As of 1 January 2020 the new parental leave has replaced the three days paid family responsibility leave when a child is born or adopted.
Parental leave – 10 consecutive days
An employee who is a parent of a child will be entitled to 10 consecutive days’ parental leave. These are calendar days, not working days.
Adoption leave – 10 consecutive weeks
A single adoptive parent is entitled to 10 consecutive weeks’ adoption leave.
Parental leave is unpaid, however, employees that take this leave may claim benefits from the Unemployment Insurance Fund if they have been employed for longer than 13 weeks.
The Department of Labour offers basic guides to key topics within labour legislation. Read on for our summary of Family Responsibility Leave.
What is Family Responsibility Leave?
Workers may take up to 3 days of paid leave a year to attend to certain family responsibilities.
Who does it apply to:
The Basic Conditions of Employment Act applies to all employers and workers, but not members of the:
- National Defence Force,
- National Intelligence Agency, or
- South African Secret Service; or
- Unpaid volunteers working for charity.
The section of the Act that regulates working hours does not apply to:
- Workers in senior management
- Sales staff who travel and regulate their own working hours
- Workers who work less than 24 hours in a month
- Workers who earn more than an amount stated in terms of section 6 (3) of the Act
- Workers engaged in emergency work are excluded from certain provisions.
- Workers engaged in emergency work are excluded from certain provisions.
Workers Excluded from Family Responsibility Leave:
The provisions for family responsibility leave do not apply to workers who work less than:
- 4 months for their employer
- 4 days a week for one employer
- 24 hours a month, or to
- leave over and above that provided for by the Act.
The number of Leave Days:
Full-time workers may take 3 days of paid family responsibility leave during each annual leave cycle (12-month periods from the date of employment).
Family responsibility leave expires at the end of the annual cycle.
Reasons for Leave:
You may take family responsibility leave:
- When your child is sick
- In the event of the death of your
- Spouse or life partner
- A parent or adoptive parent
- Child or adopted child
Employers may require reasonable proof of the birth, illness or death for which a worker requests leave.
CONTRACT TO PERMANENT PLACEMENT FEE
When a fixed term or consultant employee, as introduced by RMM, is appointed permanently by The Client, a permanent placement fee of ten (10) percent of the First years remuneration including bonuses, allowances and commissions becomes applicable as well as the Warranty.
The parties agree that this amount is what RMM will lose by way of income and agree that no further proof of loss of income is required in this respect. In the event that RMM needs to recover this amount from the job-provider the job-provider acknowledges that it would be liable for legal fees on an attorney and own client basis. This paragraph is without prejudice to any and all other legal rights that RMM may have against the client.
This text is copied from our full Terms and Conditions.
7. WARRANTY FOR PERMANENT PLACEMENTS
7.1 Each Party warrants that this Agreement has been duly authorized by it and has been entered into by a duly authorized representative, and that all consents, licenses, permits and authorizations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Agreement and to perform all its obligations hereunder.
7.2 Should the permanent placement of the RMM-Candidate not be successful and the services of the Candidate is terminated lawfully by the Client, as per the provisions of the LRA, RMM will attempt to replace the candidate with another candidate and no additional placement fee will be charged for the 2nd placement.
7.3 This warranty is on condition that:
(a) there is no difference between the remuneration of candidates. Should there be a difference in remuneration, the difference will be worked into the fee reconciliation.
(b) the invoice for the original candidate was paid on or before the due date of the invoice;
(c) a copy of the signed letter of appointment or employment contract was received by RMM from client prior to the candidate start date.
7.4 Should a suitable replacement candidate not be found within 45 days, from the date of receiving a written request to replace the successful candidate by the Client, and conditions (b) and (c) of clause 7.3 have been fulfilled, the following refund will be applicable:
Premium Service level (10% fee) :
Within 30 days a credit of 80% of the fee to apply
Within 60 days a credit of 60% of the fee to apply
Within 90 days a credit of 40% of the fee to apply
Herewith a brief legal summary to understand your rights and the legal position with regards to resignation:
Resignation is a unilateral act on the part of an employee which brings the employment relationship to an end. In other words, by handing in her resignation, the employee ends the employment relationship.
It is something done by the employee alone and is not something that requires your input or agreement. The court clarified that a resignation involves two separate elements.
