The last two years have seen one of the biggest shifts in employee mentalities. Whether you’re currently working or just entering the job market, here’s what you need to know about your work rights
Sarah is a personal assistant at a big company. She arrives at work at 9 am and leaves at 5 pm. As soon as she gets in, she drops off her bag at her desk and goes to the kitchen to make some coffee and catch up with a work friend. They chat, then make their way back to their desks. Every half an hour or so, Sarah heads outside for a smoke break. Sometimes, she goes to the canteen for a snack or to the kitchen for coffee. At lunchtime, she goes for a walk in the park, then eats at her desk while catching up on TikToks. All in all, she spends about six hours a day actually working and three hours on other things. Is Sarah within her rights to take these breaks and only put in six hours of work? When you are employed and sign your contract, you agree to be the best employee you can be, and also agree to the company’s ‘terms and conditions’ – the rules and responsibilities you are held to. Here’s what you need to know.
RIGHTS AND RESPONSIBILITIES
As an employee, you’re meant to provide a skill as required by your company. In return, you get a salary and, in some cases, benefits. In South Africa, your relationship with your employer is governed by the Basic Conditions of Employment Act, Labour Relations Act, Occupational Health and Safety Act, Skills Development Act and Employment Act. Here are your most important rights and what they mean:
Working hours
Most employees in South Africa are meant to work nine hours a day (45 a week). This time includes one hour for a lunch break.
Resources and equipment
When you sign on to do your job, you have the right to receive all the necessary equipment (a computer, for instance) and tools that you will need to do your work.
Unfair dismissal and discrimination
You have the right to be treated fairly and not be discriminated against at work. If you feel you have been unfairly dismissed, you have the right to take your grievance to the appropriate authorities (see ‘Notice Given’).
Non-victimisation
Similar to discrimination, every person has the right not to be victimised – whether that’s based on their gender, age, or their personal and religious beliefs.
Equal pay, equal work of value
Your employer is obligated to do enough to promote equal opportunities at work. This means that you can raise issues where you feel you are not compensated enough for the level of skill or experience you bring to your role. In fact, the Employment Equity Act says: ‘A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in the law (which include, among others, gender), is unfair discrimination.’
Sick leave
It’s Monday and your tummy is feeling a bit funny. Can you stay out of work, legitimately, without it looking like you’ve had a hard-partying weekend? Technically, every worker is entitled to one day of fully paid sick leave for every 26 days worked. But The Basic Conditions of Employment Act (BCEA) also states that your employer is entitled to not pay you if you have been on sick leave for more than two consecutive days or on more than two occasions during an eight-week period and you have not produced a medical certificate.
Annual leave
The BCEA allows for annual leave (if you have worked at the company for one year or more) of 21 consecutive days. Otherwise, you may be entitled to one day of leave for every 17 days worked.
Safe working conditions
Did you know that it is your right to feel safe in your workplace? Your work environment must, according to the South African Labour Law, be safe and healthy. If you feel that there’s something potentially dangerous in your immediate surroundings, you have the right to bring this to your employer’s attention and have it sorted out.
Words by Charlene Naidoo
Photography: Unsplash
