Find out about employment rights and conditions under the Employment Act, leave, public holidays, fair employment and schemes for employers and employees. People Analytics Employees are expected to demonstrate good judgment and professional taste. TERMS AND CONDITIONS OF EMPLOYMENT 6. What is Business Dress Code? Ordinary hours of work 9. Hourly paid staff members will not be compensated for any work time missed because of failure to comply with designated workplace attire and grooming standards. The Basic Conditions of Employment Act prescribes certain minimum conditions of employment which must be applied. Tribunals may not be so generous when faced with policies that are implemented purely for the purpose of maintaining a corporate image. Our company’s official dress code is [Business/ Business Casual/ Smart Casual/ Casual. ] In the past, tribunals have found that dress codes, although discriminatory, may be justifiable for health and safety reasons. All employees are expected to comply with this dress code in a manner consistent with their gender identity and expression. HR Systems A This is clearly a very sensitive area for employers given the implications of the Race Relations Act 1976 and, more recently, the Employment Equality (Religion or Belief) Regulations 2003. At the discretion of the department head, in special circumstances, such as during unusually hot or cold weather or during special occasions, staff members may be permitted to dress in a more casual fashion than is normally required. We may change our dress code in special cases. If their choice of clothing is restricted by a dress code in a way that is not mirrored by the restrictions placed on their female colleagues, then the code could be deemed discriminatory. More employees enjoy benefits under the basic conditions of employment act In terms of the amendments to our current legislation the threshold, for benefits under certain sections of the Basic Conditions of Employment Act, has been increased from R149 736.00 to R172 000.00, effective from 1 … This means that tribunals will assess a dress code as a whole, looking at whether restrictions are placed on both men and women, rather than assessing the policy with a garment-by-garment approach. Then, both male and female employees should wear suits, ties, white shirts and appropriate shoes. Advertising specifications Employees would be asked not to turn up to work in jogging pants and baseball caps, or t-shirts with offensive slogans or overly noticeable designs. Change Management The rights of employees to dress as they please must be balanced with the demands of discrimination legislation, and the need to convey a corporate image. (1) Subject to this Chapter, an employer may not require or permit an employee to work more than— (a) 45 hours in any week; and (b) nine hours in any day if the employee works for five days or fewer in a week; or (c) eight hours in any day if … Customers may gauge the quality of the Company by the attention the employees show to personal appearance and attire. It should be non-discriminatory and fair. A dress code is a set of standards that companies develop to help provide their employees with guidance about what is appropriate to wear to work. Workforce Planning, • About Personnel Today Most customers use our digital services (e.g. For example, a company’s decision to ban beards for hygiene reasons in a food factory was found to be justifiable, even though it discriminated against a Sikh worker. APPLICATION OF THE ACT : SECTION 3 The Act applies to all employees and employers The LRA provision provides that discriminatory dismissals, being those based on listed or arbitrary grounds, are automatically unfair. Making specific requests of female staff could be deemed as discrimination under the Sex Discrimination Act 1975 as, by restricting their choice of clothing for work, the female employees are suffering a detriment on account of their sex. 2.1 This code is issued in terms of section 87 (l) (b) of the Basic Conditions of Employment Act (BCEA) 75 of 1997. The following list is a guideline of appropriate and inappropriate attire under the summer dress policy. Because deviating slightly from the dress code usually does not cause undue hardship for your employer and does not make the workplace unsafe, your employer should grant you a reasonable accommodation. Following a recent case concerning an employee working at a Jobcentre (Thompson v Department for Work and Pensions), employers should be wary of restrictions placed on male employees. Contact us HR Consultant Basic Conditions of Employment Act, 1977 (Act No. The case was eventually settled, but acts as a reminder that male employees can be discriminated against in much the same way as their female colleagues. other than company logo. But, as a rule of thumb, employers can only set dress regulations that do not discriminate against one of the legally protected classes. Employees are expected to present themselves in a professional manner that results in a favorable impression by clients and customers. Dress Code (Revised Summer 2017) PERSONAL APPEARANCE Personal appearance, proper hygiene, and appropriate attire are important to the work