In situations such as these, for example where employees take out company loans to pay off other debt, consideration should be given as to whether you are truly assisting the employee or prolonging financial stress. a statement of employment particulars must be given to all workers, not just employees as currently, and on day one of employment rather than within two months. This is just the tip of the iceberg as there are a dozen of other common issues. There are many reasons for employee theft, including the simple urge to get something without paying for it, bitterness at low pay, vengeance for mistreatment by a company, addictive behavior and stealing to resell for cash. Not only is an employer legally obligated to register with the Compensation Fund, but employers who are registered are automatically protected from being sued in their private capacity by employees who suffer injuries at work. ​Scroll through these slides to access the personalised features of your Dashboard. Steve founded Employment Law Compliance twenty years ago to support community banks. freedom of movement will continue to apply until 31 December 2020; the rights of EU citizens to live and work in the UK beyond 31 December 2020 will be protected provided they are UK-resident by that date. Only psychometric tests that have been certified by the Health Professions Council can be used in assessment tests. Please ask us for our action plan and how we can help you. A number of employment law changes will apply from April 2020 including: The government's consultation document "Health is everyone's business: proposals to reduce ill health-related job loss" contains a package of measures aimed at helping to keep more people with long-term health conditions in work. We specifically learn about: - The workplace - Employment Relations - Taxation and Superannuation Any worker guilty of wilful misconduct, unless they are seriously disabled or killed; Anyone employed outside the RSA for 12 or more continuous months; and. Employees are then also protected from loss of income should they get injured on the job or be left incapable of continuing to perform the job due to disability or disfigurement. Do you currently collect data on employees' ethnicity? If an employee is charged at a reduced interest rate, they must be taxed on the benefit of the difference between the official interest rate, and the interest rate charged by the company. If any significant changes are made by a new government following the election, we will of course keep you posted. Discrimination and Harassment at Your Job. These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. Reciprocal protections for UK citizens living and working in the EU will apply; and. “For example, a dismissal based on the employer having followed an unfair disciplinary procedure. Failure to comply can result in a hefty fine! (9 Posts) Add message | Report. of employees to 2 per cent. Share Tweet Email Print. Sign up to receive the latest legal developments, insights and news from Ashurst. However, despite a loan being a noble gesture from the company, failing to keep proper record of loans may have a dire impact on the company, its cash flow, and its financial capabilities. These limitations will have to be made clear to the individual signing the confidentiality clause. This leaves the employer with a number of issues, including operational problems due to improper hand-over and the challenge of finding a suitable candidate to fill the vacancy as soon as possible, which may result in the company suffering financial and other damages. Occasional or Casual Loan – an occasional loan up to a maximum of R3 000 per annum, at low or no interest, A loan for the purpose of enabling the employee to further his own studies, If a financial institution such as a bank provides loans to its employees at the same rate as to the customers of the institution on the same conditions and under the same circumstances, A loan provided to a director of a company or to a member of a close corporation, where the loan is for the directors share holding. Students learn about the commercial and legal aspects of employment issues by focusing on their options, rights and responsibilities in the work environment. Workers who are totally or partially disabled for less than 3 days; Anyone receiving military training (this includes but is not limited to members of: the South African National Defence Force or the South African Police Service). All employers are bound by law to register with the Compensation Fund. Unemployment in India, statistics has traditionally had been collected, compiled and disseminated once every five years by the Ministry of Labour and Employment (MLE), primarily from sample studies conducted by the National Sample Survey Office. Workmen’s Compensation refers to a fund established by the South African Government to compensate employees for injuries or disease suffered on the job/as a direct result of the work being done. All companies have to deal with their fair share of employee relations issues. EMPLOYMENT ISSUES. Following a consultation exercise, we should discover next year whether the government proposes to make ethnicity pay gap reporting mandatory and, if so, what the timetable for this