Please note that this pertains to South African labour Relations, The Basic Conditions of Employment Act and Best Practice requirements.
About 98% of the companies that I assess actually are not compliant in terms of the wall charts that are required to be displayed.
You see both the employers and the employees are required to be aware of and even understand the minimum requirements of the Basic Conditions of Employment Act, the Employment Equity Act and the Occupational Health and Safety Act. It is a legal requirement to display these wall charts. Not only are they required to be displayed, but furthermore they are required to be easily accessible to all staff. Should the Department of Labour arrive at your office door and request to view these wall charts and you don’t have them, you may very well be in for a hefty fine. So it really is a good idea to be proactive about this.
Here’s the thing though, although it is incumbent upon employers to comply with the Basic Conditions of Employment Act and the Employment Equity Act and the Occupational Health and Safety Act, employees also have a part to play in ensuring that their obligations are carried out.
In terms of the latest upgrades of the Employment Equity Act, Companies and Government Departments are required to compile equity plans and these too are required to be displayed on notice boards. These plans also need to be discussed with the employees and their representative trade unions. Some small businesses may be exempt from this, but the minimum requirements would need to be checked.
In terms of the Occupational Health and Safety Act, the minute five or more people are employed, there is a requirement to implement a health and safety structure in order to sustain the well-being of employees and you are further required to create a healthy and safe working environment. Common sense though should always prevail and whether you employ one person or one hundred, people have the right to work in a safe environment.