Employers are often faced with allegations of being inconsistent in the application of a rule, be it late-coming or negligence or any other form of misconduct. As per Schedule 8 in the Code of Good Practice – Dismissal, in order to succeed with a substantively fair dismissal for misconduct, an employer must be able to... Read More
Amended codes of good practice
Since the inception of the revised codes, companies have placed more time and resources into their Broad-Based Black Economic Empowerment (B-BBEE) journey. However, after 3 years companies have realised that arguably the most important sub-element of the B-BBEE scorecard is Preferential Procurement, under the Supplier & Enterprise Development element. Previously very little attention was given... Read More
It is very important for a business to be aware of which Broad-Based Black Economic Empowerment (B-BBEE) Codes are applicable to their specific business. The following amended Sector Codes have been gazetted by the Department of Trade and Industry to date: Agriculture Construction ICT (Information Communication and Technology) Finance MAC (Marketing Advertising and Communication) Property... Read More
Most Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes have been amended and are currently in effect. There is a great need for businesses to become B-BBEE compliant. In order to do these many companies are considering restructuring to assist with compliance, but if this is not done properly the process could actually cause more harm... Read More
An Exempted Micro Enterprise (EME) or Qualifying Small Enterprise (QSE) that qualifies for an automatic level 2 due to having 51% black ownership, is required to comply with 40% of the QSE Skills Development target as a compulsory priority element to avoid discounting. How to achieve level 1. The Amended Construction Sector Charter provides that... Read More
Gazetted on 29 March 2018, The Youth Employment Service (YES), intended to provide work opportunities for black youth between the ages of 18 and 35. This transformative endeavour by the Government aims to lower the increasingly high levels of unemployment in South-Africa to provide 12 month or fixed-term employment contracts. The YES initiative intendeds on... Read More
The Amended Construction Sector Code was published on 1 December 2017. This code has implications for entities that previously, under the Codes of Good Practice, didn’t need to make any contributions to obtain a specific level. This specifically refers to Qualifying Small Enterprises (QSEs) that qualify for automatic level 1 or 2 sworn affidavits in... Read More
South Africa was engaged in a racially segregated system called Apartheid from 1948 until 1994, where one’s race determined social, economic and political advantages and/ or disadvantages. In 1994, the first democratic government was elected in South Africa. This government implemented Broad-Based Black Econoic Empowerment (B-BBEE) in 2003/2004 as a racially selective program initiated to... Read More
The Amended Construction Sector Codes have brought about significant changes to the Supplier Development element. Generic Enterprises now have to ensure that their assistance meets the requirements of a compliant Supplier Development programme. A Generic Enterprise is regarded as the following: Contractors – revenue above R50 million; Built Environmental Professional (BEPs) – revenue above R25... Read More
The Amended Agri-BEE Sector Code of Good Practice (“Agri-BEE Code”) was gazetted on 8 December 2017 with immediate effect. The elements that differ most from the Amended Codes of Good Practice are found in the Ownership, Skills and Supplier & Enterprise Development Elements. Exempted Micro Enterprises (EMEs) with a turnover less than R10 million, and... Read More
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