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PAIA and POPIA Manual

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Privacy Policy - SA Law compliant

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Website Privacy Policy - GDPR and POPIA compliant

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## Introduction to the Privacy Policy Generator

If you're looking to generate a privacy policy for your business in South Africa, you've come to the right place. Our privacy policy generator will help you create a custom privacy policy that complies with the requirements of the Protection of Personal Information Act (POPIA).

Creating a privacy policy can be a daunting task, but our generator makes it easy. Simply enter your company's name and contact information, and we'll take care of the rest. We'll even host your policy for you so that you can easily link to it from your website.

Once you've generated your privacy policy, be sure to keep it up to date. The law is constantly evolving, and new technologies are constantly being developed. As such, it's important to review your privacy policy on a regular basis to ensure that it remains compliant.

We hope that our privacy policy generator will help you create a strong foundation for protecting the personal information of your customers and employees. If you have any questions about POPIA or our generator, please don't hesitate to contact us.

## What is included in the Privacy Policy Generator?

The Privacy Policy Generator provides a template for creating a privacy policy for your website or app. It includes sections on what information is collected, how it is used, and your rights as a user. You can also add specific clauses for your country or region.

## How to use the Privacy Policy Generator

If you're looking for a privacy policy generator for your business in South Africa, there are a few things to keep in mind. First, you need to make sure that the privacy policy generator you're using is up to date with the latest laws and regulations. Secondly, you need to ensure that the privacy policy generator is able to generate a policy that's tailored to your specific business needs.

Here's a step-by-step guide on how to use the privacy policy generator:

1\. Enter your business information into the privacy policy generator. This includes your business name, contact details, and website URL.

2\. Select the type of data you collect from users. This could include personal data, sensitive data, or financial data.

3\. Choose what kind of cookies you use on your website. This will help the privacy policy generator create a section on cookies in your privacy policy.

4\. Decide how you want to handle user data requests. You can choose to respond to requests within a certain timeframe or limit the number of requests per day/week/month.

5 . Preview and download your generated privacy policy. Be sure to review the document carefully before publishing it on your website or app.

## Why use the Privacy Policy Generator?

When you create a website or app, you need to have a privacy policy in place. This is because you are collecting personal information from users, and you need to let them know how you will use that information. A privacy policy generator can help you create a privacy policy quickly and easily.

There are many reasons why you should use a privacy policy generator. First, it will save you time. Creating a privacy policy from scratch can be time-consuming, especially if you are not familiar with the process. A generator can do it for you in just a few minutes.

Second, a privacy policy generator can help you ensure that your policy is compliant with all relevant laws and regulations. There are many legal requirements that must be met in order to have a valid privacy policy. A generator can help you make sure that your policy covers all of the bases.

Third, using a privacy policy generator can help you create a professional-looking document. If you hire someone to draft your privacy policy for you, they may charge a lot of money for their services. A generator can produce a document that looks just as good for a fraction of the cost.

Fourth, a privacy policy generator can help you keep your policy up-to-date. As laws and regulations change, your privacy policy needs to change with them. A generator can help you make sure that yourpolicy always meets the latest requirements.

Finally, using a privacy policy generator shows that you care about Privacy!

## Conclusion

If you are looking for a privacy policy generator in South Africa, look no further than Hello Contract. Our easy-to-use generator will help you create a custom privacy policy that meets the requirements of the South African Protection of Personal Information Act (POPIA). Simply enter your company's information and our generator will do the rest. Don't wait any longer, get started today!


Privacy Policy Generator South Africa

You’ve finally saved up enough money to make that big purchase you’ve been dreaming of. But in order to do so, you need to take out a personal loan. You know you need to draw up a contract, but how do you go about doing that? In this blog post, we will explore how to write a contract for a personal loan. We will cover everything from what needs to be included in the contract to how to protect yourself in case of default. By the end of this post, you will have all the information you need to confidently take out a personal loan and protect yourself in the process.

## What is a personal loan?

A personal loan is an unsecured loan that you can use for any purpose. You don’t need to put up any collateral, and you don’t need to have a specific reason for taking out the loan. Personal loans are a great way to consolidate debt, finance a large purchase, or cover unexpected expenses.

When you take out a personal loan, you agree to repay the loan over a set period of time, with interest. The interest rate on a personal loan is usually fixed, which means it will stay the same for the life of the loan. Personal loans typically have terms of three to five years.

You can apply for a personal loan online or in person at a bank or credit union. To qualify for a personal loan, you’ll need to have good credit and steady income. You may also be required to provide collateral, such as a car or home equity.

## What to include in your personal loan contract

When you are writing a contract for a personal loan, it is important to include the following information:
\-the amount of money being borrowed
\-the interest rate
\-the repayment schedule
\-any collateral that is being used to secure the loan
\-the default provisions in case the borrower is unable to repay the loan

## How to write a personal loan contract

When you are lending or borrowing money from someone, it is important to have a written agreement. This will protect both parties in case there is a disagreement later on. Here are some tips on how to write a personal loan contract:

1\. Include all relevant information. This should include the names of the borrower and lender, the amount of money being borrowed, the interest rate (if any), and the repayment schedule.

2\. Make sure both parties sign and date the contract. This will make it legally binding.

3\. Keep a copy of the signed contract for your records.

4\. If you are borrowing money, be sure to make repayments on time according to the agreed schedule. If you are lending money, be understanding if the borrower has difficulties making repayments – but do still insist on getting your money back eventually!

