opportunity for hard work and achievements to be formally recognized and acknowledged.
5. Opportunities for Growth and Development: Feedback and discussions during appraisals will help identify the employee’s development needs, leading to targeted training and career advancement opportunities within the organisation.
6. Self-Reflection in the Performance Journey: The appraisal process encourages self-reflection and provides a platform for the employee to share their perspectives, challenges, and goals with their manager.

Navigating Tough Conversations:
It is understandable that discussing areas for improvement can sometimes be challenging. Here are a few suggestions for both managers and employees:
1. Focus on Behaviour, Not Personality: Frame feedback around specific actions and their impact, rather than making personal judgments. E.g. Speak to the specific action and not to the person, by removing use of the word “you.”
2. Be Specific and Use Examples: Instead of vague statements, provide concrete examples to illustrate your points.
3. Listen Actively and Seek to Understand: Create a safe space for open dialogue and try to understand the other person’s perspective.
4. Collaborate on Solutions: When discussing areas for improvement, work together to identify actionable steps and support needed for growth.
5. Maintain a Professional and Respectful Tone: Even in difficult conversations, it’s crucial to always remain professional and respectful.

Practical tips for Managers:
1. Coach vs Critic: Position yourselves as a coach, not a critic. Start with a positive mindset and this should set the tone from the start. Instead of framing the appraisal as a performance review, refer to it as a “development conversation” or a “growth planning session.”
2. Preparation is Key: Both managers and employees should take the time to prepare thoughtfully for appraisal discussions. Notify employees timeously of the scheduled appraisal meeting and provide a copy of the form to be used to record the appraisal details, along with a copy of the relevant Job Description (JD) for reference.

TIP – Go through the JD and structure questions for discussion at the scheduled appraisal meeting.

3. Focus on Growth and Development: Frame the appraisal as an opportunity for learning and improvement, rather than just an evaluation of past performance. When discussing an area needing improvement, frame it as a problem-solving exercise.

TIP – “Let’s look at the time management challenges that were faced last quarter. What can we do differently to ensure that deadlines are met in the future? What kind of support would be helpful?”

4. Follow Up on Action Plans: Ensure that development plans and agreed-upon actions are followed up on, demonstrating a commitment to growth.

TIP – The appraisal should end with a collaborative development plan that outlines actionable steps for learning and improvement. This plan should not be a list of tasks dictated by the manager but a mutually agreed-upon strategy. It should include clear goals, necessary resources (e.g., training, mentorship), and a timeline for check-ins. This shared ownership makes the employee feel empowered and motivated to take charge of their professional development.

5. Regular Informal Check-Ins: Don’t wait for the formal appraisal to provide feedback. Encourage regular informal check-ins and conversations about performance throughout the year.

TIP – Conduct regular check-ins with staff when opportunities present. A recent death of a family member may impact the employee’s mood and interaction with others. Acknowledge the event and be as supportive as possible.

Some uses for Appraisal Feedback and Outcomes:

1. Identifying Training and Development Needs: Recurring themes or skill gaps identified during appraisals can inform company training programs, ensuring investment in the areas that will have the most significant impact.

2. Succession Planning: Identifying high-performing individuals and their development goals helps the organisation to plan for future leadership roles within the company.

3. Reviewing and Refining Job Roles: Feedback on challenges and areas of difficulty can provide valuable insights for reviewing and potentially refining job descriptions/ SOPs and responsibilities.

4. Recognizing and Rewarding Performance: Consistent high performance identified through appraisals can be a key factor in decisions related to recognition programs and potential advancement opportunities.

Regards

Helen

Why is Staff Wellbeing important to South African businesses?

helenw — Sun, 13 Jul 2025 14:59:46 +0000

Why is Staff Wellbeing important to South African businesses?

The demands on South African businesses are greater than ever. But as businesses focus on productivity and profit margins, a critical factor for long-term success is often overlooked: the well-being of their employees. Business needs employees to conduct their business activities. So, it simply makes good business sense to focus on the Wellbeing of your employees who are the backbone of your business, without which you cannot operate.

Far from being a “nice-to-have” perk, staff wellbeing is a strategic business imperative, especially in a country with a unique set of socioeconomic challenges. Burnout, stress, and mental health issues are not just personal problems, they are directly impacting your productivity, retention, and profitability.

The Real Cost of Poor Wellbeing in South Africa

The numbers paint a stark picture. A recent Gallup report reveals that 36% of the South African workforce experiences excessive daily stress, and a staggering 71% are either disengaged or actively disengaged at work.

Where do these stresses come from?

Economic pressures,
Job insecurity,
and a high cost of living are everyday realities for many South Africans.

