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Thread: Where to get HR Policies and Procedures?

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    Junior Member cagenuts's Avatar
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    Where to get HR Policies and Procedures?

    We are not the most up-to-date company when it comes to policies, procedures and general HR stuff.

    I need to get us up to speed so I was wondering if anyone can recommend a source of sample policies and procedures that are relevant to South Africa and more importantly that abide with the current Labour Law.

    I have found this product offering at a reasonable price. Do you think it's worth the money?

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    Site Caretaker Dave A's Avatar
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    Vanash did a stunning job of presenting the HR basics here.

    And a bit on training here.

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    Junior Member cagenuts's Avatar
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    Oh yes, thanks for the links, looks like some good info there.

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    More Policies and Procedures

    Great resource, especially Vanash's HR basics. I am looking for ideas for a "Policies and Procedures" entry on how to deal with criminal records, both before employment and while in employ. As I understand it one should not discriminate against employees or prospective employees with criminal records unless these directly impact on their job function. I also understand that if an employee is arrested and jailed for a period of time, this is grounds for dismissal regardless of the crime. It would be great to look at an existing policy to see how it's worded.

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    Platinum Member sterne.law@gmail.com's Avatar
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    With regards to an employee arrested it is NOT automatically a grounds for dismissal.
    Ordinarily a company will dismiss based on operational requirements - you can not come to work and I need to fill the gap.
    An employee serving 3 months would possibly be well placed to have his job retained unless he was highly skilled. Similar considerations as dismissal for poor health should be considered.

    Some company's try use AWOL as a grounds for dismissal, however AWOL is an intention not to return, imprisonment may not include an intent not to return, hence generally an operational requirement dismissal is used.
    It happens that after serving 3 years that the prisoner is released and reports for duty. If the company did not do a form of dismissal they need to hold a hearing and charge the employee with absence from work. Its a fine line given that the absence has an excuse, so to speak.

    Another element is having a fair procedure if the person is incarcerated. This is why it is recommended that when an employer intends pressing criminal charges against the employee (say for theft) that they complete the internal process of dismissal before pressing the charges if possible, thus allowing them to complete the hearing.

    In short dismissals due to incarceration are clouded with a number of issues and complications. It does seem bizarre but the theory is that you did your time and penance has been paid. Certainly the nature of the crime will be a huge factor, theft, fraud and such forth may provided enough reason to say trust is broken, even if the theft was not against the company.
    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.

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    adrianh (30-Jan-14)

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    Diamond Member tec0's Avatar
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    Here is a link that you may find handy Basic Conditions of Employment Amendment Act. I don;t know if this one is up to date but it is a good resource for any business.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Andys69ZA (30-Jan-14)

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    Thanks Anthony. Do you have any links to a "pro-forma" policy that can be modified to suit specific needs?
    Regards
    Andrew

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    It takes a long time to get all the correct and modified policies in place.

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    Yes HRS, indeed it does. I am mediating a workplace dispute and was researching how companies deal with criminal records. It's interesting that there is a wealth of information out there on almost every other aspect of a company's policies and procedures but very little of consequence on the subject of criminal records.

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    Yes criminal records does sometimes pose a problem. There are various ways to check as well. Some are too comprehensive ie it will give you every little thing that the person has done in his life and others just give you actual criminal records. In our business if we know too much info we have to share it with our clients and this is not always a good thing. I mean they really do not need to know that a guy had a slight slight bad mishap 25 years ago for eg.

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