The labour relations environment differs from sector to sector.
Employees in mining would have very different terms and conditions of employment to those in the retail industry.
Likewise, some areas differ from others. It is important for each and every employee to fully understand and get a grasp of the terms and conditions of employment in their sector.
On many occasions, I have encountered complaints from employees who feel they have been treated badly and want me to investigate.
My first port of call would be to check the Basic Conditions of Employment Act and then see whether they fall under a bargaining council and or a sectoral determination. There also might be ministerial determinations for employees in specific positions.
An article of this nature obviously can’t outline all the terms and conditions with regard to the various sectors, but it is important for both employers and employees to understand that they are governed by a myriad of laws and regulations.
To breach these laws and regulations could lead to all sorts of issues including litigation, fines and even in very dire circumstances the closure of the business.
From time to time, independent news has a closer look at some sectors such as they have done for the restaurant industry in the past.
This industry is on a growth curve as South African tourism grows.
It’s an important industry and often attracts young, inexperienced and hard-working applicants.
Unfortunately, this industry can be abusive and many employers have been known to avoid and or even ignore the terms and conditions attached to the employment of waiters. We’ve had examples where waiting staff are told to purchase their own uniforms and tools of trade and are not given any wage but told to rely merely on tips. Both these factors are absolutely taboo and are not only illegal but certainly immoral.
In some instances, a restaurant has been known to pass on its bank fees relating to card payments to waiters.
In making the waiters bear the cost of these fees, they are doing something completely illegal. Others have had certain deductions made from the tips for the cleaning of uniforms and or breakages of plates or lost cutlery.
In this industry the staff are covered by sectoral determination 14 for the hospitality industry.
Like all other employment it is absolutely vital for each employee to receive a payslip (this is contained in the Basic Conditions of Employment Act) and for that individual to peruse the payslip carefully to have a look at the payments and the deductions.
If the staff belong to a trade union, it would be important for that trade union to train the shop stewards on what to investigate and how to react when an illegal practice arises.
This is one industry where abuse is common as it is an industry which is typical of employees first entering the job market and many employees have reported that they do not wish to “rock the boat”. Many employees are so desperate that they will take any sort of abuse merely to keep the job.
* To be continued next week.
** Michael Bagraim is a labour lawyer.
*** The views expressed here are not necessarily those of Independent Media