environment. Dress Code Policy Template: Introduction: The [company name] dress code policy is designed to help us all provide a consistent professional appearance to our customers and colleagues. Employees who report to work inappropriately attired will be asked to leave work to change clothes and will be required to use personal time or vacation time to do so. • How to stand up for your rights at work. However, as an employer and as a business owner, it is your duty to make sure that your company presents a professional image, and … Learning & Development This chapter looks at: • The laws protecting people living with HIV or AIDS in the workplace. Business casual dress is defined as follows: Certain staff members may be required to meet special dress, grooming and hygiene standards, such as wearing uniforms or protective clothing, depending on the nature of their job. The Non-Instructional Dress Code policy should be followed by all employees to project a positive image of the University while also allowing maximum flexibility to maintain good morale; respect individual religious, racial, gender-specific, and ethnic attire; and give due consideration to safety and sound business practice.. II. The Basic Conditions of Employment Act, 1997 (Act No. Given that new regulations were only introduced last year, we have yet to see any cases concerning their impact on dress codes. Managers or supervisors may determine if an employee is dressed inappropriately for the workplace within the summer dress policy. The following guidelines apply to business attire: Business casual dress will be permitted on (day of week). Every situation is different and should be analyzed by a lawyer in your area. • Dress policies for men and women do not have to be identical, but standards imposed should be equivalent. Examples of inappropriate footwear include flip-flops and construction or hunting boots. Talent Management Occupational Health 7. A When introducing any dress code or rules as to what employees can wear, employers should be mindful of discrimination legislation. A person who is … Any staff member who does not meet the attire or grooming standards set by his or her department will be subject to corrective action and may be asked to leave the premises to change clothing. Employee Relations As you approach the adoption of any dress code, though, put in place a minimal amount of guidance to ensure a workplace that meets your standards. Casual shirts: All shirts with collars, business casual crew-neck or V-neck shirts, blouses, and golf and polo shirts. Q Can employers request that female employees wear skirts and/or dresses at work? Privacy policy You can view the Code of Federal Regulations (CFR) sections for U.S. Department of Labor regulations by using one of the links below. For men, business attire includes a long-sleeved dress shirt, tie, and tailored sport coat worn with dress trousers (not khakis) and dress shoes. BASIC CONDITIONS OF EMPLOYMENT ACT, 1997 SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMS OF SECTION 30 The following is a summary of the provisions of the most important sections of the Basic Conditions of Employment Act, 1997, as amended. Whether or not a specific action is addressed in this manual does not limit the authority of management to make judgments of any act as being unprofessional, or detrimental to the welfare of … Employees are expected to present themselves in a professional manner that results in a favorable impression by clients and customers. For example, the Act lays down a … Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. Q Can employers require employees to remove clothing relating to their race and/or religious beliefs, so as to conform to any dress code? It must be in the prescribed form and displayed in the official language(s) spoken by employees at the workplace. Examples of inappropriate pants include shorts, camouflage, and pants worn below the waist or hip line. The tribunal found that the policy was discriminatory in the specific requests that it placed upon male employees. If a staff member comes to work in inappropriate dress, he or she will be required to go home, change into conforming attire or properly groom, and return to work. These are not inflexible conditions, in the sense that the employer may offer a better condition, but he may not offer nor include in any contract a condition that is less favorable to the employee than the corresponding condition contained in the BCEA. 75 of 1997) has been updated by Government Gazette 34947 - Amendment to Act. Recruitment & Resourcing For some employers, it will merely state that they should dress in a smart fashion, so as to maintain a professional corporate image. Diversity & Inclusion In general, an employer may establish a dress code which applies to all employees or employees within certain job categories. Much of the case law concerning racial discrimination and dress codes relates to employers’ requirements that employees wear certain clothing for health and safety reasons. Wellbeing A Many employers in the UK have a dress code policy specifying what standard of dress and appearance is required of their employees. • Common questions around HIV/AIDS and employment