1. The unilateral act of resignation; and
2. The requirement to give notice.
The resignation isn’t invalid if the employee doesn’t give proper notice. This simply creates a breach of contract.
The employer can decide whether or not to accept that breach and waive compliance with the notice period. Or it can hold the employee to the notice period. But that doesn’t change the fact that there’s still a valid resignation. All it means is that the employee must work out the full notice required and if she doesn’t the employer can claim for damages.
An employee must give a minimum period of notice, which depends on how long the person was employed, and ranges from one to four weeks (Section 37(1)(c) of the BCEA). But you can waive any part of that notice provided you pay the employee in lieu (Section 38(2) of the BCEA). If notice is given and you don’t waive the notice period then the contract terminates on expiry of the notice. If you waive any part of the notice, the contract terminates when the employee leaves work.
Some things to consider when dealing with resignations:
1. When your employee resigns and you accept her resignation, you should confirm your acceptance in writing. For example, state that you acknowledge receipt of the letter of resignation and confirm that you have accepted the resignation. In this letter you can confirm the terms that are applicable, for example:
We confirm that you have indicated that you do wish to work out your notice period of one month and that you requested to take leave and that your leave has been granted or
"We confirm that we are willing to waive your notice period so that you may commence employment with your new employer immediately. We confirm that your last working day will be this Friday 24 August 2007. Because you are not working your notice period, you are not entitled to notice pay. We will ensure that all your accrued leave is paid out to you."
2. A resignation brings the employment contract to an end immediately or at the end of the notice period, depending on what is accepted by the employer. The contract doesn’t terminate on the date the notice is given. It only terminates when the notice period expires (unless you waive the notice requirement).
3. A resignation terminates the employment relationship. The Basic Conditions of Employment Act says that you are required to provide your employee with a certificate of service when she leaves your employment, irrespective of the reason why she leaves your employment. Therefore, when your employee resigns, you are required to provide her with a certificate of service.
4. When an employee resigns she is normally obliged to work out the notice period that is stated in her contract of employment or that is required by law. This is because the purpose of a notice period is to allow you to find a replacement and ensure there is a smooth hand-over so business can continue without interruption despite the employee’s resignation. If your employee resigns without giving you notice as required by law or in terms of the employment contract, she is in breach of contract and you don’t have to pay notice pay in such a situation. If, after she’s given notice, the employee doesn’t work out her notice period you don’t have to pay her (no work, no pay). If the employee gives late or short notice that’s a breach of contract, you can either hold the employee to what’s left of the contract or cancel and sue for damages. If the employee doesn’t give proper notice and you choose to hold her to the contract, then the contract terminates after the full period of the notice.
5. An employee can’t take leave during the notice period when you’ve given notice, but she can take leave when she was the one who terminated the contract by resigning. Employers usually don’t allow employees to take annual leave during their notice period so as to ensure continuity of business and a smooth hand-over. In some cases, you may prefer the employee to take leave BUT this is not allowed under the Basic Conditions of Employment Act which says that notice can’t run concurrently with any period of leave to which the employee is entitled under the BCEA (except sick leave). This means your employee also can’t give notice while she is on leave. You can decide if you’d prefer your employee who’s resigned to take leave so she doesn’t have to report to the workplace during her notice period. Confirm that the employee has requested the leave and that you’ve granted it in writing.
6. BCEA says that where an employee resigns and the employer waives any part of the employee’s notice period, the employer must pay the employee notice pay unless the employer and the employee agree otherwise. Therefore, if you waive your employee’s notice period and do not wish to pay her notice pay, you must agree this with her. If you arrive at an arrangement to waive your employee’s notice period and not to pay notice pay, you should get the employee to sign a written agreement to avoid the possibility of a later dispute. This can be in the form of a simple letter.
7. Circumstances may arise where your employee has access to sensitive company or business information or client contracts and you don’t wish her to continue to come to work during her notice period because you are of the view that there is a potential risk of the disclosure of this confidential information. You may therefore agree with your employee that she won’t come into the office during her notice period. In these circumstances, your employee’s employment will only terminate at the end of her notice period but she will not report for duty during her notice period and will be allowed to stay at home. This sort of arrangement is often referred to as garden leave because the employee is paid to be at home.
