head for success business studies grade 12. term 1 topic 2: human resource function

HEAD FOR SUCCESSBusiness Studies Grade 12

TERM 1Topic 2: Human Resource Function

HUMAN RESOURCE FUNCTIONLEGISLATION RELATING TO THE HR FUNCTION:

The HR function’s main responsibility is dealing with human resource planning, for example recruiting, selecting, appointing, placing and developing employees.

It is therefore important that the HR manager is familiar with legislation relating to human resources (employees) because it affects aspects of running a business, such as: Dealing with grievances

Skills development

Dealing with workplace accidents

Minimum conditions of employment

Minimum wages

Working hours

Affirmative Action

HUMAN RESOURCE FUNCTIONLEGISLATION RELATING TO THE HR FUNCTION:

Even though legislative requirements weigh heavily on businesses, the labour environment is a better place because of it:

The labour market is now more representative of the demographics of the country than before.

Labour legislation promotes the interests of employees.

New skills acquired through skills training enable employees to become eligible for better employment opportunities.

Labour legislation provides a framework for dissolving labour disputes.

Previously disadvantaged people benefit from labour legislation.

Labour legislation helps to achieve equity in the workplace.

HUMAN RESOURCE FUNCTIONLEGISLATION RELATING TO THE HR FUNCTION:Labour Relations Act (Nr. 66 of 1995):

The main significance of the LRA for the HR function is that the LRA describes the way in which grievances and disputes are dealt with.

A grievance is a conflict of interests between an employer and an employee.

A dispute is a conflict of interests between the employer and members of a trade union.

Unresolved disputes may lead to strikes or lockouts.

According to the LRA, every employee has the right to strike and every employer has the right to lockout, provided some requirements are met.

A strike takes place when employees show up at work, but refuse to work.

A lockout takes place when an employer locks employees out, to prevent them from entering the workplace.

HUMAN RESOURCE FUNCTION

LEGISLATION RELATING TO THE HR FUNCTION:Labour Relations Act (Nr. 66 of 1995):

a) Aim Aims to protect economic development, social justice, labour peace

and democracy in the workplace.

Covers almost all employers and employees (not genuine independent contractors) including jobseekers and former employees.



b) Purpose of the Act

Make provision for collective bargaining, e.g. during wage disputes.

Make provision for the settling of labour disputes, e.g. unfair dismissals.

Make provision for trade unions and discussing the roles and rights of trade unions.

Regulate the right to strike and the recourse to lock-out in accordance with the Constitution.

Promote employee participation in decision making through the establishment of workplace forums.

Provide simple procedures for the resolution of labour disputes through conciliation, mediation, arbitration or independent alternative dispute resolution services.

Provide a simplified procedure for the registration of trade unions and employer’s organisations.

Establish the Labour Court and Labour Appeal Court as superior courts.



c) Provisions of the Act

The provisions of the Act include rights and obligations of employees, unions, employers and employers’ organisations:

Freedom of association

Collective bargaining

Procedures regarding strikes, lockouts and other forms of industrial action

Workplace forums (committees of employees who meet with employers regularly to discuss workplace issues)

Trade unions and employers’ organisations

Structures and procedures for dispute resolution

Unfair dismissal.




The Act aims to promote collective bargaining and worker participation through:

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Description:

Collective agreements

• A written agreement regarding terms, conditions of employment or any other matter of mutual interest concluded by registered trade unions/employers or employers’ organisations.

• Refers to any workplace agreement between employers and employees that regulate terms and conditions of employment or the conduct of employers and employees.






Description:

Bargaining councils • Promote bargaining at a sectorial level in a specific industry or service.

• May be established by one or more trade unions or one or more employers’ organisation.






Description:

Statutory councils • Where there is no bargaining council in a sector, either the representative union or employer may apply to the Minister to establish a statutory council for that sector.

• Agreements reached may NOT include wage agreements, unless both union and employer agree to include the issue.

Workplace forums • Formed by representatives of workers in the workplace with the aim of giving input in management decisions.


LEGISLATION RELATING TO THE HR FUNCTION:Basic Conditions of Employment Act (Nr. 75 of 1997):

A business can only employ employees if it is familiar with the basic conditions of employment.

It is the HR function’s responsibility to recruit and select candidates – the HR function should therefore be familiar with the Act which deals with basic conditions of employment.

HUMAN RESOURCE FUNCTIONLEGISLATION RELATING TO THE HR FUNCTION:Basic Conditions of Employment Act (Nr. 75 of 1997):

a) Nature and purpose

The BCEA lays down minimum conditions of employment.

The purpose of the Act is to:

Remove rigidities and inefficiencies from the regulation of minimum conditions of employment.