issues. Employee appearance contributes to [Company Name]’s culture and reputation. Basic elements for appropriate and professional business attire include clothing that is in neat and clean condition. The [company name] dress code policy applies to [which positions this applies to]. If you structure your Code in that manner, you are bound to follow that procedure and there may be an instance where the seriousness of the offense calls for dismissal. Compensation & Benefits Types of dress codes for work. Mr Thompson was required to wear a collar and tie while women were only required to “dress appropriately and to a similar standard”. If your employer has a dress code that you cannot follow due to religious beliefs or disability, you have the right to ask for a reasonable accommodation to deviate from the dress code. Featured Image Credit: IzelPhotography / Deposit Photos 87930522. eServices, web chat, website) to find out about the latest work pass requirements. Tight, revealing or otherwise inappropriate clothing. Performance & Engagement Pants: Casual slacks and trousers and jeans without holes, frays, etc. © 2011 - 2021 DVV Media International Limited. You will be bound, by the conditions of your own procedure, to only apply a verbal warning. You can use a common dress code for your business or create your own. Health & Safety Employee Benefits Live, • Occupational Health & Wellbeing The goal is to be sure that we maintain a positive appearance and not to offend customers, clients, or colleagues. • A workplace dress code is a set of standards that employers develop about what is appropriate for employees to wear to work. The EEA provision on the other hand prohibits discrimination contained in employment policies or practices, such as dress codes, on listed or arbitrary grounds. [Company Name] has a traditional business attire dress code. Examples of inappropriate shirts include T-shirts, shirts with inappropriate slogans, tank tops, muscle shirts, camouflage and crop tops. APPLICATION OF THE CODE. For others, however, the policy may be more specific for health and safety reasons. Footwear: Casual slip-on or tie shoes, dress sandals, and clean athletic shoes. Condition of Employment. Violations of the policy can range from inappropriate clothing items to offensive perfumes and body odor. Name badges must be worn with badge number facing out and visible at all times. These are examples only. Q Can employers include an express contractual term relating to dress codes? HR Director I know people suggest to dress in layers for the ACT because you never know what temperature your testing room is going to be, but my friend told me she wishes she would've worn a tank top last time she went to the same testing center I'm going to because the room was so warm. A condition of employment refers to something that both the employee and employer agree to at the beginning of a worker’s employment. As with any other policy, employers should ensure that it is incorporated in the contract of employment, is easily accessible, and that employees are aware of it, so that failure to follow the policy can be treated as a disciplinary matter. Uniforms and protective clothing may be required for certain positions and will be provided to employees by [Company Name]. The leading UK case on this issue – which dates back to 1978, but is still being adopted by most tribunals – supports a ‘swings and roundabouts’ approach. 156 Introduction Employees can experience HIV-related discrimination from employers, supervisors or other employees. Dress codes are one of those sticky areas of employment law that employers typically prefer not to have to deal with. The Personnel Today Awards For example, we may require employees to wear semi-formal attire for an event. HR Business Partner Integrity, Alcohol and Drug Use, Computer Use, Confidentiality, Dress Code, and Public Relations). Basic Conditions of Employment: Compensation for Occupational Injuries and Diseases: Employment Equity: Labour Relations: Occupational Health and Safety: Public Employment Services: Skils Development Act: UIF: PAIA_labour • Dress codes can be a legitimate part of an employer’s terms and conditions of employment. Employee Benefits Awards - Amended by Basic Conditions of Employment Amendment Act 20 of 2013 from 1 Sept 2014 - Amended by General Intelligence Laws Amendment Act 11 of 2013 from 29 Jul 2013: S 1, 3 - Amended by Skills Development Amendment Act 37 of 2008 from 6 Apr 2009: S 65 Employment Law Following a recent case concerning an employee working at a Jobcentre ( Thompson v Department for Work and Pensions ), employers should be wary of restrictions placed on male employees. A civil servant shall hold office subject to the provisions of this Act and any other written law and any Regulations thereunder and unless some other period of employment is specified, for an indeterminate period. An employee who is unsure of what is appropriate should check with his or her manager or supervisor. – Are there any specific items that should not be worn, and if so, are such prohibitions justified? Consequently, a dress code that requires women to wear a skirt or dress may be lawful if similar restraints are placed