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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.

Company Posts

4 Ways to Stop Worrying in 2019

If you’re a bit of a worry-wart, you have to acknowledge this and get proactive about managing your stress, anxiety and worrying levels. Here’s how.

Fedhealth

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What if I can’t complete that piece of work in time? What if my home gets burgled while I’m on holiday? We all worry – some people more than others. A few of these worries are genuine concerns, but most are completely out of our control and are most likely never to materialise.

But still, they occupy our minds. And with the digital world now occupying even more of our time, we’ve been given even more material to worry about. Famines in far-away countries, children orphaned by a flood, if we simply turn on our TVs or look to social media, we can become completely overwhelmed by what we see. And it’s making us all desperately unhappy.

So, what do we do? If you’re a bit of a worry-wart, you have to acknowledge this and get proactive about managing your stress, anxiety and worrying levels. Here’s how:

Monitor and limit social media

social-media-management

We all know our phones are an addiction. And scrolling through Twitter or Instagram, you can compare your life to everyone else’s and add another huge worry to your ever-growing list: I’m not good enough/my life sucks. Which is why there’s a growing trend among Generation X-ers (and even some Millennials), to quit social media altogether.

“It was like breaking an addiction for the first few days, where I felt I was missing out, but after a few weeks I realised that the world carries on, and I was still in touch with those people I actually wanted to connect with. I felt lighter and happier,” says Caryn White*, a mother-of-two and small business owner. If you can’t quit social media for work reasons, then take it off your phone, and only access it on your desktop at specific times of the day.

Limit news

We’re not advocating sticking your head in the sand: just limit which channels you absorb news from, and how often you do it. The last thing you need is to open up your phone on waking up and read about the latest catastrophe, which you are powerless to do anything about.

Pick a few trusted news sources and check them at specific times. Avoid the news on the radio in your car; rather listen to fascinating audio books or podcasts that lift your mood instead of making you worry.

Assumption or fact?

This simple concept is incredibly helpful when faced with a worrying situation. Your child has a strange rash, you’ve Googled it and you’re pretty sure it’s chickenpox. Now the whole family is going to get it, you’ll miss work, your boss will be angry, and you may lose your job. Is the fact that your child has chicken pox an assumption or a fact?

Is losing your job a fact or an assumption? They’re both assumptions. So, take your child to the doctor, get a proper diagnosis and then take the next steps from there (a good medical aid can also help ease the stress of the financial cost of doctors’ visits). This approach is a simple way to deal with worries that start to spiral out of control in your mind.

Write them down

Worrying can seem insurmountable if it’s all in your head. Instead, try this strategy from Qualified FAMSA Counsellor Lynette Blomfield:

  1. Take a few deep breaths with your eyes closed, until you calm down.
  2. Once you’re calm, write down the five most stressful things on your list. It could be increasing expenses, like a huge jump in medical aid costs per month.
  3. Brainstorm what you could do to change or eliminate the worry/problem (maybe you can move to a medical aid company that charges less each month?). If necessary, ask a good friend or colleague for advice.
  4. Focus on making progress, not ticking all your worries off and striving for ‘perfection’.
  5. Stay on course and come back to your list regularly.

Dealing with worrying is about being proactive. You’re the only one that can begin the process of reducing anxiety, so now’s the time to take some steps. If you don’t know how to begin doing this on your own, it may be best to see a qualified counsellor or therapist to get you started.

*name has been changed

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Cash Flow

Benefits Of Automated Cash Management

Every entrepreneur knows that cash is the lifeblood of a business, but few realise that the way one manages cash, can be the difference between success and failure.

Cash Connect

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Automated cash management has become a vital component of every cash-centric business, particularly in the retail trade. As much as the use of credit cards and online banking is encouraged, consumers remain sceptical and nervous of internet fraud and cybercrime and continue to prefer hard cash as the primary means of transacting.

The days of physical cash are not numbered. Current cash in circulation is approximately R140 billion, having grown from R119 billion in 2014, according to the South African Reserve Bank and according to a recent banking report, cash represents close on 90% of all transactions in South Africa.