Ensure that working conditions of unorganised and vulnerable workers (e.g. domestic workers) meet minimum standards.

Promote flexibility

Advance economic development and social justice.

Regulate the right to fair labour practices.


b) Essence

The Act addresses the following problems:Gender discrimination.

Excessive working hours.

Child labour.

Dated legislation.

Poverty and unemployment.

Inadequate protection of vulnerable workers (such as farm, domestic and part time workers).


b) Essence

The Basic Conditions of Employment Act states the following: lskjdffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffk

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Description:

Sick leave • Workers may, for sick leave on full pay, every three years, take the number of days they would normally work in a six week period.

• During the first six months of employment, workers are only entitled to one day of paid sick leave for every 26 days worked.

• An employer may require a medical certificate before paying workers who are absent for more than two consecutive days, or who are absent more than twice in an eight week period.

Annual leave • Workers must get annual leave of at least: 21 consecutive days; or 1 day for every 17 days worked; or 1 hour for every 17 hours worked.



b) Essence

The Basic Conditions of Employment Act states the following:


Beskrywing:

Maternity leave • Pregnant employees are entitled to at least four consecutive months of maternity leave.

Family responsibility

leave

• Full time employees are entitled to three days of paid family responsibility leave during each annual leave cycle (12 month period from date of employment).

• You may take family responsibility leave: When your child is born or sick. In the event of death of your spouse or life

partner, parent or adoptive parent, grandparent, child or adopted child, grandchild or sibling.



b) Essence


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Description:

Working on public holidays

• Workers must get paid time off for any public holiday that falls on a working day.

• Working on a public holiday is by agreement only and workers must be paid extra.

Working on Sundays

• Workers who do not usually work on Sundays must get double of the normal hourly wage.

• Workers who usually work on a Sunday must get 1,5 times the normal hourly wage.

• Workers who usually work on Sundays, but work less than on ordinary shifts, must het their normal daily wage.



b) Essence



Beskrywing:

Working hours • Workers who work for five or less days per week, may not work more than nine hours per day or 45 hours per week.

• Workers who work more than five days per week, may not work for more than eight hours per day, or 45 hours per week.

• Workers must have a meal break of 60 minutes after five hours of work.

• Workers may not work more than ten hours overtime per week.

Child labour • Children under the age of fifteen years may not be employed.



b) Essence



Beskrywing:

Termination of employment

• Employees must give one weeks’ notice during the first six months of employment.

• Employees must give two weeks’ notice if the employee was employed (by the same employer) for between six and twelve months.

• Employees must give four weeks’ notice if the employee was employed (by the same employer) for more than a year.

MENSLIKE HULPBRONFUNKSIE

LEGISLATION RELATING TO THE HR FUNCTION:Employment Equity Act (Nr. 55 of 1998):

The EEA has significance for the HR function, because it affects appointments.

The EEA states that businesses must draw up equity plans – this is also the responsibility of the HR function.

a) Purpose

Achieve equity in the workplace.

Promote equal opportunity and fair treatment in the workplace.

Implement Affirmative Action (AA) measures to redress disadvantages in employment.

Ensure equal representation of all population groups in the workplace.

Prohibit unfair discrimination and unjust medical testing of employees.



b) Provisions

The most important provisions of the Act are: lkjklllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll;;fasdfja;lsdkfja;lsdkfja;lskdfj;alskdjf;alskdjf;alskdjfa;lskdjf;alskdjf;alskdjf;alskdjf;alskdjf;alskdjf;lasdkjfa;lskdjf;alskdjf;alskdjf;alskdjfa;lskdjfa;lsdkfja;lskdfja;lskdjfa;lskdjf;alskdfj;alsdkjfa;lsdkfj;alsdkjf;lsdkjf;laskdjf;alksdfja;lskdfja;lskfja;lskdfj;alskdfja;lskdjfa;lskdjf;lasdkfjalsdkfja;lskdjf;alksdjf;alskdjf;alksdjf;laskdjfa;lskdfj;alsdkfja;lsdkjfj;alskdfja;lskdfja;lsdkfja;lsdkfja;lsdkfja;lsdkfja;lksdjf;alskdjfa;lskdfj;alskdfja;lskdfj;a

Description:

Elimination of unfair discrimination

• Employment policies and practices must support the elimination of unfair discrimination.

