Page 3 of 3 FirstFirst 123
Results 21 to 26 of 26

Thread: LABOUR LAW ON ATTENDANCE REGISTER

  1. #21
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7
    Yes. There is no such thing that "an unlawfull immigrant" is not protected by the LRA.
    In addition, if a person does employ a person who is not lawfully present in the country, they are commiting an offence of a criminal nature, however your employee is not unlawfully here at this stage.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  2. #22
    New Member
    Join Date
    Nov 2015
    Location
    Ctown
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by joanne.taylor View Post
    At my work we have an attendance register that needs to be completed. Some of the employees haven't done this every day and now our employer has deducted those days off our annual leave days. Is this legal? We have monitoring devices in our vehicles so can prove that we have been at work all those days. any advice out there?
    Have a look at secton 31 of the basic conditions of employment act . The employer has to keep records of attendance. The request to sign on is compliance to this provision and must be adhered to .
    The process to get compliance in this instance may be an is dependant on what has been done to follow up the employees failure to comply with the "rule" but the employees need to complywitht he rule to enable the company to fulfill the statutory requirement and be able to manage the business which includes time and attendance management.

  3. #23
    Full Member
    Join Date
    Aug 2014
    Location
    Cape Town
    Posts
    81
    Thanks
    0
    Thanked 3 Times in 3 Posts
    I used to be a Logistics manager at a large manufacturing concern. From a Health and Safety perspective as well, you need to have an attendance register. Should there be a fire, for instance, how do you know how many are still stuck inside the burning building?

    If it was me? I would've informed people in writing that this needs to be filled in. In my current company, bar certain exceptions, if you haven't filled in a leave form, you don't have authorized leave, I would've processed that as unpaid/unauthorized leave. Do you have to do what your employer wants? Well, if it's legal, and reasonable, you only have to do it if you want to keep working there.

    Could he check your Skytrax to see if you were at work? Maybe, but I have more than enough to keep me busy than to check on whether or not my staff was working when they should be, after they neglected (mmmm...neglected...negligence) to fill in the attendance register as per my instruction.

    Years back when I was still working as a semi skilled diesel mechanic. I had to sign a written warning, for not placing a service sticker in the door of the vehicle. The argument of "The customer can always check the mileage on the invoice" was met with a simple "He shouldn't have to..." Similarly: Can he check the Skytrax? He shouldn't have to.

  4. #24
    Gold Member
    Join Date
    Mar 2012
    Location
    Vanderbijlpark
    Posts
    886
    Thanks
    83
    Thanked 381 Times in 298 Posts
    See the attachment:
    LABOUR INSPECTION.pdf

  5. #25
    New Member
    Join Date
    Nov 2015
    Location
    Ctown
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by joanne.taylor View Post
    At my work we have an attendance register that needs to be completed. Some of the employees haven't done this every day and now our employer has deducted those days off our annual leave days. Is this legal? We have monitoring devices in our vehicles so can prove that we have been at work all those days. any advice out there?
    Hi Joanne
    Here is what the employer has to do in terms of the BCEA:
    Keeping of records : Section 31

    Every employer must keep a record containing the following information:
    (a) employee’s name and occupation;
    (b) time worked;[/COLOR]
    (c) remuneration paid;
    (d) date of birth if under 18 years of age; and
    (e) any other prescribed information.

    If you act to make this legal compliance by the employer impossible what alternative do you give the employer.
    Misconduct, Insubordination.....
    What do you think the impact will be on the employment relationship.....???

  6. #26
    New Member
    Join Date
    Dec 2015
    Location
    Polokwane
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I do agree with most of the post above. There are however a few things that need to be kept in mind in all Labour queries.

    In most cases, where no actual law exists, the company's policies and procedures govern the situation.

    1. What does the Company Policy say about these attendance registers and the repercussions of not completing the register?
    2. The correct procedure would have been to act according to the company's disciplinary procedures. In our organisation, for example, you would have received a written warning and, if i cannot prove by any means that you were at work, a leave day would have been deducted.
    3. If you had a leave day deducted, you must be paid for this day. If not, it could be considered as unpaid leave. Again the company policy dictates the process to be followed.
    4. Legally, a company is not allowed to deduct a leave day AND payment for that day.
    5. Attendance registers is not only to prove that you actually attended work that they, it also assists with Workmans Compensation Claims when someone gets hurt or a disaster hits. This attendance register then acts as proof of which employees were at work or on the premises when something happens - it assists with proving the liability of the organisation. If you did not sign in, and for example the building collapses and you get hurt, you will have a real hard time proving that the company should be held responsible for your medical fees (i.e. workmans comp claim) as the company can say you were not there for work.

    Unfortunately companies have turned to the carrot and stick approach with all Labourers in SA. The reason for this is because in most cases, being nice bites an employer in the bum at some point in time and the CCMA does not see being nice as just being nice, they pin it as the norm and rule. Therefore, in CCMA cases, consistency is key. What happened here is an employer has most probably lost a few fights with this attendance register not being completed and resolved to punish employees where they feel it most.

    As suggested before, have a chat to your manager and discuss the situation. Just be mindful that your manager has to act according to the policies and procedures of the company - within the law of course.

Page 3 of 3 FirstFirst 123

Similar Threads

  1. The attendance register
    By Marq in forum Labour Relations and Legislation Forum
    Replies: 3
    Last Post: 11-Nov-09, 11:13 PM
  2. Parliament to hold hearings on labour brokering
    By I Robot in forum General Regulatory Compliance Forum
    Replies: 12
    Last Post: 07-Nov-09, 07:47 AM
  3. [Article] Unemployment Insurance Fund (UIF)
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 03-Nov-09, 06:03 PM
  4. M Mdladlana on labour brokers campaign
    By I Robot in forum General Regulatory Compliance Forum
    Replies: 2
    Last Post: 07-Aug-09, 09:21 AM
  5. M Mdladlana: Annual Labour Law Conference
    By I Robot in forum General Regulatory Compliance Forum
    Replies: 11
    Last Post: 18-Jul-08, 02:42 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •