Enterprise Development is monetary or non-monetary contributions to contribute to the development, sustainability and financial and operational independence of those beneficiaries. Non-monetary contributions include any services and/or products that assist the beneficiaries in increasing their financial or operational capacity. Recognition of non-monetary contributions is limited in accordance with the benefit factor matrix. Enterprise Development contributions…
Category: FAQ
When Is A Restraint Of Trade Agreement In An Employment Contract Enforceable In Law?
A restraint of trade agreement in an employment contract states that on termination of employment, such employee will be restricted from working in a specific industry, for a specified period and in a certain geographical area. The purpose of a restraint of trade agreement is to protect the employer’s business interests to retain its competitive…
What Are The Benefits For South African Companies To Submit A Workplace Skills Plan And Annual Training Report Annually?
Submitting a Workplace Skills Plan and Annual Training Report is beneficial to your company as you get money back in the form of Mandatory Grants (20% of SDL contributions); Your company can apply for Discretionary Grants where more money is made available to companies to train and develop employees/learners as Learnerships, Apprenticeships, Recognition of Prior…
What Is A Data Processing Agreement, And Do I Need One?
Data Processing Agreements / Operators Agreements are required in the Protection of Personal Information Act (POPIA). POPIA requires all businesses that share personal information with third parties/operators to have a Data Processing Agreement in place with the third parties/operators. Third parties /operators are defined as a person or business who processes personal information for a…
Can You Obtain BEE Ownership Through The Sale Of Assets, And What Are The Requirements?
The sale of assets is an alternative indirect option to obtaining BEE Ownership. This statement allows a company to sell their operational assets, a business, or equity instrument in another business, to black people (or to an entity that is at least 51% Black Owned) as an alternative to selling an equity stake in the…
What Is Severance Pay, And How Do I Calculate It?
When dismissing an employee due to the operational requirements of a business, the employment relationship is ended due to no misconduct on the part of the employee. A retrenchment is thus seen as a “no-fault” dismissal. A severance package is calculated and paid to the affected employee to compensate for their loss of employment and…
Can The Consumer Refer Their Complaint Directly To The National Consumer Commission (NCC) For Adjudication?
The NCC is responsible for administering and enforcing the Consumer Protection Act (Act 68 of 2008). Section 70 of the CPA provides for consumers to resolve any dispute regarding a transaction or agreement with a supplier by referring a matter to an Alternative Dispute Resolution agent (ADR). This may be an ombud with jurisdiction, a…
Must I Recognise A Trade Union In The Workplace, And What Are The Consequences If I Don’t?
Most employers find themselves with employees that have joined a trade union. An employee is entitled to join any trade union of their choice. Most employers are then unsure what impact this has on their business and whether they must recognise the trade union in the workplace and if they should have meetings or consultations…
How Do I Know If My Suppliers Have Valid BEE Certificates Or Affidavits Which I Can Use To Claim Procurement Points?
This question arises in many people’s minds because if your supplier has an invalid certificate or affidavit, you will not be able to claim any points in the procurement element for any spending made at that supplier. Each certificate or affidavit has various prerequisites that must be met before it is deemed a valid BEE…
When Should Companies Report To The Department of Labour As Newly Designated Employers For Employment Equity?
Once an employer becomes designated for employment equity, the process to comply with the Employment Equity Act No.55 of 1998 commences. This is where an employer focuses on what is identified as the six duties of a designated employer. These duties include appointing an employment equity manager, communication and awareness to your organisation and employees,…