8. Termination pay means the payment legally due to your employee when she leaves your employ. An employee who resigns will be entitled to the termination pay that is due to her. Termination pay must be calculated given the circumstances of each resignation.Termination pay is calculated with reference to an employee’s remuneration and not her basic salary or wages. This means that not only basic salary must be included but also any other payments that you make to your employee on a regular basis for the work that she does for you.
9. A restraint may also include undertakings by an employee that for a specified period she will not:When hiring new employees it is always important to check whether they are under a restraint in favour of their previous employer. If you are aware of a restraint which stops an employee joining a competitor and you hire that employee, you may expose yourself to litigation and a possible claim for damages.
A restraint may also include undertakings by an employee that for a specified period she will not:
• encourage clients/customers to take their business away from her employer;
• encourage suppliers to stop supplying or to change the terms of their supply arrangement with her employer; and
• encourage other employees of her employer to leave their jobs to join a competitor.
10. A confidentiality undertaking is an agreement between an employer and an employee that the employee will not disclose or use the employer’s confidential information other than as permitted in terms of their employment relationship for purposes of furthering the employer’s interests. An employee who has signed a confidentiality agreement and who discloses or uses confidential information after she has resigned, acts in breach of her employment contract and the employer can enforce the confidentiality undertakings against the employee. Even if your employee’s contract of employment does not contain a confidentiality undertaking, you are protected by the common law against unlawful competition by your employee using your confidential information. Confidential information can include:
• Business strategy and plans;
• Trade secrets;
• Marketing data and strategies;
• Client lists and contacts;
• Computer information; and
• Technology and know-how
11. When your employee resigns, you will need to make sure that she returns all company property in his possession. This could include:
• her laptop computer/cell phone (if company owned);
• tools and uniforms;
• any other assets that you have given her to use while she is employed with you;
• her company car;
• any company credit cards and access cards that she may have had use of; and
• all confidential information and documentation (including copies) as well as all computer programs.
Contribution thanks to Ilene Power Labour Lawyer.
A Fixed Duration contract is fixed in duration. If one employs an employee for a fixed period then legally the length of the contract is binding until the termination date of the contract (3 months in this case). If an employee is employed for 3 months, then the employer cannot terminate the services of the employee before the 3 month period is complete. The implications are that an employer can end up with an employee that is not performing well, despite training and feedback, and the employer will have to see the contract through to its termination date.
A Fixed Duration contract can be extended beyond 3 months for justifiable reasons as is laid out in the Labour Relations Act. Read more on this under Employer Resources - Fixed Duration Contracts.
A Probation clause can vary in length. Three months is a standard length of time in many industries in South Africa. A probation clause gives the employer flexibility to terminate the services of an employee if they are not performing before the probation period is complete, unlike a fixed duration contract, which is binding until the termination date of the contract. The probation clause does not allow an employer to terminate the services of an employee illegally. The employer does need to provide the employee with feedback and an opportunity to rectify the problem before termination.
This is not a complicated process and advice can be sought from our labour lawyer. Send us an email to firstname.lastname@example.org and request that our labour lawyer contact you.
We have up to date LRA employment contracts that can be purchased.
The contracts are entirely generic so that your company can include your logo and details.
The Permanent employment contracts is R750.00 excl VAT.
The Fixed duration employment contract is R750.00 excl VAT.
To purchase an employment contract send us an email : email@example.com
What is Flexible work?
Flexible work or flexi work is when a worker is not required to work a standard 8am to 5pm day in the office. The employee can work hours before, during or after this time frame to complete the required work.
Must a certain amount of hours be completed?
It depends. If the employer expects daily, weekly or monthly hours to be filled then this is agreed up front with the employee. If it is an outcomes based assignment, then the hours may be variable and the job completes when the deliverables on the assignment completed.
Is Flexible work always office based?
No, some work can be done from a remote location such as a home office. If you as an employer are looking to retain and hire skilled Moms, then a flexible working arrangement might work well for the employee and the business.
Does starting early or ending late constitute flexible working?
Yes. Most Moms however, would prefer a reduced hour day or the flexibility to complete certain hours/tasks from home.
Why do people choose flexible work?
Employees can adjust their work schedules to accommodate, hobbies, family responsibilities and other personal tasks that need to be undertaken. It saves on travelling time if travel can be done outside of peak traffic congestion.