This chronic stress seeps into the workplace, leading to what experts call “presenteeism” when employees show up to work but are too unwell to be productive. This phenomenon is estimated to cost the South African economy a staggering R161 billion annually, a figure that far exceeds the costs of absenteeism.

The message is clear: if you are not actively investing in your staff’s wellbeing, you are quietly bleeding productivity and profit.

The Benefits of a Proactive Wellbeing Strategy

A holistic, well-planned wellbeing strategy creates a virtuous cycle of positive outcomes for your business:

Increased Productivity: Healthy, engaged employees are more focused, more innovative, and more resilient. They make fewer mistakes and contribute more to your business goals.
Reduced Absenteeism & Presenteeism: By addressing the root causes of stress and illness, you can significantly reduce sick days and the costly impact of employees who are not performing at their best.
Higher Staff Retention: In a competitive market, a supportive and caring work environment is a powerful magnet for talent. Employees who feel valued are more likely to stay with your company, saving you the immense costs of recruitment and training.
Enhanced Employer Reputation: Companies that genuinely care for their people are seen as employers of choice. This strengthens your brand and makes you a desirable place to work.

Practical Wellbeing Strategies for South African Workplaces

A comprehensive approach to wellbeing goes beyond a single annual event. It requires a multi-faceted strategy that addresses the physical, mental, and financial health of your employees. The ultimate goal is to reduce less engaged, less productive and employees that are regularly absent. This not only impacts your business growth however adds strain to the team members who cover for absent colleagues. This may result in staff conflict down the line if the matter goes unchecked.

Here are some practical strategies for you to implement:

Implement an Employee Assistance Programme (EAP): Partner with a provider that offers confidential counselling and support. Ensure the service is available 24/7 and can cater to all 11 official languages to provide truly inclusive support.

Businesses that provide Medical Aid cover for staff

Contact your medical aid service provider, or medical aid broker service for assistance in identifying a suitable EAP.

For small business that do not offer a medical aid benefit to staff

I suggest you research options available and sign up for an EAP that suits your budget. There are options available for a monthly cost based on the number of members to be covered. You could either split the cost with the employee monthly, or you could cover this as a Company Contribution which is an attractive retention and staff attraction tool.

Train Managers in Mental Health First Aid: Equip your leadership team to recognise the signs of burnout and stress. Empower them to have supportive conversations and direct staff to professional help without judgment.

Changes to productivity patterns.
Changes to attendance and increase in absenteeism.
To recognise the stressors and how to address the information received confidentially.

Provide access to Mental Health Support: Access to external professionals who can assist with counselling, guidance and resources without judgment.

Debt Counselling: Access to confidential and professional support to help employees manage financial challenges and work towards financial wellness. High debt levels can be debilitating and will impact the employee’s ability to switch off this pressure at work.

Legal advice: Access to legal advisors that can provide assistance with any legally related matter for e.g. Divorce, Visitation rights, Abuse, Trauma, etc.

Funeral cover: Providing access to affordable funeral cover is also a significant benefit that can alleviate a major source of financial stress for many South African families and Employers. Funerals are not always planned events. They can strike when an employee is unable to cover the cost of a funeral for their loved ones however in terms of tradition, they are forced to cover the costs for a funeral.

Often in these cases, the employee turns to their employer for financial assistance to meet their obligations. In larger organisations, this assistance is more readily available. However, in a small business, the resources may not be available to assist the employee.

The cost can be split between the employer and employee or offered as a Company Contribution to all staff, which acts as a tool to retain and attract staff.

Fitness Support: Access to resources, coaching and tools to help employees improve physical health, wellness, manage stress and the prevention of ill health.

Nutritional Advice: Access to dietary information, health conditions and the resources that assist employees to develop better eating habits, for example, by creating an awareness of food groups and portion sizes.

Encourage Community and Volunteering: Create opportunities for your team to give back to the community. Corporate Social Investment (CSI) activities and Employee Volunteering Programmes (EVPs) build a sense of shared purpose and connection that boosts morale and engagement.

Lead by Example: Wellbeing starts at the top. Leaders should demonstrate healthy work habits, take their full leave, and openly discuss the importance of work-life balance.

By taking these steps, you can create an environment where staff not only survive but truly thrive. This isn’t just about being a good employer, it’s about building a strong, resilient, and productive workforce that is ready to drive your success for years to come.

Please do not hesitate to reach out to me to discuss how I can help you with implementing an Employee Assistance Programme for your business.

Please contact me on 082 716 7597 or at email helen@pplsolutions.co.za. Thank you.

Yours in HR,

Helen

7 Steps to Set Up Your EE Committee

helenw — Wed, 11 Jun 2025 10:13:33 +0000

7 Steps to Set Up Your EE Committee

In my previous Blog I explained the nuts and bolts of Employment Equity. This time I explain how to set up your Employment Equity (EE) Committee in 7 steps.

