HR 101 – It’s All About Consistency

HR 101 – It’s All About Consistency

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Please note that this pertains to South African Labour Relations and Best Practice requirements.

Perhaps the best place to start would be to define ‘consistency’.  My Concise Oxford Dictionary says:

“Compatible, not contradictory, constant to same principals.”

In the working environment it means, quite simply – that the employer must treat all the employees in the same manner.  That the expectations for work performance, work output, attitude, attention to detail, attendance (and any other measurable’s that you can think of) are the same for each of the employee’s irrespective of what their position, race, gender etc. is.  That people are all treated fairly and with respect, again irrespective of their position, race, gender etc is.

Let’s have a look at some of the areas where this may be a problem.

1. In the instance where an employee is related to Management or they have a relationship other than a Business Relationship.

We’ve all had one of these I am sure – either we have been in the relationship or we’ve been on the receiving end of unfair practice.  This is one of the reasons why it isn’t always such a good idea to work with family or friends or have an intimate relationship with someone in the workplace. The perception is always and will always be, by the rest of the staff, that they get preferential treatment.  So you have to be extra careful to ensure that you don’t ‘play the favorite’!  Make sure that everybody has a Letter of Employment and all the other relevant documentation that staff are required to have. Make sure that if the other staff have to say, sign the attendance register, so too does the family member/friend/lover.

2. Consequences

Should it be necessary to hold a disciplinary or a counseling or reprimand an employee (irrespective of who they are or their position in the Company), it must be done in the same manner and carry the same consequences as any previous instances.  If there are no previous instances – be careful how the ‘new’ one is conducted as this will set a precedent for all future transgressions of this nature!

Here’s an example.  When you hire an employee – if you check references for one, you must check references for all. If it is found, at a later stage, that the bookkeeper you hired because you were having a relationship with her at the time, was actually dismissed from her previous company for theft. Your relationship, in the meantime has come to an end and life at the office is uncomfortable and quite frankly it would be better for you if she just left. So you charge her with misconduct in that she “deliberately failed to disclose material information upon employment”.  You hold your disciplinary, find her guilty and dismiss her – lovely – end of problem!  Actually not hey – you see, if she goes to the CCMA you could come unstuck because of an “Unfair Dismissal because the Employer (yes that’s you) failed to apply discipline consistently.”

This is another reason why you should have documented policies and procedures on how you do things, like interviewing the staff member and checking of references or as it is more commonly known  - a Staff Procurement Policy. 

At the very least, you may be forced to accept the staff member back at work or face huge monetary payouts.  Not too good either way.

So the bottom line here is to be consistent in how you treat your staff.  If you have a rule about anything it must apply to everyone, not just the person who happens to be irritating you at the moment.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za 

Tax 101 – Does the Small Business Rates Apply to Sole Proprietors

Tax 101 – Does the Small Business Rates Apply to Sole Proprietors

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd.

Please note that this pertains to South African Tax  regulations and Best Practice requirements.

Now here is one for the history books – me writing about tax!

Firstly let it be understood, I am no expert on Tax and I am not a Tax Consultant.  That said, there are issues that even I understand on how we as SMME’s (small, medium, micro  enterprises) can save ourselves some money.

Where-ever we go, we hear people talking about how the tax man is messing with us, how our businesses are being ‘strangled’ by the tax man.  How difficult it is for the small business owner to survive because of the taxes and how Government should assist the SMME.

Well to be quite honest, every year I see evidence of just that!  Government relaxing criteria on the SMME, SARS relaxing tax for the SMME.  What I don’t see, is the SMME taking advantage of what has been offered. Perhaps it is just easier to moan and groan and blame someone else for our misfortune or the fact that we often don’t think about what we are doing.

Small businesses have preferential rates that are applicable, but one of the requirements is that the business must trade either as a (Pty) company or as a Close Corporation in order to qualify.

Now already I can see the eyes moving heaven ward.  Think about it for a moment.  If your company is trading as a Sole Proprietor and not registered as a company, how is SARS expected to know if your personal account is being used for a legitimate business or if on the face of it you have ‘created’ a business – which runs through your personal account, in order to claim the preferential rates?  Come on now be fair – registering your business, tells SARS that yours is a legitimate business.

As a registered business, SARS is now able to award you the preferential rates.  This means that instead of paying maximum of 42% as an individual or Sole Proprietor, you as a registered Close Corporation or Private Company yget to pay a maximum of 28%.  The reality of this is a saving of 14% on your bottom line and I am sure that you will agree with me that that is not to be sniffed at.

Now I can hear all of you saying, “yes, but now I am paying 42% as an individual and 28% as a business!”  Well not really hey, especially if you are doing your books correctly!

Firstly, you should be claiming all of the expenses and allowances that you are entitled to, through your business.  This should leave you in your personal capacity, with only the personal expenses and incidentals that you cannot claim through your business and then this should form the ‘salary’ that your business pays you on a monthly basis.  Now here comes the interesting part – if your ‘salary’ is less than the minimum, then you don’t pay tax as an individual at all.

So I urge you as SMME’s to go and register your business, then register your business as an employer and employ yourself.  Following the rules and the guidelines, will mean huge savings in taxes.  

Huge savings in taxes will also increase your productivity too!  Why increased productivity you may ask?  Well that’s a simple one to answer – you see all the time that you used to spend moaning and groaning about how badly the tax man is treating you can now be used to sell more product or your services.

The bottom line of course is that you – yes you – need to change your mindset and work with the system.  You will find it far more rewarding than the constant butting your head against a brick wall that you all seem hell bent on doing.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or www.viljoenconsulting.co.za 

Networking 101 - Honesty is the Best Policy

Networking 101 - Honesty is the best Policy

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd 

We’ve all heard (and indeed should know), that honesty is the best policy and yet how often do we not even think of that when we go about our daily business?  When we celebrate our ‘little’ victory over the taxman or we deny that we were speeding when we know that we most certainly were – do we really think about honesty being the best policy then? Yet I have no doubt that we all consider ourselves ‘honest’ individuals.

What about when we attend Networking events or meetings – do we impart the truth about who we are, what we do and how we deliver – or do we embellish the truth?  A few little white lies won’t hurt anyone – right?  Wrong! Wrong! Wrong!

