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Retail Motor Industry Organisation

Basic Conditions of Employment Act (BCEA) amendments to leave provisions

On 18 December 2019, the President Cyril Ramaphosa announced the effective date of 1 January 2020 for sections 1 to 7 of the Labour Laws Amendment Act of 2018. This effectively amends the Basic Conditions of Employment Act to provide for parental leave.
As from 1 January 2020 the three days family responsibility leave that employees were entitled to upon the birth of a child, was replaced with parental leave as per the Labour Laws Amendment Act of 2018. The remainder of section 27 of the Basic Conditions of Employment Act (Family Responsibility Leave) remains intact, entitling employees to three days family responsibility leave when a child (younger than 18 years of age) is sick or alternatively upon the death of a family member as listed in the Act.
In terms of the Labour Laws Amendment Act an employee now has three new leave entitlements, namely parental leave, adoption leave and commissioning parental leave.

How long are the leave periods?

Parental leave: An employee, who is a parent of a child, is entitled to 10 consecutive days’, unpaid, parental leave. Parental leave can be taken from the day on which the child is born or on the date on which an adoption order is granted or on such day that the child is placed with the prospective adoptive parents, pending the finalisation of the adoption order;

Adoption leave: An employee who is an adoptive parent of a child who is below the age of two years is entitled to 10 consecutive weeks of adoption leave. Adoption leave can be taken from the date on which an adoption order is granted or on such day that the child is placed with the prospective adoptive parents, pending the finalisation of the adoption order, and constitutes a form of parental leave and is therefore not in addition to parental leave, mentioned above. In cases where an adoption order is made or a prospective adoption order is pending in respect of two parents, one parent is entitled to take adoption leave and the other parent will be entitled to take parental leave;
Commissioning parental leave: An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to 10 consecutive weeks of commissioning parental leave. Commissioning parental leave can be taken from the date on which the child is born. In cases where a surrogate motherhood agreement has two commissioning parents, one of the commissioning parents may apply for commissioning parental leave and the other may apply for parental leave.

Based on the aforementioned it is evident that both male and female employees may qualify for parental leave depending the circumstances. However, if the employee gave birth to the child, she will not qualify for parental leave. Such employee is entitled to unpaid maternity leave.
It is important to note that all the above mentioned leave will be unpaid, and employees will therefore have to submit claims to the Unemployment Insurance Fund (UIF) to qualify for payment during the periods of absence from work.
It is also important to note that whilst these amendments are not currently contained in Motor Industry Main Agreement, the agreement specificaly states that when amendements are made to the BCEA, the agreement must be amended accordingly. These amendments will be made in due course.
Therefore these new leave provisons will be applicable to our industry and must be implented by employers.
If members have any questions in this regard, they should contact their nearest RMI Regional Office and consult with one of our highly trained IR Specialists.

May 9, 2019

Is it an offence to drive with an expired drivers licence card?

While road safety has to be a priority for all South Africans, understanding your rights as a motorist on the roads is also important. Jakkie Olivier, the CEO of the Retail Motor Industry Organisation (RMI), says the topic of whether it is an offence to drive with an expired drivers licence card was recently raised by one of its members. The topic was reported on in Automobil by Roxanne Paans, a Candidate Attorney in the litigation department at Barnard Incorporated in Centurion.

She refers to the National Road Traffic Act (NRTA) 93 of 1996 which states that the period of validity of a driving licence shall be indefinite, unless such a licence has been suspended or cancelled in terms of the Act.

“The confusion is created by the fact that the NRTA does not seem to clearly differentiate between a driving licence and a driving licence card,” she says.

The NRTA and The National Road Traffic Act Regulations are two important pieces of legislation, which regulate the rules of the roads in South Africa.

“According to the regulations a driving licence card shall expire five years from the date on which it was ordered from the card production facility. The regulations make no mention of the expiration of a driving licence, but expressly state that the validity of a driving licence shall be indefinite. The uncertainty therefore created by the regulation is whether the expiration of a driving licence card also leads to the expiration of a driving licence,” she explains.

“What’s interesting is that Regulation 108 (5)(b) states that ‘The holder of a driving licence card may apply for a new card in the manner contemplated in regulation 109 and the new card shall be authorised and issued in the manner contemplated in regulation 109(3)’. The word ‘may’ suggests that the holder of a driving licence has a choice as to whether to renew the card or not. The regulations furthermore do not expressly state that it is an offence if a holder of a driving licence fails to renew the driving licence card,” says Paans.

The closest indication that the driving of a motor vehicle with an expired driving licence card constitutes an offence in terms of the NRTA is found in section 12 which says:

12 No person shall drive a motor vehicle on a public road –

(a) except under the authority and in accordance with the conditions of a licence issued to him or her in terms of this Chapter or of any document deemed to be a licence for the purposes of this Chapter; and

(b) unless he or she keeps such licence or document or any other prescribed authorisation with him or her in the vehicle.’