You may be thinking why does this matter?

It gives your employees a voice in a shaping a fair workplace.
It supports transformation and diversity – which is good for business.
It keeps you compliant with EE legislation and audit ready.

Many businesses do not know where to start when it comes to setting up the EE Committee which is doable when you know the steps.

Step 1 Check if you are a “designated employer”?
Designated employers have 50+ employees.

Step 2 Engage your team
Speak to management, employees and unions (if applicable).

Step 3 Appoint your committee members
* Include representatives across race, gender and occupational levels.
* Ensure both management and employee participation.
* Conduct a workplace “election” to select the EE Chairperson, and EE Committee representatives to ensure fairness and equal representivity.
* Issue a Letter of Appointment to each of the successful candidates including their role and the period they will sit on the Committee.
* An EE/ Training “Coordinator” is required take the minutes at meetings and to provide various other supportive admin tasks for the EE Committee. This can be a HR representative or an Admin employee.

Step 4 Draft Terms of Reference
* Define the Purpose of the Committee. This Committee can also double up as the Training Committee for Skills Development initiatives.
* Define Roles and Responsibilities for the EE Chairperson, EE Committee Members, and HR/ Admin Representative.
* Define the frequency for meetings. Typically, this is quarterly however can be less frequent or more frequent depending on the size of the business.

Step 5 Train the Committee
Most members are not legal experts – they need to know what is expected and how to contribute. Equip them with an understanding of their role and of EE/Skills Development legislation.

Step 6 EE Meetings
* The EE Committee helps shape your EE plan and monitors’ progress. This is an active role – not an annual tick-box exercise.
* The Minutes of the EE Committee Meetings feed into your EE Plan and Reporting functions each year as well as into the WSP and ATR reporting processes to SETAs.
* Develop a standard EE / Training Agenda to ensure that relevant matters are discussed at each meeting.
* The Minutes of the meeting should follow the agenda items.

Step 7 Record keeping
* Keep accurate Signed copies of the Minutes of the meetings.
* Keep accurate records of EE / Training Committee membership and elections undertaken.

I have assisted several organisations in laying a solid foundation for EE Committees and compliance. If you’d like a checklist that provides further details or you would like to chat about your specific needs, please drop me a message via email at helen@pplsolutions.co.za or contact me via WhatsApp at +27 (0)82 716 7597.

Yours in HR

Helen

Employment Equity Explained

helenw — Thu, 08 May 2025 13:06:24 +0000

Employment Equity Explained

The purpose of this article is to provide Employment Equity information in an easy-to-read format so that every business owner can understand it. Wherever ‘Employer’ is used below this means a Designated Employer.

Part 1- EE Definitions and general terms

• Who is a Designated Employer?
This is an employer with more than 50 employees.
• What are the top 4 Occupational Levels?
1. Top Management
2. Senior Management
3. Mid management/ Professionally Qualified/ Experienced specialists
4. Skilled Workers/ Supervisors / Foreman and Junior Management

• Who are the Designated Groups?
Black people (African, Coloured and Indian), Women and people with disabilities.
• What is the EAP?
This is a document that details the Economically Active Population between the ages of 15 and 64 years old, by race, gender, nationally and provincially.
• Temporary Employees
People employed for less than 3 months.
• What are Numeric Goals?
The entire workforce profile in terms of race, gender and disability, the employer seeks to achieve by the end of the EE plan period. (5 years)
• What are Numeric Targets?
The entire workplace profile in terms of race, gender and disability, the employer seeks to achieve by the next reporting period. (1 year)
• What 12-month period should be included in the reporting cycle?
1st October to 30 September.
• What period should the Employment Equity Plan cover from 1st April 2025?
5 years from 1 September 2025 to 31 August 2030.
• What is the deadline for submitting EE reports by hand, to the Department of Labour?
Annually, from 1st September until the first working day of October.
• What is the deadline for submitting EE reports electronically to the Department of Labour using the online EE reporting system?
1st September until 15th January the following year.

• First reporting period for employers that become a designated employer on or after the first working day of April 2025.
The first EE report is to be submitted in the following reporting cycle.
• A designated employer that is a holding company controlling more than one registered entity may choose to submit a consolidated report. Where this is the case, the consolidated report must be supported by individual EE Plans for each of the registered entities included in the consolidated report and adopt a method of reporting that remains consistent for the duration of the plan.

• Public companies that are designated employers must publish a summary of their EE Report in their annual financial report including the information specified in the EEA10 template.

• Who may verify and authorise the information contained in the EE report?