Truth is that you will probably get away with it the first time – often even the second and third time too, but at some point the house of  cards will come crashing down and all the lies that you have told and all the people you have cheated or misled or let down will be looking at you and holding you accountable, often publically and most certainly privately.  Don’t forget the ‘word of mouth’ thing either where you will be tried, judged and sentenced, without you even being present.

The world is not such a big place anymore!  The internet, e-mails, facebook and more specifically ‘twitter’ have made it very, very small and it has made you, the individual, extremely visible.

So when you are Networking, be it at an event, or individually, make sure that the words that come out of your mouth are truthful, that you are who you say you are and that you can do what you say you can do and that you deliver on time.

Yes indeed – honesty is the best policy – your business will depend on it!

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za 

Business Tips – You are not Alone

Business Tips  – You are not Alone

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Being an Entrepreneur is not for sissies! It’s tough – really tough! Especially when you are starting out.  You have to be all that there is and more.

You’re the person in charge of operations, administration, bookkeeping, compliance, HR and Marketing.  Then you usually have to be the cleaner, the delivery guy and the tea person too.  Don’t forget all the research and legal stuff and legislative stuff that also has to be done not to mention procurement and . . . . and so the list of things that have to be done goes on and on! Yep, the life of an Entrepreneur is often very hard and often very lonely.

It gets even worse though when you experience a problem that you are not sure how to deal with because it is outside of your realm of experience.  You will often feel that the weight of the world and your burdens are crushing you, squeezing all of your inspiration out of you and killing your spirit.

It can get so bad that you get to the point where you are ready to just throw in the towel and give up.  The angst, the uncertainty and sheer enormity of the undertaking before you is just so overwhelming, it’s just too much!

Believe me when I tell you that we have all been there at some point or another!

The reality of course is that you don’t have to isolate yourself and do this all on your own.  Ask for help – what’s the worst that can happen?

In my experience the worst that can happen is that that particular person cannot help because they themselves do not have the experience, but believe me when I tell you that there are always people out there who are more than willing to help.

Let’s take it one step at a time.

Firstly, as you are starting out, get advice from the start and I am not talking about advice from your mates who are all working for other people and who have never run or started a business themselves.  I am talking about help from Entrepreneurs who are already up and running and who have already gone through (and survived and prospered) what you are currently going through.

Understand also, that in all probability you will need advice of one kind or another all the way through the rest of your career as an Entrepreneur.  Even the most successful Entrepreneurs still have mentors and advisors, why would you be any different?

When you start out and are still in the planning stages and you are confused about the ‘how to’, differentiate your product or service from your competition or how to ‘price’ yourself, the easiest way is to actually use your competitors to improve your products or services.  What are they selling that you can improve on?

Once you are up and running you need to measure on a regular basis. What are your customers experiencing?  Are they satisfied with the experience? Are they happy with the product? What or how can you improve?

As an Entrepreneur there will come a time when you have a difficult or disgruntled client.  That is just the reality of doing business.  As difficult as it may be for you to deal with angry or upset customers, it is something that you need to do  and please understand that it should be done sooner rather than later.  Making an angry customer ‘wait’ before you contact them is not going to endear them to you in any way – if anything it will fuel the fire.

Keep yourself up to date with social media channels, especially those that are the home for complaints.  Often this is the first place where you will become aware of a problem.

Keep yourself informed – you need to know what is happening in the markets around you.  Depending on what industry you are in, it will often give you an advantage.

Finally, talk to your mentors and coaches - the people who know you best.  The people whose ‘common sense’ (although that is a very rare commodity these days), or logical type advise is just what you need to hear and then really listen to what they say.

Often when you are not talking to them it is because your sub-conscious is telling you that you are doing something wrong – something that they would advise you against.

So listen to and really ‘hear’ what is going on around you – it may mean avoiding a world of pain  further on down the line.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration – Free Will

Inspiration – Free Will

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

P J O’Rouke says “One of the annoying things about believing in free will and individual responsibility, is the difficulty in finding someone to blame your problems on and when you do find somebody, it’s remarkable how often their picture turns up on your driver’s license.”

To be completely honest, this one had me in absolute stitches!

These days finding someone who takes responsibility and accountability for their actions is quite rare.

One of my guru’s T. Harv Eker always says “you can only have excuses or successes!”

I am constantly amazed at the number of people who want the authority – in fact they demand it and of course all the perks that that brings, but when it comes time to be accountable and responsible, it suddenly becomes someone else’s problem, or it was because of something that someone else did or because there is a ‘plot’ to discredit them – talk about conspiracy theories!

I remember as a small child, going fishing with my father.  It was one of the great pleasures in my life – spending quality time with my father, having him all to myself.  Being out in the fresh air and sunshine on the farm, with nothing but the wild animals and the beauty of the bushveld around us was really quite special.  There were many things that I learnt from my father, but what I consider to be one of the most meaningful is the fact that we are responsible for not only our actions, but also our ‘non’ actions.

This meant that as we fished, fishes that were too small to eat went back into the dam or the river to be caught another day when they were bigger.  Then of course, when we had caught enough for our immediate needs (for the pot as we called it), the rest that were caught were also returned to the water to be caught another day.  Pretty much along the lines of ‘catch and release’, except that we ate what we didn’t release.

Our responsibility did not end there.  You see, what I caught also had to be cleaned and gutted and prepared for cooking.  That was the way in which I was taught to respect the ‘animal’ whose life had come to an end, in order to feed me and in so doing give me life.

This is how I was taught to respect ‘life’ and I am sure that you will agree with me when I say that ‘respect for life’ is also something that seems to be a very rare commodity these days.

This was how I was taught to respect others and to take responsibility for my actions.  I had caught the fish for my own needs, therefore it was my responsibility to clean it and gut it and prepare it for cooking and when I got older and was able to, to even cook it myself.

This is how I was taught, that every single action (and even non actions) have a consequence and that each consequence becomes a responsibility that we must hold ourselves accountable for.

Not a bad way to grow up, I am sure you will agree.  It is something that the generations of today need to understand though, that shifting the blame makes them no less accountable for their actions.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 – Who is an Employee - Part 9

HR 101 – Who is an Employee - Part 9

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations & Best Practice requirements.

