Your Guide to Workplace Rights in South Africa

Understanding CCMA: Your Guide to Workplace Rights in South Africa

The Commission for Conciliation, Mediation, and Arbitration (CCMA) plays a vital role in maintaining fair labor practices in South Africa. In a recent interview, Western Cape Provincial Senior Commissioner Vusumzi Landu provided valuable insights into how the CCMA protects both employees and employers. Here's what you need to know:

What is the CCMA?

The CCMA derives its powers from Section 23 of the South African Constitution, which guarantees the right to fair labor practices. Its mandate includes:

Advancing economic development

Promoting social justice

Maintaining labor peace

Supporting workplace democratization

The commission handles various workplace disputes, including unfair dismissals, unfair labor practices, discrimination cases, and monetary disputes.

Working Hours and Breaks, the Basic Conditions of Employment Act establishes clear guidelines:

Standard working week: 45 hours

Standard working day: 9 hours

Mandatory break: 1 hour after working more than 5 hours

Break time can be divided (e.g., two 15-minute tea breaks and a 30-minute lunch)

 

Remote Work Considerations, with remote work becoming more common, employees should:

Maintain availability during agreed working hours

Respond promptly to work communications

Inform employers about schedule changes

Document agreements and communications in writing

 

Leave Entitlements, key points about leave:

Employees earn 1 day of leave for every 17 days worked

Leave must be taken within 6 months of accrual

Weekend days and public holidays don't count toward leave days

Employees can't take leave during notice periods without agreement

Public holidays falling within leave periods don't count as leave days

 

Sick Leave, the CCMA outlines these sick leave provisions:

36 days of sick leave over a 3-year period

Medical certificates may be required for absences longer than one day

Some employers require certificates for Monday/Friday absences

Extended sick leave may be available through company policies or provident funds

 

Salary Reviews, Regarding salary increases:

Not automatically guaranteed unless specified in contract

Minimum wage increases are legally mandated

Employees can negotiate through collective bargaining

Discrimination in salary increases can be disputed through CCMA

 

Filing a CCMA Complaint, when filing a complaint:

Written proof is required

The employer must be served with the same referral

Services are free of charge

For assistance, contact:

Instagram: CCMA South Africa

LinkedIn: CCMA South Africa

TikTok: CCMA South Africa

Email: info@ccma.org.za

Phone: 0861 161 616

Remember, understanding your workplace rights and responsibilities is crucial for maintaining a fair and productive work environment. The CCMA is there to help both employees and employers navigate labor relations effectively.

Click on the link below to hear the interview.

Presenter : Jasnine Roberts

Producer: Lydia M