Warning: Even if you haven't guaranteed a salary increase in your employment contracts, you could still be guilty of unfair labour practice if you don't give your employees one
Dealing with salary increases is a complex issue.
One wrong move could see you being guilty of unfair labour practice and harsh consequences follow.
If you're thinking to yourself 'I'm safe because I don't guarantee salary increases in my workplace', you're wrong.
The reality is, even if you haven't guaranteed a salary increase in your employment contracts, you could still be guilty of unfair labour practice if you don't give your employees one.
Why should you pay for your employee's mistakes?
Discover how to legally deduct the money from your employee's salary next time he causes damage or loss to your company
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If it's not your mistake, why should your company pay for it?
Doesn't seem fair, does it?
And that's why most employers think the obvious thing to do is just deduct the amount your employee owes you from his salary.
But it's not that easy! You will land up at the CCMA if you don't deduct money legally.
Discover how to avoid this from happening to your company!
Here's why could be guilty of unfair labour practice if you don't give an increase, even if you haven't guaranteed it
According to the Labour Law for Managers Loose Leaf Service
, you could be guilty of unfair labour practices if you don't give an increase even if you don't guarantee it.
For example, your employee meets all requirements for a discretionary increase but you don't give him one and you don't have a valid reason for it.
In this case, your employee would have to prove:
He has some entitlement to an increase. For example, it's company practice to give annual increases, or all other employees got one; and
You acted unfairly by not increasing his salary. For example, by deciding not to give him an increase without a valid reason.
To avoid being guilty of unfair labour practice, do this when it comes to salary increases
If you don't have a contractual or collective agreement that says you'll give salary increases, include a clause in new employees' contracts. This must say they have no automatic right to an increase and you'll give them at your discretion. But when you do give increases, be clear about your criteria for doing so. Tell your employees about the criteria and enforce it consistently.
PS: For more information on salary increases, check out the Labour Law for Managers Loose Leaf Service.
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