Joblaw - East London

09/10/2026

MIBCO 2026/2027: Important Wage and Allowance Updates for Motor Industry Employers

Employers operating within the Motor Industry are reminded to review their wage structures, allowances, benefits and statutory contributions in line with the latest MIBCO adjustments for the 2026/2027 period.

⚖️ Key compliance points:

✔️ The annual earnings threshold has increased to R269,600.90.
✔️ MIBCO registration and applicable levies remain compulsory for all employees, irrespective of earnings.
✔️ The current MIBCO levy is R3.84 per week per employee, payable by both the employer and employee.
✔️ Employers must manually update wage information on the MIBCO online returns system, as increases are not automatically applied.
✔️ Updated allowance rates apply from 1 September 2026 to 31 August 2027.
✔️ Failure to update your payroll and employment practices could result in compliance risks.
✔️ Employers should also verify the correct minimum wage and allowance rates applicable to their specific sector, chapter and employee category.

Let Joblaw help you stay compliant.

Contact us for assistance with your labour law compliance requirements.

Ticita
📞 073 952 9344
✉️ [email protected]
Joblaw Eastern Cape | Your Labour Law Partner

01/10/2026

📢 EMPLOYERS: COSATU PROTEST ACTION NOTICE FOR 7 OCTOBER

A COSATU notice says a nationwide socio-economic protest action is planned for Wednesday, 7 October 2026, from 09:00 to 16:30. It also says shift workers would be away for the full shift with the majority of hours that day.

What employees should know
Eligible employees have a right to participate in protest action that meets the requirements of section 77 of the Labour Relations Act. Where the action is protected, an employee may not be dismissed simply for taking part. Employees are not required to participate, and participation must remain peaceful and lawful. Employees engaged in essential or maintenance services are excluded from the section 77 right.

What employers should know
Plan for possible staff absence and service disruption. If an employee does not work during the protest action, the “no work, no pay” principle may apply, including to the relevant part of a day. Do not dismiss or penalise employees simply for participating in protected action. Misconduct during the action may be dealt with fairly and through proper procedure.

The notice describes the action as protected and refers to a NEDLAC certificate issued in 2017. Before making decisions about pay, discipline or operational arrangements, check that the requirements for protected section 77 action are met and that the action and its timing apply to your workplace. The notice says COSATU served its intention notice on NEDLAC on 21 September 2026.

Handle the day calmly: communicate attendance procedures, record actual hours worked, protect the safety of everyone at the workplace, and seek labour-law advice where the status or application of the notice is uncertain.

This is general information, not legal advice for a particular workplace.

24/09/2026

19/09/2026

🔒 CONFIDENTIALITY IN THE WORKPLACE

Confidential business information should not be protected by a single clause alone.

Employers should have a clear and consistent framework that addresses:

✔️ What information is confidential
✔️ What constitutes unauthorised disclosure
✔️ How disciplinary breaches will be dealt with
✔️ How employees can raise genuine
concerns through appropriate channels
✔️ Regular employee training on confidentiality and disclosure
✔️ Reasonable and properly drafted confidentiality and restraint provisions

A well-drafted confidentiality framework can help protect your business while ensuring that legitimate whistleblowing and protected disclosures are not improperly restricted.

The key isn’t just a clause...It’s a complete, consistent and legally defensible framework.

JOBLAW EASTERN CAPE
Employer-Focused Labour Law Solutions

📞 Ticita | 073 952 9344
✉️ [email protected]

02/08/2026

# Excessive Sick Leave: What Employers Need to Know

Is one of your employees taking more sick leave than seems reasonable? You're not alone — and you're not powerless.

Many employers assume that once an employee submits a medical certificate, their hands are tied. That's not true. Excessive or suspicious sick leave patterns can be managed lawfully, provided the correct process is followed.

# # Common Warning Signs

- Frequent short absences, especially around weekends or public holidays
- Sick leave that consistently exceeds the statutory cycle
- Medical certificates that appear generic, repetitive, or questionable
- A pattern that doesn't match any known underlying condition

# # What Are Your Options as an Employer?

**1. Verify the medical certificate**
Not every certificate is valid. Employers are entitled to check that a certificate meets the required standard and was issued by a recognised practitioner.

**2. Request an independent medical assessment**
Where there's genuine concern about the legitimacy or extent of an illness, employers may arrange for the employee to be assessed by an independent health practitioner.

**3. Investigate incapacity due to ill health**
If an employee is genuinely unable to perform their duties due to ongoing illness, this may be addressed as an incapacity matter — a formal, fair process rather than a disciplinary one.

**4. Address abuse of sick leave as misconduct**
Where there's evidence that sick leave is being abused (e.g. dishonesty about the reason for absence), this can be dealt with through a disciplinary process instead.

**5. Manage the underlying operational impact**
Even where leave is legitimate, employers can still manage the operational disruption through proper planning, incapacity procedures, or, in appropriate cases, termination based on incapacity.

# # Why Getting It Right Matters

Handling sick leave incorrectly — whether by ignoring the problem or acting too hastily — can expose your business to unfair dismissal claims at the CCMA or Bargaining Council. The right process protects both your business and your relationship with your workforce.

# # We Can Help

JobLaw assists employers in navigating excessive sick leave situations correctly — from verifying certificates to running incapacity enquiries and disciplinary processes that hold up.

📞 **073 952 9344**
📧 **[email protected]**

Contact us today for guidance tailored to your business.

18/04/2026

⚖️ EMPLOYER ALERT: EARNINGS THRESHOLD INCREASE – EFFECTIVE 01 MAY 2026

Employers are advised that the earnings threshold has increased to R269,600.90 per annum, effective 01 May 2026.

📌 What this means for your business:

Employees earning above this threshold are excluded from certain provisions of the Basic Conditions of Employment Act (BCEA), including:

⏱️ Overtime pay requirements

🕒 Regulation of working hours

🛌 Meal intervals and rest periods

🌙 Sunday and public holiday pay provisions

⚠️ Important:This does not mean these employees have no rights — it simply limits the application of specific sections of the BCEA. Contracts, company policies, and other labour laws still apply.

✅ Action for Employers:

Review employment contracts for affected employees

Ensure clarity on working hours and remuneration structures

Align policies with the updated threshold

❗ Failure to correctly apply the threshold could lead to disputes, compliance issues, and potential penalties.

📞 Need assistance reviewing your contracts or policies? Get in touch with us for expert guidance.