would be. Disputes between employees or a direct disagreement between an employee and business owner are situations that can occur frequently. Where the employer needs the employee to take the test for COVID-19 related health and safety reasons where those concerns cannot be reasonably addressed through other methods such as social distancing, for example where a person works in a care home, then the employer’s request is likely to be considered reasonable. after 31 December 2020, a new immigration system will be required, expected to be a points-based system based on the Australian model. Material personally selected by your relationship manager for your interest. If it is introduced, there are a number of issues to resolve. Will your systems such as payroll be able to implement the proposed changes? Knowing whether or not you are going to refute the charges that have been brought against you beforehand, and writing a brief statement, will help you present your case clearly once you get into the high-pressure meeting scenario. Danshaw Consulting assists employers in adapting to changing legislation while maintaining the core business effectiveness. The pressure to meet sometimes seemingly insurmountable financial obligations is universally understood, and felt. Start new thread in this topic | Watch this thread | Flip this thread | Refresh the display Add a message; This is page 1 of 1 (This thread has 9 messages.) For example the employee is only entitled to apply for a staff loan should they have a good track record at work; for example a good attendance record (no absent days), clean disciplinary record, and good work performance. Please contact us if you would like further information on any of the issues raised above. Success will depend on the employer’s ability to prove that they have suffered damages due to the employee not providing sufficient notice and such damages need to be quantified by the employer. The main purpose of the bill is to amend the EEA to further promote equity and equality in the workplace, to tighten up sanctions and enforcement of the Employment Equity Act by increasing fines, and to align the EEA with other existing labour legislation. Have you considered the ramifications of relocating any of your UK business operations to the EU? This means agency workers who have completed a 12-week qualifying period must be paid the same as directly-engaged employees; termination payments above the tax-free £30,000 threshold will be subject to employer's national insurance contributions; the threshold required to establish information and consultation arrangements will be lowered from 10 per cent. Our global industry teams work together to share knowledge and experience so that we can provide our clients with insightful, innovative commercial advice. There are one or two exceptions but the vast majority of registered employers pay an annual assessment fee in order to remain registered with the Compensation Fund. Have previous loans been repaid by the employee? This is evident in the insightful material we produce and news coverage we receive. Employment of persons who are foreign nationals or who have become citizens after April 1994 cannot assist employers to meet their affirmative action targets. Employees would, for example, not be allowed to resign and then take outstanding leave during their notice period. These examples of employee relations issues will help you determine the scenarios you should be documenting, investigating, and reporting … The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Basically, in layman’s terms, constructive dismissal takes place when an employer orchestrates or by any direct or indirect means forces the resignation of an employee. Notice must be given in writing by the party terminating the employment relationship. We are the nation's most … Ensure your company’s employment contracts clearly stipulate the agreement surrounding termination of employment or contact Danshaw to assist you in drafting lawful and sound contracts. Etowah County Schools » Current Employees » Workplace Issues Workplace Issues 3200 West Meighan Blvd., Gadsden, AL 35904 | Phone 256.549.7560 | Fax 256.549.7582 Additionally, under a revised UK Corporate Governance Code applicable to premium listed companies for accounting periods beginning on or after 1 January 2019, companies must adopt one of three methods for engaging with the workforce, namely a director appointed from the workforce, a formal workforce advisory panel or a designated non-executive director. If you have forgotten your password, you can request a new one here. The current U.S. unemployment rate is 6.7% for November 2020, the Bureau of Labor Statistics (BLS) said in its monthly report on Friday. Current Employment Statistics - CES (National) The Current Employment Statistics (CES) program produces detailed industry estimates of nonfarm employment, hours, and earnings of workers on payrolls. Annual leave cannot coincide with the notice period of an employee, nor may notice be given during leave. The time between registering the intent to terminate the relationship, and the date upon which the contract is terminated, is known as the notice period. A meeting with you in regards to your capability or performance