19 Sep 2013

Directors and human resource managers have been advised to keep up to date records of their employees’ information as required by the Employment Act.

This was said by head of labour inspection, Mr Tshenolo Ratshosa at a workshop organised by the Department of Labour and Social Security. When presenting a paper on Basic Employment Rights Mr Ratshosa said it is required by law for every employer to keep records of employees as per Section 92, read with Regulation 15, of the Employment Act.

“The Act provides for keeping of records such as employees’ full names and address, age, gender, next of kin and address, nature of employment, notice period and pay interval among others,” he said. He added that the records are to be availed to the Commissioner of Labour for inspection upon demand. He said by failing to do so, the employer would be contravening Section 92 of the Employment Act and would be liable to a fine of P1, 000 or prison term not exceeding six months or to both pursuant to Section 151 (b).

Mr Ratshosa explained that a notice period is a formal statement that one is going to end a contract of employment. He said the notice period is equal to the wage period and could be given by either party.

“However the employer should give valid reasons for termination. Notice should be in writing unless the other party is illiterate; it could be waived by agreement between the two parties or could be paid equivalent to the wage period in lieu of notice,” he said. Touching on overtime, Mr Ratshosa described this as time which is worked in excess of normal working hours. He said overtime should be paid at a rate of 1.5 during normal working days and at a double rate during rest days and paid public holidays.

He explained that the law requires that reasonable notice should be given to employees required to work overtime unless such overtime is an emergency. “Overtime should be paid and not compensated with days off unless the employee so opts,” he said. Mr Ratshosa also warned employers that it is an offence to employ any foreigner who does not possess a valid work permit.

He explained that when caught working without a work permit, the employer would be liable to a fine of P5, 000 and the employee would be liable to a fine of P4, 000. He also cautioned the employer that it is an offence to employ foreign part time lecturers who are working on full time basis elsewhere because they are only allowed to work where their permit stipulates that they have been employed. ENDS