## Tips for negotiating a personal loan

When you are negotiating a personal loan, there are a few things that you will want to keep in mind. First, you will want to make sure that you get the best interest rate possible. This means that you will want to shop around and compare rates from different lenders.

Second, you will want to make sure that the repayment terms of the loan are something that you can afford. This means that you will want to negotiate a repayment plan that works for both parties.

Third, you will want to make sure that the loan agreement is in writing. This way, there is no confusion about the terms of the loan and what each party is responsible for.

Fourth, you will want to make sure that all of the fees associated with the loan are clearly stated in the agreement. This includes any origination fees, late payment fees, or prepayment penalties.

Fifth, you will want to make sure that the collateral for the loan is something that you are comfortable with. This could be your home, your car, or some other valuable asset.

By following these tips, you can ensure that you get the best deal possible on your personal loan.

## Alternatives to personal loans

There are a few alternatives to personal loans that you may want to consider before signing a contract. You could get a cash advance on your credit card, take out a home equity loan, or borrow from a friend or family member. Each option has its own advantages and disadvantages, so be sure to weigh all of your options before making a decision.

## Conclusion

If you're looking to take out a personal loan, it's important to understand how to write a contract for the loan. A contract will outline the terms of the loan, including the interest rate, repayment schedule, and any other pertinent details. By understanding how to write a contract for a personal loan, you can be sure that both parties are clear on the terms of the loan and that everyone is protected in case of any unforeseen circumstances.


How to write a contract for a personal loan

There are a lot of different business documents out there, and it can be hard to keep track of them all. One document you may have heard of but not be entirely sure about is a letter of appointment. A letter of appointment is a formal document that appoints someone to a position within a company, organization, or agency. It is most commonly used in the business world to designate a new employee, but it can also be used to appoint someone to a board, commission, or other group. So, when do you need a letter of appointment? In this blog post, we will explore when this document is necessary and how it can benefit your business.

## What is a letter of appointment?

A letter of appointment is a formal document that confirms an individual's acceptance of a position within an organization. The letter outlines the terms and conditions of employment, including start date, salary, and benefits. It also serves as a contract between the employer and employee.

### When do you need a letter of appointment?

If you are appointed to a public body, such as a board, commission, or committee, you will need a letter of appointment. This letter will be provided to you by the person who is appointing you.

### How to get a letter of appointment?

There are a few different scenarios in which you might need a letter of appointment. For example, if you're starting a new job, your employer will likely provide you with a letter of appointment. Or, if you're renting an apartment, the landlord may ask for a letter of appointment from your employer as proof of income.

If you need a letter of appointment for any reason, the best place to start is by asking your employer or potential landlord if they have any specific requirements or forms that need to be filled out. In most cases, though, all you'll need is a simple one-page letter that includes the following information:

Once you have all the necessary information, simply draft up the letter and have it signed by your employer or landlord. Keep in mind that some organizations may require that the letter be notarized before it's considered official.

### What to include in a letter of appointment?

A letter of appointment is a formal document that confirms an individual's acceptance of a job offer. The letter should include the following information:

*   The name and contact information of the company

*   The position that the individual has been offered

*   The salary and benefits package

*   The start date of the position

*   A statement confirming that the individual accepts the offer

The letter should be signed by both the individual and a representative of the company.

Tips for writing a letter of appointment

A letter of appointment is a formal document that confirms an individual's selection for a specific role or position within an organization. The letter should be clear and concise, and it should include all relevant information about the position.

Here are some tips for writing a letter of appointment:

*   Include the name and contact information of the individual being appointed.

*   Clearly state the role or position that the individual has been appointed to.

*   Include any relevant details about the position, such as start date, salary, etc.

*   Be sure to sign and date the letter.

#### Alternatives to a letter of appointment

There are a few alternatives to a letter of appointment, depending on the situation. If you're applying for a job, you may be able to submit a resume and cover letter in lieu of a letter of appointment. In some cases, you may also be able to submit references or other supporting materials. If you're already employed, your employer may provide you with an offer letter instead of a letter of appointment.

### Conclusion

There are a few situations in which you might need a letter of appointment, such as if you're applying for a job or trying to rent an apartment. In general, a letter of appointment is simply a way to confirm that you have been chosen for something, whether it's a job, an internship, or something else. If you find yourself in one of these situations, be sure to ask for a letter of appointment so that you can move forward confidently.


The quick guide to Appointment Letters in South Africa

A data breach policy is an internal workplace document that sets out how you and your employees deal with real or suspected breaches of the data / personal information you hold, and ensures that the correct procedures are followed to report, minimise and contain any breaches.



Data Breach Policy for HR

This policy is intended to set down the stance of the Company to corruption, fraud, theft and maladministration as well as to reinforce existing regulations aimed at preventing, reacting to and reducing the impact of corruption, fraud, theft and maladministration where these dishonest activities do exist.



Anti-Corruption and Fraud Policy

This is a policy which is intended to regulate and control the use of business credit cards issued to employees.



Credit Card Usage Policy

## The guide to HR policies in the workplace in South Africa in 2023

In a rapidly changing world, it's more important than ever for businesses to have clear and up-to-date HR policies. But with so many different laws and regulations in place, it can be hard to know where to start. This guide will provide you with an overview of the most important HR policies in the workplace in South Africa in 2023. From equal opportunity and diversity policies to leave and attendance policies, we'll cover everything you need to know to ensure your business is compliant.