CEO – Private sector
Accounting
Officer – Organ of State

Part 2 – Duties of a Designated Employer

Step 1 – Collect information and conduct an analysis

• The Employer must request each employee in the workforce to complete a declaration using the EEA1 template.

• Where an employee refuses to complete the form or provides inaccurate information, the employer may establish the relevant details by using reliable historical and existing data and persons with disabilities have the right not to declare their disability.

• Conduct a review the employment policies, practices and procedures as well as of the working environment in order to identify employment barriers which adversely affect people from designated groups from being equitably represented across all occupational levels. The outcome of the analysis must be documented using the EEA12 template. The completed document remains an internal record.

When conducting this analysis, the employer may take the following processes into account –
a) Recruitment, selection, pre-employment testing, induction, promotion and retention.
b) Succession and experience planning, promotions and transfers.
c) Job assignments and training opportunities.
d) Performance and remuneration including equal pay for work of equal value.
e) Discipline and dispute resolution.
f) Working conditions, including the accommodation of cultural, religious and other diversity differences.
g) Reasonable accommodation including persons with disabilities.
h) Corporate culture.
i) Any other policy, procedure or practice that may arise from the consultation process.

Step 2 – Duty to prepare and implement an EE Plan

• Conduct an analysis of the workforce profile. This is a snapshot of each occupational level on a particular date in terms of race, gender and disability.

• The workforce profile is compared to the occupational levels and designated groups using the latest EAP record. (Refer definitions)

• The employer must record on the EEA12 template whether they are using the National or Regional EAP for their analysis.

• Further to the requirements of the EAP, employers must comply with the relevant sectoral numerical targets for the sector which they operate in. These sector targets came into effect on 1st April 2025. (Refer Govt. Gazette 52514 dated 15/4/2025)

• The 5-year sectoral numerical targets are not intended to add up to 100% as these targets exclude white males with no disabilities and foreign nationals.

• If the employer operates in more than one sector, then the numerical targets for the sector in which the majority of the employees are engaged in, will apply.

• The 5-year sectoral numerical targets are key milestones towards achieving equitable representation of the designated groups within the upper four occupational levels of an employer’s workforce in relation to the demographics of the applicable EAP and for person’s with disabilities. The 5-year target for people with disabilities is 3% across all 18 sectors.

• When determining their annual EE targets towards achieving the 5-year sectoral numerical targets, a designated employer must set numerical targets for all designated groups in each of the upper four occupational levels in relation to the applicable sectoral targets and EAP and for person’s with disabilities.

• The EE Plan is drafted by using the EEA13 template and the EE plan must contain all the elements contained in the EEA13 template that is included in the 2025 EE regulations. The completed document remains an internal record.

• A designated employer must avoid perpetuating the over-representation of any group of their representation if this exceeds the applicable EAP in a particular occupational level.

• Where the numerical target has been exceeded for a particular designated group at an occupational level, they should continue to set targets that maintain compliance with the EAP.

• Numeric goals and annual EE targets at the semi-skilled and unskilled occupational levels must be set in the EE plan taking into account the applicable EAP.

• Compliance will be assessed against annual targets towards meeting a relevant 5-year sectoral numeric target.

• There will be no penalty or any form of disadvantage if there are reasonable grounds to justify failure to comply with any target.

Step 3 – Duty to Report

• EEA2 & EEA4 reports can be delivered to the Department of Labour between 1st September and the first working day of October each year.

• **The completed EEA12 and EEA13 forms are used to complete the EEA2 report.

• Electronic submissions of the EEA2 and EEA4 reports by using the online reporting system via www.labour.gov.za and must be successfully submitted by 15th January each year. It is advisable to submit the reports as early as possible online to prevent technical problems or overloading the system at the last minute. The EEA 4 report is made up of Income Differentials across the Occupational Levels. There is no preparatory document for these details. Most payroll systems have these details within the system in the relevant format required by the Department of Labour. If you don’t use a payroll system, the details will need to be extracted manually from your payroll records.

• If a designated employer is unable to report in any year the Director-General must be notified in writing using the EEA14 form, by the last working day of August of that year.

• After submission of the reports, the Department must provide an employer with one of the following –
a) A letter rejecting the report because it does not comply with the requirements of the Act.
b) A letter informing the employer of errors in the report and requesting the employer to rectify the errors within a specified period.
c) An electronic acknowledgement letter stating that the report is complete and has been successfully submitted into the Department’s EE system.

