If you’re looking to work with professionals in South Africa, an employer of record can help you ensure the relationship works within the rules.
An employer of record is a specialist organization that handles all legal matters relating to employment matters for a company. Employees do their jobs and the employer of record handles all the administrative and legal issues involved with their employment. Engaging the services of an EOR can be a great way to manage the details of any working relationship in South Africa. They can make the process of hiring people much quicker and easier and ensure you can get access to skilled individuals when you need them.
Legal Requirements
To hire someone in South Africa, you’ll need to take account of three main employment laws.
- The Basic Conditions of Employment Act 75 of 1997: Covering details such as working time, leave and termination of work.
- The Labour Relations Act: Managing worker rights issues such as collective bargaining disputes and strikes.
- Employment Equality Act: Laws requiring all companies to maintain a commitment to equal opportunities in the workplace.
Regulations in South Africa can be strict so your practices must comply with the letter of the law. Failure to do so can result in strict penalties. Working directly with contractors or employees is possible, but without a detailed understanding of the law, it’s easy to make unintentional, but costly mistakes. An Employer of Record can keep you up to date with employment regulations, alert you to any changes and ensure you stick to best practices.
More than that, an EOR can give you critical local knowledge that may prove essential. They can tell you all about the nuances of the local market, cultural norms, expectations and trends. They can help you find people with the skills you need, at short notice and to maintain a successful and compliant working relationship.
What does an employer of record do?
An employer of record is there to handle all the legal and administrative details of employment such as:
• Payroll and tax
• Benefits
• Insurance
• Legal compliance
In short, the company becomes the legal employer handling all the employment obligations on your behalf. The relationship will be three-sided including you, the EOR and the employer.
As the client company, you will maintain a direct relationship with the employee. You’ll hand out tasks, assess their performance, set goals and handle all the day-to-day details of employment.
The EOR will be the legal employer and will handle details such as tax, payroll, benefits and other compliance issues such as visas.
Thirdly, the employee just has to focus on doing their job well and meeting all their obligations as set out in their contract of work.
Other obligations to bear in mind will be working time, pay rates, and leave entitlements. A regular employer working five days a week will work a maximum of 45 hours. They can only be asked to work for a maximum of 12 hours in any single 24-hour period. At weekends, they are entitled to at least 36 consecutive hours off unless otherwise agreed and cannot be forced to work at night. If they agree to do so they should be provided with transportation and informed about the various health risks of working night shifts.
Employees will also be entitled to statutory leave, and in the event of a dispute, all their legal rights will have to be considered.
Why Choose an Employer of Record?
An EOR helps guide your company through the uncertain territory of a different country.
It lightens the administrative burden on your company. As the legal employer, the EOR handles all the legal responsibilities and obligations. It will deal with all employment paperwork and make sure you’re sticking to the regulations. All you have to do is manage the working relationship with the employee and focus on driving your own business forward. In other words, by handling the admin, the EOR frees you up to be more productive and focus on value-added activities.
An EOR also provides much-needed local knowledge. That’s obviously useful for complying with relevant regulations and employment laws, but it also provides insights that can help you prosper in this new market. They can make it quicker and easier to find people with the talent you need. A good EOR will be able to source and hire people with the skills you need in one or two weeks – perfect for an agile business with flexible employment requirements.
Local knowledge will also be crucial when it comes to ensuring ongoing complaints. Regulations are constantly changing to meet evolving markets. Tax and minimum wage
levels change every year and the government regularly brings in new rules and guidelines regarding employment. Having an expert EOR on your side will automatically make sure you’re aware of any changes and that you adapt to new obligations as they arise.
Using EORs can also help companies working in multiple countries. Having a different local EOR can remove a huge amount of administrative paint and regulatory risk and simplify the process of handling employment in multiple complex jurisdictions.
For all those benefits some companies may be wary of using them. While they take on a great deal of work and ensure compliance, working with an EOR will involve a certain cost and relinquishing a degree of control over the employee relationship. For some companies that can feel uncomfortable.
Other companies may feel that they already have the resources and capacity to manage these local regulatory issues in-house. Even so, an EOR provides dedicated support and backup which a company from a different country can’t match. Even with all the resources at your disposal, there is no substitute for local knowledge.
To address concerns about control, you need to establish a close working relationship with the EOR. The best providers work intuitively and get to understand your requirements as a business and how you want to manage your employment relationships. They can go above and beyond the minimum box-ticking exercises and provide you with dedicated expert support in maintaining a profitable and productive working relationship with your employees.
An employer of record, therefore, can be a great option for any company looking to hire people in South Africa. It removes much of the hard work associated with managing paperwork and legal details while providing you with fast, personalized services that can help you access local talent quickly.