With national elections around the corner, government is pushing hard to champion the rights of employees. From radio advertisements encouraging employees to open cases at the CCMA and Department of Labour to putting pressure on Labour Inspectors to enforce the national minimum wage. There is a concerted effort to educate employees about their rights – but what about the rights of the employer and where do employers need to ensure that they are adequately protected?

1. Employment contracts are a critical tool for employers to define the terms and conditions under which employees must work. Employees are bound by the provisions of the contract. The contract of employment provides clarity on issues surrounding remuneration, disciplinary measures and job responsibilities. It gives the employer ‘legs’ to stand on when faced with issues arising from the employment relationship; disputes at the CCMA; and when faced with an inspection from the Department of Labour.

2. Knowledge of the relevant laws applicable to the industry and sector that your business falls under is crucial as it will allow you to determine where you, as an employer, are vulnerable. One key component of this is to find our what minimum wage rates are connected to your business. It could be the default National Minimum Wage or it could be a sectoral specific minimum wage. Knowledge of such information will help you to mitigate against the potential risk associated with underpayment and backpay claims, which are on a drastic rise.

3. Management of your workforce in line with basic principles entrenched in South Africa’s labour laws will allow your operations to operate in a fluid and consistent manner. Items such as break times, rest days and the different forms of leave entitlement are at the forefront of employees’ minds. These issues, amongst others, are considered compulsory in any workplace but can be fine-tuned to suit your needs as an employer. Do not find yourself in a situation where you are being dictated to by your workforce, the CCMA, inspectors from the Department of Labour or trade union officials.

4. Effective communication with your employees is vital in deterring employees from approaching external dispute resolution mechanisms such as trade unions, the CCMA and the Department of Labour. There is also a drive from movements like the EFF (economic freedom fighters) and Operation Dudula to garner the attention of employees and interfere in your business. Make it a purposeful endeavour to keep the channels of communication open with your employees. Your employees should be loyal to you and trust that they have you, their employer, as an outlet for their concerns. These concerns can be personal or work-related and it is in your best interest to invest time in addressing them – or someone else will.

5.            Investing in someone with the requisite knowledge and expertise to deal with human resources and labour related issues cannot be overstated. South Africa is one of, if not the most, regulated country in the world in respect to labour laws. It is not possible for an employer to know everything he or she should in this regard – besides, employers should be primarily focused on growing their businesses and generating revenue. Having the right person to guide and take control of employee and labour issues can be a tremendous benefit. Depending on the nature of your business, you may resort to employing an internal or external person in this regard – or a combination of both.