### What are HR policies?

In South Africa, HR policies are designed to protect the rights of employees and ensure that they are treated fairly in the workplace. These policies cover a wide range of topics, including discrimination, harassment, and equal opportunity.

#### Discrimination policy:

The goal of this policy is to ensure that all employees are treated equally, regardless of their race, gender, religion, or other protected characteristic. This policy prohibits any form of discrimination in the workplace, including hiring, firing, and promotions. All employees must be given an equal opportunity to succeed.

#### Harassment policy:

This policy aims to create a respectful and professional working environment free from any form of harassment or bullying. All employees have the right to feel safe and respected at work. This policy prohibits any form of harassment, including sexual harassment, and provides a process for reporting incidents and seeking redress.

#### Equal opportunity policy:

This policy ensures that all employees have an equal chance to succeed in the workplace. It includes provisions for providing reasonable accommodations for employees with disabilities, as well as measures to prevent pregnancy discrimination. This policy also requires employers to take steps to promote diversity in the workplace

### What are the most common HR policies in the workplace?

The most common HR policies in the workplace are those related to attendance, leave, and discipline. Companies usually have strict attendance policies in place to ensure that employees are present and accounted for during work hours. Leave policies vary from company to company, but typically allow employees to take paid or unpaid time off for personal reasons. Discipline policies outline the consequences for employees who violate company rules or engage in misconduct.

### The different types of HR policies

There are a few different types of HR policies that are common in workplaces in South Africa. The first type is called employment equity. This policy is put in place to ensure that employees are hired and promoted based on their ability, rather than their race or gender. This type of policy is important in ensuring that everyone has an equal opportunity to succeed in the workplace.

The second type of HR policy is called fair labour practices. This type of policy includes things like minimum wage laws, hours of work, and leave entitlements. These policies are designed to protect workers from exploitation and ensure that they are treated fairly.

The third type of HR policy is called human rights. This type of policy ensures that employees are treated with dignity and respect, and that they have the right to freedom from discrimination and harassment. Human rights policies are important in creating a safe and comfortable work environment for all employees.

### How to create HR policies that work for your business

It is important to have clear HR policies in place in your business to ensure that everyone understands the expectations and boundaries. Below are some tips on how to create HR policies that work for your business:

1.  Define what you want your policy to achieve
    before you start writing or revising any policy, it is crucial that you first define what the policy is meant to achieve. This will help you to stay focused and make sure that the policy is relevant and fit for purpose.

2.  Consult with employees and other stakeholders
    once you have a clear idea of what you want your policy to achieve, it is important to consult with employees and other stakeholders who will be affected by the policy. This will help to ensure that the policy meets their needs and expectations.

3.  Keep it simple and concise
    a good HR policy should be clear and concise so that it can be easily understood by everyone. It should also be free from jargon or overly technical language.

4.  Make it enforceable
    to be effective, an HR policy must be enforceable. This means that there must be clear consequences for breaching the policy, which are consistently applied.

### The benefits of having HR policies in the workplace

There are many benefits of having HR policies in the workplace. They can help to improve communication and understanding between employees and management, reduce conflict, and promote a positive work environment. Additionally, well-designed HR policies can help to attract and retain talented employees, as they provide a clear framework for how the company operates.

HR policies can also help to ensure that employees are treated fairly and consistently. This is important in creating a positive work environment where everyone feelsvalued and respected. Furthermore, when employees know that there are established procedures in place for addressing concerns or problems, they are more likely to feel comfortable speaking up about issues. Lastly, HR policies can assist with risk management by setting out clear expectations and procedures for dealing with potential problems.

### How to implement HR policies in the workplace

Human resources policies are the cornerstone of any effective organisation. They provide a framework within which employees can be managed, ensuring that everyone is treated fairly and consistently.

When it comes to implementing HR policies in the workplace, there are a few key things to keep in mind:

*   Communicate the policies to all employees

Make sure that everyone in the organisation is aware of the HR policies that are in place. The best way to do this is to include them in the employee handbook or contract of employment. This will ensure that everyone is on the same page and knows what is expected of them.

*   Train managers on how to implement the policies

It is not enough to simply communicate the existence of HR policies – managers also need to know how to implement them properly. Provide training on the correct procedures for dealing with disciplinary issues, performance management, etc. This will help to ensure that the policies are being followed correctly and consistently across the organisation.

*   Monitor compliance with the policies

HR policies should be reviewed on a regular basis to ensure that they are still fit for purpose and being adhered to by employees and managers alike. If there are any areas of non-compliance, take action to address them – this could involve additional training or review of processes and procedures.

### The benefits of having HR policies in the workplace

HR policies are important for several reasons. They help to ensure a fair and consistent workplace, protect employers from liability, and can improve employee morale and loyalty.

Having HR policies in place can help to prevent or resolve disputes between employees and managers. They can also help to ensure that employees are treated fairly and consistently, which can improve morale and loyalty. Additionally, HR policies can help to protect employers from liability in the event of an employment dispute.

#### Great examples of effective HR policies

It is important for companies to have effective HR policies in place. We have included quiet a few on our site, by clicking on the link you will be directly taken to the ecommerce store to purchase them.

The following are examples of effective HR policies:

*   Employee Code of Conduct: This policy sets out expectations for employee behaviour and outlines the consequences for breaching the code.

*   Anti-discrimination and Harassment Policy: This policy prohibits discrimination and harassment on the basis of protected characteristics, and sets out procedures for  reporting and addressing incidents.

