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Employee-Contract-Update

Organisers

Marlene De Lorme
Phone
0117066009
Email
marlene@knowres.co.za
Website
https://kr.co.za

Local Time

  • Timezone: Europe/Paris
  • Date: 04 - 05 Aug 2021
  • Time: All Day

Next Event

Date

04 - 05 Aug 2021
Ongoing...

Time

All Day

Fee

R4,000

Employment Contracts Update Online Workshop

Sticky Issues and Changes to Terms & Conditions for the New World of Work

Introduction

  • In the new world of work, most employers will have to adjust and adapt to fresh demands and realities, and conclude legal agreements with their employees to such effect.
    Contracts and letters of appointment will have to be reworked and amended to incorporate new terms, or to amend existing ones, inclusive of policies and procedures.
  • Work from home (WFH) special conditions will require amendments to incorporate working remotely as well as to make provision for new issues that have become prominent since the onset of the pandemic.
  • In addition, contentious and difficult issues and contract clauses related to various facets of employment, inclusive of salary reductions, repackaging of benefits, medical testing, vaccinations, penalty clauses, wfh and constitutional privacy, as well as electronic surveillance, will be concisely and professionally dealt with.

Workshop Structure

Elements & structure Commercial basis of the contract

  • Commercial basis of the contract
  • Duties and obligations
  • Key performance areas (KPA’s)
  • Permanent contracts
  • Temporary contracts
  • WFH contracts
  • Formation & conclusion of contracts
  • BCEA Section 29 requirements
  • Employment Policies and Standard Operating Procedures

Applicable legislation

  • LRA; EAA; BCEA provisions
  • POPI; RICA provisions
  • OHSA; NHA provisions
  • COVID-19 protocols

Contract administration: changes to terms & conditions and/or new contracts

  • Contract of employment revisions & classification standard (non-contentious) clauses from dynamic clauses
  • Assessment of existing employment policies
  • Employee duty to adapt to change
  • What can be changed without agreement & which changes are subject to agreement
  • Introduction of new contracts, amendments, or additions to existing contracts- compliance process and procedures
  • Employee communication and consent documentation
  • Other means of amendment – “ultimatum” changes

Identification of current employment contract issues

  • Some 20 contentious (“sticky”) employment contract situations are dealt with by reference and case studies
  • Correspondingly, an appropriate contract clause is proposed for each situation, sufficiently flexible for customisation

Dispute procedures

  • LRA section 187(1)(c) changes: matters of mutual interest
  • LRA section 64(4) unilateral changes
  • BCEA section 77(3) contractual disputes
  • LRA section 189/189A retrenchment proceedings
  • Internal grievances

Putting it all together

  • Decide on changes and list subject matters for amendment
  • Draft ideal amendment clauses
  • Design implementation strategy
  • Employee consultations and agreements
  • Implementation of amended clauses, or new contracts, policies and procedures

What you will walk away with

  • A comprehensive workbook
  • Sample contracts and clauses
  • Applicable policies and procedures, inclusive of a WFH policy
  • 20 ideal contractual clauses for inclusion in new or amended contracts
  • Real case studies
  • Email responses from the facilitators after the Workshop in order to answer specific delegate questions
  • Certificate of competence issued to all delegates that complete the course, inclusive of delegate assessment

Who should attend?

  • IR/ER managers and specialists
  • Business owners
  • Line managers
  • HR management
  • WFH specialists
  • Trade union officials
  • Labour and commercial lawyers
  • Consultants
  • NGO’s
  • Entrepreneurs

ABOUT THE FACILITATORS

Jan KEMP Nel (Snr.) BA, LLB (UP) and Dip LR (Unisa)
Jan Kemp Nel (Snr), BA, LLB (UP) and Dip LR (Unisa), has extensive experience of the dynamics and practices of employment and labour relations law and is a specialist in contract of employment law, in which he has been specialising for over the last 35 years. During this time, he was involved in a multitude of both CCMA and Labour Court cases and skirmishes, trials and settlements representing employers, employees and trade unions alike. He has also developed and introduced strategies and systems designed for optimal quality in employment relations generally. He advocates and practices a preventative structured approach, recognising that conflict is inherent but that conflicts can always be resolved. Jan is also the author of The Dismissal: A Practical and Informative Toolkit to Ensure a Fair and Effective Dismissal, and Win at the CCMA: An Easy Step-by-Step Guide, as well as a book on practical absenteeism strategies Reduce Absenteeism.

Jan KEMP Nel (Jnr.) Admitted Attorney of the High Court of South Africa, LL.M degree
Jan is a passionate and energetic new generation Attorney. He is also a labour law specialist, and an Admitted Attorney of the High Court of South Africa. He holds an LL.M degree. Having spent the last few years gaining invaluable experience in areas such as litigation, commercial transactions, labour relations, and sports law.

Registration Fees (excl. VAT)

KR Community Members:  R4 000.00
Non Members:  R5 000.00

Minimum of 5 people per course and maximum of 25 people • Registration fee excludes VAT.

REGISTER FOR THIS EVENT

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