August 2012
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HRTorQue REPORTER

Can you dismiss an employee for posting comments on Facebook?

Author: Melany Bydawell
Employees are to take care in posting information on Facebook that is inaccurate and may result in bringing the name of the employer into disrepute.

Postings that include references to the name of the employer, its employees and which contain defamatory, untrue information would be regarded as a serious transgression from an employer's perspective. This would be aggravated if the 'friends' on the social media platform were clients or associates of the employer. In addition, whatever employees may post about an employer personally on Facebook must also be true and factual. If it is not, they can be dismissed for slander and bringing your organisation into disrepute.

Finding a Coach

Author: Iole Matthews
How do you find a coach who is just right for you?

Even as little as five years ago, coaching was seen more as a luxury afforded only by senior managers in large corporations. Increasingly, people across the board are seeking professional coaching for all manner of issues. So how do you find a coach who is just right for you?

First of all make sure that coaching is the correct option - not all problems are coach appropriate. Depression, anxiety, deep-seated family issues - these are the realm of psychotherapists. A reputable coach will tell you to seek other options if your needs fall out of the scope of their training.

Ask around. Almost half of clients find their coach through word of mouth, according to the International Coaching Federation. If a coach has worked with and helped somebody you trust, that's a good place to start.

Look for a certified coach. While South Africa does not yet require certification for a coach most good coaches will belong to a recognised body, either local or international. COMENSA - the Association of Coaches and Mentors South Africa - is a good start.

Be specific about your objectives. Since time is money, be clear on why you're there. Most coaches have some areas of specialty, either as life coaches, small business coaches, career planning etc. Find one who meets your needs.

Ask how they'll work with you. Many organisational consultants are expected to provide you with answers without necessarily involving you in the solution. That's not coaching. A skilled coach will engage you in dialogue, give you a new look at an issue, and ultimately let you decide what's best.

Look for chemistry. Once you have found a coach you like on paper, have an introductory session. Do you feel comfortable? Coaching is essentially a relationship and you need to feel relaxed enough to have honest conversations about both your strengths and weaknesses.

And in the end, trust your instincts when deciding whether or not the coach truly understands who you are and what you need.

For more information contact Iole on 083 459 3302.

Employment Equity Policy Updated

Author: Melany Bydawell
We have recently updated our Employment Equity Policy. If HRTorQue has customised a Policy Manual for your organisation and you would like the updated policy, please contact Nicky Hardwick on [email protected].

Bi-Annual Submissions 2012

Author: Karen van den Bergh
In 2010, SARS implemented a bi-annual EMP501 reconciliation for all employers. Together with the EMP501 reconciliation for March to August 2012, SARS requires that you prepare and submit bi-annual IT3a's and IRP5's. The certificates are merely for reconciliation purposes and not to be issued to the employees.

SARS has insisted that every employee has an income tax number. The filing season opens on 1 September 2012 and closes on 31 October 2012. Don't be late with your submission, there is a penalty of 10% of the total PAYE liability for the period for a late submission.

For HRTorQue payroll clients, we are excited to say that we have a new and easier way of registering your employees for income tax numbers and you will be receiving correspondence in this regard shortly. We will be extracting and submitting files for testing as soon as your August payrolls are closed, to be ready for submission during the filing season.

If you wish to outsource your payroll to HRTorQue, please contact [email protected] for a quotation.

Official Rate of Interest for Loans

Author: Karen van den Bergh
Official Rate of Interest for Determining the Fringe Benefit Value on Low or Interest-free Loans

Effective 1 August 2012, kindly note that the Official Rate of Interest for determining the Fringe Benefit value on low or interest free loans provided to Employees is now 6.0%. This change is due to the SA Reserve Bank's decision to reduce the repo rate to 5.0%, effective 20 July 2012.

The Official Rate of Interest calculated is based on the repo rate (currently 5.0%) plus 100 basis points - therefore 6.0%.

Are you Employment Equity compliant?

Author: Nicky Hardwick
Would you pass a Labour Inspection - fines up to R900 000?
Are you confident that this being done correctly within your organisation?

We have reached that time of year again when Employment Equity becomes a priority and labour inspectors come knocking on your door.

As a designated employer you are required to comply with the following:
1. Submit Employment Equity Reports and Income Differential statement by the 1st October 2012.
2. Assign a Senior Manager to manage and implement Employment Equity in the company.
3. Establish a Consultative Forum and meet on a regular basis.
4. Prepare, implement and monitor an Employment Equity Plan.

Are you confident that this being done correctly within your organisation? Would you pass your labour inspection? With fines of up to R900 000, would you not want to be sure?

Let HRTorQue assist you with your employment equity requirements. Email [email protected].