*   Equal Employment Opportunity Policy: This policy ensures that all employees are treated fairly and equally, regardless of protected characteristics.
    Performance Management Policy: This policy outlines how performance will be managed and evaluated in the company.

*   Leave Policy: This policy sets out entitlements to different types of leave, such as annual leave, sick leave, and family responsibility leave.

*   [Anti-Corruption and Fraud Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-anti-corruption-and-fraud-policy): This policy sets out the company's stance on corruption and fraud, and outlines the procedures for reporting and investigating incidents.

*   [Conflict of Interests Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-conflict-of-interests-policy) : This policy requires employees to disclose any potential conflicts of interest, and sets out procedures for managing conflicts of interest.

*   [Credit Card Usage Policy ](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-credit-card-usage-policy): This policy sets out the company's policy on the use of credit cards, including expenditure limits and authorisation procedures.

*   [Data Breach Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-data-breach-policy)  : This policy sets out the company's procedures for responding to data breaches, including steps to take to prevent further breaches and protect affected individuals.

*   H[ealth and Safety Policy Statement: ](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-health-and-safety-policy-statement)This policy sets out the company's commitment to health and safety in the workplace, and outlines procedures for reporting and investigating incidents.

*   [Social Media Usage Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-social-media-usage) : This policy sets out the company's expectations for employee use of social media, including guidelines on what is considered acceptable behaviour.

*   [Workplace Smoking Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-workplace-smoking-policy) : This policy sets out the company's stance on smoking in the workplace, including designated smoking areas and penalties for breaching the policy.

## South Africa-specific HR policy advice

In order to ensure that your workplace is compliant with South African labour laws, it is important to have HR policies in place. These policies should be specific to your company and its operations, and should be regularly reviewed and updated.

When it comes to HR policy advice, there are a few key things to keep in mind for businesses in South Africa:

*   The Employment Equity Act: This act promotes equality in the workplace by ensuring that employees are not discriminated against on the basis of race, gender, or disability. Employers must take active steps to achieve equity in their workplaces, and this should be reflected in company policies.

*   The Basic Conditions of Employment Act: This act sets out the minimum standards for employment contracts in South Africa. All employees must be provided with a written contract of employment which details their rights and responsibilities, as well as those of the employer.

*   The Labour Relations Act: This act governs collective bargaining and trade unions in South Africa. It is important for employers to be aware of their obligations under this act, as well as the rights of employees to join or form trade unions.

By having specific, up-to-date HR policies in place, businesses in South Africa can ensure compliance with labour laws and protect the rights of their employees.

## Conclusion

HR policies are constantly evolving, and it can be hard to keep up with the latest changes. That's why we've put together this guide to HR policies in the workplace in South Africa in 2023. We hope that this guide will help you ensure that your workplace is compliant with the latest regulations, and that your employees are happy and healthy.


The Guide to HR Policies in South Africa

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Technology and access to information has made our lives so much easier. Our digital scrapbooking skills through Social Media platforms such as Facebook, Instagram and Twitter pave the way for a new kind of ‘access to information’. It is the access into our lives. It is a mirror on all activities, trips, highlights and events that you wish to share with the entire world.  

And why not? That beach-body pose on the blue shores of Maldives can send followers and likes directly your way and is completely harmless in the meta-verse…right?  

That answer all depends on your company’s Social Media Policy.  

> “To Post or Not to Post” 
> \-That is the question that all employees should ask. 

### Why have a Social Media Policy?  

The sole purpose of such a policy is for the protection of a company’s brand image and to encourage all employees to use their social media accounts responsibly. So that post of Friday night drinks at the office may send, along with the followers and likes, lawsuits coming your way. Such a policy is a stonewall defence against such suits.   

### Do we even need a social media policy nowadays? 

Yes, an up-to-date and active social media policy is essential in current corporates as employees are now more active on social media platforms than ever before. Businesses are solely responsible for the safe-guarding and maintenance of their good business name. Any deviance from that, such as an employee’s post, which may not reflect the the true values or vision of a company and the spreading of fake news could result in huge legal suits and financial losses for the company.   

### Who regulates social media in South Africa? 

Lawyers have come to the conclusion that the POPIA (Protection of Personal Information Act) does not apply to pictures taken or shared. It is the company’s Human Resources, Public Relations and Marketing departments that are at the forefront of the company’s good business image and hence in charge of reporting and educating employees on the do’s and don’ts of social media.  

**What should be added in a social media policy?** 

The following are a few elements that are included in a social media policy:   

1.  Employee access: this is an outline on what sites employees are allowed to access at work.  

2.  Conduct, oversight and enforcement: acceptable use and code of conduct of social media accounts.  

3.  Prohibited behaviour: this includes inappropriate jokes; offensive remarks; content that employees do not have the right to and plagiarised content to name a few.  

In conclusion, a social media policy is essential in the current corporate South Africa and illuminates the correct and appropriate use of all social media accounts. In as much as some departments are in charge of the management and maintenance of a good business image, it is the responsibility of all employees to be part and parcel of the face of their company. This policy is the mirror in which the face of the company reflects whenever employees are on the internet.  

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 


A guide to social media policy in south africa

A Guide to a Social Media Policy

## Disciplinary hearings in the Workplace

If an employee has allegedly breached their employment contract or a work place policy, the employer
must hold a disciplinary hearing to address the employee and make a final decision as to the alleged wrongful conduct.

A disciplinary hearing is a formal meeting where the employer can properly investigate the merits of
the charges against the employee being accused. This process is prescribed by
Schedule 8 of the Labour Relations Act 66 of 1995.

