Practical Labour Law Assignment Essay

The h cardinaly oil law contr venture of date would require that the two posties mingled i. e. employer and employee decide an agreement equitable to or at least meeting the ineluctably of (locatio conductio operarum/employment proper). Considering the nature of the relationship between Mrs. James and the tutordays, it is difficult to coiffe who the employee and employer is, as the initial agreement for the redevelopments convolutioned by Mrs. James was do between her and the p arnts. The develop ultimately becomes responsible for paying her net establish on a request she made.No formal agreement is mentioned with regards to this arranging for instance, is the domesticate charging her an administration/handling fee or is she subjected to statutory deductions alike(p) UIF as the new(prenominal) teachers. Mrs. James was appropriated with the tools (i. e. two classrooms) to run her services by the school and they narrowd conditions of her using the schools facilities (provided she supplied the children with equipment etc). Thus it would seem as though a (location conduction operis ) or preparation of choke contract exists between the school and Mrs. James.This contract unfortunately does non provide her with job security or recourse when facing acts of negligence or wrong doing by the other per centumy to the contract. The control test indicates that Mrs. James ran her own after caveat centre with protrude reporting to any of the staff members, in fact if incessantly there was a reporting structure it would probably be to the pargonnts of the children she looked after. The administration body had no control over how she ran her classes either than the fact that they stipulated that toys and equipment be provided to the children and of course that the classrooms be well maintained.The political science body drop stipulate the code of conduct for the other teachers but surely Mrs. James would non be subjected to this. In terms of the Org anizational test, Mrs. James has been a part of the school for 15 yrs receiving a cheque from the school presidential term body like any other member of the organization and and then feeling somewhat involved with the school. However should the teachers for instance be involved in industrial action over salaries would Mrs. James as part of the teachers organization get involved or win from salary increases?thither was no formal contract between the two but the school does provide the classroom (capital asset) and pay her via cheque signed by the governing body. To some degree they can terminate her services but not necessarily done disciplinary procedures as would be the case with their employees. If the school can no longer provide or choose to offer their facilities to someone else, surely the contract involved between Mrs. James and the school, would be more a tenant/landlord agreement rather than an employer/employee agreement. Who profits from the provision of these servic es?The fees paid by the pargonnts are wholly received by Mrs. James which makes it seem as though shes the only one profiting from the services rendered but arguably the school indirectly benefits from this arrangement. For instance parents of potential school children may consider the provision of after care facilities as an added bonus when trying to decide which school their little one should attend. what is more Mrs. James has the added benefit of receiving her collated fees on time with no risk of larceny etc. in a convenient manner at no extra charge to her.Teachers employed by the school earning a salary in exchange for the services carried out at the business of their employer are entitled to certain benefits. If the school was her employer then Mrs. James wouldve had to obey clean instructions from the school regarding her work but it seems she ran her business independently. The court should gum olibanum not rule in her favour as she wasnt an employee of the school and hence cannot be retrenched. Question 2Word Count 402 Skills growth come 97 ?Key purpose of the SDA and SDLAThe Skills Development Act (SDA) 97 came into effect in 1998, it is centered at improving the southernmost African workforce by providing skills and opport unities to South African citizens. It aims to improve the quality of a workers life and surrender opportunities and flexibility of employment as well as increased rivalry in the work as workers become more productive and businesslike in their work. Entrepreneurship or self employment is encouraged through this act. The workplace becomes an institution of active learning as employees are encouraged to mull or continue to train further and acquire new skills.Issues such as high unemployment or unlearned boil force can be addressed as employers are encouraged to employ unskilled workers for instance graduates or scholars with no working experience. Job prospects of historically disfavor individuals are improved through training initiatives. Provision and regulation of employment services Improved return on investment in the labour market due to increase in the levels of investment in training and education. In order to facilitate and finance SDA, the skills development levy Act (SDLA) was created.It is a levy imposed on employers to ensure funds are generated towards financing skills development. ?Key provisions of the SDA that defy to our guild The National Skills sureness National skills fund labour centres SETAs Skills Development Planning unit and of course the Skills Development levy grant scheme where established to provide for SDA. SETAs or Sector Education and Training Authorities through which learnerships are provided mean that we as an employer must(prenominal)- 1. Employ a learner for a period chthoniantake in an the agreement 2. Provide the learner with qualify practical work experience 3.Afford the learner time to attend the education and training specified in the a greement ? Key procedures to be followed or set up to ensure compliance with SDA and SDLA We have to give way to the commissioner of the South African Revenue Services to be registered to pay SDLA. The company overly has to register with a relevant SETA. Payment of the levy must be made no later than seven (7) days after the end of each calendar month. Every employer is subject to pay a skills development levy which is collected by SARS. This levy must be paid at a rate of 1% of an employees total hire excluding pension or retirement allowances.Question 3Word count 468 a) All South African employees working more than 24 hours a month and who are not receiving a monthly pension, nor employed under the skills and development act are entitled to a statutory benefit called UIF which stands for Unemployment Insurance Fund. In the subject that you fall ill, pregnant or are laid-off from work and even if your contract of employment should expire and you are involuntarily out of work, you bequeath then be able to remove benefits against UIF and will be paid out a certain amount over a certain period of time by the labour department.Officers and some specified employees of national and provincial spheres of government may not claim UIF so too are foreigners entering the country for specified learnerships or contracts of service and employees earning commission only. Since you are of legal employment age and earn on a lower floor the annual level determined by the minister of labour, you may apply for UIF should you involuntarily be unemployed subject to you having employment but not necessarily making percentages towards UIF for at least 13 weeks during the year in the lead having to claim UIF.The company will deduct contributions from your salary every month and pay both our contribution as well as yours towards UIF fund. We will both be subject to paying an equal amount of 1% of your earnings towards the fund. In your current position as trainee data captu rer you will be earning R7500 which is below the current income ceiling of R8099 per month. In the event that you claim for UIF you will then be entitled to a part of R7500 multiplied by 12 months divided by 365 days as a benefit paid out to you.Once a year the company pays out a bonus (guaranteed 13th cheque) to which a contribution for UIF will also be deducted however as your service with us progresses and you are possibly promoted into another role which may have the added benefit of a performance bonus, please note this will not be subject to UIF contributions. We will also make no UIF deductions on overtime paid to you or any other special allowances that dont form part of the contract of employment youve just signed.As a contributor to the fund, you may one day claim for illness motherliness/adoption benefits and of course in the event that you are for instance retrenched, dismissed or your contract is terminated and you are left unemployed, you may also claim for this. In the event that you should pass away, your dependants may also claim from the fund provided they do so six months of your death however under special circumstance the commissioner may accept applications older than six months.