If you want to know about the legal complexities and practical issues that can and should be addressed by the employment contract, and how to do it, find out here. An employment contract can circumvent many typical employment-issues and save the employer money and headaches going forward. We share solutions and tips based on many years of experience in employment law.
Think you are covered by a thick HR policy manual? Think again. You may have created legal risks for yourself that you (or you HR practitioner) may not even be aware of. If you do not want to be caught unawares and learn expensive lessons later on, then read this document. Also if you don't have policies and don't know where to start. The legal issues are explained, as well as steps an employer should take to avoid unnecessary risks relating to the content and drafting of policies and procedures.
Retirement is meant to happen automatically by effluxion of time, once an employee reaches the agreed upon or normal retirement age. It brings an automatic end to an indefinite contract of employment and is not a dismissal or a resignation. This should be stated clearly in the employment contract. ‘Formal” or legal retirement does however not mean that the employee necessarily has to stop working (for the same or another employer). It is just the nature of the employment relationship that has to be stipulated very clearly to avoid challenges later on.
Minimum statutory leave requirements in terms of the BCEA (annual, sick, family responsibility, maternity, parental) and guidance around leave calculation and leave administration for employers. How to answer leave queries from staff; how to calculate and grant leave.
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Toxic employees could be confrontational, so managers avoid dealing with them until they are utterly frustrated, at which point they want to pass the problem over to human resource, but without proper documentation most times HR hands are tied. What managers must do as a first step in dealing with these types of employees is to communicate to them clearly that their bad attitude will not be tolerated. It is important that you let them know how their negative behaviour is affecting the rest of the team. An important point of note here is that managers forget that negative behaviour is a performance issue and it should be reflected in their performance review. I’ve heard managers complain bitterly about the attitude of some employees, yet it is not reflected in their annual performance review, some of these employees get the highest score possible. Ultimately, the contributions made by that talented yet, difficult employee may not be worth the problems they cause.