A disciplinary hearing is a meeting between an employer and an employee where the employer will
discuss an allegation of misconduct with an employee.

## What should be included in the notice to attend a disciplinary hearing?

If an employee wants to hold a disciplinary hearing, they need to inform the employee
in writing about the hearings and the reasons for the hearing. The employer
must prepare a formal notice. In such a notice, the following information
should be provided by the employer to ensure procedural fairness:

1.  Date, time and place of the hearing;

2.  The charges laid against the employee;

3.  Notification to the employee of the option to be represented;

4.  Notification to the employee of the right to an interpreter; and

5.  Notification to the employee of the right to call witnesses to prove its case and innocence
    in the case levelled against him/her.

## How should the “charge” be formulated?

The charge should be formulated in precise and simple language
that the employee can understand. It is unfair for an employer to charge an
employee with two or more separate forms of misconduct in circumstances where
the conduct only constitutes one offense.

## How does a disciplinary hearing work?

Employees are often stressed and overwhelmed when they are asked to attend a disciplinary hearing. A
disciplinary hearing by nature is stressful and taxing for an employee. However,
employees must always remember that a disciplinary hearing is their opportunity
to be heard and to give their version of events.

Ultimately, the purpose of a disciplinary hearing is to provide the accused employees with
an opportunity to lead evidence and plead their innocence before a final decision
is made.

From an employer’s point of view, the disciplinary hearing is essential as it ensures that before
a decision is made the employer can ensure that there are in fact substantive
reason to dismiss the employee.

Employers are responsible for ensuring that their employees are treated fairly both
procedurally and substantively. In any disciplinary proceeding, the proper
protocol must be followed, and employees must be aware of their rights and
entitlements.

## What is the difference between procedural and substantive fairness?

Dismissals must be both procedurally and substantively fair.

Procedural fairness refers to the process which the employer follows when dismissing an employee. If
a dismissal is procedurally fair it means that the employer has followed a fair
and proper procedure before dismissing the employee. For example, in order for
a dismissal to be procedurally fair, the employee must hold a disciplinary
hearing.

Substantive fairness refers to the nature of the charge against the employee. Substantive fairness
relates to the existence of a fair reason for the employer to dismiss an
employee.

## What are the requirements for a fair disciplinary hearing?

It is recommended that a disciplinary hearing is conducted by an independent and impartial chairperson.

The chairperson should be objective and fair. The chairperson is responsible for outlining the
violation or misconduct and explaining the hearing process to the parties.

The disciplinary hearing must start with the employer stating the alleged breach or charge and
providing their evidence to support the allegation. Once the employer has
stated the case against the employee, the employee is then allowed to present
their version of events. Remember that both parties may call witnesses and the
Chairperson may question these witnesses for clarity if necessary.

## What is the Chairperson’s role?

The Chairperson is responsible for outlining the violation or misconduct and explaining the
hearing process to the parties.

The Chairperson must ensure that both sides are given a fair chance to prepare their case and lead evidence.
The Chairperson must ensure that the witnesses are not led by the employee or
employer.

The Chairperson will decide on the employee's guilt or innocence after hearing from both the
employer and the employee, as well as evidence and witnesses. If the employee
is found guilty, this decision will be made on the basis of a balance of
probabilities, and it will contain an appropriate consequence or conclusion.

In terms of Schedule 8 of the Labour Relations Act (66 of 1995)

*   An employer must investigation and prepare evidence to prove the transgression or
    misconduct that the employee has allegedly committed. This does not, however,
    have to be a formal inquiry;

*   Next,the employer must issue the employee with a Notice to attend the hearing in a
    language that the employee can reasonably understand.Each party must have a reasonable time to prepare a response to the allegation, or where necessary, get the help of a trade representative. This is usually a minimum of 48 (forty-eight) hours.

*   The disciplinary hearing must then be held on the proposed date and time, at which point,
    the employer and employee will each have a chance to state their case and respond
    to the allegations.

*   After the hearing, the employer should communicate the findings of the hearing and
    decision ultimately taken to the employee.

(Though not always a formal requirement, the employer should provide the employee with
written notification of the outcome of the hearing and whether it is punitive
or dismissive in nature.


Disciplinary Hearings

**WHAT IS SURETY?**

Surety a person or organisation that takes responsibility for another's performance of an undertaking to pay the debt in case the debtor policy defaults or is unable to make the payments.

The party that guarantees the debt is referred to as the surety, or as the guarantor.

**WHAT IS A SURETYSHIP AGREEMENT?**

A suretyship agreement is an agreement in terms of which the surety undertakes liability towards a creditor for the proper performance of a portion of or the entire obligation of a debtor.

It is essential for there to be a valid principal obligation between the creditor and debtor in order for the suretyship agreement to be valid. A suretyship agreement is an accessory agreement, which only exists in the presence of a valid underlying agreement. Therefore, if there is no principal obligation, then there is no suretyship agreement. 

The obligation of the debtors towards the creditor continues to exist notwithstanding the suretyship agreement.

In simple terms, a suretyship agreement helps provide security for payment being made to the creditor by the debtor. If the debtor defaults, the creditor can look to the surety instead, in terms of the suretyship agreement, to recover the monies owing.

It is a requirement that a suretyship agreement must be in writing and signed by the surety in order for it to be valid. 

**WHY DO YOU NEED A SURETYSHIP AGREEMENT?**

A creditor who has enters into an agreement with another person or entity (debtor), where that debtor has to, or might in future, owe the creditor money, the creditor might like some security to ensure that they are able to recover the monies owing if the debtor defaults in payment.

