Studying in South Africa: An Analysis of Labor Problems in South Africa

Miss Ma from China-Africa Translation Company was interviewed by Voice of China South Africa Radio Station? Ivan time? Program interview

BEIJING, May 24 (Xinhua) According to the South African Overseas Chinese News, in May 10, the Voice of China Radio in South Africa invited Miss Ma from China-Africa Translation Company at 4 pm and 15 pm respectively, and she shared with you the labor problems in South Africa that everyone cares about.

The host asked Miss Ma what China people should pay attention to when hiring workers. Miss Ma said that in South Africa, the labor law paid more attention to the protection of local workers, and then gradually extended to the protection of foreign workers. In other words, regardless of whether workers have legal status or not, they have the right to complain to the trade union, which is stipulated in the South African Constitution. The South African Constitution protects all people living in South Africa, regardless of age and race. In terms of employing labor, Ms. Ma shared some cases she handled based on her experience in dealing with labor issues in 1978, hoping to help the audience.

A few years ago, Miss Ma received a phone call from a guest. The guest said on the phone that there was a big truck outside his shop, and someone in the truck claimed to be a trade union and wanted to close his shop. Later, he gave the phone to the other party, and Miss Ma negotiated with them. After careful inquiry by Miss Ma, I learned that the bearer was not a trade union, but a bailiff. In South Africa, unless there is a court order, no one is allowed to break into other people's shops, sell goods in other people's shops without permission, arrest shopkeepers or even close them. South Africa's labor law, like criminal law and civil dispute law, has a complete set of procedures. In case of violation of relevant laws, the court will first send bailiffs, who will first produce court orders. In this case, the shopkeeper fired an employee and the court ordered the shopkeeper to pay the employee 8000 yuan. Under normal circumstances, China people will choose to ignore this issue, that is, they will not appear in court. However, this does not mean that things are over. If you don't appear in court, the court will also make a judgment. It is not a month or two from filing a case to sentencing.

In this case, when the shopkeeper dismisses the employee, it constitutes unfair dismissal. The so-called unfair dismissal is to dismiss employees without giving the other party a chance or explaining the reasons. Compensation in this case generally depends on the working hours of the dismissed employee. If the employee has only worked for the employer for one month, two months or six months, he must pay compensation for at least one month's salary; If the employee has worked for the employer for a long time, such as two or four years, the maximum salary at this time can reach two years' salary. In the cases contacted by Miss Ma, some paid half a year's salary, while others paid one or even two years' salary. This similar situation exists not only in China enterprises, but also in South African white enterprises. Many companies are also overwhelmed by labor problems and even have to close down eventually.

After Miss Ma told the complaint case, the host mentioned a friend's similar experience. Before dismissing the inapplicable employee, these friends sent three notices to the employee according to the regulations, and later dismissed an employee who had worked for seven years and paid seven months' salary. In this regard, Miss Ma analyzed that when dealing with such labor disputes, especially a series of problems arising from dismissal, the key lies not only in how the employer handles it, but also in the savvy of the workers. Because the judge's decision is not only based on the labor law, but also the attitude of the relevant employees has a great influence on it. If employees are not so smart, they will be paid 1 month after being fired. After a while, he spent all his money. At this time, he wanted to pursue the case but didn't know what to do, so he had to end it. For savvy dismissed employees, once the incident is brought to the labor court, things will not be so simple. In this regard, Miss Ma also cited a case: a China native returned to China, and his brother took care of the shop, but the employees in the shop did not listen to his brother's words, which made his brother particularly annoyed and said, I don't want you, so go home! ? Still say? You don't recognize me as the boss, come back when my brother comes back! ? So these employees complained to the Ministry of Labor.

The institution that the Ministry of Labor accepts such cases is called the Labor Arbitration Court (CCMA), which belongs to the lower court, while the labor court belongs to the higher court. There is a difference between them. The procedure of handling cases in CCMA is as follows: If an employer dismisses an employee, the employee will submit the dispute to the local (labor arbitration court) of CCMA. After accepting the case, CCMA will ask the reasons for dismissing the employee and the detailed information of the employer, such as name, address and company name. After understanding this situation, CCMA will fill in all relevant documents and establish files for the dismissed employees. After that, the labor court will send the documents to the employer, usually directly by the dismissed employee. Miss Ma reminded that if employers receive CCMA documents, they should never turn a blind eye. If he refuses to sign, he will lose a chance to defend himself. In this case, you'd better ask a professional to have a look. If you just ask for an interpreter, you may be unfamiliar with dealing with labor issues and delay the best opportunity.

