Employment and HR Policies in South Africa Explained

Employment and HR policies are essential in South Africa to protect both employers and employees. With many regulations and laws in place, it can be challenging to navigate the complex landscape of South African labour law. In this article, we'll discuss employment and HR policies in South Africa and provide insight into how employers can ensure compliance with the relevant legislation.

What does HR stand for?

HR stands for Human Resources.

What is HR’s Role and Function?

The HR personnel and/or department within a business is responsible for all things personnel related. Their role would include, inter alia, recruitment, vetting, selecting, hiring, on-boarding, training, promoting, paying, disciplining and firing employees and independent contractors.

Employment and HR Policies in South Africa

Employment policies in South Africa outline the terms and conditions of employment for employees. These policies must comply with the Basic Conditions of Employment Act (“BCEA”) and the Labour Relations Act (“LRA”).

An HR policy is a written source of guidance on how a particular or wider set of issue/s should be handled within an organisation. Effectively, an HR policy is a guideline for employer-employee relationships which contains information on acceptable or expected norms of behaviour, adherence to work rules, health and safety measures, conflict resolution and disciplinary measures.

HR policies play an important role in practically and effectively implementing an organisation’s HR strategy and help assist with compliance with relevant employment legislation.

The Importance of HR Policies

An HR Policy forms part of the contractual agreement between employer and employee. It serves as a manual containing general guidelines regarding the employer’s policies, practices, procedures, standing arrangements, service conditions / benefits and employee conduct in order to ensure uniformity and clarity.

What HR Policies Should an Organisation Have?

There’s no one-size-fits-all approach to designing effective HR policies and their content is very much dependent on the unique needs and characteristics of the organisation and its workforce. Here are some essential employment policies

• Code of conduct: A code of conduct outlines the standards of behaviour expected from employees in the workplace.

• Disciplinary policy: A disciplinary policy outlines the procedures to be followed in cases of misconduct and the sanctions that may be imposed.

Validity of HR Policies

All workplace policies and procedures must be in line with the rights afforded to employees in terms of applicable legislation, failing which such a policy will be null and void. It is for this reason that HR policies should be vetted by a labour attorney who is has the necessary skill and experience in drafting and vetting HR policies.

Barter McKellar’s employment attorneys have extensive experience in advising clients on all employment law aspects, which includes drafting, vetting, reviewing and amending HR policies. If you would like to find out more, contact our offices today.