**DIFFERENCE BETWEEN SURETYSHIP AND GURANTEE **

*Suretyship*

A suretyship is a contract between the creditor, the principal debtor and the surety. In his personal capacity the surety undertakes to step into the shoes of the principal debtor and pay the creditor if the principal debtor can’t. The suretyship agreement exists, dependant on an underlying agreement. 

The surety and the principal debtor become jointly and severally liable to the creditor.

*Guarantee*

An independent guarantee exists independently of any underlying agreement by the principal debtor to the creditor.

The guarantor irrevocably and unconditionally guarantees, as a primary obligation, in favour of the creditor, the payment by the principal debtor of all amounts it owes to the creditor and undertakes to pay the creditor on written demand all sums which are now, or at any time or times in the future due by the principal debtor to the creditor.

The guarantee is a continuing covering security and remains in force until the principal debtor pays everything it owes to the creditor.

**WHAT SHOULD BE INCLUDED IN A SURETYSHIP AGREEMENT? **

*Suretyship*

The primary obligation for which the suretyship agreement applies to must be agreed on and stated within the agreement to avoid any uncertainty.

The surety should undertake that they shall not be entitled to withdraw or cancel this suretyship unless and until all indebtedness, commitments and obligations have been fully discharged or extinguished. 

*Renunciations*

The surety should renounce all benefits arising from the legal exceptions and defences and agree and declare that the suretyship is to be in addition and without prejudice to any other suretyship/s and security/ies now or hereafter to be held by the creditor.

*Claims and/or counterclaims of the principle debt *

The surety should acknowledge that all amounts due and payable by the principal debtor to the creditor shall be recoverable from and paid by the surety notwithstanding that the principal debtor may have any claim or counterclaim of whatsoever nature and howsoever arising against the creditor.

*Release and Latitude*

Without affecting the rights of the surety, the creditor may be entitled to release securities and other sureties of the surety.

*Costs, Charges and Expenses*

The surety is responsible for all costs, charges and expenses of whatsoever nature which may be incurred by the creditor in enforcing their rights in terms hereof including, but not limited to, legal costs, collection commission and tracing fees irrespective of whether or not any action has been instituted against the surety.

*Application of Monies*

All parties should agree that the creditor is irrevocably authorised to apply any monies received in terms of this suretyship in such manner as the creditor in its entire discretion may think fit.

*Boilerplate clauses *

Just like any other agreement, the suretyship agreement should contain standard boilerplate clauses (also commonly referred to as standard or general clauses). These clauses are included in the agreement to ensure certainty and prevent ambiguity.

Boilerplate clauses to expect in a suretyship agreement:

1.  Severability 

2.  Notices and Domicillium 

3.  Variation 






Suretyship Agreements

Vaccination policies in South Africa remain controversial however they are not illegal if the policy is implemented in a manner which conformed with the laws in South Africa. 

Many companies followed the Department of Employment and Labour *Amended Consolidated Direction on Health and Safety *which provided the circumstances under which an employee may implement a mandatory vaccination COVID 19 policy in their workplaces. 

However, now that South Africa is no longer in a National State of Disaster, is your vaccination policy still legal? We seek to provide you with the answer in this article and to assist you in drafting a legally enforceable vaccination policy.  

> To be clear, the law in South Africa still allows for vaccination requirements / policies in the workplace even outside of the National State if Disaster.   
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> ** **
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**What does the law say? ** 

Even before COVID, the Occupational Health and Safety Act, 1993 (**OHSA**), provided for guidelines on vaccination policies in South Africa.  

Under OHSA, an employer in a company has a legal duty to ensure a working environment that is safe and without risk to the health of its employees.  

Under OHSA various regulations are published which help employers understand and practically implement the provisions of OHSA.   

For example, the Hazardous Biological Agents Regulations (**Hazardous Regulations**) were recently amended to state that the SARS-CoV-2 virus is classified as a Group 3 hazardous biological agent. The Hazardous Regulations further confirm that a registered vaccine for the SARS-CoV-2 virus (COVID) is available in South Africa. 

The law in South Africa states that employers are to conduct a risk assessment to determine if any employee could be exposed to a hazardous biological agent. If after conducting the risk assessment it is found that employees may be exposed to COVID or another hazardous biological agent at the workplace the employer must take steps to control such exposure in the workplace. 

The Hazardous Regulations go on to provide that, such control measures must include **making available effective vaccines** for employees who are not immune to the hazardous biological agent in question. 

How does an employer being to implement such control measures? 

**The Code of Practice** 

The Code of Practice: Managing Exposure to SARS-CoV-2 in the Workplace” (**Code**) is now in force. The Code states that every employer must undertake a risk assessment and based on the risk assessment must develop a plan to include** steps to be taken relating to the vaccination of its employees**.  

A vaccination policy is only necessary and therefore legally enforceable as a “reasonably practicable control measure” which the employer will determine based on its risk assessment. 

 

**What is a Risk Assessment?** 

What is a risk assessment and how do you go about doing one?  

Before developing a policy on vaccination, an employer needs to conduct a risk assessment. You can find our suggested risk assessment document here \[=].  

Legally an employer must inform all employees of the results of the risk assessment, and the employees must be given an opportunity to comment.  

If there is an employees’ union representing the majority of employees the employer must also consult with the union regarding the outcome of the risk assessment. To the extent that there is a health and safety representative/committee, the employer must also consult with the committee.   