Summary of the documentation required for Analysis, Preparation and Implementation of Employment Equity

1. Download the latest National & Regional EAP records. These can be downloaded from the latest Employment Equity Commission Report published. Or you can download this record from Stats SA.
2. Download a copy of the Government Gazette 52514 dated 15/4/2025 for the latest Sectoral Numerical Targets.
3. Download a copy of Government Gazette 52515 dated 15/4/2025 for the 2025 EE regulations.
4. Download a copy of the Code of Good Practice on the Preparation, Implementation and the Monitoring of the EE Plan – Government Gazette 40840 dated 12 May 2017. This document is used as a cross reference with the 2025 EE Regulations and provides guidelines of how the Designated employer should prepare to report to the Department of labour.
5. Download a copy of the Code of Good Practice: Integration of Employment Equity into HR Policies and Practices Amendment dated 15 February 2022. This document provides guidelines on how to integrate EE into HR policies and practices.
6. Download a copy of the EEA1 document for staff to complete and return to HR at the beginning of the EE process.
7. Download copies of the EEA12 and EEA13 templates to be used to conduct the analysis and draft the EE plan once the analysis process is complete. **Then the details from these templates are used to complete the EEA2 report.
8. If you will be submitting the EE reports by hand to the Department, then you should download copies of the EEA2 and EEA4 templates for completion once the analysis process is complete. The EEA2 template details the analysis process, the workforce profile and other information required. The EEA4 document reflects the earnings differentials across all the Occupational Levels of the organisation.
9. If you are using the online EE system to submit your reports, then you don’t need to download the EEA2 and EEA4 templates for completion. You will complete the EEA2 and EEA4 template online. You can download copies of the completed reports once you have successfully submitted these reports online. The electronic letter confirming successful submission, will be emailed to you usually the same day that you have successfully submitted the reports online.

If you remain confused by all these details, please reach out to me for assistance with all your EE processes – helen@pplsolutions.co.za or helen@synergyhr.co.za or 082 716 7597.

Yours in HR,

Helen

Foundational HR and why you need it!

helenw — Tue, 08 Apr 2025 11:44:57 +0000

Foundational HR and why you need it!

Running a small business in South Africa comes with plenty of challenges — from managing finances, juggling day to day operations and securing new customers. With so much going on, it’s no surprise that many small business owners push HR to the bottom of their priority list.

But here’s the truth: foundational HR is not just for big corporations. In fact, getting your HR basics right early on can protect your business, improve staff performance, and create a solid platform for sustainable growth.

But what exactly is “Foundational HR,” and why is it critical for small businesses, even those with just a handful of employees?

What Is Foundational HR?

Foundational HR refers to the essential building blocks every business needs to manage its people effectively. Think of it as the HR “starter pack”.

Even if you only have one or two employees, these are the key documents and processes every small business should have:

• Employment contracts that comply with the Basic Conditions of Employment Act (BCEA).
• Job descriptions outlining roles and responsibilities.
• Workplace policies, including leave, conduct, grievance, and disciplinary procedures aligned with the Basic Conditions of Employment Act (BCEA), Labour Relations Act (LRA), Employment Equity Act (EEA), Occupational Health & Safety Act (OHSA) and Protection of Personal Information Act (POPIA).
• Payroll compliance, including payslips, UIF, and tax deductions that meet South African Revenue Services (SARS) compliance requirements.
• Employee record-keeping with signed documents and performance notes that are confidentially stored and maintained.
• An onboarding process to welcome and train new hires.

It’s not just paperwork — these foundational elements set the tone for your company culture, protect your business from risk, and provide clarity for your employees. It’s the framework that supports your team as you grow.

Why Many Small Businesses Overlook HR (and Why That’s Risky)

Many small business owners believe:

“We’re too small for HR”
“I’ll sort it out when I hire more people”
“It’s too expensive to get HR support”

The truth is, waiting too long to set up basic HR structures can cost you – legally, financially and reputationally.

• Non-compliance with South African labour laws and payroll requirements (which can result in fines or CCMA cases).
• Disputes and confusion due to unclear job roles or poor communication.
• High staff turnover when employees feel unsupported or treated unfairly because there is no formal onboarding, growth or feedback process.
• Time and money wasted resolving issues that could have been prevented.

The Benefits of Foundational HR for Small Businesses

Here’s how investing in your HR foundation pays off and makes business sense:

Legal Compliance

Stay in line with labour legislation like the BCEA, LRA, EEA, SDA, SDL and POPIA. Protect your business from legal trouble by having proper contracts, policies, and procedures in place. After 30 years of CCMA support to employees, staff are smarter and better informed these days about their rights and how they should be treated. South African labour laws are strict, and even unintentional mistakes can lead to CCMA cases or penalties.

Clarity and Structure
Everyone understands their roles, responsibilities, and rights. This reduces misunderstandings and boosts team accountability. Well-written job descriptions and policies help everyone understand their role and the rules. This reduces micromanagement, boosts accountability, and avoids misunderstandings.