What are the advantages of flexible working for employees?
An enabling of work and family life integration, more productive, less time spent in the traffic.
What are the advantages for employers?
Higher staff loyalty, higher levels of motivation, less absenteeism, more productivity, less overtime, lower running costs of office space etc.
Are certain people exempt from participating in flexible work?
It depends on the employer, but flexi working is becoming far more acceptable as technology assists employees to work remotely.
Does South African have legislation on flexible hours?
No. The Labour Relations Act does not single out flexible workers. Any person who works for one employer for more than 24 hours per month is covered by the Act.
What is a fixed-term or fixed-duration contract?
Section 198B(1) of the Labour Relations Act (LRA) defines a fixed-term contract as a contract of employment that terminates on:
· the occurrence of a specific event;
· the completion of a specified task or project;
· a fixed date other than an employee’s normal or agreed retirement age.
· The nature of the work is of limited or definite duration. (Examples of this is where the person is employed to complete a specific task like, for example, a building which may take longer than three months to complete (section 198B(3)(a)).
Does it make sense to appoint someone on a three month fixed duration or appoint permanently with a three-month probation clause?
A fixed-term contract cannot be terminated before the end date unless a full disciplinary process is followed and misconduct proved. For this reason, it is not recommended that a fixed-term contract be used to circumvent the labour law requirements of following due process to discipline and terminate the employment of an employee.
You may only extend the duration of a fixed-term contract if there is a justifiable reason for extending the employment of employees beyond three months. The conditions of an extension beyond three months are laid out below. If these conditions are not met, an employee is deemed to be permanently employed by the employer.
Can a fixed term or fixed duration contract be terminated?
A fixed duration contract cannot be terminated before the end of the contract unless the correct disciplinary and training processes have been followed as laid out in the LRA.
The protections on fixed-term contracts do not apply to:
• Employees who earn R205 433,30 per annum
• Employers who have fewer than 10 employees; or
• Employers who have fewer than 50 employees and who have been in business for fewer than two years unless the employer has more than one business or the business was formed from other existing businesses.
If the employee is protected and the employer has more than 10 employees or has been in business for more than 2 years or has more than 1 business, the duration of fixed term contracts is limited to three months.
You may only extend the duration of a fixed-term contract if there is a justifiable reason for extending the employment of these employees after three months. Examples of justifiable reasons to extend the duration of the contract:
· is replacing another temporarily absent employee;
· is employed due to a temporary increase in work which is not expected to endure beyond 12 months;
· is a student or recent graduate employed for the purpose of being trained or to gain work experience to enter a job or profession;
· is employed to work exclusively on a specific project of limited or defined duration.
· is a non-citizen granted a work permit for a defined period;
· is employed to perform seasonal work;
· is employed on an official public works scheme or similar job creation scheme;
· is employed in a position funded by an external source for a limited period;
· has reached the normal or agreed to retirement age in that business.
If any of the above is present, a fixed-term contract may be extended past 3 months.
- Are we dealing with a protected employee: R205 433.30 p.a?
- Are we dealing with a protected employer? Fewer than 10 employees or fewer than 50 employees who have been trading for less than 2 years? Or the employer has more than one business.
- If No, limited duration of the fixed term to 3 months
- If Yes, then protections do not apply.
Is it free to load a job RecruitMyMom?
Yes, it is free to post a job on RecruitMyMom. We fill all permanent, fixed duration, independent contracts and virtual assistant jobs in South Africa. You pay only upon success.
How do I load a job?
Employers post/advertise a job on the site for free via the Load a Job button on the employer's page.
A recruitment manager will be in contact to discuss the job.
The job is reviewed to make sure it is a) legitimate and b) fits in with our brand values of enabling women to stay in their chosen career.
The job should offer flexibility in a micro, part-time or other ways that suit the employer's requirements. The job can be a gender diversity job.
The job is published and made visible on the Current Jobs page.
It is marketed to the database of thousands of skilled women and through our social media networks.
The trained recruitment manager will source, interview and do background checks. She will present only the top candidates to the employer.
The employer need only do a final interview.
Employers post a job on the site via the Employers Page. Job posting and registration is free.
A recruitment manager will be in contact via telephone or email to discuss the job. This person will be your primary contact throughout the employment process.