means you have failed to complete your job satisfactorily. If you use NDAs, are you reviewing their terms? Is your employer attempting to use your illness as grounds for a wrongful termination? Forcing the employee to resign may then seem the fiscally prudent way to get rid of the employee. That sort of thing might justify a dispute of constructive dismissal.” – The South African Labour Guide. The most frequently asked question is usually, how much notice should be given? Others are a result of the type of work or industry. Have you audited your workforce to identify EU nationals working in the UK and UK nationals working elsewhere in the EU? UK incorporated companies with more than 250 employees must report from 2020 on how they have engaged with their UK employees and taken account of their interests. Amendment of the definition of ‘designated groups’. Recommended for you. A number of employment law changes will apply from April 2020 including: a statement of employment particulars must be given to all workers, not just employees as currently, and on day one of employment rather than within two months. Or, there may be ways to change your job duties so you can keep working. For more information on how we use cookies, or how to change your browser settings, please see our Cookie Policy. The previous EEA states that employees can only refer a dispute to the CCMA if the matter was not resolved during conciliation – a very expensive exercise. Section 6 of the current Employment Equity Act already prohibits unfair discrimination and harassment. Three different methodologies are allowed for calculating the pay of employees at those percentiles, although one method is preferred. After investigating the effectiveness of the current Employment Equity Act (EEA), in terms of reaching the goal of achieving equality in the workplace, Government tightened the reigns in order to fast track the process of ensuring equal opportunity and equitable representation in the workplace. Latham & Watkins | Employment Issues in the United Arab Emirates 1 The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). You may unsubscribe at any time. The distinction between employers with 150 employees and less is deleted and substituted with a new clause requiring all designated employers to submit its first report within 12 months of becoming a designated employer. Herewith follows a series of questions you should ask yourself in preparation for your disciplinary hearing: If your employer has not followed the standard disciplinary procedures you are under no obligation to oblige him/her by attending a disciplinary hearing – inform your employer of the discrepancy and your intention to boycott the meeting as a result. 50 Employee Relations Examples You Should Be Documenting. Let us know more employee relations issues we should add! Fines have been substantially increased and contravention of various sections of the Employment Equity Act will attract fines of between 2 -10% of turnover. Therefore, it is crucial for the employee to attend work during the notice period. Labour inspectors can now immediately issue a compliance order if the employer failed or refused to consult, conduct an analysis, publish a summary of its report, assign responsibility to a senior manager, inform its employees of the EEA, maintain records and prepare and implement an EE Plan. This however leaves it in the hands of the former employee and their legal counsel to prove that the employer orchestrated the intolerable condition at work. Workerbeee Tue 17-Nov-20 20:34:08. To avoid employees falling deeper into a debt trap, here are some recommendations for effectively managing staff loans. although not yet confirmed, new legislation conferring a right to parental bereavement leave is expected to be introduced from 6 April 2020. Our people are experts of law; progressive thinkers, in tune with economic, political and market conditions, driven to help to provide the clear commercial advice you need to achieve business success. introducing a right to request workplace modifications on health grounds; strengthening statutory guidance to encourage early supportive action during sickness absence; reforming statutory sick pay to allow an employee returning from a period of sickness absence to have a flexible, phased return to work and to receive part-wages and part statutory sick pay; and. Human Resources | Guide. The PDF server is offline. Be sure to follow these guidelines to avoid potentially significant liability. To further prove that the only way to resolve the intolerable condition was by tendering their resignation. We are recognised as a foremost authority in law and go-to organisation for legal expertise. Employee relations issues are part of work in human resources. If the employer does not comply then the Director General may amend the order or apply to the Labour Court to make the compliance order an order of the court. By continuing to use our website, we understand that you are happy for us to do this. 8 of 1980 (the Labour Law). Should the employee resign, or be dismissed, will the outstanding amount be recoverable? It will then be up to the employer to prove that no discrimination took place or if discrimination did take place that it was not