Better Employee Experience
People want to work for businesses that treat them fairly and professionally. A simple onboarding process, clear communication, and performance feedback go a long way in building loyalty. Furthermore, your team feels valued, supported, and clear about expectations. This improves morale, productivity, and retention.

Easier Growth and Scalability
With the right HR systems in place, hiring and managing staff becomes smoother as your business grows. When your HR basics are in place, it’s much easier to grow. You won’t need to reinvent the wheel every time you hire someone new or address a staff issue.

The good news?
You can set up a strong HR foundation without hiring a full-time HR professional. Project-based or outsourced HR services offer flexible, cost-effective support tailored to the size and needs of your business.

As an HR consultant working with South African SMMEs, I offer practical, affordable HR solutions to help you get the basics right — and grow from there.

Foundational HR isn’t a “nice-to-have” — it’s a must-have for protecting your business, building your team, and enabling long-term success.

Need help getting started?

If you’re unsure where to start, consider a simple HR audit or health check. With the right support, you can get your people processes in order — efficiently and cost-effectively.

Ready to put your HR foundation in place? Please reach out and let’s chat about how I can help your business stay compliant and grow with confidence.

Yours in HR,

Helen

Workplace Culture & Wellness: How Effective Communication Builds Thriving Small Businesses

helenw — Mon, 10 Mar 2025 10:34:08 +0000

Workplace Culture & Wellness: How Effective Communication Builds Thriving Small Businesses

In a small business with fewer than 50 employees, every interaction matters. Small teams rely on strong relationships and clear communication to function efficiently. Many SMEs struggle with workplace culture and employee wellness due to poor communication. Communication is key to every aspect of your business because it takes place at every level of the business – employees, clients, suppliers and external support services for example digital marketing, printing, HR & Labour consultants.

How does poor communication impact your team?

• Poor communication may result in miscommunication. The intended message is not received in the manner intended. Its best to use simple language that everyone understands so that everyone is on the same page.
• Poor communication can also lead to misunderstandings that result in conflict, decreased morale, and high turnover, all of which impact productivity and profitability.
• Employees may not fully understand their roles, leading to frustration and underperformance.
• Without structured feedback, employees may feel lost or undervalued.

On the other hand, a positive workplace culture isn’t just about displaying a mission statement on a wall—it’s about how employees feel, interact, and collaborate daily. Your employees are the interface between your business and your clients, so it is crucial to ensure that effective communication is taking place across all levels.

What is a positive workplace culture and how can this promote Communication, Culture, and Employee Wellness?

A workplace with open, honest, and respectful communication fosters:

• Trust & Transparency: Employees feel valued when they are kept informed and heard. Demonstrate a genuine interest in employees’ ideas and concerns to foster trust and encourage open dialogue.
• Collaboration & Teamwork: Smooth communication leads to fewer conflicts and better problem-solving. As a small business you don’t have time or resources to waste if communication fails resulting in conflict. It is inevitable that conflict may arise in the workplace however, this need not become so acceptable that it becomes the norm and disrupts workflow and relationships that impacts negatively on profits and productivity.
• Reduced Stress & Burnout: Employees who understand their roles and expectations experience less anxiety. Encourage line managers to ensure a proper onboarding process and to be available to staff who are settling in and getting to grips with their jobs during probation. If a solid foundation is provided here, there is a less likely chance of a new employee leaving during probation which will cost time and money to replace.
• Higher Retention Rates: A workplace that prioritizes communication creates a positive experience that employees want to stay in.

Tips to Improve Workplace Communication

1. Establish Clear Communication Channels

• Team Meetings: Weekly check-ins help align goals and address concerns. These may appear to be a time waster however setting a brief agenda and limit the time for the meeting are ways to overcome this.
• Instant Messaging & Collaboration Tools: Platforms like Zoom, Teams or WhatsApp Business streamline communication. These platforms allow staff and clients to communicate and respond to work demands and clients’ needs speedily. There is no need to wait for a formal in person meeting that takes time to schedule.
• Project Management Software: Tools like Trello or Asana improve task tracking and transparency.
• Employee Handbook or Policies & Procedure Guidelines: A clear document outlining policies and expectations reduces confusion. These documents “speak” when you may not be available.
• Provide wellness resources and support: You could provide a space at lunchtime for staff to participate in fitness, yoga or meditation classes to reduce stress. Videos could be displayed on a screen for everyone to follow. Or staff can create a walking group. Staff could also be encouraged to step away from the workstations to watch a video on nutrition or other topic of general interest during break.
• Show empathy, compassion and understanding: This is particularly important when staff experience loss of family, or a family member may be seriously injured due to an accident. Hardship is part of everyday life, and this affects everyone at some time or other and it may happen unexpectantly. If the company can assist in other ways that is helpful, but very often staff just need a listening ear to move on.

