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Jan du Toit is available to employers for cuts, as well as for disciplinary investigations and CCMA questions. His email address is We employ more than 50 people and plan to lay off at least 10 employees based on the company`s operational requirements. (Employers who provide accommodation or other benefits in kind to employees are advised to enter into a written agreement with the employee on the value of accommodation or other benefits in kind.) If, in the event of dismissal or dismissal, an employee is entitled to an amount relating to the period during which the employer is required to inform the employee of the separation from service, in other words, the employer shall pay the employee an amount equal to the salary that the employee would have earned if the employee had worked during the entire notice period, the amount (cancellation fee) is not eligible for the exemption within the meaning of subsection 7A(4A) or 10(1)(x) of the Income Tax Act. Considering the questions asked by employers and workers about the cuts, it seems that there is a lack of understanding of workers` rights within the meaning of Article 189/189(a) of the Employment Relations Act and the Basic Conditions of Employment Act. Some employers have the impression that firing a worker is as simple as terminating the employment relationship on the basis of the company`s requirements. Another common mistake is to selectively designate “problem” employees for the discount, rather than using a fair selection criterion such as the LIFO (Last In First Out) principle recommended by LRA. In the absence of agreement on the selection criteria, the criteria must be fair and objective. The LIFO (last in first out) principle is often used, but is not the only consideration. Employees with key qualifications can be retained and a poor track record can be taken into account. – a value agreed either in a contract of employment or in a collective agreement, provided that the agreed value cannot be less than the costs incurred by the employer for the granting of benefits in kind, or if the employee concludes an agreement with his employer on dismissal, non-claim for unfair dismissal and no additional wages in exchange for the payment of a set of reductions which includes his severance pay, vacation, other salaries and additional benefits. With the acceptance of the voluntary offer of discounts, an agreement enters into force. Voluntary cuts are an alternative to forced cuts.

A voluntary reduction means that an employee is accepted or terminated voluntarily and therefore waives any right for which he/she has the right to refer an unjustified dismissal dispute to an external forum after the termination of his/her services. In return, the employer offers the worker additional payments or benefits compared to what is legally due to the worker. One. Yes, as long as the worker can prove that the employer initiated the voluntary offer. In Hodges v Urban Task Force Investments CC and Others (JR840/12) [2013] ZALCHB 295 (7 November 2013), however, the Labour Court held that a worker could not waive his rights to fair dismissal in return for payments legally due to the worker. . . .

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