After receiving the documents from CCMA, there will be a time and place to appear in court on the documents. The parties may appear in court on their own at the designated date and place. At this time, it is best to ask someone with legal knowledge to accompany you. In the trial of CCMA, employers and dismissed employees are usually asked how to solve the problem. If the two sides fail to reach an understanding, the court will hold a session. In the process of trial, it is generally composed of 3-5 people: judges, dismissed employees and their consultants, employers and their consultants.

If the dismissed employee falsely accuses, the employer will generally win the case; If the employee leaves his job after the employer accuses him, then the employer has a good chance of winning; However, if the employer proposes to dismiss, even if the employee is notified many times, the chances of the employer winning the case are not great. There are many reasons for employers to dismiss employees, among which theft is the most common. Stealing is different from being late and leaving early, and it is an excusable mistake. However, employees who want to be fired for stealing are also particular. The best way is to call the police immediately when all the stolen goods are caught. At this time, the purpose of calling the police is not to arrest the police, but to get the case number of a police station, which is evidence that the employee was dismissed. After that, you can discuss with the employee to dismiss him.

In many labor dispute cases, many employers don't want to fire their employees, but employees sue their employers to CCMA. As long as a unilateral complaint is received, CCMA can open the file. After receiving the CCMA document, we must attach importance to it. If we ignore it to the end, what Miss Ma said will happen. If the employer does not appear in court, CCMA will issue a default judgment. At this point, CCMA's judgment can only be based on unilateral statements.

Judging from the numerous cases she has handled, Miss Ma feels that China people generally do not pay enough attention to labor issues. But once a dispute occurs, it will be a big problem, not only with great pressure, but also with great losses. Miss Ma also mentioned that in fact, the investigation by the South African Ministry of Labor was not so strict, but most of the cases that Miss Ma came into contact with were in the state that the judgment had been issued and the bailiff had been dispatched. At this point, employers are generally in a passive negotiating position. Therefore, China friends should never turn a blind eye to CCMA's notice.

When signing a full-time employee contract, Miss Ma suggested that the probation period should not be too long. Generally, the probation period is 3 months and the contract is signed for 6 months. When the contract is about to expire, if there is no intention to renew it, the case mentioned above can be adopted; If you want to renew your contract, sign another one.

Although the inspection by the Ministry of Labor is not very strong at present, once it is inspected, it is found that many Chinese have problems in labor employment. Hiring local South African workers in South Africa is a thorny issue. However, if you don't hire local workers, you won't get any preferential treatment in immigrant visas. If you own a company and hold a self-operated visa, you must have five local employees in South Africa. These five local workers are represented in the form of UIF in the Immigration Bureau. UIF refers to unemployment insurance. As long as the employee is dismissed and resigns, after filling in the UI 19 form and service certificate, the employee can get several months' salary from unemployment insurance. In other words, if you want to get a visa in the name of this company, it depends on whether there is a UIF number in the name of this company, and whether there are several local South African citizens on the UIF number, whether there is an ID number and so on. The Ministry of Labor checks UIF first, and sometimes industrial and commercial insurance. Under normal circumstances, after the company has UIF, industrial and commercial insurance can not be checked.

UIF is legally required to be registered. Deduct 1% of the employee's salary every month, plus 1% added by the employer, which is 2% of the employee's salary. Because the current inspection is not strong, it can be sent once a month or every six months. In contrast, industrial and commercial insurance registration and payment are more troublesome, and there is no definite payment standard so far. The evaluation is related to the category of the industry and the risk coefficient.

Finally, the host summarized the interview with Miss Ma on the issue of labor law. If you want to hire a worker, whether part-time or full-time, you must sign a contract. The term of the contract is preferably 6 months, and can be renewed every 6 months. At the same time, no matter whether the hired workers are locals or foreigners, it is best to help the workers pay UIF, and the cost of UIF is 2% of the salary. If workers are unwilling to pay UIF, they must sign a document refusing to register. If the employer does not pay attention to this point, once the employee takes the employer to court, the court will force the employer to handle the UIF for the employee. The UIF of 2% of the previous salary must be paid in full by the employer and cannot be deducted from the salary. Therefore, Miss Ma suggested that every company must register UIF after its establishment, and most employees are willing to pay UIF. At the same time, the owner of China must have a copy of the employee's ID card and contact details. In this way, in the event of an accident, an employee may be involved, and the police investigation at this time will be much smoother. Miss Ma has repeatedly reminded friends in China not to turn a blind eye to the CCMA document, otherwise they will lose the opportunity to defend themselves.