The code also has a look at ‘when’ a person becomes as employee.  This should be of particular interest to those among us who hire staff and then change our minds.

Let’s take this example – A person applies for a job (let’s call her Brenda).  Brenda gets the job and her new boss (let’s call him Alan), is really on the ball and the result is that Brenda receives her letter/contract of employment even before her starting date.  She resigns from her previous employer and is in the process of working her notice period in, when she gets a call from Alan to say – the job no longer exists for whatever reason, and he wants to cancel the employment contract.

Let me put it this way – this can and will put Alan in a problematic situation.

You see, it is not necessary for Brenda to have started working at the new job to be regarded as an employee, in terms of Labour Legislation.  Section 26 of the code states clearly that “the definition of an employee” includes a person who has concluded a contract of  employment  to commence work at a future date.

Brenda could take Alan to the CCMA or the bargaining council for ‘unfair dismissal’.

There is also a process to distinguish the difference between an employee and an independent contractor.

Let’s explore the reality of this situation as I am sure that most ‘employers’ would be particularly interested in this.

We know for sure that even though a contract or letter of employment may state that a person is an independent contractor, this is not necessary so and will not necessarily make it so.

Section 27 of the code says that the court follows a procedure called the “dominant impression” test, when they make this type of decision.  These are:

1. All of the aspects of the contract and/or relationship between the employer and the person need to be evaluated and a decision then made on the dominant impression formed during the course of that evaluation.
2. As an added precaution it is also noted that all the different factors do and would not carry the same weight.  This is because there is no single criterion that will determine whether an employment relationship exists or not.
3. The true relationship between the employer and the person needs to be discovered, as the wording in the contract may not be a true reflection of this relationship. So the court would need to look at the reality of the relationship rather than just the contractual nature.

There are obviously many instances where the employer treats an individual as a contractor, when in fact they are an employee.  One of the most common ones is:

Conversions – the employer claims that a person who was ‘previously’ employed has now become a contractor.  If the person is still performing exactly the same or even similar work as they did when they were “employees”, chances are they are actually still employees.

So in closing, the employer needs to be aware of the differences between an employer and an independent contractor and of course make sure that they are within the scope of what the law requires.

It can be an extremely costly exercise, if an employer is taken to court or the CCMA, and it is discovered that they have not followed the law and are therefore in contravention of the Code.

Make sure that you know what it is that you want and then make sure that you follow the letter of the law – it is much easier (and cheaper in the long run) to start off in the correct manner than to try and sort it out afterwards.

This concludes the posts in this particular series and next time we will be looking at a new topic within the HR parimeters.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za

OHSA - First Aid Boxes In The Workplace

OHSA - First Aid Boxes In The Workplace

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Occupational Health & Safety regulations and best practice requirements.

There seems to be quite a few questions on when a First Aid Box is required in the workplace and what is even more confusing is what exactly is supposed to be in the box.  So I did a little research and this is what I found.

Please take note that these are the basic requirements and logic must prevail.  If you are not sure – go to the OHSA (Occupational Health & Safety Act) or contact the Department of Labour.

When is a First Aid Box Required
The Act states that “First Aid Facilities must be provided where more than 5 (five) employees are employed at a workplace.”

Now let’s be sensible about this, if you are working in an office where the extent of your machinery is limited to a stapler and a punch, the above refers specifically to you. If you work in a workshop where you are surrounded by machines, all of which could do you grievous bodily harm, logic must surely tell you that irrespective of whether you have 1 (one) employee or 100 (one hundred), you need a First Aid Box.

The Act further states “The employer must provide a First Aid Box or Boxes at or near the workplace, available and accessible for the treatment of injured persons at the workplace.”

So, that means, you guys who have teams of workers out in the field or on site somewhere – the site boss or supervisor or whoever is in charge should have a First Aid Box in the car/vehicle or if there is a lock up facility on site, it could be kept there.

Then the Act says “An employer shall take all reasonable steps that are necessary under the circumstances, to ensure that persons at work receive steps that are necessary in case of injury or emergency.”

The emphasis is on “Reasonable steps” – and this includes but is not limited to the training of employees in first aid skills by a recognised training institution.  This training might very well be specific to the job or business that you are in.  For example training the staff at a nursery school would be similar but very different to training staff at a workshop.  The nursery school would need to include training on treatment for children and infants as well as training on treatment for adults.

The bottom line is though, that your staff are entitled to receive first aid treatment promptly and without unnecessary delay.

What should be in the First Aid Box

The quantities of items that should be in the First Aid Box, would depend upon the number of staff and also the activities performed at the workplace.  I would suggest that in order to ascertain your exact requirements, you need to go to the OHSA and do some more research.

The basic requirements are (but not limited to):

1. Wound cleaner
2. Swabs (for cleaning wounds)
3. Cotton Wool (for padding)
4. Sterile gauze
5. A pair of forceps (tweezers for splinters)
6. A pair of scissors
7. A set of safety pins
8. Triangular bandages
9. Roller bandages (small)
10. Roller bandages (large)
11. A roll of elastic adhesive
12. A roll (box) non allergenic adhesive
13. Packets of adhesive dressing strips (it’s a good idea to get a quantity of assorted sizes)
14. First aid dressing (small)
15. First aid dressing (large)
16. Two straight splints
17. Large & medium disposable latex gloves (it’s a good idea to have more than two of each)
18. CPR mouth pieces or similar devices (again it’s a good idea to have more than two available.)

Here’s the thing though – don’t be putting headache tablets and cough mixtures and the like into your box – that’s considered illegal and if you are caught with anything other than what is listed above, you could be in for a hefty fine.  Think about the consequences of giving a tablet to someone who turns out to be allergic and that someone has a stroke or dies as a direct result of something you have given them – how are you going to feel about that, never mind the legal implications!

The articles from your box, that have been used must be replaced as soon as possible and as the employer it is your responsibility to ensure that your box(es) always carry the minimum requirements and that items that have gone past their expiry or ‘use by’ date are discarded or destroyed and replaced as soon as possible.

It is also a good idea to have a register of sorts to record every time an incident resulted in the use of the First Aid Box. This would also be good in case of insurance or legal claims and the like.

The name(s) of the staff who have been trained to provide treatment should also be kept in or near the First Aid Box for ease of reference.