on male employees, such as a requirement to always wear a tie. When employees understand and support the logic behind the dress code policy chosen, you will rarely need to police the policy. There are common types of dress codes. What measures can employers take to monitor employees’ choice of outfits for work? Here are a few quick questions about dress codes in employment. – Do any of the prohibitions have a disproportionate affect on certain racial and/or religious groups? Here are some of the common dress codes you can choose from: Business formal attire includes suits, dress shirts, ties, stockings, and … To avoid being the first, the best advice to employers with dress codes in place is to treat any requests to dress contrary to the company code for religious or racial reasons with respect. However, during the summer months, starting the week in which Memorial Day is observed and ending the week in which Labor Day is observed, the company has established a summer dress code that employees may observe on days when they have no in-person client contact. Our appearance reflects on ourselves and the company. regulations under this act basic conditions of employment act, 1997, regulations in terms of the (gn r1438 in gg 19453 of 13 november 1998) calculation of employee's remuneration in terms of section 35 (5) (gn 691 in gg 24889 of 23 may 2003) code of good practice for employment and conditions of work for special public works – Has any dress code in place been communicated clearly to staff? Clothing that is ripped, frayed, stained or messy. 75 of 1997) has been amended by Government Gazette, 35310 dated 4 May 2012 – Notice R.347; Ministerial Determination No 3: Expanded Public Works Programmes. Many employees are uncomfortable with the idea of having to dress in a certain manner or adhere to certain guidelines, while attending office. HR (General) If the problem persists, supervisors should follow the normal corrective action process, and could lead to termination. Cookies policy The typical office dress code is considered to be reasonable, as long as it applies to both men and women equally. Title 20 - Employees' Benefits Title 29 - Labor Title 30 - Mineral Resources Title 41 - Public Contracts and Property Management Title 48 - Federal Acquisition Regulations System On these occasions, staff members are still expected to present a neat appearance and are not permitted to wear ripped, frayed or disheveled clothing or athletic wear. Terms and conditions, • Employee Benefits Employee Benefits Connect Section 30 of the Basic Conditions of Employment Act requires all employers to display the employee’s rights, at the workplace. Any questions regarding appropriate summer dress should be directed to Human Resources. Dress codes range from formal to business casual to casual, depending on the needs of the individual workplace and the customers it … However, there are a few possible exceptions. Logo clothing (sport teams, cartoon characters, etc.) Features list 2020 Anyway, is a tank top allowed to be worn for the ACT? OH&W subscription terms. Appropriate workplace dress does not include clothing that is too tight or revealing; clothing with rips, tears or frays; or any extreme style or fashion in dress, footwear, accessories, fragrances or hair. Examples of items that might be brought up when discussing conditions of employment include dress code, number of vacation days, hours worked each day, break policies, work-related responsibilities and number of sick days. Use courtesy towards coworkers and your professional image to customers as the factors you use to assess whether you are dressing in business attire that is appropriate. But you will be unable to dismiss if your code states "first offense – verbal warning." Payroll HR Shared Services Training Sleeveless tops, halter tops or tank tops. RSS feeds OH&W subscriptions Discuss how best to accommodate reasonable requests, and do so consistently. However, the tribunals repeatedly reiterate that such dress codes must be implemented consistently, and that any objections must be treated with care and consideration. And, that's a thank goodness for you, as an employer. Quick Questions: What Are My Dress Code Employee Rights? If a staff member’s poor hygiene or use of too much perfume/cologne is an issue, the supervisor should discuss the problem with the staff member in private and should point out the specific areas to be corrected. 2.2 It is intended to guide all employers and employees concerning the application of section 26 (l) of the BCEA which prohibits employers from requiring or permitting pregnant or breast-feeding employees to perform work that is hazardous to the health of … Casual shoes including clean athletic shoes. For women, business attire includes tailored pantsuits, businesslike dresses, coordinated dressy separates worn with or without a blazer, and conservative, closed-toe shoes. 7.1 Employee appearance contributes to [Company Name]’s culture and reputation. Email Newsletters 1. Likewise, tight, revealing or otherwise workplace-inappropriate dress is not permitted – Is the code applied consistently to male and female employees? 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