on one of the prohibited grounds considered as automatically unfair discrimination. Do you have documentation stating your projected date of return? Some are also more common than others. NCSL’s resources on labor and employment issues are arranged around six topic clusters: collective bargaining, discrimination, employee leave, personnel issues, unemployment, and wage and hour. This resulting in the resignation of the employee, could be a constructive dismissal. Thereafter all designated employers must submit a report to Department of Labour once every year, instead of once every alternate year. In other words, the employee would have continued the employment relationship indefinitely. The information may not reflect the most current legal developments, may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. Make sure that the contract stipulates: that money is being borrowed, what the instalment amount is, over what period the loan will be paid, percentage interest payable on the loan and what will be used as guarantee for the loan should the employee default on the repayment. With special permission from your employer you may be allowed to bring in a family member or lawyer. This can also arise when working from home (see Make yourself at home article above). If the Conservative party wins a Commons majority at the upcoming election and is able to implement the withdrawal agreement it has agreed with the EU, the position will be as follows: If the Conservatives fail to achieve a Commons majority, there is the possibility of a referendum on a re-negotiated withdrawal agreement or possibly no Brexit at all. At Ashurst, we believe innovation means only one thing: continuous and disruptive improvement in all that we do - for the benefit of our clients, our employees and our wider corporate social responsibility. This is a common problem for both the employee and the company. For new joiners, the limits of any confidentiality clause in the employment contract must be included in the written statement of particulars required to be given to new employees. Both employers and employees are obligated to give notice in the event that either party would like to terminate the employment relationship or contract. If your disciplinary hearing has been called following an extended absence: Your employer does not have the power to refuse you your right to bring along a trade union rep or colleague. Prepare early for not working for a period of time. Also, consider future possibilities for work—with the same employer or with a new employer. The rate is close to double the 3.5% rate in February, before the COVID-19 pandemic. Cancer and treatment can make it difficult to work. The idea is that it is the employer’s prerogative to help a dedicated, loyal employee out during a rough patch, by offering a loan that the employee will then pay back to the company; often by having an automatic deduction from their paycheck for x-amount of months going forward. HOW TO DETERMINE CONSTRUCTIVE DISMISSAL? Thus, the employer cannot force the employee to take outstanding leave during his/her period of notice in an attempt to avoid paying statutory money. We bring together lawyers of the highest calibre; progressive thinkers driven by the desire to help our clients achieve business success. For example, there is no current legal obligation on employers to collect ethnicity information nor on individuals to supply it. Employees working remotely may experience social isolation, loneliness and depression if they do not feel integrated within a team. Only organisations classified as "small" can avoid these new rules. Under the new legislation, that advice must specifically cover the nature and limitations of any confidentiality clauses. Employers with a mobile workforce or who rely on EU migrant workers will be concerned about the impact of Brexit (assuming it goes ahead). Employment issues » Current employer wants my 10 year old CV?! Select a topic. In lending a helping hand, many employers choose to give loans to employees to assist them in keeping their heads above water. Other issues of current debate include: The need for changes to enable low earners to benefit from tax relief regardless of how their scheme administers tax relief. GPS COORDINATES: -34.088440° / 18.823780°, Both employers and employees are obligated to give notice in the event that either party would like to terminate the employment, Reaching the retirement age of the company or industry, The duration of the employment relationship, One week notice should be given if the employee has been employed for less than six months, Two weeks’ notice should be given if the employee has been employed for longer than six months, but less than 12 months, Four weeks’ notice should be given if the employee has been employed for longer than 12 months, One week notice should be given if the employee has been employed for six months or less, Four weeks’ notice should be given if the employee has been employed for longer than six months. Another good policy to implement is that staff loans should be coupled with some kind of incentive strategy. You’ll also want to make sure that you sign lawful and sound contracts with your staff should you ever offer a member of staff a staff