The job is reviewed to make sure it fits with the requirements of our site, namely the work can be completed in part-time or flexible hours or if it is full-time employment that it has flexible working conditions. We do not accept network sales positions unless under special circumstances. Once approved, the job is published in the "Current Jobs" page. Jobs are marketed via email and Social Media to the RecruitMyMom database.
Candidates apply for the job via the RecruitMyMom website.
For fast-turnaround Virtual Assist positions, our recruiters will select the candidate based on the previous positive experience of having worked with them in the past.
A full table of services per job type can be viewed under Section 2 here >>
Fees are paid upon successful employment of one of our candidates. Fees can be viewed under section 3 here >>
Job seekers can join RecruitMyMom for free as a job seeker. Add the address firstname.lastname@example.org to the contact list to avoid the email getting lost.
Once logged in one must complete the online RecruitMyMom CV via the personal account page in order to be able to apply for jobs. This CV is what we send to potential employers when a job seeker applies for a position advertised on the website. You can view your final CV via your account "View my completed CV."
Our recruiters sift through the applications and short-list the CV's based on best fit with the job specification.
The Recruiter will be in contact if the employer has requested an interview.
We advertise Permanent and Fixed duration roles where the candidate is employed directly by the employer.
We advertise Independent Contracting roles where RecruitMyMom collects the amount due from client plus our fee and pays the contractors who invoice RecruitMyMom for services rendered to clients. As a consultant, you can be appointed to work on several clients at once depending on your availability.
We offer the following services in addition to consulting and recruitment:
- a payroll service for temporary appointments.
- You can purchase from us a generic South African Labour Relations Act compliant employment contract for both fixed duration and permanent employees.
- Security and background checks.
Fees & Service Level details explained - 2020
Simply pay upon successful placement, that's it!
Choose from over 150 different skills.
Fee Structure excluding VAT
10% Annual Cost to Company,
Fixed Duration Contracts
Contracts for a fixed/limited period of time. e.g. Temps, maternity cover, sick leave cover, project
15% -17%. The fee is charged for the duration of the contract.
The fee is skill & length-dependent and will be discussed per client upon receipt of a job spec.
Independent Contractors & Virtual Assistance
Consultants, freelancers, virtual assistants working contractually for an unspecified period
The charge-out rate is based on the level of experience, length and skill required for the job. The rate is market and industry-related. The rate is discussed with the client upon receipt of a job spec.
Absolutely yes, some of our most talented Moms are based in remote areas of the country, and work remotely from home. We look for both skilled Moms and suitable jobs throughout the country and even into the rest of Africa.
No, you cannot view the candidate's CV's on the site. RecruitMyMom is not a job board, but an online award-winning recruitment agency providing full-service support to our clients.
Our trained recruiters will source and present top calibre candidates to employers for all your resource needs.
We fill permanent, fixed duration, independent contracting, freelance and virtual assistant jobs.
We fill jobs in all major centres like Western Cape, Gauteng, KZN, Port Elizabeth, George, Bloemfontein and Polokwane.
It is free for job-seekers to join RecruitMyMom. There are no fees for job-seekers on RecruitMyMom.
It is against the law in South Africa to ask any job-seeker for fees.
As a job-seeker, you should never pay money to a recruiter for registration or other fees.
Your CV will only be presented to a potential employer if you apply for a position on our website and your CV fits the job specification. You can view your completed CV by logging into your profile and selecting "View My Completed CV". Your CV is made up of several pieces of information you provide about yourself. We do not include any private contact details until the interview stage.
In the past, we have collected ID numbers to ascertain if a candidate is a South African citizen. We are in the process (or may have completed the process by the time you read this) of changing the system to birth date only and asking if a candidate is a South African citizen so that we no longer need to hold this data.
You need to be a member of RecruitMyMom.co.za to have access to the full job listings page. When you as a member log-in you will be able to view all the available jobs by selecting the "JOB LISTINGS" page. When you see a job that interests you, click on the description to view further details such as hours required and rate of pay.
To apply for a position select "Apply for this job" at the bottom of the job specification.
You will be notified if your CV profile is not 100% complete.
If it is not complete you will be required to complete it.
Once complete select "Apply for this job".
Write a compelling, short covering note highlighting why you feel you are suited to this position.
