Here's what you need to know about the LRA's part-time employee amendment
On 18 August 2014, the Department of Labour (DoL) published amendments to the Labour Relations Act (LRA).
One of the key amendments relates to part-time employees.
Read on to find out more about this amendment so you can take steps to comply with the Act and avoid harsh non-compliance penalties when the amendments come into effect.
The LRA has this to say about part-time employees
When it comes to part-time employees, the LRA urges you to take into account their working hours.
According to a report by ENSafrica,
you mustn't treat part-time employees less favourably than comparable full-time employees doing the same or similar work, unless there's a justifiable reason for different treatment.
Part-time employees are now also entitled to equal access to training, skills development and vacancies.
Just bear in mind that these protections don't apply to workers who earn above the Basic Conditions of Employment (BCEA) earnings threshold
and to small or new employers (i.e. those who employ less than ten employees or employ less than 50 where the business has been in operation for less than two years.). The protections also don't apply during the first three months of part-time employment.
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Here's what you must do to get in line with this amendment
As it stands, the date on which the amendments to the LRA
will become effective is uncertain, but the DoL's latest indication is that it may be before the end of October 2014.
In anticipation of this new regulatory regime, review your use of part-time employees and their contracts to assess whether you meet these new requirements. If they don't, develop plans to move towards compliance and/or mitigate risks, says ENSafrica.
This will help ensure you avoid penalties when the amendments become effective.
To discover other key amendments to the LRA, check out this article.
And if you need more information regarding the amendments, send your questions to our labour experts at the labourandhrclub.co.za.
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