Labour legislation lays down stringent requirements which employers have to comply with. However, employers feel many times that they drew the shortest match, but they have to realise that they also have many rights in the workplace. Simultaneously they have a responsibility to stick to their rights.

Employers are entitled to claim the following rights in the workplace:

• A commitment of trust to act continuously in the interests of the employer.

The relationship between the employer and employee is based on reciprocal respect and benefits. During the act of employment the employee undertakes always to act in good faith and promote the business interests of the employer.

Any action which has a negative influence on the employer/employee relationship of trust, should be viewed in a most serious light. Typical examples of misconduct in this regard includes corruption, blackmail, giving false evidence, false statements, fraud, theft, unauthorised possession or abuse of property, and the disclosure or provision of information.

Every employee is bound to report any deviations from the employer’s disciplinary code immediately. Should the employee be aware of any impermissible actions in the workplace and not report it, the employer may take disciplinary steps against such employee.

• A fixed standard in terms of quality and quantity

The employer has the right to exercise control in the workplace regarding work performance and it is important that the employer should set clear standards in terms of quality and quantity that the employee should comply with. Employers should evaluate employees continuously to allow identification and correcting of any poor work performance immediately.

•  Employment of distinct rules in the workplace

Clear rules and guidelines limit friction and misunderstandings, which promotes productivity and a positive working environment. The majority of rules in the workplace are introduced by means of the employment contract, referring to working hours, leave, responsibilities, etc. However, every workplace is unique and there is often a need for specific rules to provide order and structure. These rules are guided by policy and procedures:

Policy is not endorsed by labour legislation, but enables the employer to set his own rules in the workplace. These rules must be reasonable. Typical rules include a smoking policy, cellphone policy. Sick leave policy, hygiene policy, alcohol policy, etc.

A procedure is a fixed or official manner to deal with a situation, which is introduced to inform employees and employers about the required steps that have to be followed when a specific incident occurs. Typical procedures include an appeal procedure, grievance procedure, leave procedure, disciplinary procedure, etc.

•  Application of discipline in the workplace

There must be an appropriate disciplinary code which ensures clear rules (with appropriate sanctions) in the workplace that employees can follow. When employees transgress these rules, the employer has the right to act. There are different forms of misbehaviour in the workplace, ranging from less serious transgressions to very serious transgressions. In cases of less serious instances, the employer has to apply progressive discipline by means of written warnings. For transgressions of a more serious nature, a formal process has to be followed and a disciplinary must be hearing held.

•  To say “no”

Employers have the right to refuse requests on grounds of operational requirements. These requests refer to leave applications, as well as concessions such as loans. It is, however, expected of the employer to be lenient and not refuse applications unreasonably.

•  Adjustment of employment conditions

Operational requirements may force employers to adapt conditions of employment to create a cost efficient environment and ensure that the undertaking can remain competitive in the market. Such changes may not under any circumstances be made unilaterally and a strict procedure is prescribed which should be adhered to.

Farmers have to manage many risks every day. We strongly recommend that farmers should act pro-actively by setting clear rules in the workplace and follow correct procedures regarding all labour law considerations.