This covering note together with an email notification will be sent to the employer informing them that a CV is waiting to be viewed.
The employer will then view the CV's online and ask you a question if needed.
As a job-seeker you may be notified via email that an email awaits you from an employer.
The employer may request a job interview or decline a CV application.
If you are successfully selected for a temp, fixed contract or freelance role you will be required to sign a contract with RecruitMyMom and return it to our office before commencement of employment. See Terms and Conditions.
The joining criteria set out for RectuitMyMom are to ensure that we can confidently advertise to employers, experienced, skilled and professional Moms. If you have succeeded in your field of expertise and can demonstrate your experience on your CV then we will gladly accept your application.
That is absolutely fine. We understand that in your career you may branch out into different fields from what you studied. In fact, research shows adults can change career paths up to seven times.
Finding perfect part-time or flexible jobs for moms through RecruitMyMom is easy.
We will email you new jobs based on your selected skills within the "Skills Box" completed on your profile your completed CV.
Ensure your CV is 100% complete and not too brief.
Some jobs are generic and could suit any number of skill-sets. For these jobs we recommend:
1. That you daily check the job-listings page for new jobs.
2. Join our Facebook, LinkedIn and Twitter page. We always advertise jobs on our social media pages. Search for RecruitMyMom.
3. Sign up for our newsletters.
For Fixed Duration Contracting employment the employer pays your salary directly and must provide you with a temporary employment contract which we facilitate.
For any independent contracting jobs such as freelance and consulting type work, you will be paid by RecruitMyMom for the period of the project once the payment has been collected from the client. You will be required to complete an independent consultant agreement for RecruitMyMom and submit monthly or weekly time-sheets for approval to the client. These together with your invoice are submitted to RecruitMyMom for payment.
The advantage of being a RecruitMyMom contractor is that we build a trust relationship with you and will continue to use your skills for several clients over the years. In addition, you do not have to try and get the money out of the client for work done, we do that on your behalf.
For permanent and fixed duration/temporary jobs, the employer will provide you with a Labour Relations Act of South Africa compliant contract. Do not start working without a signed contract in place. The employer can purchase a generic contract from RecruitMyMom if required. The employer is then liable to pay your salary.
For independent contracting jobs such as Freelancers and consultants, RecruitMyMom bills the client including our fee and follows up on receiving payment. RecruitMyMom pays all Independent contractors by the end of the month, provided the money has cleared in the RecruitMyMom bank account.
RecruitMyMom calls and personally engages with every employer that posts jobs on our website. We do this to ensure that every job is legitimate and worthwhile being on our platform.
Jobs are removed as soon as we fill the position or an employer informs us that the job has either been filled or has been put on hold.
There are times when jobs are over-subscribed by job-seekers. In this case, the job is unpublished on the site until the recruiters have sifted through the job applications.
It is important to include a well written motivational letter with your application. Ensure your CV is not too brief. This CV is ultimately what will sell your skills.
Once you have created an account on RecruitMyMom you can cancel it at any time by logging in and selecting "Cancel Account." Or you can request an account cancellation through the "Contact Us" page.
There are several reasons why you cannot upload a CV onto our website:
- We can easily search for the information we require on an electronic CV format.
- Employers find it very useful to receive standardised CV's from all our applicants.
- We want to protect the privacy of our members. We are therefore able to hide certain information from electronic CV's.
- Employers have no doubt as to where the CV comes from as it is branded RecruitMyMom.
You will be required to complete an online CV in addition to the initial account profile. From this information a .pdf CV format is automatically produced and we are able to send them to employers. Only potential employers of positions you apply to will be able to view your CV.
To update your CV do the following:
Log-in to your account.
Select "Edit My Profile"
Select "My CV"
Ensure you write in full sentences and fully explain all your skills. Add one line per sentence. Complete up to 12 places of previous employment.
Select "Save" when finished.
Candidates may be asked to complete a consent form for background checks and to furnish us with referee details for reference checks.
It is a standard recruitment protocol to conduct reference checks to corroborate the information provided in your CV with the people that you reported to directly. Potential employers may also request that certain background checks, such as criminal, credit or qualification verification checks are conducted for various reasons. One of these reasons could be that the role requires government security clearances, another could be that the company's hiring policy dictates a clear credit and criminal record for certain roles. Many financial roles today require a credit check.