7.1 Footwear: Casual slip-on or tie shoes, dress sandals, and clean athletic shoes. Most customers use our digital services (e.g. 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. 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. 156 Introduction Employees can experience HIV-related discrimination from employers, supervisors or other employees. 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. HR Systems Examples of inappropriate pants include shorts, camouflage, and pants worn below the waist or hip line. 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. Employee Benefits Live, • Occupational Health & Wellbeing Diversity & Inclusion The goal is to be sure that we maintain a positive appearance and not to offend customers, clients, or colleagues. Many employees are uncomfortable with the idea of having to dress in a certain manner or adhere to certain guidelines, while attending office. You will be bound, by the conditions of your own procedure, to only apply a verbal warning. Title 20 - Employees' Benefits Title 29 - Labor Title 30 - Mineral Resources Title 41 - Public Contracts and Property Management Title 48 - Federal Acquisition Regulations System Advertising specifications Tribunals may not be so generous when faced with policies that are implemented purely for the purpose of maintaining a corporate image. Name badges must be worn with badge number facing out and visible at all times. It should be non-discriminatory and fair. For example, we may require employees to wear semi-formal attire for an event. 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. © 2011 - 2021 DVV Media International Limited. Q Can employers include an express contractual term relating to dress codes? 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. Requiring female employees to wear skirts at work, as in the example above, may be a detriment to an employee who always covers their legs for cultural or religious reasons. 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. Mr Thompson was required to wear a collar and tie while women were only required to “dress appropriately and to a similar standard”. All employees are expected to comply with this dress code in a manner consistent with their gender identity and expression. RSS feeds • Dress policies for men and women do not have to be identical, but standards imposed should be equivalent. Talent Management The typical office dress code is considered to be reasonable, as long as it applies to both men and women equally. 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. APPLICATION OF THE CODE. • Dress codes can be a legitimate part of an employer’s terms and conditions of employment. Section 30 of the Basic Conditions of Employment Act requires all employers to display the employee’s rights, at the workplace. Uniforms and protective clothing may be required for certain positions and will be provided to employees by [Company Name]. 7. Casual shirts: All shirts with collars, business casual crew-neck or V-neck shirts, blouses, and golf and polo shirts. Employees are expected to present themselves in a professional manner that results in a favorable impression by clients and customers. When meeting clients, business professional dress guidelines must be observed, unless the client has specifically requested otherwise. 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. – Is the code applied consistently to male and female employees? HR Consultant These are examples only. Casual shoes including clean athletic shoes. Health & Safety Employee Relations The EEA provision on the other hand prohibits discrimination contained in employment policies or practices, such as dress codes, on listed or arbitrary grounds. Dress Code (Revised Summer 2017) PERSONAL APPEARANCE Personal appearance, proper hygiene, and appropriate attire are important to the work environment. Clothing that is ripped, frayed, stained or messy. Find out about employment rights and conditions under the Employment Act, leave, public holidays, fair employment and schemes for employers and employees. The Basic Conditions of Employment Act prescribes certain minimum conditions of employment which must be applied. However, the tribunals repeatedly reiterate that such dress codes must be implemented consistently, and that any objections must be treated with care and consideration. Features list 2020 For men, business attire includes a long-sleeved dress shirt, tie, and tailored sport coat worn with dress trousers (not khakis) and dress shoes. 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. 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. Every situation is different and should be analyzed by a lawyer in your area. Then, both male and female employees should wear suits, ties, white shirts and appropriate shoes. Employees are expected to demonstrate good judgment and professional taste. 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. 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. 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. Cookies policy – Has any dress code in place been communicated clearly to staff? Examples of inappropriate shirts include T-shirts, shirts with inappropriate slogans, tank tops, muscle shirts, camouflage and crop tops. But, as a rule of thumb, employers can only set dress regulations that do not discriminate against one of the legally protected classes. When employees understand and support the logic behind the dress code policy chosen, you will rarely need to police the policy. We may change our dress code in special cases. A When introducing any dress code or rules as to what employees can wear, employers should be mindful of discrimination legislation. An employee who is unsure of what is appropriate should check with his or her manager or supervisor. But you will be unable to dismiss if your code states "first offense – verbal warning." Performance & Engagement In the past, tribunals have found that dress codes, although discriminatory, may be justifiable for health and safety reasons. (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 … 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. 1. HR (General) Terms and conditions, • Employee Benefits The following list is a guideline of appropriate and inappropriate attire under the summer dress policy. Likewise, tight, revealing or otherwise workplace-inappropriate dress is not permitted Basic Conditions of Employment Act, 1977 (Act No. 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. The tribunal found that the policy was discriminatory in the specific requests that it placed upon male employees. The [company name] dress code policy applies to [which positions this applies to]. Logo clothing (sport teams, cartoon characters, etc.) - 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 Dress codes range from formal to business casual to casual, depending on the needs of the individual workplace and the customers it … For some employers, it will merely state that they should dress in a smart fashion, so as to maintain a professional corporate image. 