In my previous article, I highlighted the struggles and sacrifices that shaped our Labour landscape, as well as the importance of people in an organisation. In this article, I would like to put some of the focus on the rights of employees. In some schemes, you employee staff to assist with the daily tasks and responsibilities of running your community scheme. This includes gardeners, caretakers, and others. When investigating the rights of employees, we can look at the various laws involved in the employment relationship.

The basis of the employment relationship is found in common law, while employment related statutes provide supplementary conditions, to give voice and clarity to the inherent values in the Constitution. The Basic Conditions of Employment Act No 75 of 1997 provides for regulations on the particulars of employment and remuneration, working time, leave and termination. It is also important to note that certain sections of the Act do not apply to senior managerial employees, employees working less than 24 hours in a month and sales staff who travel to the customer’s premises and regulate their own hours.

The Labour Relations Act No 66 of 1995 gives effect to the rights and obligations of employees and their unions in accordance with the fundamental rights under the Constitution. This would include matters such as performance management, training and development, discipline management, retrenchments, etc. Although this Act deals a great deal with Unions and related matters, it also provides for very important dispute resolution mechanisms, such as the CCMA, Labour Court and their processes. A very contentious matter related to fixed term contracts and the employees’ rights in this regard is also covered in this act.

Fairness and equity are on many agendas currently and should not be excluded from the minds of scheme executives. The Employment Equity Act No 55 of 1998 gives effect to Chapter 9 of the Constitution and deals with the prohibition of unfair discrimination, harassment and implementation of affirmative action measures. Every employee has the right to being treated fairly and a harassment-free work environment.

Safety is often overlooked, but a very important right of an employee. The Occupational Health and Safety Act No 85 of 1993 stipulates rules and standards to ensure safe working conditions for employees. This would include safety gear and equipment in good working order.

Things sometimes happen and employees may get hurt while performing their duties. The Compensation for Occupational Injuries and Diseases Act No 61 of 1997 enables an employee to claim compensation from their employer, in case of an injury at work. The employer has an obligation to be registered, to be able to provide for a possible claim.

We are all too familiar with the current economic, and even health, challenges facing our Country and a community scheme is no exception. Employees that are unable to work due to illness, maternity leave or unemployment can claim compensation under the Unemployment Insurance Act No 63 of 2001.

The employees in your community scheme play a vital role, to ensure everything runs smoothly and things get done. Knowing what their rights are and facilitating these in their work environment will go a long way to ensure a happy employee, ready to serve your owners.