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South Africa’s employment laws and owning businesses – Part 2 of 2
To carry on the discussion from the previous blog, we know that most businesses don’t end up being successful. People’s hopes in restaurants go up in smoke, people’s home businesses flop and attorneys involved in the same field of law as me either steal money and run overseas or end up committing suicide – or so the newspapers report quite consistently every 6 months or so. It is just funny to think sometimes that we are all within the same system – in other words, the owner of the business and the employees have the same laws that govern them, but no owner of a business will work out how to take 15 days’ leave plus 10 days’ sick leave plus three days’ responsibility leave and then ask for a half day for a family emergency, a bit of time off for this or that, etc – because if they do their children will not have food to eat at home.
I am actually quite fair in my views and sometimes I am quite torn between where I see countries have laws that are too harsh on employees that don’t give any benefits at all and no protection, but on the other hand when I look at the labour laws that we have in South Africa now for the last 20 years or so, nobody can say that they are working. You can argue that you like them, you can argue that the benefits are great if you have a job, you can say all of those things, but you cannot say that they have stimulated the economy, you cannot say that it has made a dent in the unemployment rate – you have to be honest and say, whether you like it or not, they have been a complete disaster for all those who do not have jobs. Those who do have jobs forget, quite often, that you pay in many ways for those who do not have jobs. You pay for a struggling economy in ways you may not think of.
You pay higher and higher taxes for social security for people who don’t have jobs, you pay security companies to protect your house because ultimately in countries with high unemployment you get much more crime. You have to pay for healthcare for all and a variety of benefits and services have to be spread across a relatively small percentage of a countries people if there is high unemployment – so those that do pay taxes, pay more than they would if there were more employed people and more people paying tax to begin with. It is a pity that business cannot get together with Government and say what needs to be done to try and change this vicious circle, to try and ensure when somebody is useless they can just be shown the door and not have to meet with advocates, have discussions, warnings, final warnings and then run off to the CCMA, etc, etc.
I have always said one thing, and it is something I believe in, and that is no good employee, other than in unusual circumstances such as sexual harassment, will ever need to go to the CCMA. I don’t believe that any of the top employees of my firm have ever even been inside the CCMA, let alone filled in any papers for a CCMA claim against anyone, because when you are good at what you do the boss will always look after you and if he does not, somebody else will steal you away. The best protection you can ever have, against unfair treatment, minus those freak situations, where there is discrimination or harassment, is to be competent because competence will always be your passport to anywhere.
Posted by Michael de Broglio on Friday 25-Aug-17
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Comments
Liz said:
on Monday 04-Sep-17 04:27 PM
What many people often forget is that working for someone is a two way street if you want to be treated fairly at work and enjoy various benefits, you need to earn them by hard work and dedication.
Jadine E said:
on Friday 01-Sep-17 07:07 AM
Being competent and determined will take you far in your career not only owning a business but the daily management thereof too.
Bianca R said:
on Wednesday 30-Aug-17 07:52 AM
Being competent, trustworthy and hard working will certainly ensure job security and also allows your employer to know that they can rely on you to do whatever is delegated and even the odd irregular task. I honestly do believe that hard work is always key to gaining and maintaining success, not only in terms of your career but also for your self-worth and you can always set a goal to work harder or take on more once you know you have the capability to work harder and harder. At the end of the day, everyone is capable of working hard, it comes down a choice or whether you want to or not.
Angelique Jurgens said:
on Tuesday 29-Aug-17 11:16 AM
It is a little demotivating. If you work hard you will end up paying more tax as you will earn more money. The country needs more money for social grants because the economy is not stable. People need medical care and all other basic needs that the rest of the citizens end up paying for. It is all a vicious cycle of people being punished for policies and governments who may overlook some thing or not even bother to look at other things. It makes little to no difference if people don't make an effort to try and change laws. If only everyone was actually competent - clearly not something easily taught.
Jadine Richards said:
on Tuesday 29-Aug-17 09:40 AM
Competence is key in all situations. Yes, as a child of business owners I see the negative affect that the blanket approach of the government / labour departments have on business in SA. Unfortunately, unless there is drastic change of policy, we will continue struggling along and keep been penalized because we choose to be ambitious and to work hard.
patrick said:
on Tuesday 29-Aug-17 08:32 AM
competence will always be your passport to anywhere' says it all for me. the idea is to always do the best on anything that you do. word f mouth of your performance will have the sky as your limit.
