by Marianne Gradwell

Our labour laws are not always very descriptive when it comes to practical workplace implementation.  For this reason, the Minister of Labour, after consulting with the National Economic Development and Labour Council (NEDLAC), may issue Codes of Good Practice which serve to assist individuals in the interpretation and application of legislation. There are several Codes of Good Practice that have been gazetted, with the Code of Good Practice: Dismissals probably being the most well-known. In this edition, we will look at a couple of the others.

Code of Good Practice on Key Aspects of Disability in the Workplace

This Code was issued in Government Notice No. R. 19 April 2001 as an expansion on the protection, afforded by the Employment Equity Act, No. 55 of 1998, to people with disabilities against unfair discrimination. The purpose of the Code is to, according to section 1.3:

“… help employers and employees understand their rights and obligations, promote certainty and reduce disputes to ensure that people with disabilities can enjoy and exercise their rights at work.”

In many circumstances, disability is misunderstood especially if and how one should adjust one’s employment relationship with a person suffering from a disability. This Code provides a definition of disability and cites practical circumstances and how one should deal with these. Read more here.

Code of Good Practice on the Handling of Sexual Harassment Cases

NEDLAC issued this Code to eliminate sexual harassment in the workplace. It answers the important questions of:

  • What is sexual harassment?
  • What form can sexual harassment take?
  • What recourse is available to a person if they are suffering from/have suffered from sexual harassment.

For more information, follow this link.

Code of Good Practice on Arrangement of Working Time

This Code of Good Practice speaks to the practicalities of how to arrange shift systems, should this be necessary, in one’s company. It details, for example:

  • What provisions one needs to make for people working on a shift system in one’s company,
  • How many hours they are allowed to work, and
  • How a shift system should be designed.

Read more here.

Code of Good Practice: Preparation, Implementation and Monitoring of Employment Equity Plans

If one is a designated employer, drawing up an Employment Equity (EE) Plan is a legal requirement. This Code takes one through the practical steps of doing this. It looks at the:

  • Purpose and rational for the EE plan,
  • Structure of the EE plan,
  • Process for constructing an EE plan,
  • Planning phase,
  • Developing the EE plan, and
  • Monitoring and evaluating the plan.

Read more about this Code here.

Other Codes include one on Pregnancy (to provide for the protection of workers during pregnancy and after the birth of a child) and another on the Key Aspects of HIV/AIDS and Employment.

If you have any questions regarding the above, or how we – at Global Business Solutions can help you – please follow this link.

Kind regards,