Remember though, if you are in any doubt with regards to the requirements – contact the Department of Labour or if you are in any doubt regarding the correct treatment to use - call for professional help!

Prevention is always better than cure though – so be safe at all times.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 - Nothing Beats a One-on-One

Networking 101 - Nothing Beats a One-on-One

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Nothing beats a one-on-one!  Okay, this is really important so let me say it again!  Nothing beats a one-on-one!

Oh yes, I do know that we are in the middle (or perhaps even the start) of the technological age and that we can e-mail, twitter and instant message.  We can video conference and conference call and SKYPE and all the rest, but there is nothing quite like talking to someone in the flesh – up close and personal.

You get the whole picture, the body language, the eye contact, the various tones of the voice – yip – there’s nothing that beats the one-on-one.

Meeting someone for the first time at a networking meeting or event is great, but at those meetings all you will get is a fleeting glimpse of an individual and I, for one, always want to know more about the person that I am dealing with.

I want to know more about who you are and what it is that you do.  I want to know more about ‘you’ the person, the individual.  I want to know what your dreams are and what you wish for.

I want to know what your challenges are so that I can best understand who to connect you to, in order to assist you with overcoming those challenges.

And you know what . . .?  I want you to listen to who I am and what it is that I do.  I want you to hear what my dreams are and what my challenges are so that you can connect me with people who can assist me.  I want you to hear my dreams and my wishes so that you can also get to know me.

For sure – one-on-one meetings are very important!

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za

Business Tip – Creating a Successful Team – Part 2

Business Tip – Creating a Successful Team – Part 2

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Following on from last time, here are some more tips on how to get the best out of your team.

My ‘baby’ brother is a Senior International Partner at Deloittes in Australia and I am immensely proud of him.  We chat often and as I tell him of what is happening in my life and what I am achieving and he always says “Well done Nikki!”  The first time he said it I was amused – I mean, here I am – his ‘big’ sister and he is the one that is praising me (not that I never praised him or congratulated him, you understand).  It did make me feel good though (and it still does).  I guess that we, as the human beings, still always need to be acknowledged in some way or another.  Even though your staff are members of a team, remember that they still remain individuals and as individuals they still need to be encouraged.

When a member of your team does something correctly or their job performance is good, give them recognition.  This tells them (and all their colleagues) that you are aware of what is going on and that you have noticed that they are doing well.  Congratulations and praise should be given as soon as possible and if you have motivated them with promises of a reward, be sure to give that reward as soon as they have achieved the objective.  Holding onto a reward that should have been given in the hopes that it will spur them onto achieving more objectives will not work and in all probability will have a negative effect.  So don’t do it.

As someone who prefers to work alone, one of my biggest challenges is  to delegate.  Think about it for a moment though – you have a team, more importantly, you are part of a team.  Each member of the team (including you) has specific tasks that they need to perform.  If you were able to complete the project all by yourself, you would not need the team – therefore you have to ‘give up’ a lot of the tasks that you would normally perform to the various team members that those tasks fall under.  They are no longer your tasks.  Giving up those tasks will also free up time for you to do the important tasks that fall under your particular portfolio – so if it’s not on your portfolio, then  it’s not your task – give it to someone else or hand it over to the person that it belongs to.  Delegating things successfully will show your staff that you trust them to do their work (and any other tasks that you give them) properly.  It will give them confidence in their abilities and will generally assist with motivating them as well.

Just like any successful democracy, the whole team should be involved in the decision making.  Yes you are ultimately responsible for the outcomes and the deliverables and everything else that goes with that, but you need the ‘buy in’ of the team and that will never happen if they are not part of the decision making.  Remember they are the ones that have to do the physical work and if they are just ‘told’ what to do, without understanding the ‘why’ and the consequences, they will become disgruntled.

Next time we will look at the final few tips on Creating a Successful team.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration - Help from unexpected Quarters

Inspiration -  Help from unexpected Quarters

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

It is said that sometimes the people you think might kick you when you’re down, will be the very ones to help you get back up!

For me this is all about judgment and perception.  You see, I think that people have perceptions about other people based on things like, the way they dress.  So someone is judged by what they are wearing and the perception is that they would never assist or have the empathy or compassion to help a fellow human being!  How bizarre!

I believe that perception is how facts are interpreted and that if those facts are not looked at in their entirety then they are often distorted and that that is why perceptions are so often skewered.

I am often amused at the way that others see me, for example.  As an Internal Auditor, there seems to be an expectation of how I should behave, how I should dress and on some levels, even how I should think.  That expectation is never met when they actually meet me and dare I say it, get to know me and that can cause a huge amount of confusion.

You see, often people think that I should be a quiet, shy introvert who dresses very conservatively and who thinks inside the box.  The reality of the situation is that although I am an introvert, I am really not the shy or quiet – I say what I feel and tell it ‘like it is’.  I am a jeans and t-shirt kind of girl and for me thinking in or out of the box is not an option – there is no box!  I mean think about it for the moment – logically speaking, would you expect every single Internal Auditor on the planet to look, behave and think in exactly the same manner?  If you really had to stop and think about it, I really don’t think that anyone would actually think like that and yet the expectation persists.

I think that we as individuals have to change our mindsets and our judgments and drop the blinkers, allowing ourselves to really look and see a person for who and what they are, instead of just making a judgment call before all the facts are in.  I have no doubt that if we allowed this to happen, we would no longer be amazed to receive help and assistance from people who we ‘thought’ would kick us when we were down.

Give people the benefit of the doubt and allow them to be who they actually are, rather than who you perceive them to be.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or www.viljoenconsulting.co.za

HR 101 – Who is an Employee - Part 8

HR 101 – Who is an Employee - Part 8

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practices requirements.

Now you have all the details of who an employee is, however human nature being what it is, both you and the person agree that although they fit into at least one of the categories, they are in fact – not an employee.  Well the law makes provision for this too.  Here are some examples of what you may think and what the law says!

