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SALARY PAYMENT IN South African Rand (ZAR, R)
CONTRACT LANGUAGES English
PAYROLL TAX 2%
PAYROLL CYCLE Monthly
TIME TO HIRE 12 hours
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Employees in South Africa must complete a probation period when they begin employment. During their probationary periods, employees are not entitled to the same rights and benefits that an employee who has passed their probation period would be. Let’s delve deeper into what probation means in the South African context.
A probation period is a trial phase at the beginning of an employment contract. Within this time, the employer evaluates the employee’s performance, skills, and overall fit for the position.
Similarly, the employee gets to understand the company culture, work environment, and whether the job aligns with their expectations. Probation periods are not unique to South Africa and are a common practice across many African countries.
The standard probationary period in South Africa can vary. Most are for three months, but this can be more or less depending on the nature of the job. The requirement according to South African law is that it must be “reasonable.”
In South Africa, employment contracts (written or verbal) often include a probationary period clause. This clause outlines the duration of the probation (usually around 3 months), any specific performance expectations, and the notice period required for termination during probation.
Probation periods must align with South African labor laws, ensuring they are reasonable for the job and that employees are still protected by fair labor practices. A clear employment contract ensures both the employer and employee understand their rights and expectations during the probationary phase.
Probationary employees in South Africa are entitled to nearly all the same legal protections and rights as their permanent counterparts. This is underpinned by the principles set forth in the Labour Relations Act (LRA) and the Code of Good Practice.
Dismissal, both of which underscore the importance of fairness and safeguarding against unlawful practices. Key rights afforded to probationary employees include:
Employers are prohibited from terminating an employee’s contract solely based on their probationary status. Dismissal is only deemed legitimate if it is based on a substantial and fair reason and follows the correct procedural process.
Should an employer consider terminating a probationary employee due to underperformance, they must ensure the employee receives:
Example: Fraser vs. Caxton Publishers (2005, 3 BALR 323)
This case highlights the importance of procedural fairness, even during probation. The employee was dismissed for misconduct (falsifying her CV and incompatibility). While the arbitrator found the misconduct serious enough for dismissal, the employer failed to provide the employee an opportunity to defend herself.
This resulted in the dismissal being deemed unfair and the employer ordered to pay compensation.
The law shields probationary employees from discrimination on various grounds, including but not limited to race, gender, sexual orientation, religion, and disability, as specified in South African legislation.
The right to join trade unions and benefit from the protections and representation they offer is extended to probationary employees, aligning their rights closely with those of permanent staff.
In South Africa, employers bear specific legal responsibilities towards probationary employees, aimed at ensuring the probation period is conducted in a fair and equitable manner. Here’s an overview of these critical duties:
Decisions regarding the termination of a probationary employee must rest on solid, fair, and objective grounds. Employers are required to provide legitimate reasons for any dismissal, proving that the decision was equitable both in its procedure and outcome.
If an employee disputes their dismissal as unfair and takes the case to the CCMA, the employer must provide documented evidence demonstrating their adherence to the fair process guidelines outlined in the Code of Good Practice: Dismissal.
Even during the probationary period, ending an employment relationship demands a fair procedure. This involves offering the employee chances to enhance their performance, issuing warnings when necessary, and allowing them to address any issues raised prior to any dismissal decision.
While employment contracts may specify shorter notice periods for probationary employees, such periods must still be reasonable, reflecting the nature of the position and adhering to the Basic Conditions of Employment Act (BCEA).
Adhering to these obligations, employers can facilitate a probationary period that is transparent and fair, safeguarding the rights of both the employer and employee.
Probation periods offer benefits to both employers and employees in the South African context:
In South Africa, probation periods are not mandatory. It’s up to the employer to decide whether or not to include a probationary clause in an employment contract. However, given the benefits for both parties, probation periods are common practice in many South African workplaces.
Probation periods in South Africa are valuable tools for assessing new hires and ensuring a successful long-term working relationship. To maximize the benefits of this period, here are some key best practices for South African employers:
Your business can easily hire employees in South Africa without opening a local entity. We handle local employment law, complex tax regulations, and international payroll in 180+ countries worldwide. All you need to do is focus on your business.
In South Africa it is standard practice to give 1 weeks’ notice to terminate employment during the probation period.
In South Africa it is standard practice to give 1 weeks’ notice before resigning during the probation period.
If there is good reasoning for extending, then yes, an employer is allowed to extend the employee’s probation period to further assess the employee’s performance.
Yes you can dismiss a South African employee during their probation period. It is customary to give them 1 weeks’ notice and a justifiable reason for termination.
South African employees will usually give 1 weeks’ notice during the probation period.
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Headquarters – Singapore
71 Robinson Road #13-153
Singapore 068895
+65 3105 1170
Skalitzer Str. 85/86
10997, Berlin
+49 30 3119 9653
1700 S. Lamar Blvd Suite 338
Austin, Texas 78704
+1 (737) 265-6065
See more locations
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