Prohibition of unfair discrimination

• Unfair discrimination is prohibited.• Unfair discrimination includes discrimination on

grounds of race, gender, pregnancy, marital status, family responsibility. ethnic or social origin, age, disability, colour, sexual orientation, religion, political opinion, culture, language, HIV status.



b) Provisions

The most important provisions of the Act are : lkjklllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll;;fasdfja;lsdkfja;lsdkfja;lskdfj;alskdjf;alskdjf;alskdjfa;lskdjf;alskdjf;alskdjf;alskdjf;alskdjf;alskdjf;lasdkjfa;lskdjf;alskdjf;alskdjf;alskdjfa;lskdjfa;lsdkfja;lskdfja;lskdjfa;lskdjf;alskdfj;alsdkjfa;lsdkfj;alsdkjf;lsdkjf;laskdjf;alksdfja;lskdfja;lskfja;lskdfj;alskdfja;lskdjfa;lskdjf;lasdkfjalsdkfja;lskdjf;alksdjf;alskdjf;alksdjf;laskdjfa;lskdfj;alsdkfja;lsdkjfj;alskdfja;lskdfja;lsdkfja;lsdkfja;lsdkfja;lsdkfja;lksdjf;alskdjfa;lskdfj;alskdfja;lskdfj;a

Description:

Medical and psychometric testing

• Medical and psychometric testing of employees is prohibited unless justified.

Affirmative Action • A policy to ensure equal representation of all South Africans in the workplace by giving preference to people who were preciously disadvantaged when it comes to employment.

• Employment Equity Plans must contain specific AA measures to achieve equitable representation of people from designated groups.

Report • All designated employers must report to the Department of Labour on their equity plans.


LEGISLATION RELATING TO THE HR FUNCTION:

Compensation for Occupational Injuries and Diseases Act

(Nr. 61 of 1997):

COIDA has significance for the HR function, because COIDA describes, amongst others, how to deal with workplace accidents.

The HR function must make sure that all managers throughout the business are familiar with this act.

If a workplace accident occurs, it will be the HR function’s responsibility to communicate with the Compensation Fund and with the injured employee.

The HR function is also responsible for calculating and paying the business’ monthly contribution to the Compensation Fund.

a) Aim

The aim of the COIDA is to provide compensation for: injuries sustained or diseases contracted by employees during the

course of employment; and

death resulting from such injuries or diseases.


LEGISLATION RELATING TO THE HR FUNCTION:

Compensation for Occupational Injuries and Diseases Act

(Nr. 61 of 1997):

b) Compensation

Employers must make monthly contributions towards the Compensation Fund.

The Fund covers occupational diseases and workplace injuries.

An employee can claim from this Fund if an injury was sustained or a disease was contracted while the employee was:

Working

training

completing an apprenticeship


WETGEWING WAT VERBAND HOU MET DIE MH-FUNKSIE:

Compensation for Occupational Injuries and Diseases Act(Nr. 61 of 1997):

b) Compensation

There are five types of comensation: s;ljkdaffja;lskdfja;lskdfja;sldkfja;sldkfja;lskdfja;lskdfj;alskdfja;lskdfja;lskdjf;alskdjf;alksdjf;alskdjf;laksdjf;laskdjf;alskdfja;lskdfj;alskdjf;alskdjf;alskdjf;laksdjf;laskdjf;alskdjf;alskdjf;alskdjf;alskdfj;alskdfj;laskdfjalskdjflsjfa;lskdjfa;lsdkjf;aslkdjfa;lskdjf;alskdjf;a

Description:

Temporary disability A person cannot work whilst injured. But, a person will recover from the injury sustained or disease contracted.

Permanent disability A person will never recover from an injury.

Death Death of a breadwinner caused by an occupational injury or disease.

Medical expenses Medical expenses will be paid for up to two years after an accident occurred or diagnosis was made.

Additional compensation

In some cases, employees qualify for extra compensation.


LEGISLATION RELATING TO THE HR FUNCTION:Skills Development Act (Nr. 97 of 1998):

The HR function is responsible for skills development and training.

Training refers to the acquisition of skills, knowledge and competencies.

Skills development has been identified as a key requirement for growth and prosperity in South Africa.

The Skills Development Act aims to address this issue.

SETAs were established to facilitate and manage the skills development process in the workplace.

HUMAN RESOURCE FUNCTIONLEGISLATION RELATING TO THE HR FUNCTION:Skills Development Act (Nr. 97 of 1998):

a) Nature and purpose To assist work seekers to find employment, retrenched

workers to re-enter the labour market and employers to find qualified employees.

To promote self-employment.

To improve the employment prospects of persons previously disadvantaged by unfair discrimination.

To redress pass disadvantages through education and training.

To develop the skills of the South African workforce.

To encourage employers to use the workplace as an active learning environment.

To encourage workers to participate in learnerships and other training programmes.

To ensure quality of education and training in the workplace.


b) SETAs The overarching goal of SETAs is to facilitate and manage

skills development.

SETAs facilitate and manage skills development by performing a number of functions: Developing sectorial skills plans.

Registering learnership agreements.

