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Human Resource Management SU 1.

A) Wat is die minimum pakket voordele, soos deur die Wet op Basiese Diensvoorwaardes
gespesifiseer, vir elk van die volgende? / What are the minimum package benefits, as specified
by the Basic Conditions of Employment Act, for each of the following? (6)

1 Jaarlikse verlof / Annual leave

Employees are entitled to 21 consecutive days' annual leave or by agreement, one day
for every 17 days worked or one hour for every 17 hours worked.

2 Siekverlof / Sick leave

An employee is entitled to six weeks' paid sick leave in a period of 36 months.


During the first six months an employee is entitled to one day's paid sick leave for every
26 days worked.

3 Gesinsverpligtingsverlof / Family responsibility leave

Full time employees are entitled to three days paid family responsibility leave per year,
on request, when the employee's child is born or sick, or in the event of the death of the
employee's spouse or life partner, or the employee's parent, adoptive parent,
grandparent, child, adopted child, grandchild or sibling.

4 Kraamverlof / Maternity leave

Pregnant employee is entitled to four consecutive months' maternity leave

B) Arnold P. Teker is die eienaar van Bly Gesond Apteek in Aptekersfontein. In sy


diens is n hoofapteker, Palesa Mapoga, en drie aptekersassisitente, John Freeke,
Janet Jeeva en Suzanne Sodi. Arnold neem u in diens as n apteker op 1 Januarie
2017 met n salarispakket van R201 450 per jaar.
Met die intrapslag word u werkure aan u gegee:
Maandag tot Vrydag: 08:00 - 17:00
Elke tweede Saterdag vanaf 08:00 - 13:00 en 18:00 - 20 00
Daarmee saam werk u elke tweede weeksdag vanaf 17:00 - 19:00 /
Arnold P. Teker is the owner of Bly Gesond Pharmacy in Aptekersfontein. Working for
him are chief pharmacist, Palesa Mapoga, and three pharmacy assistants, John
Freeke, Janet Jeeva and Suzanne Sodi. Arnold employs you as pharmacist on 1
January 2017 with a salary package of R201 450 per annum.
On the first day you receive your working hours:
Monday to Friday: 08:00 - 17:00
Every second Saturday from 08:00 - 13:00 and 18:00 - 20 00
In addition it is expected of you to work from 17:00 - 19:00 every second workday.

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1.U wonder of hierdie ure binne die Wet op Basiese Diensvoorwaardes val.
Motiveer. / You are wondering whether these working hours comply with the
Basic Conditions of Employment Act. Motivate. [4 X 0.5 = 2]

The act is applicable because you earn less than R R205 433.30

Take a 2 week cycle:


08:00 tot 17:00 with 1 hour lunch: 8 hours
8 x 5 days = 40 hours
17:00 to 19:00 = 2 hours on Monday, Wednesday and Friday = 6 hours (calculated as
overtime?)
Thus 46 hours per week
More than 45 hours per week
Every 2nd weekend: 5 hours without lunch (acceptable) plus 2 hours = 7 hours

Thus in a 2 week cycle you work 46 hours x 2 = 92 hours + 7 hours = 99 hours / 2 =


49.5 hours per week that is more than 45 thus you need to be paid overtime

2.Op 21 Februarie 2017 sterf u pa n n lang siekbed. U doen aansoek vir drie dae
geleentheidsverlof, want die begrafnis vind in Kaapstad plaas. Arnold weier om
aan u geleentheidsverlof toe te staan. Is hy onbillik? Motiveer. / On 21 February
2017 your father passes away after a long sickbed. You apply for family
responsibility leave for three days as the funeral will be held in Cape Town.
Arnold refuses to grant you family responsibility leave. Is he being unfair?
Motivate. [3 X 0.5 = 1.5]

Family responsibility leave:


must have been working for more than 4 months,
must work more than four days per week,
3 days paid leave,
granted for
the birth of a child
a sick child
the death of a life partner, parent or child,
may be taken for a full day or part of a day,
employer may request proof before paying

No he isnt. You are working for less than 4 months although you are working for more
than 4 days a week.
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C Die aptekersassistent, Janet Jeeva, is deesdae kort-kort afwesig. Op n dag in
Augustus kom kla Janet by u dat Arnold aan haar 2 dae onbetaalde verlof in plaas
van siekverlof gegee het. Sy s sy het nog 15 dae siekverlof oor en dat haar
driejaarsiklus eers die einde van 2017 eindig. By nadere ondersoek vind u uit sy
was onlangs afwesig op 3 en 4 Januarie 2017, 12 en 13 Januarie 2017 en op 9 en
10 Februarie 2017. U is ook nie bewus van enige kroniese gesondheidsprobleem
nie. Toe u haar vra of sy mediese sertifikate ingedien het, s sy: "Dis mos nie nodig
as jy net twee dae afwesig is nie."
Hoekom s u vir haar dat Arnold die reg gehad het om haar vir twee dae
onbetaalde verlof te gee? Motiveer u antwoord. /
The pharmacy assistant, Janet Jeeva, is absent every now and again. On a day in
August Janet complains to you that Arnold has given her two days unpaid leave
instead of sick leave. She says that she still has fifteen days sick leave left and that
her three-year cycle will only conclude at the end of 2017. On closer inspection you
find out that she has recently, on 3 and 4 January 2017, 12 and 13 January, and
on 9 and 10 February 2017, been absent. You are not aware of any chronic health
problems. When you ask her whether she has submitted medical certificates she
answers: You dont need a medical certificate when youre only absent for two
days.
Tell her why Arnold acted within his right by giving her 2 days unpaid leave.

[3 X 0.5 = 1.5]

BASIC CONDITIONS OF EMPLOYMENT ACT, 1997


SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMS OF SECTION 30

Sick leave : Sections 22 24

3.3.1An employee is entitled to six weeks paid sick leave in a period of 36 months.

1.3.2 During the first six months an employee is entitled to one days paid sick
leave for every 26 days worked.

3.3.3 An employer may require a medical certificate before paying an employee


who is absent for more than two consecutive days or who is frequently absent.

As she was absent without a legal reason or in this case without a medical
certificate he acted within his right,