Chapter 6
Related Sections
1
INTRODUCTION
2
THE CONTRACT OF EMPLOYMENT
3
How can a contract of employment be used?
4
Changing the contract of employment
5
Types of contracts: Indefinite and Fixed-term contracts
6
Casual employees
7
‘Zero-rated’ contracts
8
Volunteers
9
Differential wage
10
Bonus pay
11
Long service awards
12
Job references
13
LAWS ABOUT TERMS AND CONDITIONS OF EMPLOYMENT
14
Wage regulating measures
15
How do you know which law applies to an employee?
16
BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA)
17
Who is covered by the Basic Conditions of Employment Act?
18
Temporary Employment Services (TES)
19
Variation of basic conditions
20
Individual contract of employment
21
Collective bargaining
22
Sectoral Determinations
23
Ministerial exemptions
24
Prohibited employment
25
Enforcement of the Basic Conditions of Employment Act (BCEA)
26
Summary of provisions in the Basic Conditions of Employment Act (BCEA)
27
MINIMUM WAGES
28
Summary of provisions in the National Minimum Wage Act (NMWA)
29
COLLECTIVE AGREEMENTS
30
Workplace-based collective agreements
31
Bargaining Council Agreements
32
SECTORAL DETERMINATIONS
33
How are Sectoral Determinations made?
34
Enforcement of a Sectoral Determination
35
Settling disputes under a Sectoral Determination
36
Summary of the Sectoral Determination for Farm Workers
37
Summary of the Sectoral Determination for Domestic Workers
38
DEREGULATION
39
OTHER LAWS THAT APPLY TO TERMS AND CONDITIONS IN THE WORKPLACE
40
Employment Equity Act (EEA)
41
The Occupational Health and Safety Act (OHSA)
42
Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace
43
The Merchant Shipping Act
44
DISPUTES AND WAYS OF SETTLING DISPUTES
45
What is a dispute?
46
The Labour Relations Act (LRA)
47
Who is an employee?
48
Unfair Labour Practices
49
DISMISSALS
50
What is a dismissal?
51
Automatically unfair dismissals
52
When is a dismissal fair or unfair?
53
Dismissal for misconduct
54
Dismissal for incapacity
55
Retrenchment or redundancy dismissal
56
What steps can be taken if there is an unfair dismissal?
57
SOLVING DISPUTES UNDER THE LRA
58
Conciliation by the CCMA or Bargaining Council
59
Arbitration by the CCMA or Bargaining Council
60
Adjudication by the Labour Court
61
TAKING INDUSTRIAL ACTION
62
When is industrial action not permitted?
63
What procedures must be followed before industrial action is protected?
64
If an employer unilaterally changes conditions of employment
65
Employee’s and employer’s rights in protected industrial action
66
Trade unions
67
SOCIAL SERVICES AND BENEFITS IN THE WORKPLACE
68
Unemployment Insurance Fund
69
COMPENSATION FUND
70
When can an employee claim compensation?
71
Who can claim compensation from the Fund?
72
Who contributes to the Fund?
73
When will the Fund not pay compensation?
74
Occupational diseases and injuries
75
What types of compensation payment are made?
76
Steps to claim disability
77
How is the compensation money paid?
78
Objections and appeals
79
EMPLOYEE’S TAX
80
What is employee’s tax?
81
When must an employee pay tax?
82
How much tax do you pay?
83
What information must you give to employers?
84
Rebates
85
Tax on bonus pay and retrenchment pay
86
Part-time work and casual work
87
Tax assessments
88
PENSION AND PROVIDENT FUNDS
89
How does a pension or provident fund work?
90
Types of funds and benefits
91
Bargaining Council funds
92
Complaints about payments from pension funds
93
The Pension Funds Adjudicator
94
The Two-Pot Retirement System
95
MEDICAL AID SCHEMES FOR EMPLOYEES
96
Advantages and disadvantages of Medical Aid Schemes
97
Medical Schemes Act
98
SKILLS DEVELOPMENT ACT
99
The National Qualifications Framework (NQF)
100
The Skills Development Levy-Grant Scheme
101
Skills Development Facilitators
102
PROBLEMS
103
Problem 1: Money is deducted from an employee’s wages
104
Problem 2: Employee wants to claim notice pay and leave pay
105
Problem 3: Employee is paid below the minimum wage
106
Problem 4: Dismissed employee wants the job back – how to apply for reinstatement or compensation
107
Problem 5: Retrenchment
108
Problem 6: Employee dismissed for being under the influence of alcohol on duty (no previous record of alcohol abuse)
109
Problem 7: Employee dismissed for being under the influence of alcohol while on duty (Employee is suffering from alcoholism)
110
Problem 8: Contract employees are dismissed before the contract is due to terminate
111
Problem 9: Contract employees are not paid overtime
112
Problem 10: Part-time employee is not paid sick leave
113
Problem 11: Fixed-term contract has not been renewed
114
Problem 12: Application for UIF benefits is too late
115
Problem 13: Employer does not register employee with the Unemployment Insurance Fund
116
Problem 14: Failing to sign the Unemployment Register
117
Problem 15: Long delay in paying Compensation
118
Problem 16: Employee does not get the correct amount of compensation money
119
Problem 17: Injured employee is off work and is not getting paid
120
Problem 18: Employee is injured on duty and loses the job
121
Problem 19: Employee’s compensation has been refused
122
Problem 20: Employees develop an occupational disease
123
MODEL LETTERS AND FORMS
124
Model Contract of Employment
125
Letter of demand to employer for reinstatement
126
Letter of demand to employer for notice and leave pay
127
Letter to Department of Employment and Labour about a notice and leave pay claim
128
Letter of appeal against the refusal to pay UIF
129
Letter to UIF because benefits have not been paid
130
Letter to Compensation Commissioner asking whether the accident was reported
131
Letter to Compensation Commissioner asking for reasons for the delay in paying
132
How to write a complaint to the Pension Funds Adjudicator
133
LRA Form 7.11 Referring a dispute to the CCMA for resolution
134
Compensation Form WCL3
135
CHECKLISTS
136
Checklist for a labour problem
137
Checklist to prepare for arbitration
138
Checklist to prepare a claim for reinstatement
139
Checklist for problems about UIF
140
Checklist for compensation problems

