POPI Act Regulations; BCEA Amended Regulations; LRA – Regulations, Guidelines, Code of Good Practice; Amendment of UI Act Regulations

POPI Act Regulations

Government Gazette 42110 NO. R 1383 was published to make the regulations known with respect to the processing of personal information. The Information Regulator has made the regulations in the Schedule as outlined in Section 112(2) of the Personal Protection of Information (POPI) Act, 2013.

The Regulations were made in respect of the following:

  • Objection to the processing of personal information
  • Request for correction or deletion of personal information
  • Responsibilities of Information Officers
  • Application for issuing a code of conduct
  • Request for data subject’s consent to processing personal information
  • Submission of complaint
  • Regulator acting as conciliator during the investigation
  • Pre-investigation proceedings of Regulator
  • Settlement of complaints
  • Assessments
  • Informing the parties of developments regarding the investigation.

The Regulations relating to the Protection of Personal Information, 2018 will commence on a date to be determined by the Regulator by proclamation in the Government Gazette.

To view the official publication, please follow the link:
https://www.gov.za/sites/default/files/gcis_document/201812/42110rg10897gon1383.pdf

Basic Conditions of Employment Act amendment of Regulation 2

Government Gazette 42124 NO. 1402 was published to amend the regulations as set out in the Schedule in the Basic Conditions of Employment Act (BCEA) under Section 68(1).

Section 68(1) of the BCEA determines that a labour inspector who has reasonable grounds to believe that an employer has not complied with any provision of the Act may attempt to secure a written undertaking by the employer to comply with the provision.

The Schedule has been amended to:

  • Amend BCEA 1A (Basic Conditions of Employment Act, 1997 Summary to be kept by an Employer in terms of Section 30 of the Act) to provide for the amendment of:

The substitution of form BCEA 9 (Department of Labour Written Undertaking)
The substitution of form BCEA 12 (Department of Labour Compliance Order Issued in terms of Section 69(1) of the Act).

Section 69(1) of the Act determines that a labour inspector who has reasonable grounds to believe that an employer has not complied with any provision of the Act may issue a compliance order.

To view the official publication, please follow the link:
https://www.gov.za/sites/default/files/gcis_document/201812/42124gon1402.pdf

Labour Relations Act – Various Regulations, Guidelines and Code of Good Practice changes

Government Gazette 42121 was published to inform employers and employees of the following:

  • GG 42121 NO R 1393 – Section 208 of the Labour Relations Amendment Act stipulates that the Minister of Labour may, after consulting the National Economic Development and Labour Council (NEDLAC), make regulations. Picketing Regulations has been published and will take effect 01 January 2019.
  • GG 42121 NO R 1394 – This notice serves to confirm the repeal of the Code of Good Practice on the Handling of Sexual Harassment Cases given under section 203(2) of the Labour Relations Act, 1995 (Act No. 66 of 1995), effective immediately. The Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace has already been published in August 2005.
  • GG 42121 NO R 1395 – Section 95(8) of the Labour Relations Act, 1995 (Act No. 66 of 1995) stipulates that the Minister of Labour may publish guidelines to be applied by the registrar in determining whether an applicant is a genuine trade union or a genuine employers’ organisation. The guidelines issued and published under Government Notice No. R. 1446 of 10 October 2003, has been withdrawn with effect from 31 December 2018. New guidelines have been issued in notice R 1395 as part of the section Registration and Regulation of Trade Unions and Employers’ Organisations, effective immediately.
  • GG 42121 NO R 1396 – Section 203 of the Labour Relations Act, 1995 stipulates that NEDLAC may prepare and issue codes of good practice and change or replace any code of good practice. Notice R 1396 was published to issue Code of Good Practice in respect of Collective Bargaining, Industrial Action and Picketing, effective immediately.
  • GG 42121 NO R 1397 – Section 95(8) and (9) of the Labour Relations Amendment Act, 2018, stipulates that the Minister of Labour may, after consultation with NEDLAC, publish guidelines on balloting (any system of voting by members that is recorded and in secret) for strikes or lockouts. Notice R 1397 was published to issue the guidelines, effective immediately.

To view the official publications, please follow the respective links:

https://www.gov.za/sites/default/files/gcis_document/201812/42121rg10899gon1393.pdf

https://www.gov.za/sites/default/files/gcis_document/201812/42121rg10899gon1394.pdf

https://www.gov.za/sites/default/files/gcis_document/201812/42121rg10899gon1395.pdf

https://www.gov.za/sites/default/files/gcis_document/201812/42121rg10899gon1396s.pdf

https://www.gov.za/sites/default/files/gcis_document/201812/42121rg10899gon1397.pdf

Amendment of Unemployment Insurance Act Regulations

After consultation with the Unemployment Insurance Board, the Minister of Labour has made the regulations in the Schedule, as published in Government Gazette 42140 No R 1434.

The main amendments to the Regulations in the Schedule are as follows:

  • A “small enterprise” definition has been added to the regulation as contemplated in section 1 of the National Small Enterprise Act, 1996 (No. 102 of 1996).
  • The UI Amendment Act added section 12(1B) to the Unemployment Insurance Act to provide that a contributor who loses a portion of his income due to reduced working time is entitled to benefits (despite still being employed) if the contributor’s total income falls below the benefit level that the contributor would have received if he had become wholly unemployed.
  • Contributors may nominate a beneficiary by submitting the new nomination form UI 53 to the Fund immediately on commencement of employment. If a contributor did not, before his or her death, complete the nomination form at the commencement of new employment, the Fund must accept a nomination form completed at the previous employer as valid.
  • Employers must provide the Commissioner with the information in terms of their employees by submitting the declaration electronically or by completing form UI 19.
  • Domestic and small enterprise employers may declare employees and contributions annually provided that the contributor’s services are not terminated in which case the declaration must be done on termination.
  • Forms UI 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3, 4, 5, 6A and 19 have been changed. Examples of the forms included in Government Gazette No. 42140.

Form UI 53 (beneficiaries) has been added by the regulation.

To view the official publication, please follow the link:

https://www.gov.za/sites/default/files/gcis_document/201812/42140rg10902gon1434.pdf 

 

Contact our legislation team at info@crs.co.za if you require any additional information.

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