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Time Is Money – And The Labour Law Is Clear On That

As CRS Technologies explains all overtime is voluntary and may only be worked by agreement between employer and employee.

CRS HR And Payroll Solutions

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The Basic Conditions of Employment Act (BCEA) sets the fundamental conditions of service for all employment situations, ranging from the domestic to, with variations, the industrial.

When it comes to hours worked per week in business, particularly overtime, the BCEA is precise – the maximum normal working time allowed is 45 hours per week, any overtime is voluntary and may only be worked in agreement between employer and employee.

Nicol Myburgh, Head of HR Business Unit at CRS Technologies, an HR and HCM specialist services provider, offers a broad perspective on the matter and the company’s view, which, as he explains, is only a guideline.

Myburgh says there are terms and conditions that have to be taken into consideration – including the fact that the above regulation excludes lunch breaks. “Lunch breaks are, by law, not defined as working time and will therefore be unpaid,” and does not mean the employee must work 45 hours per week normal time.

Related: Master The Ins And Outs Of South Africa’s Labour Laws

“The normal working hours are determined by mutual agreement between employee and employer, in this aspect the act only provides the maximum limit of 45 hours, and does not mean the employee MUST work 45 hours per week normal time. The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week normal time,” says Myburgh.

Labour legislation is also clear on overtime, defined as time worked in excess of the normal working hours.  “The maximum permissible overtime is three hours per day or 10 hours per week. The employee must be paid at one and a half times his/her normal wage rate except for Sunday work and work on public holidays, which must be paid at twice the normal wage rate. The employees aren’t necessarily paid for overtime, instead by mutual agreement, they can be granted time off in lieu of payment calculated by the same formula mentioned above,” Myburgh continues. 

By mutual agreement

However, this segment of the law is only applicable to employees earning below the earnings threshold, as determined by the Minister, and is currently R205 433,30.

As CRS Technologies executives explain, overtime payment or time off in lieu thereof for employees earning above this threshold is not compulsory, but rather a mutual agreement between employer and employee.

Employees earning above the threshold for overtime who are not compensated by employers have the right to refuse to participate in overtime work.

While it is true that each industry has its own variations and is governed by specific dynamics, legislation regulating overtime is applicable irrespective.

“No employee may work more than 45 hours per week normal time and the no employee may work more than 10 hours per week overtime. However, while the BCEA sets the fundamental minimum rules, there are legislated variations based on sectoral or industry operational requirements.  A sectoral determination, a Bargaining Council Main agreement or a union agreement, etc. may bring about variations on the conditions mentioned above since these documents are viewed as extensions of the act.  These are known as delegated legislation,” says Myburgh.

Related: What The Law Says About Employee Leave And Absence

CRS Technologies refers to the security industry as an example.The company explains that Sectoral Determination 6: Private Security Sector, regulates among other conditions the maximum normal working hours to 48 hours per week for a security officer.

“…And the Metal and Engineering Industries Bargaining Council regulates the conditions for employees operating in the industry, among other conditions the ordinary hours of work shall not exceed 40 in any one week for employees on day shift and/or night shift or employees working on the two and/or three-shift system,” Myburgh explains.

A further example is the retail industry, where overtime provisions allow for extended shopping hours.

CRS HR & Payroll Solutions is a provider of services and solutions to the Human Resources and Payroll markets in Africa in general and South Africa in particular. Established in 1985, the company has served as the premier provider of HR systems, solutions and remuneration products to business across expanding market segments. Our product portfolio encompasses everything the decision maker in business requires to support the rollout of an effective HR and payroll strategy. The company’s foremost reputation as a reliable service provider and trader in rapidly expanding market segments and to blue chip companies is underpinned by its affiliation and partnership with a number of respected, industry-regulatory bodies. CRS is a signatory to the Information Technology Association (ITA) and a member of the Payroll Authors Group of South Africa. It is also a member of the South African Payroll Association, South African Rewards Association and the Institute of People Management. Its expertise and business acumen within these mission-critical aspects of business management have ensured that it remains an ultra-competitive, secure and unrivalled market performer. CRS provides a service to numerous countries throughout Africa, including Egypt, Kenya, Nigeria, Namibia, Botswana, Swaziland, Lesotho and Mozambique. The continent is viewed as being a thriving, high-growth market and one that the company will continue to add value to.