You have a contract with a person that clearly states something along the lines of “this is not a contract of employment” or “this is an independent contractor contract” or “it is agreed by both parties that the person is not an employee” and any other variation on a theme that you may have that means this.  Please take note – you cannot do this, well I suppose you can, however that said, it is meaningless because the Code says (and therefore the law says) in paragraph 16:

“a statement in a contract that the applicant is not an employee or is an independent contractor must not be taken as conclusive proof of the status of the applicant.”  The code also says “The fact that an applicant satisfies the requirements of presumption by establishing that one of the listed factors is present in the relationship does not establish that the applicant is an employee”.

So as usual the law is as clear as mud!

However an employer can use whatever evidence that they have in order to show that the person is not an employee, despite the fact that they meet at least one of the requirements.  If the employee  cannot give any evidence proving that the person is not an employee then the person will be considered an employee and that is the end of that.

So be very clear about what you mean when you draw up the contracts.

Let’s have a look at what the Definition of an Employee is.

The Labour Relations Act gives us several definitions of an employee.

Section 78 has a definition that is ‘specifically for the purpose of excluding senior managerial employees from the definition of an employee’.  It says:

“employee means any person who is employed in a workplace, except a senior managerial employee whose contract of employment or status confers the authority to do any of the following in the workplace:-
a. represents the employer in dealings with the workplace forum; or
b. determine policy and take decisions on behalf of the employer that may be in conflict with the representation of employees in the workplace.”

This means that a senior managerial person, who can make the abovementioned decisions is by definition – not an employee.

The definition of an Employee in Section 200A, however says:-

“a.  any person, excluding an independent contractor, who works for  another person or for the State and who receives, or is entitled to receive any remuneration and
c. any other person who in any manner assists in carrying on or conducting the business of an employer, and ‘employed’ and ‘employment’ have meanings corresponding to that of ‘employee’ – (This definition is also found in the BCEA, the EEA and the SDA.)

This means that the employer can show evidence that the person is an independent contractor who was contracted for particular task, even if that task has taken or will take longer than an average 40 hours over the last three months.

It would then be up to the Court or the Tribunal to decide if the person is then in fact an employee.

Next week will be the last one in this particular series and I will continue with when a person becomes an employee.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or www.viljoenconsulting.co.za

Marketing 101 - Seven Steps to Starting Out – Part 3

Marketing 101 - Seven Steps to Starting Out – Part 3

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Following on from the first five marketing tips out of the seven steps to starting out – let’s look at the rest now.

The sixth tip is all about the sales process and yes, it is a process.  Many people fall flat round about now, as they think that because they are sitting in front of someone that they consider a friend, the process is complete and done – don’t you be making that mistake.  The deal still needs to be done and the sale needs to be concluded.

Make no mistake, sitting in front of someone that you consider a friend will make part of the process very easy, but part of the process will also be extremely difficult, failing to deliver to a ‘friend’ will, in most cases result in the breakup of that friendship as well as loss of the sale and loss of a client!

Ultimately, it is definitely easier (and often safer) to have the ‘sales discussion’ with a qualified prospect who is open to whatever it is that you are selling and open to working with you.  Remember that the successful conclusion of the ‘sales process’ is that the prospect is converted into a paying client.

The final point of course is the deliverables.  You have to deliver and you have to deliver on time, especially to new clients as their expectation of what you have committed to is so much greater.  You have to deliver whatever it is that you have promised and in fact it is in your own best interests to ‘over deliver’.  The saying that goes something along the lines of ‘under promise and over deliver’ is exactly what needs to happen at this point.  Believe me you will score ‘brownie’ points if you work like this and your reputation will proceed you.

Remember, exceeding someone’s expectation of you is a wonderful thing as it will usually end up to leads that are generated by ‘word-of-mouth’ referrals and these are the very best that you can get, they are more powerful than King Kong and certainly more valuable than diamonds and gold. 

Take care of the deliverables and the ‘word-of-mouth’ referrals will take care of you.
That’s for the 7 steps to starting out.  I hope that the information that I have shared is as easy for you to implement as it was for me to write.

Next time we look at a new topic.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 - Using all the Opportunities

Networking 101 - Using all the Opportunities

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

The infamous Napoleon Hill says “A group of brains co-ordinated in a spirit of harmony will provide more thought energy than a single brain.”

When I first started my business in 2003, one of my biggest fears was the fact that I was doing this on my own.  Now don’t get me wrong, I have no problem with being on my own, in fact, if the truth be told I quite enjoy my own company.  The scary thing was that  I recognised the fact that I don’t know everything and not only do I know this, but I also know that I am a human being and in times of stress or if I focus really hard on one thing, it often means that I don’t see the ‘wood for the trees’. I doubt very much that I am alone in this, it’s a normal state of affairs, I’m sure.

Belonging to and networking with several groups of very different and diverse people means that I get to ‘brainstorm’ with a huge number of individuals, some of who have no knowledge of what it is that I do, but who usually bring a fresh perspective to the problem or new ideas on how to deal with any given situation (and even some really interesting ones too), to the discussion.  Let’s face it, we could all do with some extra help every now and then.

By now you will know that my friend GiGi won the Celebrity Survivor (well done GiGi).  GiGi is the owner of the Lollipop Lounge  in Randburg and she tells me that not only did she have the experience of a lifetime, but she also learnt a great deal, some of which she has implemented into her business.  Listening to her speak, it is evident that one of the most important lessons that she learnt was in fact – to listen. GiGi says that if she didn’t just ‘shut up and listen’ she would have been out of the game!  Keeping her own counsel and really listening to what the others were saying and what they were plotting and planning enabled her to make decisions about her own strategy that ensured that she appeared to be no threat whatsoever. This is fact was how she won the game.

In her business, GiGi now takes the time to listen to what her staff and her customers and her colleagues are saying.  It allows her to ‘get the picture’ of what they are trying to tell her as well as allows her to see the whole picture of what is occurring and this in turn enables her to make meaningful and informed decisions.

This is also true of Networking – people love to talk about themselves. So ask them what they do, what they would love to do, what their dreams and aspirations are and then sit back and listen, really listen – you may be pleasantly surprised at what comes out.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za

Business Tips – Creating a Successful Team – Part 1

Business Tips – Creating a Successful Team – Part 1

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Some of us are better team players than others – I know because I have worked in a team and I have worked on my own, and quite frankly, working on my own, works for me.