Official Interest Rate - South Africa

Author: Karen van den Bergh
The new "Official Rate of Interest" published on the SARS website www.sars.gov.za for calculating fringe benefits has been reduced from 6.5% to 6% with effect from 1 August 2012. If you are a payroll client of HRTorQue's, your payroll parameters have been amended already.

Contact [email protected] for any payroll or related queries.

Registering your Domestic for UIF Purposes

Author: David Beattie
We have recently had a spate of queries relating to the registration of domestic workers for UIF purposes. In many of these cases, employers have been negligent in the management of the UIF affairs relating to their domestic workers and it is just a matter of time before they are tackled by officials from the Department of Labour. It is therefore imperative that employers deal with this issue as a matter of urgency.

The labour relationship between employer and domestic worker is specifically covered by Sectoral Determination 7. This document is available on the Department of Labour's website (www.labour.gov.za) and is certainly worth perusing as it covers all the important issues and contains all the documents that an employer would need to take note of, or use, when managing this relationship.

The first step in this process is registering the domestic worker for UIF purposes. The document that needs to be used is a UI 8D. This document provides the Department of Labour with the employer's personal and residential details. The second document that must be completed is the UI 19. This document confirms the personal details of the domestic worker and the applicable rate of pay. These forms must be submitted together to the employer's local Department of Labour.

Once notification is received that the employer has been registered for UIF purposes, the employer must decide whether they intend to make monthly or annual UIF payments. It is certainly much easier to make these payments annually. If the employer chooses to go this route they are required to write to the Department of Labour requesting authorisation to do so.

If this permission is granted, the employer will be required to submit a return and make a payment for the period 1 March to 28 February by 7 March (7 days after the end of that period). If the employer decides to pay monthly, their return has to be submitted by the 7th of the following month. Under either option, the information is submitted on a UI 7 form. The employer must reflect both the employers 1% and the employees 1% on this document. It is advisable to fax the return with the proof of electronic payment to the Department of Labour. Alternatively, hand-deliver the return with the proof of payment attached to your local Labour Office. It is imperative that the employer retain a copy of the return and proof of submission.

Should you have any questions regarding this issue or require assistance with the registration process please contact Dave Beattie [email protected]. The cost of providing assistance with this process is R450 plus VAT.

Garnishees

Author: Karen van den Bergh
When an employee leaves your employ and you have been served with a garnishee order for that employee, please remember to write a letter to the Attorney/Collecting agent, and inform them that the employer/employee relationship is ended.

The New BEE Codes of Good Practice

Author: Tony Kruger
Cabinet has approved the revised Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice 2012 for public comment.

Some of the key areas of refinement of the codes include:
1.    The reduction of the generic scorecard to five elements, with Employment Equity and Management Control being consolidated, and Preferential Procurement and Enterprise Development merged to form a Supplier Development Element;
2. All companies, except Exempted Micro Enterprises, will be required to comply with the five elements of the B-BBEE scorecard;
3. 'Priority elements' have been introduced, namely ownership, skills development and supplier development, and large enterprises are to comply with all three priority elements. The priority scores of entities that do not comply with sub-minimum requirements in each priority will be discounted;
4. Points will be deducted from companies that do not invest in skills and supplier development;
5. The points for ownership have been broadened to include designated groups in the main points;
6. Revised qualification points for awarding of B-BBEE recognition levels status;
7. Thresholds for Exempted Micro Enterprises and Qualifying Small Enterprises (QSE) have been adjusted;
8. Entities that are 100% black-owned will qualify as Level 1, while entities that are more than 50% black-owned will qualify as Level 2.
It appears there's much to be understood and digested, as well as preparation for a significantly different set of measures and targets going forward.

For further information please contact Melany Bydawell: [email protected]

Contact the HRTorQue Team

Head Office (Durban)
 
Phone: 031 564 1155
Fax: 031 564 1228
 
Email: [email protected]
Website: www.hrtorque.co.za
 
Address: 163 Umhlanga Rocks Dr, Durban North
 
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Sales
Melany Bydawell: 031 582 7425 / 083 441 5618
[email protected]

Payroll & HR Administration
Karen van den Bergh: 031 582 7413 / 082 891 1722
[email protected]

Human Resources / Employee Relations
Melany Bydawell: 031 582 7425 / 083 441 5618
[email protected]
 
Employment Equity & Skills Development
Melany Bydawell: 031 582 7425
[email protected]
Nicky Hardwick: 031 582 7418
[email protected]
 
Tax
Dave Beattie: 031 582 7410
[email protected]

Executive Coach and Team Interventions
Iole Matthews
 
Payroll Third Party Administrator

Kacey Chetty: 031 582 7409
[email protected]
 
Accounts
Cheryl Naidoo: 031 582 7408
[email protected]

Dispatch
Karl van der Merwe: 031 582 7407
[email protected]