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Nedbank’s Full Service Offering for Franchise Owners

Nedbank Franchising

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Nedbank Franchise Offering

Prithivan Pillay, National New Business Development Manager on Nedbank’s offering for Franchise owners.

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How The Sanlam Enterprise And Supplier Development Programme Is Helping Start-up Businesses

The balance between funding, business development and mentorship can make or break an enterprise development programme

Francois Adriaan

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Sanlam Enterprise and Supplier Development

165 new employment opportunities, 172 SMEs developed and 1046 jobs sustained. These are some of the numbers recorded by Sanlam as the company prepares to wrap up the fourth year of its Sanlam Enterprise and Supplier Development (ESD) programme.

The flagship incubation scheme has turned around loss-making enterprises, helped some participants get critical accreditation and funding, but most importantly, R12.6 million was spent procuring goods and services from the participating businesses by the end of 2016.

Related: Enterprise Development Programmes For Black Entrepreneurs

Receiving funding isn’t the secret to start-up success

Francois Adriaan, head of Sanlam Foundation says the secret to a successful enterprise development programme is not the amount of funding big corporates can give SMEs: “It’s having the right mix of mentorship; business intervention and procurement spend flowing from your corporate to small businesses.

You have to show the entrepreneur you are mentoring that you trust them enough to do business and walk the journey with them instead of giving them a once-off grant and leaving them to their own devices,” says Adriaan.

Financial support that’s timed to business need

Like in many other ESD programmes, participants in the Sanlam ESD programme also have access to funding. But what sets the programme apart from others, says Adriaan is that the amount of funds disbursed to each participating businesses is directly linked to its need, its commitment and progress record.

“Financial support is timed according to the specific needs of each SME. Those who qualify for funding are then provided with a further seven years of SME growth support through the ASISA Enterprise Development Fund.”

The Sanlam ESD programme

The Sanlam ESD programme was launched in July 2013 in collaboration with the Association for Savings and Investment South Africa (ASISA) to empower SMEs, create jobs and contribute to economic growth in South Africa. An independent evaluation shows that participating enterprises have grown their annual revenue by 19% on average.

D&P Auto participants

One of the programme participants is D&P Auto, a panel beating business based in Retreat. For two decades, the owners of the business (husband and wife) poured their life savings, bank loans and even pension policy pay-outs into the business to keep it afloat because it was not making profit. Three years of focused business incubation and mentoring under the Sanlam ESD programme resolved D&P Auto’s 20-year loss-making battle.

“Our business has grown from a non-profitable business to the extent that we now have to pay provisional taxes to SARS for the first time in 24 years,” said Pam Douglas on their business maiden profit.

Successes of the incubation programme

The incubation from the programme has helped other participants brush up their bookkeeping skills, file successfully for tenders and get accreditation that took their businesses to the next level.

G&T Auto, the only fully accredited Major Structural Repairer in the programme, bagged Mazda accreditation last year, a rare accolade that will see the enterprise repair Mazdas that are still under warranty. The owner, Thembi Sithole says the programme has given her confidence to approach bigger clients as she now understands the requirements to get big contracts. She has also become more knowledgeable about financial statements and their impact on obtaining funding.

Related: Why Employee Engagement Programmes Backfire And What You Can Do About It

Adriaan says enterprise development initiatives of this nature give big corporates an opportunity not only achieve their business objectives, but also impact broader South African society.

“This commitment is around impacting issues of inter-generational poverty, unemployment and inequality. It is also about aligning around public-private-civil society partnerships in sustainable ways,” concludes Adriaans.

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The Rise Of Digital In Shaping Business Terrains

There is pressure for businesses to become agile with many being pushed to innovate rapidly, and those that fail to adapt being blind-sided and left scrambling to survive.

ACCA

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The rise of digital is influencing the direction and conduct of business, large and small. It is challenging how entrepreneurs and their advisors, including finance professionals, produce and consume data.