Reporting to the Director-General.

Implementing sectorial skills plans.

Supporting the development of training materials.

Liaising with the National Skills Authority.

There is a SETA for every sector.

It is clear that skills development needs funding.

It is Skills Development Levies Act (Nr. 9 of 1999) was implemented to organise funding for skills development.


b) SETA’s Funding is organised by means of a levy grant scheme:

Alle werkgewers wat meer as R500 000 per jaar aan salarisse en lone bestee, moet 1 % van hulle totale salaris- en loonuitgawe aan die vaardigheidsheffing bydrae.

Die heffings wat aan die SAID betaal word, word in ‘n spesiale fonds geplaas.

Die Nasionale Vaardigheidsontwikkelingsfonds (befonds vaardigheidsontwikkelingsprojekte wat nie onder SOOO’s val nie) ontvang 20 % van die heffings.

10 % word deur die onderskeie SOOO’s (SETA’s) aangewend vir organisatoriese uitgawes.

Besighede moet vaardigheidsontwikkelingsplanne vir die werkplek en implementeringsverslae voorlê om 50 % van die betaalde heffings terug te eis.

20 % van die heffings vir die spesifieke sektor word deur die betrokke SETA aangewend om leerderskappe en ander vaardigheidsontwikkelingsplanne te implementeer.



b) SETA’s Money received by a SETA may only be used to:

Fund the performance of its functions

Pay for the administration of the SETA.

All employers who employ 50 or more individuals, are compelled to employ a Skills Development Facilitator (SDF).

The SDF is responsible for:

The development and planning of a business’ skills development strategy.

Providing management with advice regarding skills development issues like skills programmes or learnership development.



c) Learnerships A learnership is a type of apprenticeship where the learner

learns how to do a particular job.

Learnership agreements are agreements entered into between a learner, employer or group of employers and an accredited training provider.



c) Learnerships

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Responsibilities: Description:

Responsibilities of learners

• The learner must work for the employer.• The learner must attend lectures and classes.

Responsibilities of employers

• The employer must employ the learner for a period as specified in the learnership agreement.

• The employer must provide the learner with practical work experience.

• The employer must allow the learner to attend lectures and classes.

Responsibilities of training providers

• The training provider must provide training as agreed upon in the learnership agreement.

• The training provider must offer learner support to learners.


c) Learnerships

A learnership agreement must be registered with the relevant SETA.

A learnership agreement may be established if the following criteria are met:

The learners agreement consists of a structured learning component.

The learnership agreement includes practical work experience.

The learnership agreement leads to a qualification registered by SAQA.

The learnership agreement is registered with the Director-General

Learnership agreements terminate if:

The learner has successfulle completed the learnership

The learner has been fairly dismissed.

The relevant SETA approves of termination of the learnership agreements.



d) Skills programmes

According to the Skills Development Act, a skills programme is a programme that:

is occupationally based

upon completion, will constitute a credit towards a qualification registered in the National Qualification Framework (NQF)

uses accredited training providers

complies with prescribed requirements

Any person that has developed a skills programme may apply to a SETA for a grant, or to the Director-General for a subsidy.

SETAs are responsible for monitoring the skills programme to make sure the SETA’s money is used for its intended purposes.



e) Qualifications

A qualification is a planned combination of learning outcomes which:

has a defined purpose;

and intends to provide qualifying learners with applied competencies as a basis for further training.

SAQA determines the standards that should be reached to obtain a qualification.

There are different types of qualifications, for example certificates, diplomas and degrees.

People with qualifications usually qualify for better employment opportunities.

One of the goals of the SDA is therefore to provide people with training opportunities to attain a qualification.


f) National Qualifications Framework (NQF)

The National Qualifications Framework Act, defines the NQF as:

a comprehensive system

approved by the Minister

for the classification, registration, publication and articulation of quality-assured national qualifications.

The objectives of the NQF are:

Creating an integrated national framework for learning achievements.

Enhancing the quality of education and training.

Facilitating access to and mobility and progression within education, training and career paths.

Accelerating the redress of past unfair discrimination in education, training and employment opportunities.

Contributing to the full personal development of each learner and the social and economic development of the nation at large.



f) National Qualifications Framework (NQF)

Qualifications that have been accredited by the NQF meet the following requirements:

The qualification is genuine.

The qualification is nationally benchmarked.

The qualification is internationally comparable.



g) South African Qualifications Authority (SAQA)

SAQA is the body responsible for overseeing the development and implementation of the NQF.

The objectives of SAQA are:

Advancing the objectives of the NQF.

Overseeing the implementation and further development of the NQF.

Coordinating the sub-frameworks.

Providing national standards to improve the quality of training.

Contributing to socio-economic development.