2. Encourage Open and Honest Conversations

Employees should feel comfortable sharing concerns and ideas without fear of judgment. This can be achieved by:

• Creating a Feedback Culture: Regular one-on-one meetings provide employees with opportunities to voice concerns and receive guidance.
• Active Listening: Managers should practice listening attentively and responding constructively. This involves paying full attention to what others are saying, understanding their perspectives and responding thoughtfully.
• Anonymous Suggestion Boxes or Employee Surveys: Some employees may prefer sharing feedback privately. If you use SharePoint or similar technology, you could create a folder for staff to complete surveys or feedback when suitable to them.

3. Address Cultural & Language Barriers

With 11 official languages and diverse cultural backgrounds in South Africa, SMEs should be mindful of inclusivity in communication:

• Use Simple and Clear Language: Avoid jargon that could lead to misunderstandings.
• Encourage Multilingual Communication: If possible, offer key documents or meetings in multiple languages.
• Cultural Awareness Training: Equip employees with knowledge on different communication styles.

4. Recognize and Appreciate Employees

A simple “thank you” or acknowledgment goes a long way in boosting morale. Also consider:

• Public Recognition: Celebrate achievements in team meetings, social media platforms or newsletters. Display Employee of the Month in Reception area for clients to see.
• Incentives & Rewards: All tokens of appreciation make employees feel valued for example – Lunch vouchers, Employee of the Month recognition, Cell Phone contract for excellent performance & achievement that they keep on expiry of the contract; and Movie, Meal or Theme park tickets for the family.
• Flexible Work Arrangements: Allowing occasional remote work or adjusted hours can enhance work-life balance.

In conclusion, effective communication isn’t just a “nice-to-have”—it’s a business necessity. A strong workplace culture, built on open communication, not only improves employee wellness but also drives productivity and long-term success.

By actively fostering a culture of transparency, inclusivity, and appreciation, small business owners can create work environments where employees feel valued, engaged, and motivated to contribute their best.
If you need assistance with implementing a communication strategy in your business, please reach out and let’s connect!

Yours in HR,

Helen

Do you know which staff benefits are mandatory in terms of law?

helenw — Mon, 03 Feb 2025 12:17:29 +0000

Do you know which staff benefits are mandatory in terms of law?

The Basic Conditions of Employment Act (BCEA) stipulates the minimum requirements that every business should provide to their employees. Hereunder are the details you need to be compliant.

1. Annual Leave

Fulltime employees – At least 21 consecutive days, including weekends excluding Public Holidays. This is 15 working days for employees who work Monday to Friday. This is 18 working days for employees who work Monday to Saturdays.

Part time employees – One day for every 17 days worked OR 1 hour for every 17 hours worked.

The monthly accrual of annual leave for an employee who is entitled to 15 working days is 1.25 days.

The monthly accrual of annual leave for an employee who is entitled to 18 working days is 1.5 days.

TIP - Payment of annual leave owing is only made on termination of employment. It is illegal to offer payment in place of granting annual leave.
TIP - Employers may only grant leave up to 6 months after the end of the annul leave cycle.
NB – Any unused annual leave is carried over to the following year.

2. Sick Leave

Employees are entitled to the number of days they would regularly work in 6 weeks, every 3 years. For example, a 5 day worker is entitled to 30 days sick leave every 3 years. A 6 day worker is entitled to 36 days sick leave every 3 years.

NB - However, during the first 6 months of employment, employees are entitled to 1 day paid sick leave for every 26 days worked.

When do the annual or sick leave cycles commence?

On the employee’s start date /or commencement of employment with the organisation in accordance with their contract of employment.
Please bear in mind, that each employee’s annual leave and sick leave cycles will vary in accordance with their length of service for annual leave and the number of 3 year cycles they have completed for sick leave.
If you use a HR Information System and a module for Leave is included, the system will automatically calculate the monthly annual leave and sick leave accruals & other leave entitlements for you and will carry over the correct balance to the new month after the system is rolled over after each pay period is closed.

NB – Any unused sick leave remains available to the employee during the 3 -year sick leave cycle. At the end of the sick leave cycle any unused sick leave is forfeited and does not carry over the new cycle.

3. Maternity Leave

Pregnant employees are entitled to at least 4 consecutive months of maternity leave. Maternity leave usually begins 4 weeks before the expected birth date, but employees may begin their leave earlier. This may be under the advice of their Doctor / Health Practitioner and in which case the employee should provide a letter to the employer from the Doctor that states the date that maternity leave should commence and possibly include the reasons for the high risk pregnancy.