**What does a Vaccination Policy look like? ** 

Once the risk assessment has been completed and the employer has determined that there is a need for a policy to ensure a safe working environment, the employer must draft a policy describing the steps to be implemented for vaccinations in the workplace.  

But what does this policy look like? You can find our suggested vaccination policy document here \[=]. 

The Code states that an employer must provide employees with information about:   

*   the nature of vaccines used in the country; 

*    the benefits of the COVID-19 vaccines;  

*   the nature and risk of any serious side effects; 

we would suggest providing employees with the following fact sheet – \[=].  

**Objections to vaccination: ** 

Employers are advised to note that an employee can object to a vaccination on medical and constitutional grounds.  

The Vaccination Policy must make provision for an objections process. Our Vaccination Policy sets out clear guidelines to be followed when an employee refuses a vaccination.  

 


Vaccination Policy South Africa

##### **WORKPLACE POLICIES** 

The Team at Hello Contract aim to ensure that each workplace is as safe as possible. This article was written for the benefit of both employers and employees. It is critical that the following workplace policies are in place in any South African work environment.  

Our workplace policies and procedures are set out in a template from for easy use. Simply answer a few questions and receive your very own customised workplace polices. A set of policies is a guiding principle used to provide guidance for your organization or company. The workplace policies are  usually published in a booklet or online and are widely accessible to all within the company.  

> Workplace policies are the most underestimated documents we see when practicing employment law. It is very easy to take control as an employer, but a significant number of employers do not have workplace policies in place.

##### **Anti-Fraud and Corruption Policy**;

An Anti-Fraud and Corruption Policy aims to ensure that all employees are made aware of the exact actions that constitute fraud and corruption in a particular workplace and generally. 

An Anti-Fraud and Corruption Policy further seeks to explain the exact steps that will be taken in instances of suspected fraud or corruption in a workplace.  

The Anti-Fraud and Corruption Policy also provides a mechanism for employees to follow when they suspect that there may be fraud or corruption in the workplace.  

The Anti-Fraud and Corruption Policy further provides protection for “whistle blowers” i.e. those who seek to report fraud and corruption in the workplace.  

This is an essential workplace policy for all private companies in South Africa.  

Get your Anti-Fraud and Corruption Policy here: [Anti Corruption and Fraud Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/anti-corruption-and-fraud-policy)

##### **Employment Policy - Conflict of Interests Policy** 

A conflict of interest occurs when an employee or its employer are compromised as a result of a clash between their personal (or self-serving) interests and their professional duties or responsibilities to act in the best interests of another (e.g. their employer or company).  

Problems arise when an employee or employer chooses personal gain over their duties to conduct themselves in the best interests of the company. When such a situation arises, the employee or employer is usually asked to remove themselves, and it is often legally required of them.   

A Conflict of Interest Policy applies to the following persons: 

1.  all Company employees (fixed term and permanent); 



1.  supervisors and management; 



1.  directors, public officers; and 



1.  consultants/contractors contracted by the Company. 

A Conflict of Interest Policy is informed by the South African Companies Act 71 of 2008 (Director’s fiduciary duties)  

By way of example a conflict of interest may arise when an employee, has a family member which he suggests should be used as a supplier by his or her new employer. This conflict of interest has arises as the employer is now unsure if the employee’s conduct, judgment and/or decision-making is unbiased. 

However, if an employee suggests a new supplier, which happens to be his or her family member, it does not necessarily imply wrongdoing on anyone’s part. 

However, the Conflict of Interest Policy is there to ensure that when a conflict of interest arises, it must be recognized, disclosed, managed, reduced and/or eliminated.  

Without a Conflict of Interest Policy in place, a company cannot manage conflicts of interest that may arise and therefore cannot determine which Conflicts are serious enough to warrant a dismissal or which Conflicts are to be simply disclosed and filed in the employees HR file. 

The Hello Contract Conflict of Interest Policy  is ready to be tailored to your company’s needs and should be considered a starting point for setting up your employment policies.  

Get your Conflict of Interest Policy here:  https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/conflict-of-interests-policy

##### **Employment Policy - Human Immune Deficiency (HIV) & Acquired Immune Deficiency Syndrome (AIDS)** 

An HIV Policy is drafted to ensure that employees who have been medically diagnosed with or who are suspected of having the HIV virus and the AIDS virus are respected and measures are put in place to prevent the spread of the HIV virus and the AIDS virus.  

HIV and AIDS are serious public health problems in South Africa that have socio economic, employment and human rights implications.  The HIV and AIDS epidemic will affect every workplace, with prolonged staff illness and absenteeism and will impact on productivity, employee benefits, occupational health and safety, production costs and workplace morale.  

HIV and AIDS are still a disease surrounded by ignorance, prejudice, discrimination and stigma.  

One of the most effective ways of reducing and managing the impact of HIV and AIDS in the workplace is through the implementation of a HIV/Aids policy and programme. In the light of this, this policy has been developed as a guide to the Company’s management and employees. 

The purpose of this HIV Policy is to reassure employees that AIDS is not spread through casual contact during normal work practices and to reduce unrealistic fears about contracting an AIDS virus-related condition.  

In addition, the HIV Policy is there to protect the legal right to work of employees who are diagnosed with an AIDS virus-related condition and provides guidelines for situations where infection with the AIDS virus is suspected as to ensure individuals with HIV infection are not unfairly discriminated against in the workplace. 