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. Discuss how best to accommodate reasonable requests, and do so consistently. Featured Image Credit: IzelPhotography / Deposit Photos 87930522. Ordinary hours of work 9. 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 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. Employee appearance contributes to [Company Name]’s culture and reputation. 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. 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. Quick Questions: What Are My Dress Code Employee Rights? HR Business Partner A condition of employment refers to something that both the employee and employer agree to at the beginning of a worker’s employment. However, as an employer and as a business owner, it is your duty to make sure that your company presents a professional image, and … Privacy policy 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. • How to stand up for your rights at work. And, that's a thank goodness for you, as an employer. A Many employers in the UK have a dress code policy specifying what standard of dress and appearance is required of their employees. Customers may gauge the quality of the Company by the attention the employees show to personal appearance and attire. You can view the Code of Federal Regulations (CFR) sections for U.S. Department of Labor regulations by using one of the links below. Violations of the policy can range from inappropriate clothing items to offensive perfumes and body odor. Anyway, is a tank top allowed to be worn for the ACT? 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. Employment Law Sleeveless tops, halter tops or tank tops. Q Can employers request that female employees wear skirts and/or dresses at work? People Analytics Managers or supervisors may determine if an employee is dressed inappropriately for the workplace within the summer dress policy. 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. What is Business Dress Code? Here are a few quick questions about dress codes in employment. 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. HR Shared Services Payroll Pants: Casual slacks and trousers and jeans without holes, frays, etc. 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. Occupational Health • A workplace dress code is a set of standards that employers develop about what is appropriate for employees to wear to work. Types of dress codes for work. For example, the Act lays down a … Condition of Employment. Workforce Planning, • About Personnel Today 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. Q Can employers require employees to remove clothing relating to their race and/or religious beliefs, so as to conform to any dress code? OH&W subscriptions HR Director In general, an employer may establish a dress code which applies to all employees or employees within certain job categories. Compensation & Benefits Employee Benefits Awards 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. Our company’s official dress code is [Business/ Business Casual/ Smart Casual/ Casual. ] Traditional business attire is expected of all employees. Employee appearance contributes to [Company Name]’s culture and reputation. 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. Any questions regarding appropriate summer dress should be directed to Human Resources. Contact us 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. Recruitment & Resourcing For women, business attire includes tailored pantsuits, businesslike dresses, coordinated dressy separates worn with or without a blazer, and conservative, closed-toe shoes. 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 … 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. 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. Employee Benefits Connect Basic elements for appropriate and professional business attire include clothing that is in neat and clean condition. Organisational Development You can use a common dress code for your business or create your own. Employees are expected to present themselves in a professional manner that results in a favorable impression by clients and customers. 75 of 1997) has been updated by Government Gazette 34947 - Amendment to Act. Training 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 Examples of inappropriate footwear include flip-flops and construction or hunting boots. Our appearance reflects on ourselves and the company. 2.1 This code is issued in terms of section 87 (l) (b) of the Basic Conditions of Employment Act (BCEA) 75 of 1997. 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 … 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. Email Newsletters 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. The LRA provision provides that discriminatory dismissals, being those based on listed or arbitrary grounds, are automatically unfair. The Basic Conditions of Employment Act, 1997 (Act No. 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. • Common questions around HIV/AIDS and employment issues. APPLICATION OF THE ACT : SECTION 3 The Act applies to all employees and employers Learning & Development 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. [Company Name] has a traditional business attire dress code. Dress codes are one of those sticky areas of employment law that employers typically prefer not to have to deal with. A person who is … eServices, web chat, website) to find out about the latest work pass requirements. What measures can employers take to monitor employees’ choice of outfits for work? For others, however, the policy may be more specific for health and safety reasons. The Personnel Today Awards Tight, revealing or otherwise inappropriate clothing. 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. It must be in the prescribed form and displayed in the official language(s) spoken by employees at the workplace. – Do any of the prohibitions have a disproportionate affect on certain racial and/or religious groups? Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. However, there are a few possible exceptions. Wellbeing If the problem persists, supervisors should follow the normal corrective action process, and could lead to termination. – Are there any specific items that should not be worn, and if so, are such prohibitions justified? This chapter looks at: • The laws protecting people living with HIV or AIDS in the workplace. 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. 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. There are common types of dress codes. TERMS AND CONDITIONS OF EMPLOYMENT 6. Change Management 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. The following guidelines apply to business attire: Business casual dress will be permitted on (day of week). other than company logo. 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 … Integrity, Alcohol and Drug Use, Computer Use, Confidentiality, Dress Code, and Public Relations). Given that new regulations were only introduced last year, we have yet to see any cases concerning their impact on dress codes. 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. 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