If you run a business, some of this cash will find its way into your cash register (or, heaven forbid, the envelope you hide in the fridge until you make the trip to the bank). As a business owner, it is your responsibility to keep your cash safe, not just in the interests of profitability, but in the interests of the welfare of staff and customers who could be caught in the cross fire of armed robbers who almost always, get to know what you have been up to!

According to Richard Phillips, joint CEO of Cash Connect Management Solutions, cash automation is the way to go. “Automated cash handling saves money and time, allowing retailers to focus on their core business and greatly improves their risk profile,” he says. And don’t think your enterprise is too small to automate, as cash, whether small or large in volume, remains high on the criminal agenda.

But the real commercial advantages of cash automation are often hidden by safety and security considerations. The advantages of an automated cash handling solution are and should, do much more than giving your cash a safe ride to the bank. Just have a look at what the Cash Connect solution, arguably the most advanced of its kind in the local market could do for you:

1. Increased business efficiency

Bill Gates once said that automation applied to an efficient operation will magnify the efficiency. It is certainly true for automated cash management. It’s fast, accurate and error free. It eliminates all staff touch points associated with manual reconciliations and banking, which gets rid of shrinkage and double count supervision. It lowers insurance and other overhead and back-office costs, along with your exposure to crime, both in store and en-route to the bank.

2. Improved cash flow

With the right solution, your cash will reflect in your bank account on the same day that the cash-in-transit company collects from your premises. Cash Connect goes even further with its Instant Access feature, which allows access to the cash while still in the vault, converting the retailers’  cash into value whenever they need it.

3. Business continuity

Cash Connect guarantees the cash from the time it is deposited into the cash vault, whilst in transit and until the cash reflects in your bank account. This means that from a cash flow point of view, your business can not only survive most crises, but that business continuity is guaranteed.

4. Cost savings

In a manual cash handling environment, the combination of all the elements required to give effect to realising value in one’s bank account will vary with the actual monthly cash turnover; But on R1,5 million of cash receipts a month, the cost will be somewhere in the region of 135 basis points.

A corresponding integrated automated cash management service will cost in the region of 70 basis points.

As a matter of interest, card transactions cost the retailer anything between 300 and 500 basis points – reinforcing why, for the retailer, cash is the preferred medium of payment.

5. Access to alternative funding options

Imagine applying for a business loan, getting funding approval in one hour and having R1,8 million paid into your bank account within 24 hours. Far from a pipedream, this is what Cash Connect recently did for one of its retail supermarket clients under its Cash Connect Capital offering. You too can get fast, flexible, hassle-free, and unsecured growth finance when you need working capital to boost your business.

Having grown Cash Connect from an entrepreneur’s start-up to the success it is today, the Cash Connect team remains driven by the desire to empower and enable South Africa’s SME community and retail sector, by creating a trading environment that takes businesses from a place of safety to a place of growth.

And in today’s modern world, that is exactly how entrepreneurs should think about cash management solutions and how they can improve business efficiency and cash flow.

free-cash-management-consultation

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Business Landscape

How To Get A Tax Clearance Certificate In South Africa

This post is for you if you need a Tax Clearance Certificate from SARS. We explain everything you need to know about Tax Clearance Certificates in South Africa: from why you need one to apply for most Tenders, Contracts or RFQ’s to how to get yours as quickly as possible.

Company Partners

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When applying for Tenders, Contracts and RFQ’s in South Africa, chances are you need to submit a Tax Clearance Certificate. In this piece we’re explaining the why, the how and the where on getting a Tax Clearance Certificate in South Africa.

We’ve asked our team of specialists at Company Partners to answer frequently-asked questions they get from South African entrepreneurs on Tax Clearance Certificates. Company Partners is a local company who specialises in fast-tracked company documentation like Tax Clearance Certificates.

Here are the questions SA entrepreneurs have on Tax Clearance Certificates and our expert’s answers (you can just skip to the FAQ’s you’re interested in):

  1. The definition of a Tax Clearance Certificate
  2. Why do I need a Tax Clearance Certificate for Contracts, Tenders or RFQs?
  3. How to get a Tax Clearance Certificate in South Africa
  4. Where to get a Tax Clearance Certificate
  5. Is a Tax Clearance Certificate compulsory in South Africa to apply for Tenders?
  6. The fastest way to get a Tax Clearance Certificate in South Africa.