Michelle said:
on Tuesday 29-Aug-17 07:57 AM
The unemployment numbers for South Africa are ridiculously high. That is definitely why we have such a high crime rate. Other countries also don't have so much beggars and tramps like we do. Sometimes I wish we can help people who you can see is really struggling to survive, but it’s just impossible. I also fully agree with the last column stated in this blog.
Daniella said:
on Monday 28-Aug-17 11:40 AM
I agree that hard work pays off and you will then have Job security. I think also with the high unemployment rates, I don't think that it has anything to do with the people just sitting at home not wanting to work (which in some cases this is true), But in today's society it is extremely hard to find a job, especially for people that have just left school or finished their studies.
Alexis said:
on Monday 28-Aug-17 08:29 AM
Unless it is a seriously unfair dismissal - then no - you should not go to the CCMA. However, because of 'entitlements' they will go forth and pursue same even if they were in the wrong. I also find it unjustly at the fact that we have to pay so much for others whom do not even try. But the problem is, there are no jobs,
Angelique P said:
on Monday 28-Aug-17 07:22 AM
It's really so sad that there're so high unemployment rate in South Africa. We get so angry with people that does crime but what will you do if your children say to you that they are hungry and there’s nothing for them to eat? I'm not saying that its right to do crime but circumstances is so difficult that people will do anything just for some money.
Nikita said:
on Friday 25-Aug-17 04:58 PM
I think the best solution would be to make a law that everyone should be registered with SARS even if they earn under the tax payment bracket before they are allowed to vote. If you are a hard working citizen of this country and honest in your earnings you should reap the benefits. Perhaps that will keep the scruff from voting in a president that steals all the tax money we work so hard to pay. To think how much tax money we pay every year and to know that it is being misused is sickening.
nina said:
on Friday 25-Aug-17 12:03 PM
I think it takes a lot of courage to start your own business, especially with our terrible economy. Employees in our country can't complain at all with the labour laws that we have. I understand that employees needs to be protected in some sort of way, but I believe there is a complete abuse of the laws in our country and people do not realise that they are actually spoiled. In our country it is so much easier and less stressful to just work for someone else, instead of actuallt taking the massive risk to start your own company, although I think if you do take the risk and you are successful, it must be great!
Tamaryn M said:
on Friday 25-Aug-17 10:18 AM
I always said that I won’t practice labour law because I inherently disagree with most of them. I understand that this is contentious and it is not meant in the political stance that people tend to jump to whenever there is a discussion around SA employment laws. What I believe is if there is an employee who is not benefiting the establishment/employer they work for, who perhaps has no interest in what they are doing, why should that person be given chance after chance when there are a host of candidates out there, of all races, ages and sexes (given the unemployment rate) who would be willing to snatch up the position and work hard- and if they don't – an employer should be in a position to let them go, and give the opportunity to someone else. If indeed there is unfair discrimination or dismissal, then by all means approach the CCMA. But an employer should also be able to employ the right person for the job, and I’m sure there is pool of unemployed people more than willing to be that person - yet that position is not available because the existing employee is given chance after chance.
Jessica M said:
on Friday 25-Aug-17 08:39 AM
I find the laws to suck too, why must my taxes be used for people that don't want to work rather than building up better hospital's and better police to fight our crime. But no it goes to keeping people alive that don't want to add to the economy and they the ones you see striking and burning stuff down. But it will never change I guess we just have to accept it.
Jessica Apfel said:
on Friday 25-Aug-17 08:06 AM
Competency will amount to job security and added benefits for certain, but I do stand by my previous comment in that we need to have rigid employment laws in order to prevent exploitation and eradicate discrepancies of our past. As a third world country - we have to ensure that employees are safegaurded. Yes, you wouldnt need to exhaust these laws if you are a great employee - but that does not mean to say that there arent unscrupulous employers within SA that will take advantage, irrespective of how good you are! Within a country like SA where corruption is rife and it is all to easy to take advantage - these safegaurds are mandatory.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