That said, there are people out there who cannot work on their own and in order to function properly they need to work as part of a team.  Working in a team, or being part of a team does not necessarily mean that you are not a leader, or that you are not a self starter – in some cases it merely means that you need the camaraderie that is part of being in ‘a team’.

For me it takes a ‘special’ kind of leader to lead a successful team, and it takes a ‘special’ kind of person to be a member of a successful team.  Everybody has their own strengths and weaknesses and it is obviously really important to have people with the right ‘mix’ of personalities to ensure the success of the team.  So how do you go about getting that winning formula?

Here are some of (but not limited to) the issues that need to be covered:

- Clearly you need to ascertain what skills are required for the particular task at hand.  Once those are clearly defined, you will need to source the individuals who have those skills and the only way to do that is to interact with the team. Get to know them, understand how they think.  Learn about what their strengths and weaknesses are so that when you do partner them up together that they compliment one another and not clash with each other.  Not only will this put you in a great position in terms of ‘who is who’ but it will evidence that you are taking a personal interest in them and the perception is then that you ‘care and have their best interests’ at heart.  This is a really positive position to be in.
- In order to get the very best out of your team, it is imperative that you not only know what motivates them, but you also need to know what their individual goals are.  Understanding what drives someone and then being in a position to assist them in achieving those goals, will ensure that everyone in the team pulls in the same direction.
- Whatever you do, don’t be taking anyone or anything for granted.  As in life, people need to be challenged, constantly challenged.  So if it looks like your team is functioning like a dream – don’t leave well enough alone, it will in all probability go southwards – find ways in which to challenge them. Make sure that each challenge is well within the capabilities or potential of each individual and remember that it doesn’t have to be the same challenge for each person – different things challenge different people, so make sure that each  person is challenged in their own particular way.  The trick is to keep everyone interested and motivated and there is nothing like a challenge to do this.
- Be sure that you have analyzed their strengths and weaknesses as once you know what it is that you are dealing with, you are then in a position to strategize and ensure that you make the most of everyone’s strengths and implement measures to ensure that the weaknesses are compensated for.
- Be a mentor.  Coach your team. Guide your team – know exactly what they are doing to ensure that they are always moving towards the common goal. Capitalize on the individual strengths and ensure that as a group these strengths are utilized correctly.  In the areas of weaknesses, if there are no members that are able to compensate for these, then you will have to assist the ‘team’ to overcome the weaknesses.  Understand the difficulty here and motivate them to ‘do better’ or challenge them to work on their weaknesses in order to overcome this problem.  Getting the best out of your team means that you have to put the best of you, into them.

Next week we will continue with some more pointers on how to get the best out of your team.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration – Holding Onto Anger

Inspiration – Holding Onto Anger

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Rene Sinnya says that “Holding onto anger is like grasping hot coal with the intent of throwing it at someone else – you are the one that gets burnt.”

Man oh Man – that one certainly got to me.  You see, I have held onto my anger for years.  The only person that got hurt was me.  My days were spent in a red haze and my nights were spent with nightmares, where I heard bones break as I smashed the nameless, faceless, unwilling participants of my horrific dreams.

So how did that hurt me – simply hitting someone in my dreams did not hurt me (or them for that matter), in any way?

Wrong, wrong, wrong again!  Apart from anything else, the level of rest that I got during my sleep was seriously limited!

Being in a rage ensured that I was always tense, muscles clenched and bunched in knots.  The knots went all the way up my spine and up through my brain stem and this resulting in the most excruciating headaches and migraines and the bottom line was that my perception was always that the ‘glass was half empty.”

What about the objects of my anger – how were they affected.  Well I don’t think that they even remembered that I existed!  How cruel is that?

It took a while – it took a really long while, but I eventually learnt – to let go of the anger.  “Just let it go” said Vanessa, my mentor.  “How” was my standard reply.

Here’s the thing, if those that you are angry with don’t really give a rats bum, then what’s the point?  If they don’t even  realize that you exist – then really, what is the point?

Just imagine your clenched fist slowly open and the anger dissipating, watch as it disappears into the ether!

It give me great pleasure these days, to watch the expressions on the faces of Johannesburg taxi drivers (or in fact any drivers) who look at me in astonishment as I smile and wave at them in direct response to their giving me ‘the finger’ in rush hour traffic!

It always brings a smile to my face.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 – Who is an Employee - Part 7

HR 101 – Who is an Employee - Part 7

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations Requirements and Best Practice

If you will remember, the sixth indicator of how to determine if the person is an employee is:

6). the person is provided with the tools of trade or work equipment by the other person.

Well that seems to be pretty straight forward, doesn’t it.  Obviously they are not talking about pens and pencils and the like, being supplied as tools of the trade, but it would include things like telephones and computers etc.

Should the person be provided with the tools of the trade free of charge or even if the person pays for them at some stage, this would make no difference at all.  They would still be considered an employee.

The seventh and final indicator of how to determine if the person is an employee is:

7). the person only works for or renders services to one person.

Clearly someone who has their own business, would not be working or rendering their services to only one company, so this is a really good indicator and easy to spot.  The code is also really clear on the fact that is makes no difference whether that work is permitted in terms of the employment relationship or whether the employee is ‘moonlighting’ and is therefore contravening the terms and conditions of their Letter of Appointment.

Don’t forget though that it if any one (and not necessarily all) of the indicators is present, then the person is presumed to be an employee until the employer or the person proves otherwise.

I trust that that makes it a little clearer about who an employee is.

Next week, we will look at some of the different types of rebuttable presumptions, should the employer and/or the person decide to challenge the ruling(s).

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or www.viljoenconsulting.co.za

Marketing 101 - Seven Steps to Starting Out – Part 2

Marketing 101 - Seven Steps to Starting Out – Part 2

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Following on from the first three marketing tips out of the seven steps to starting out – let’s look at the fourth one.

Well this is my favorite one for sure, but that is because I absolutely love to write – it is a passion that I found, rather late in life and as you can see from my blogs it is one that I am making the most of – catching up for all the years I lost I suspect.  Thing is though that writing is one of the most powerful marketing materials.  With the advent of the internet and more recently ‘social networking’, your writing skills (or if you don’t have them, your marketing guru’s) is of paramount importance.  I use my blogs on blogger.com as well as the posting of the blog on my own Website and on Twitter and on Facebook.  Posting the blog, by means of a “url link” onto Twitter and Facebook ensures that I get visitors to my website.  The blogs give out useful information for free, to anyone who cares to read them, but the primary target is Small Business Owners or Entrepreneurs and as people read what they think pertains to them, they are drawn to read more and more as my blogs cover a vast variety of subjects.