##### Employment Policy - IT Policy 

The use of technology in the workplace is an integral part of modern working live as it provides employees the opportunity to perform their daily tasks more efficiently and effectively, whether out in the field or in the office. 

This IT Policy draws on the relevant legislation in South Africa, in particular the Regulation of Interception of Communications and Provision of Communication Act (“RICA”), the Protection of Personal Information Act (“POPIA”) and the Electronic Communications and Transmissions Act (“ECTA”).  

The IT Policy will apply to all company personnel, employees, contractors etc. who make use of the company’s IT equipment as well as external third parties who may from time to time make use of the company’s IT equipment.  

The IT Policy will further go on to explain what exactly constitutes the company’s IT. For example, it will differentiate between hardware, software and telecommunications related tools etc.  

An IT policy is essential as it ensures that all employees, even when working from home, have guidelines to follow when using the company’s IT.  

##### Q & A ON WORKPLACE POLICIES 

Q: Why does a company need workplace policies?  

A: Workplace policies are essential to ensure a safe work environment for all. Workplace policies provide guidelines for the relationship between the employee and the employer and ensure that both an employer and employee are made fully aware of their duties and obligations.

Workplace Policies you need for your business

**Service Level Agreements (SLA’s) – Here’s what you need to know about them.**

A Service Level Agreement (SLA) is a contract that sets out the services that one party has agreed to render to another. The parties to a Service Level Agreement are often referred to as service provider and client. The service provider being the party that renders the services and the client being the party who receives the services rendered or  receives the goods produced as a result of those services.

An SLA usually exists between a business and its customers/clients. Regardless of what type of SLA exists between parties there are common building blocks that should be included in each SLA.

In this blog we evaluate some of the key concepts and clauses that should be included in all Service Level Agreements, and provide some background on why these are important!

**If you would like to go directly to our shop and purchase our automated Service Level Agreement, click > **[**Service**](https://shop.hellocontract.co.za/businessandcommerciallaw/service-level-agreements/service-level-agreement)** Level Agreement **

Contents of this blog;

1.  [Commencement, Duration and Termination](https://hellocontract.co.za/?p=2207#Duration)

2.  [Services](https://hellocontract.co.za/?p=2207#Services)

3.  [Service Variation](https://hellocontract.co.za/?p=2207#ServiceVariation)

4.  [Fees](https://hellocontract.co.za/?p=2207#Fees)

5.  [Force Majeure Event](https://hellocontract.co.za/?p=2207#InterruptionEvent) 

6.  [Intellectual Property](https://hellocontract.co.za/?p=2207#IP)

7.  [Boilerplate Clauses](https://hellocontract.co.za/?p=2207#Boilerplate)

**Commencement, Duration and Termination**

It is of importance that the parties to the agreement agree on when the agreement will come into effect and for how long the agreement will be in existence for. The agreement should provide clarity on how the agreement will be terminated and which of the parties will be allowed to terminate the agreement and if they will be allowed to end the agreement without reason and the notice period in such a case.

**Services**

This clause is one of the most important clauses in the entire agreement. Here you will find the details of the services that the service provider has agreed to render to the other party. A brief summary of the services, to whom and how the services will be delivered are details that you would also want to include in this clause.

**Service Level **

An SLA should provide clarity on how the success of the services rendered by the service provider is to be measured or approved. Parties should agree on what measurement will be used to measure the success of the services and how and when the success should be measured, within the agreement. 

**Service Variation**

Service Variation means a material change in the services that is made at the reasonable discretion of the Service Provider or at the request of the client. It is important that the process to be followed if the service provider needs to make an adjustment to services be clearly stated within the agreement.

In the Service Variation clause, it would be advisable to include how the service provider should go about obtaining the consent of the client to vary the services. In the instance of service variation, the fees in respect to services rendered may also need to be adjusted. It is then important that this clause clarifies the procedures to be followed for the service provider to obtain consent from the client to effect a fee adjustment.

**Fees**

As with any agreement that involves compensation, there should be clarity on the fees that will be charged for services rendered. The fees should be agreed upon and the details of when, how often and how payment will be made should be clarified in the agreement. The agreement should state whether the service provider will require a deposit before starting to render services, and if so, how much that deposit will be, when and how it will be paid. Parties may also agree on the penalties that may be imposed should one of the parties make a late payment. 

**Intellectual Property**

While rendering services to the client, intellectual property, including inventions, product designs, creative works etc, may be created. For the avoidance of any doubt, it is thus very important to ensure that the parties agree on which party will retain ownership of any and all intellectual property that is created by the service provider while rendering services to the client.

**Boilerplate Clauses **

Apart from the above, all  Service Level Agreements should contain standard boiler plate clauses (or standard clauses) which are included to ensure certainty and prevent ambiguity. 

These clauses would include, for example:

1.  Domicilium and Notices 

2.  Non- Waiver

3.  Assignment

4.  Governing Law and Jurisdiction 

5.  Force Majeure Event 

6.  Dispute Resolution Procedures

7.  Non-Variation of Agreement Provisions

8.  Severability Provisions

9.  Whole Agreement provisions

To understand more about boilerplate clauses, please read [here](https://hellocontract.co.za/boilerplate-clauses-what-are-they-and-why-are-they-important/). 

At Hello Contract, we have taken into account all of the above considerations so that you can create a version of a Service Level Agreement that is perfectly suited to your needs, and which is available [here](https://shop.hellocontract.co.za/businessandcommerciallaw/service-level-agreements/service-level-agreement).









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