“The NRTA and its regulations does not expressly state whether a driving licence card is a ‘document deemed to be a licence’. It seems that there is no express indication that the expiration of a driving licence card is tantamount to the expiration of a driving licence and this question definitely warrants further and in-depth investigation,” says Paans.

She suggests that in order to avoid the risk of a fine it is advisable that drivers of vehicles are at all times in possession of a driving licence card which has not yet expired.

Olivier agrees. “While it may seem like a hassle renewing your driver’s licence card every five years if you make it a to-do item before the expiration date it can be done relatively easily. Along with servicing your vehicle at regular intervals, make it a priority to renew your driver’s licence card.”

May 9, 2019

Kids need to be kept safe in cars

There’s a lot of emphasis on buckling babies and toddlers into car seats, “and rightly so,” says Dewald Ranft, Chairman of the Motor Industry Workshop Association (MIWA), “but keeping older children safe in our cars is just as important.”

MIWA is a proud association of the Retail Motor Industry Organisation (RMI) who’s priority is road safety.

“What we need to understand as parents and motorists is that our vehicles are travelling at speed and even if you aren’t involved in an accident, just harsh braking can send a child not strapped in hurtling forward in the car,” says Ranft.

Dewald Ranft, Chairman of the Motor Industry Workshop Association

Too often older children sit in the back or even the front seat of vehicles without seat belts, are fooling around while the car is in motion, stick their heads or even half their bodies out of the window and more.

“There have been countless incidents where accidents have taken place and children are thrown through windscreens or out of side windows. This can obviously result in severe head trauma and death,” says Ranft.

Often this kind of behaviour is deemed fun, but the reality is that any moving vehicle is a risk.

“Kids sitting in the back of a bakkie is another big no-no. Even with the canopy on, if that bakkie rolls the children will be thrown around in the back of the bakkie and can be severely injured. Gone are the days when putting your kids in the back of a bakkie was fine. We travel at far faster speeds now on our roads because our vehicles are designed to do so. This even applies to smaller roads. Don’t be fooled. Speed kills,” he says.

Speaking to and educating older children on the risks of being in a car is very important. They are old enough to understand so make it a rule in your car that everyone is strapped in and sitting in the right seats before you go anywhere.

Ranft reiterates that it is essential when travelling with young children to ensure that car seats are properly secured. Statistics show that up to 70% of car seats are incorrectly installed. Parents must also ensure that the seat is the age-appropriate size.

“Remember that children, especially toddlers, get fidgety when sitting still for long stretches. If you are doing a long trip, factor in regular stops to give everyone a chance to stretch their legs. Try to pick pit-stops with fun activities for children such as jungle gyms. This gives kids a chance to work off some energy without distracting mom or dad while they drive.”

If you need advice on car seats or car safety make sure you speak to your local MIWA workshop.

“We want our roads to be a safe place for our children. We are willing to help. Let’s all do our part to keep our kids safe,” concludes Ranft.

April 4, 2019

How serious are you about Occupational Health and Safety?

Did you know every employer in South Africa is required to have an Occupational Health and Safety (OHS) policy that complies with the requirements of the OHS Act? Did you know that by not being compliant businesses close their doors every year due to legal action and expenses resulting from an OHS case?
Don’t be one of those businesses. Get compliant. And if you aren’t sure how to do this, the RMI is here to help.
Our country’s Constitution allows every person the right to a healthy and safe environment. All employers are compelled to adopt and implement measures to safeguard their employees against occupational accidents and diseases as well as ensuring the health and safety of persons other than employees entering the business premises.
Here are the basics in a nutshell for employers.
You have to develop an OHS policy that all employees need to review and understand. To put this policy together you need to appoint an OHS Committee and a Health and Safety Representative.
The OHS Act requires that you provide and maintain as far as reasonably practicable, a safe- and hazardous-free working environment.
You need to take reasonable steps to eliminate or mitigate health and safety hazards before resorting to personal protective equipment. You also need to protect and safeguard the environment against harmful practices that might start in the workplace. It is also your job to enforce disciplinary measures as prescribed in legislation, in the interest of health and safety in the business.
There is a process in terms of putting the OHS Committee together and selecting the Health and Safety Representative. Employers and workers must consult one another with regards to the nomination or election, period of office and appointment of the committee.
The committee is expected to hold meetings as often as necessary, but at least once every three months; to make recommendations to the employer regarding health and safety matters; to discuss incidents; and keep record of all recommendations made.
Among other things, the Health and Safety Representatives are empowered to identify potential dangers, investigate incidents, make recommendations and conduct inspections.
They are also expected to attend any investigation or formal inquiry held in terms of the Act.
What you need to realise is that OHS compliance is so much more than just having a fire extinguisher on the property. It also covers aspects such as general sanitation; hygiene and cleanliness; sufficient and quality lighting; adequate ventilation; drinking water; First Aid, safe and secure storage facilities for hazardous equipment and chemicals; protective wear and safety equipment; signage and more.
As the RMI we stand for excellence and the highest industry standards. We want all our members to be 100% OHS compliant. Let’s all make the effort to take this seriously and get our businesses in order.

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