The blogs are therefore used to educate potential clients and persuade clients to not only avail themselves of the ‘free information’ but that help is but an e-mail away or a phone call away, should they need it.  My website also contains the links to the various articles that I have written for newspapers and/or magazines as well as YouTube clips of my interviews on various television programs.  All of this is used to promote my business and most of it cost me only the time that it took to research the material (usually for my own or a client’s needs) and then to write the article.  Not a bad marketing budget, even if I say so myself. So it is worth everyone investing in it for themselves.  Most small business owners are ‘specialists’ in what they do, or passionate about what it is that they do, so why not share some of that passion and some of that information – it will draw people to your product or the service that you provide.

Then comes engagement and no I don’t mean the marriage type, I mean where you have the interest of the other person and you engage in conversation with them.  Getting an appointment with someone you have met whilst Networking or someone who has been referred to you, timeously is of the utmost importance and obviously the sooner it is done the better. 

Invite them for a cup of coffee and have an informal chat.  Find out how you can be assistance to them and tell them they can be of assistance to you.  Remember to keep it reciprocal – it’s the best and most profitable way for both parties.

That’s it for this week folks – next time we will look at the rest of the points.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 – Networking is About Relationships

Networking 101 – Networking is About Relationships

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

I’ve said it before and I’ll say it again – in fact, I have no doubt that I will be saying it many times over, during the course of the remainder of my life – Networking is about relationships.  It’s about, not only meeting new people and creating new relationships – it’s also about nurturing and maintaining current relationships.

That said, I do understand that not everyone is equally as good as I am at Networking.  In fact, if the truth be told, not many people actually even like to Network. I have to be aware of that because I need to make allowances for those who do not network or operate in the same way that I do.  It means that I also tend to gravitate towards those who do operate or Network in the same way that I do, people who will reciprocate, people who will “give to get”, people who not only want referrals from me, but also who want to send referrals to me.  I tend to respond more quickly to requests from these individuals as I know that they respond more quickly to me.

I also know that the more help and assistance that I give, means the more help and assistance I will get.  All I have to do is ask and the people in my Network automatically respond. How cool is that?

It’s all good and well to ask for help, but that doesn’t mean that you should expect everyone to drop whatever it is that they are doing to come to your rescue.  That’s just rude!  If you need assistance with something, don’t leave your request to the last minute.  By all means, ask for assistance but let your Network have sufficient time to respond.  So plan properly and ask early!

When you ask for assistance and you get it, don’t just leave everything there.  Interact and communicate with your contact.  Let them know how their information assisted you, what use you made of it and what the result is.  Make them a part of what it is that you did.

Don’t, I repeat DO NOT, forget to say ‘thank you’!  You cannot believe the number of people who contact me for information, who expect me to drop whatever it is that I am doing to give it to them at no cost and then who never say ‘thank you’, let alone show any other kind of gratitude.  Understand the next time around, I am really not going to be available.  It really is a very small price to pay for the information or interaction.

Networking is definitely not about “what’s in it for me” but rather about “How can I be of assistance to you.”

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za

Business Tips – Creating A Budget

Business Tips – Creating A Budget

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

For many of us who were employees before we became SMME’s or Entrepreneurs, creating a budget was something that we perhaps did on a monthly basis.  It was all that we needed because we were assured of a fixed income at the end of each and every month.

As an SMME however, especially when we are starting out, we do not know what to expect.  We can always theorize about what we would like to have coming in as income, but we do have quite a bit of control over what will be going out.  It is really is a good idea to know exactly how much your need to be coming in to be able to pay the basic bills.  So creating a 12 month budget is a good idea.

Having a 12 month budget will allow you to plan and strategize what you need and want to do for the following twelve months.  Creating a 12 month budget is not something that you should do when you have some spare time, but rather something that you should allocate time to do.  It should be seen as something that is critical to your business, rather than something that is viewed as a waste of time.  It will assist you in ensuring that your business has a manageable and sustainable financial plan.

For me the challenge always is just to get started.  If you are not sure about what you are doing, it is really easy to procrastinate.  So book it in your diary and just get going.

First of all you need to know what your profit/loss format is.  Don’t panic – it is not as scary as it sounds.  You start with your income – take what you charge for your product or service, less your cost of sale (which is the cost of the goods sold or the cost to you, in order to supply the service), less your overhead expenses.  This is your net income (also known as profit).

Don’t forget to list all of your expenses or the expenses that you expect to have during the next 12 months and also your projected income.  Then in order to ensure that you don’t overstate your income, it is always a good idea to validate it.  So for example if you predict that your income in July is going to be say R20 000.00, you need to list how that R20 000.00 is made up.  In other words, what you are going to do in order to bring that money into the company. Be careful that you don’t underestimate your expenses – be realistic about your expectations – it is always better to come in under budget on your expenses and over budget on your income than the other way around.

Remember to compare your actual monthly figures to your predicted theoretical figures.  This will be of real value to you, firstly to ensure that you keep your sales figures up and your expenses down and secondly it will assist you in the compilation of the following year’s budget.

As a business owner myself, I am all too aware of the demands on my time and how critical it is to manage my time effectively.  That said, I have learnt the hard way, just how costly it is, both financially and also from a time point of view, if the financial side of the business is not managed effectively and properly.

If the numbers and the financial side of things is not one of your strengths, I promise you it is in your own best interests to find someone (either an employee or a bookkeeper or better yet an accountant) to assist you or get yourself on some sort of “Financial Literacy” workshop so that you have the basic knowledge of what is happening in the financial side of your company.  Believe me without it, you will be lost and that is surely the quickest recipe for disaster.

You are responsible for the financial well being of your company – at the very least you should be able to have a basic understanding of it.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Inspiration – Getting Past the Fear of Failure

Inspiration –  Getting Past the Fear of Failure

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

This is a topic that I have covered before, however that said, it is something that has really come to the forefront in my life lately.  The other fear that I seem to constantly battle with is the fear of success.