The Two-Pot Retirement System

The two-pot retirement system was introduced on the 1st September 2024. The system allows employees to access certain funds from their retirement fund before retirement if they need to, and without needing to resign and leave their jobs. It tries to create a balance between a person’s immediate financial needs and long-term retirement savings. All retirement contributions made by employees after the 1st September 2024 will be split with one-third of contributions going to a ‘savings pot’ and two-thirds going to a ‘retirement pot.’ Under this Two-Pot system, employees can access funds accumulated in their ‘savings pot’ before retirement, but the funds in the ‘retirement pot’ will continue to remain untouched until retirement. The employee will not be able to access these funds before they retire from their job.

What was the problem with the old pension provisions?

Before the introduction of the new ‘two-pot’ system, the rules on retirement meant that your contributions to a retirement fund would be ‘locked in’ until you reached the retirement age (typically 55 years), except if you died or were permanently disabled before this age, or if you resigned from your job. The result of this was that many employees chose to resign from their jobs so that they could have immediate access to their retirement savings. This meant there would be no ‘retirement benefits,’ or limited retirement benefits remaining when they finally retired.

The two-pot system aims to help South Africans manage their finances and give them some flexibility with the money they have saved for retirement. It allows them to withdraw a certain amount every year for emergencies while at the same time protecting most of the savings for retirement. It also protects people by preventing them from cashing out their full pension savings when they change jobs leaving nothing for retirement.

How does the Two-Pot Retirement System work?

The system means that from 1 September 2024 any new retirement contributions that you make into your retirement fund will be split into two pots: a savings pot and a retirement pot. One-third of your pension contributions go into the savings pot and two-thirds go into the retirement pot. All your existing retirement savings up to 31 August 2024 will be kept in a vested pot.

The savings pot

One-third of your pension contributions from 1 September 2024 will go into your savings pot. In addition, a once-off amount of 10% of your savings up to 31 August 2024 (which is kept in your vested pot) will be paid to your savings pot to create an opening balance that you can draw from.

The system allows you to withdraw cash from your savings pot once a year. The minimum withdrawal amount is R 2 000. Withdrawals from the savings pot will be included in your gross income and will be taxed with your PAYE tax deductions.

The importance of the savings pot is that you will be able to access funds in your savings pot before retirement and without needing to resign from your job.

Any withdrawals from your savings pot are taxed at your personal tax rate and you will also pay a transaction fee. If you owe SARS any money, this will automatically be deducted before you receive funds.

The retirement pot

Two-thirds of your pension contributions from 1 September 2024 will go into your retirement pot. This amount remains ‘locked in’ and saved ntil you retire. When you retire, under the two-pot retirement system, you can withdraw one-third of your retirement pot, and the remaining balance will be paid as fixed monthly payments.

This system aims to balance immediate financial needs with long-term financial security and protecting retirement savings.

To summarise: you will be able to use your savings pot before retirement as a ‘rainy day’ fund, but you will only be able to access the retirement pot when you retire.

The vested pot

All your existing retirement savings up to 31 August 2024 will be kept in a vested pot. You cannot make any additional contributions to the vested pot unless you were contributing to a retirement fund and you were 55 years old on 1 March 2021.

Ten percent (up to a maximum of R30 000) of your existing savings in the vested pot will be moved into your savings pot (if you have retirement savings) as a once-off opening balance. For example, if you have R 200,000 in your vested pot, 10% (or R20,000) will be moved into the savings pot to create a once-off opening balance. The vested pot then reduces to R 180 000 but you can use the R20 000 in the savings pot for emergency drawdowns according to the two-pot rules.

You will not be able to withdraw from the vested pot until you retire (or if you die or are permanently disabled before retirement age, or if you resign from your job). However, when you retire you can withdraw the full amount (or whatever the rules of your pension fund state). In other words, the same rules that applied to your retirement fund before the two-pot system was introduced will continue to apply to funds in the vested pot.

NOTE: If you retire and the total amount of your vested pot and retirement pot is less than R 165 000, you will be able to withdraw the full amount from both pots.