loan. Employers must therefore ensure that they do things right from the word go to avoid unnecessary costs and time wasted fighting disputes at the CCMA: The sanctions in the bill have been simplified in the sense that it is now easier for the Director General to impose sanctions on the employer for not following the EEA. It is within your rights as administrator of the loan to inquire as to how the loan amount shall be spent. New regulations require quoted companies with more than 250 UK employees to report on the ratio of CEO pay to that of UK employees whose pay and benefits put them at the 25th, 50th and 75th percentiles of all the company's UK employees for the relevant financial year. Have you already taken steps to monitor and reduce any ethnicity pay gap? Section 21 deals with reporting progress toward achieving the goals of equity and equality in the workplace. Allow us to educate you on your rights in the event of constructive dismissal! Color. Make sure that the necessary paperwork is in place. Labor and employment issues are covered by a combination of state and federal laws and are important to workers, businesses, labor organizations and governments. With a network spanning Asia, Australia, Europe, the Middle East and North America, we offer global reach and insight combined with the knowledge and understanding of local markets. Having a deep understanding of our clients' industries and the challenges that they face is key to delivering excellent legal advice. This comes after the pace of the U.S. labor market recovery slowed in October with unemployment at 6.9%. Have you offered affected employees support and information? The South African Revenue Service prescribes that any staff loan amount exceeding R3000.00 should be charged at the official interest rate, and/or if not charged at the official interest rate, the employee should be taxed on the fringe benefit of the staff loan. The consultation closed in October 2019 and we should hear next year whether the government will proceed with the main proposals which include: The government is proposing legislation to make it easier for victims of sexual discrimination or harassment to speak up. The current requirement of a minimum of 15 employees making the request will remain; and. Termination of employment The Basic Conditions of Employment Act does not provide employers with any relief in such cases. This amendment will assist lower income employees in having their disputes resolved in a cost effective manner and therefore it will be easier for these employees to claim unfair discrimination. × Current employer wants my 10 year old CV?! Whether this means the employer threatened the employee, or simply took steps to ensure that working at the company became unbearable for the employee; an employer is not allowed to in anyway force or coerce an employee to resign. Employees who lose a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy, will be entitled to two weeks' unpaid leave. Employment is a relationship between two parties, usually based on contract where work is paid for, where one party, which may be a corporation, for profit, not-for-profit organization, co-operative or other entity is the employer and the other is the employee. By signing up, you agree to receive commercial messages from us. Many employees would rather opt for the company loan, with its no or minimal interest, as opposed to borrowing money from a bank. Access all of the content that you have previously selected to bookmark. That being said, you only have the right to bring along your union rep or a co-worker, nobody else. According to the Basic Conditions of Employment Act (BCEA), notice should be given to the other party as follows: As per Sectoral Determination 7 of the BCEA for Domestic workers and Sectoral Determination 13 for Farm workers, notice will be as follows: Apart from the notice periods as prescribed by the BCEA and its Sectoral Determinations, different Bargaining Councils may also prescribe notice periods through their own respective Main Agreements which may vary from other industries. Imerman Angels. Can the amount of the staff loan be covered by the value of leave owing, a company pension fund, or by the salary/wages that the employee has accrued up to the date the loan is taken/requested? Here’s what you as employee may need to know if you’ve been called in front of disciplinary committee. If so, are you aware of the concessions your employer is legally obligated to make for you? Is your HR team ready for the changes coming into effect in April 2020? Section 11 of the previous EEA, dealing with the burden of proof, is substituted with a new clause stating that, during a dispute, the employee only has to make out a prima facie case of unfair discrimination. Our personal approach, technical expertise, local knowledge and global network enable us to deliver an experience that other professional service providers find hard to match. One legal issue common with nearly any employment contract is ensuring that it is enforceable in the courts. The first set of data must be published in 2020 annual reports looking back at financial years beginning in 2019. The U.S. Department of Labor has resources to help workers and employers prepare for the COVID-19 virus (also known as Coronavirus). The Compensation for Occupational Injuries and Diseases Act applies to: Excluded from coverage by The Compensation for Occupational Injuries and Diseases Act are: Another question we frequently get here at Danshaw is: “my boss forced me out of the company”, or “I was unfairly dismissed” – “what are my options?”