Expert tip: if you’re interested in getting a fast-tracked Tax Clearance Certificate, just call Company Partner’s toll-free number 0800 007 269 or visit their Tax Clearance Certificate page here.

1. The definition of a Tax Clearance Certificate

A Tax Clearance Certificate is essentially a piece of official documentation that your business can get from SARS as proof that you have no outstanding Tax at SARS. Having a Tax Clearance Certificate in South Africa means your business is in good standing with SARS.

Related: What Should I Know About Dealing With Tax When It Comes To My Business?

2. Why do I need a Tax Clearance Certificate for Contracts, Tenders or RFQs?

You want to partner with credible companies, right? The same goes for companies looking for contractors. That’s why companies want to check if their potential contractors are in good standing with SARS.

You cannot skip your SARS payments and get a Tax Clearance Certificate. You need to “clear” all Tax matters first before you can get the certificate.

In short, that’s exactly why you’ll see most Tenders, Contracts or RFQ’s asking you to provide a Tax Clearance Certificate in your applications/bids. It’s essentially a form of administrative security to ensure you don’t have bad debt with SARS.

3. How to get a Tax Clearance Certificate in South Africa

SARS is the only entity who can issue legal Tax Clearance Certificates in South Africa. However, there are various way to get a SARS-issued Tax Clearance Certificate.

The first method is using eFiling and navigating SARS’s e-portal by yourself.

The second is queuing at a local SARS branch.

The third, and the easiest method is asking a Tax Professional to assist you. This can either be a Tax Accountant, or a fast-tracked company service provider like Company Partners. They have a team of Tax Experts who communicate directly with SARS on your behalf.

Their team specialises in assisting South African businesses to get their SARS-issued Tax Certificate as quickly, and with as little effort as possible.

This is one of the easiest methods to get your Tax Clearance Certificate simply because you don’t need to figure out what, how and where you need to submit your details and the required documentation. Company Partners knows exactly what SARS wants – and also how and where they want it.

This process is also much faster and easier because it’s online and completely rules out queuing and unclarity.

south-african-tax

4. Where to get a Tax Clearance Certificate

As mentioned in the previous answer, there are three ways to get a Tax Clearance Certificate. Although all three approaches entail a SARS-issued Tax Clearance Certificate, the third way is by far the easiest and the fastest.

The first method is applying online and DIY via SARS’s eFiling site. This might be complicated and time-consuming if you don’t know exactly what documentation you need to submit and in what formats.

The second method is visiting a local SARS branch for assistance.

The third option is using a Tax Accountant or a professional service provider like Company Partners.

Related: 7 Direct And Indirect Taxes You Should Consider Before Registering Your Business

The Company Partners process is simple: 

Step 1:  

Sign up for their Tax Clearance service here. A dedicated expert will give you a call and walk you through everything. Alternatively, you can call them directly on their toll-free number 0800 007 269.

Step 2:

Follow the easy steps your dedicated Consultant gives you telephonically and via email. If you need any assistance, just contact your Consultant.

Step 3:

They make sure you get your Tax Clearance Certificate in record-breaking time. It’s as simple as that.

5. Is a Tax Clearance Certificate compulsory in South Africa when applying for Tenders?

Usually, yes.  Any credible company or government institution will probably request a Tax Clearance Certificate.

A Tax Clearance Certificate issued by SARS is the only proof they have that you don’t have any outstanding debts payable to SARS.

6. The fastest way to get a Tax Clearance Certificate in South Africa

The fastest way to get a Tax Clearance Certificate in South Africa is using a professional to assist you. Before you opt out in fear of the associated cost, there really are cost-effective options for you.

You could use a part-time Tax Accountant to assist you or you could use a service provider like Company Partners. At Company Partners they specialise in offering online and fast-tracked company administration.

Using a professional cuts out the time you’re going to spend queuing at a local SARS branch or trying to figure out what and how you need to submit the required documentation.

You can call Company Partners on their toll-free number 0800 007 269 to start.

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