The shift towards digital is transforming channels to market, customer preferences are shifting, product and service lifecycle is shortening and competition is merging from unexpected sources.

There is pressure for businesses to become agile with many being pushed to innovate rapidly, and those that fail to adapt being blind-sided and left scrambling to survive.

This changing business landscape is exerting pressure on CFOs and finance professionals to capture, measure, report and predict future performance in real time to support better decision making and business growth.

Related: Africa Rising: Contemporary Culture Revolution Presents Huge Digital Opportunities

It means capturing data at a granular level, processing massive amounts at the same time and visualising them to decision makers in real time through dashboards. This demands a massive shift in the CFO role to be a strategist, technologist and influencer.

ACCA has been championing research to understand the impact of digital on businesses, how emerging technologies are reshaping the economy and the impact on the finance profession. Research has identified the need to ensure that the shift towards digital is implemented as part of a broader transformation journey with clarity on how customer value is created, and how that is likely to change in the future.

Analytics, cloud, collaboration and robotics process automation (RPA) have been identified as the four pillars driving the rise of digital and bringing significant changes to how business is conducted, and will be conducted in the future.

Analytics is being spurred by the huge volumes of data generated inside and outside the organisation which is making it possible to inform evidence-based decision making.

Both businesses and consumers are generating tremendous amount of data that is easily accessible, whether free or paid, and capable of being analysed to extract insight. The rise of new technologies has made it possible to analyse huge volumes of data of all shapes and sizes including text, numbers, pictures etc in real time.

It’s making it possible for businesses to track sophisticated but useful key performance indicators. It is challenging the CFOs to understand the drivers of value, track performance and influence decisions.

A huge enabler of the shift towards digital has been the emergence of the cloud and the plethora of online applications accessible from anywhere in the world. The cloud has made it possible for small business to play in the big league without having to make the huge upfront capital investment normally associated with legacy systems. Cloud has made it possible for any business to have access to the very latest technology whether it is developed in Silicon Valley or Cape Town.

It has also transformed costs that were traditionally considered fixed into variable costs because of the revenue models of cloud based solutions. It has removed technology as a barrier to entry, creating competition and new possibilities. Business is driven by technological wave to think differently about business models, pricing and how to deal with competition.

The emerge of powerful online collaboration tools and applications, supported by improved access to broadband, has revolutionised how teams work together and made the gig economy a viable option.

Teams do not need to be housed in the same physical location to work together thereby lowering costs such as office rental and making access to skilled professionals more accessible and affordable.

Businesses can collaborate with advisors, such as accountants, online reducing consulting costs without comprising access to professional advice. On the other hand, professionals can service a lot more clients from the comfort of their office eliminating the need to frequently travel to client premises.

An emerging trend across the globe is the emergence of robotic process automation (RPA) to reduce process costs, increase control and standardisation.

While there may be moral questions around robots taking away jobs from humans in an economy with rising unemployment, the adoption of RPA can allow businesses to upscale rapidly and service more clients with the same number of resources.

While the financial services industry have taken the lead in the South African market, there is space for many industries and businesses of all sizes to adopt RPA.

Related: How To Thrive In The Face Of Digital Darwinism And Technology

The expected decline in technology costs will most likely make the cost benefit analysis tip in favour of RPA. It will challenge the world of business to streamline and standardise business processes and up skill staff.

Recent research indicates that even employees of SMEs and entrepreneurs see some good opportunities for innovation through technology. Whilst decision makers in the companies agree that technology will enable accounting and finance professionals to focus on higher value added activity.

The move towards digital raises the obvious questions around cyber-security and data protection especially customers and employees’ private information. Performing appropriate due diligence on potential partners, either for cloud or on-site options, is key as the consequences of a security breach could be fatal.  A recent example South African example is the breach of 30 million records containing sensitive information such as ID numbers‚ names physical addresses and property ownership details.

Businesses need a resilient cyber strategy to thwart and contain possible threats.

The rise of digital is here and the impact on businesses and the finance professionals will continue. What is certain that those who want to survive and remain relevant will have to adapt, fast.

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