. Have you considered the most appropriate way of engaging with your workforce in order to comply with the Code? Thought will need to be given to the accompanying narrative wording. A departing employee asked to sign a settlement agreement must already obtain independent legal advice. Employment Issues. This right will apply from day one of employment. Furthermore, it is advisable to familiarize oneself with the Employment Equity Act, as well as the latest amendments thereto. More information is available in our briefing here. The burden of proof will be on the employer to show that where there is a differentiation in employees’ remuneration and/or terms of conditions it is in fact based on fair reasons and objective criteria. Also known as 24-hour notice, when employees resign without providing any notice to the employer, or do not work the full term of notice, resignation with immediate effect rarely occurs and can be regarded as a breach of contract. By Allen Smith, J.D. Subscribe to Our Newsletter. You can always schedule a Disciplinary Hearing. All employers (they are obligated to register and pay their dues); All casual and/or full-time employees who, as a direct result of an occupational hazard or work-related disease: Are left injured, disabled, disfigured, killed; or. Employee theft costs American companies over $40 billion a year, according to Thompson Security Systems. It also describes the employment law that applies in the Dubai International Finance Centre (the DIFC) in Dubai. This note focuses on the UAE Federal Law No. As the New Year approaches, below are the top employment issues which should be on your agenda for 2020. Are there any other company loans that the employee has already received? No date has yet been set for when the legislation will take effect but it could be next year. The Government said in Budget 2020 that it would issue a call for evidence on this, but did not refer to this in a recent update (para 2.28). Further, keeping in mind the current situation and welfare of the employees, Ministry of Home Affairs ("MHA") vide its order dated March 29, 2020 mandated every employer to pay full salaries to its employees and any pay cut would amount to an offence under the Disaster Management Act, 2005. The health Professions Council can be used in assessment tests Professions Council be. One of employment Act does not provide employers with any relief in such cases void the contract continued... 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Can help you the … employment issues which should be given to the continued health your. Three different methodologies are allowed for calculating the pay of employees at those percentiles, although method! Pay of employees at those percentiles, although one method is preferred written agreement between the parties, employers left. Recommendations for effectively managing staff loans should be coupled with some kind of incentive strategy something... Your employer attempting to use our website, we understand that you happy... Expert advice regardless of company size or industry password, you agree to receive the latest legal developments insights... Contract and not starting implies that an current employment issues signed a contract fund allows employees. Uk and UK nationals working elsewhere in the EU will apply ; and slowed in with... For not working for a wrongful termination the Basic Conditions of current employment issues business success use,. Greene specializes in employment litigation, employee benefit issues and compensation matters community... Insurmountable financial obligations is universally understood, and felt therefore, it could void the contract to. Virtual library of regularly posted insights and news coverage we receive to identify EU working! Professionals in the courts as a foremost authority in law and go-to organisation for legal expertise right to bring a... Is no current legal obligation on employers to collect ethnicity information nor on individuals to it! Food and hospitality industries trap, here are some recommendations for effectively managing staff loans one. To share knowledge and experience so that we can help you the courts contract but failed complete... We understand that you are happy for us to educate you on your rights to request to this... Ceo pay ratio in 2020 employee to resign and then take outstanding leave during their notice period options... Rate is close to double the 3.5 % rate in February, before the COVID-19.. Here ’ s what you as employee may need to know if have. Small '' can avoid these new rules with reporting progress toward achieving the goals of Equity and in... Made by a new immigration system will be required, expected to be a points-based based. Employment Equity Act already prohibits unfair discrimination and harassment is evident in the EU will apply ;.... Notices in new York… that said, you ’ re unsure that occur...