Employers are not obliged to pay the employee during this time however, the employee’s employment is secured during the maternity leave period. UIF (Unemployment Insurance Fund) will cover 60% of the employee’s salary for up to 121 days.
The Employer should provide the employee with a UI-19 form just before the commencement of the maternity period, so that the employee can register for maternity benefits with the UIF office.

NB – Please bear in mind that if the employee has made a claim for maternity benefits from the UIF office within the immediate 4 years prior, UIF will only pay a prorate portion of the benefit based on the amounts paid during the previous claim.

4. Paternity Leave

This benefit is 10 days unpaid. Employees may claim 66% of their regular earnings from the UIF subject to the maximum income threshold.

In the case of adoption, the child must be younger than 2 years old.

5. Family Responsibility Leave

Certain South African employees are eligible** to receive paid leave under the following circumstances:

Birth of a child.
To care for a child that has fallen ill.
Or upon the death of an immediate family member defined as follows – spouse, life partner, parent or adoptive parent, child, adopted child, grandchild, grandparent or sibling.

**Only an employee who has worked for longer than four months for the same employer, and who is employed on more than four days per week with the same employer, qualifies for family responsibility leave.

What is the entitlement?

Employees that qualify for Family Responsibility Leave are entitled to 3 days additional paid leave per annum.

NB – Any unused benefit is not carried over to the next year. It is forfeited.

6. Overtime Pay

Employers are required to pay their employees overtime pay. Only employees that fall under the Earnings threshold are entitled to overtime pay. The Earnings threshold is determined by the Minister of Labour over regular periods and the amendments usually take effect on 1st April.

Overtime is capped at 3 hours per day and 10 hours per week.
Employees can agree to work up to 15 hours overtime, but only for up to 2 months of a year.
Overtime is paid at 1.5 times the standard hourly rate.
Employees who regularly work on Sundays must be paid 1.5 times their regular wage. However, employees who do not usually work on Sundays must be paid double their regular wage.
An employee may agree to accept paid time off in exchange for working overtime.

7. Unemployment Insurance Fund

Both the employer and employee contribute 1% each to the Fund monthly. This fund is setup to offer temporary financial support in cases of unemployment, adoption, parental leave, or illness. Dependents of deceased contributors may also claim from the Fund.

8. Compensation for Occupational Injuries & Diseases (COIDA)

COIDA is a program that compensates workers injured or infected with diseases during their employment. The program also covers dependents of workers who die on the job as a result of work related accidents or contraction of occupational diseases.

Employers submit a Return of Earnings report for COIDA purposes to the Compensation Commissioner by 30 June each year.
The Compensation Commissioner assesses the information included in the Return of Earnings and forwards an invoice to the Employer to pay the annual amount due for COIDA. Payment of this invoice is payable within 30 days of the date of the invoice.
Without this ‘insurance’, employers are held liable for the costs of an injured employee’s medical treatment and are also open to civil claims in respect of medical costs and compensation for loss of earnings, permanent disablement, death and even pension payments.

9. Skills Development Levy

This is a tax levied against businesses to develop and improve workplace skills. Employers contribute 1% of the total amount paid in salaries to employees each month. Employees do not pay towards the Skills Development Levy.

The employer pays the 1% levy over to SARS monthly along with PAYE and UIF contributions using the EMP201 form and process.
SARS distributes the Skills Levies received to the National Skills Fund and the relevant SETA (Sector Education Training Authority) that the employer belongs to.
The employer will have access to a mandatory grant paid by the SETA from Skills levies funds paid over by the employer during the prior year, provided they submit a Workplace Skills Plan and an Annual Training Report to the SETA each year by no later than 30 April that meet with SETA requirements.

A final word on benefits that are not required by law-

These benefits typically include the following –

Retirement Funds (Pension and Provident Funds)
Private medical aid cover
Death in service, Funeral cover, Disability or Income Protection
Annual Bonus/ 13th cheque/ and Performance Bonus
Annual Increases

If these benefits are made available to employees, the rules and regulations of these benefits are driven by internal company policy and not by external legislation. Each organisation may have different rules and regulations that govern the benefit offering and membership access.

In the case of annual increases and the payment of bonuses, reference is typically made to business financial performance the year prior.

Larger organisations are in a better position to provide additional benefits to their employees. However small businesses struggle to compete to provide the same benefits. Smaller business could provide a transport allowance or some other subsidy to staff that will help them to pay for any additional benefits in their private capacity.

Thank you for taking the time to read this blog post. I trust it has been of value to you as a business owner. If you have any comments please feel free to forward these to helen@pplsolutions.co.za or give me a call on 082 716 7597 if you would like to discuss employee benefits further.

Yours in HR,

Helen