Let’s look at this in a logical and unemotional manner.

Firstly – the fear of failure is a very normal emotion.  I promise you, you are not alone.  Everyone has, at some time or another had this fear.  It’s how you deal with it that is important.

One of the ways to deal with the fear of failure, is to set yourself reasonable and effective goals.  Remember though that you need to keep your goals as bite sized chunks, so that they are easily attainable.

Here’s the thing – “We can only have one thought at a time” says Robin S. Sharma – the trick is to have the right thought.

I am currently reading “The Monk Who Sold his Ferrari” by Robin S Sharma and some of the advice that I have seen there, not only resonated with me – it blew me out of the water.  You see the whole book, (and I haven’t finished reading it yet) is around the fact that our minds control our thoughts and we should control our minds.  Our thoughts actually bring about our fears or failures or indeed, our successes and pretty much anything that we wish to achieve.

In this wonderful story the Sage (or teacher) says that even one negative thought is poisonous to us as individuals and that we, by controlling our minds and our thoughts’  can change these ‘negative’ thoughts into ‘positive’ thoughts that will serve us.  The reader is given exercises in visualization of the positive kind.  These exercises start at a few minutes a day and they progress from there.  There is also a section on ‘what to do’ when you have a negative thought.  It really is a wonderful book and one that I would really recommend to everyone.

Of course, like everything else in life, it is only in the repetitive actions of the individual, that the solution will take place – it’s not an instantaneous happening, but rather a gradual reformation, so don’t think that you can do the exercise once and then everything in your life is solved.  It won’t be, you have to repeat the exercise on a daily basis and you have to continue it for life.

Secondly, let’s have a look at the fear of success.  This is the one that bites me in the rear end on a regular basis.  I have spent all my life dreaming about my goals and when they finally arrive, I go into a kind of reverse action and my brain is flooded with thoughts of “I can’t do this because . . . “ or “I don’t deserve . . . .”!  Actually yes I do deserve – I have put in the work, I have sweated the blood and cried the tears and the reward is mine to enjoy.

Again, it is about controlling your thoughts and turning positive thoughts into successful actions.  Remember that a thought without any action is just that – a thought.  The thought needs an action in order for anything to happen.

The bottom line of course, is that it is up to you – they are your thoughts and you are the only person that can control them.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

HR 101 – Who is an Employee – Part 6

HR 101 – Who is an Employee – Part 6

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practice requirements

If you will remember, the forth indicator of how to determine if the person is an employee is:

4). the person has worked for the other person for an average of at least 40 hours per month over the last three months.

Although this is self explanatory, please don’t confuse it with the fact that a ‘casual’ worker cannot work more than 24 hours in a month. Once they work more than 24 hours, they are no longer considered ‘casual’ and are entitled to company benefits. So please watch that one.

The fifth indicator of how to determine if the person is an employee is:

5). the person is economically dependent on the other person for whom he or she works or renders services.

This one can be a real ‘nasty’! You see if the person works for you and gets 80% or more of their monthly income from you, not only are they considered an employee but you are also responsible for paying their statutory payments (such as PAYE/UIF etc) over to the Receiver of Revenue.

The person will not normally be economically dependent if they are running their own Businesses as they would generally have other clients too. Please understand that if a Self Employed person does only have one client, this does not automatically mean that they have entered into an employee-employer relationship as there may be other reasons that they are currently only working for one client.

Again, please don’t fall into the trap that because a part time worker is also able to work part time at another client that they too are self employed. This would not change the fact that a part time employee is just that – an employee, albeit a part time one.

This would also include a full time employee who chooses to (and is given permission to) work at another job after hours in order to improve their income. They too still remain an employee.

Should a person be free to contract with other Companies and/or Businesses to do work for them or provide services for them, then this would be viewed as an important indicator evidencing Self Employment.

Next week, we will look at the final two indicators.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or www.viljoenconsulting.co.za

Marketing 101 - Seven Steps to Starting Out – Part 1

Marketing 101 - Seven Steps to Starting Out – Part 1

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

I know that when I started out I had no clue about ‘how to’ or even ‘where to’ market my service.  Coming out of a Corporate environment, where the accounts department was down the corridor and to the left and the marketing department was up the corridor and to the right and the art department was somewhere in between - starting your own business is not that easy as you may think.

Having spent, up to that point, most of my working life, just getting on with it, in a Corporate environment, where the assistance that I needed, was on tap so to speak, and then having the disciplines that the Company required me to meet, very clearly defined, meant that it was a huge ‘wake up to reality’ check when I finally ventured out on my own.  I learnt though – very quickly.  Sure if you are working from home like I do, it’s great to be able to work in comfortable clothes, which for me in summer is shorts and a t-shirt and in winter, my favorite tracksuit.  The reality though, is that irrespective of how you dress, the work still has to be done and you learn very quickly that you have to put proper structures in place in order to remain focused and  disciplined.

The biggest thing of course is that, on your own you do not have the resources at your fingertips that you perhaps had at the office. Let’s face it, in your Corporate world you were plugged into everything, but remained only responsible for your particular job/position/field of expertise.  On your own, you are in fact responsible for  the whole shebang!  There’s no-one else to do the marketing/finance/design etc and then you will still also have to make the tea!  The reality is that you are everything to your business all rolled up in one.

Here’s the thing though.  As frightening and as daunting as it may seem, with a little bit of research, a bit of planning (and yes you do have to do it) the whole thing may not be as scary and frightening as you think.

Remember though – no planning and no research will undoubtedly result in a big disaster!

One of the first issues that needs research is the target market.  Let’s face it, pitching your product or service to the wrong target marked will result in disaster or more specifically – no sales.  So it is imperative that you know exactly who you will be offering your services to.  Once you get to the point that you can picture them in your mind as clearly as you can, your own family and close friends, then you know that you are going in the right direction.

It is of vital importance that you have a very clear picture of your product or service.  It you are vague about what it is that you are selling, chances are that your communication about the product or service will also be somewhat vague and your passion about what it is that you want will also come across quite diluted.

The third issue that you need to deal with is your Marketing Message.  Remember that this is how you will be engaging and communicating with your target market.  This, in essence is how you explain, in words (or sometimes pictures), what your product or service is.  This is where you get them interested and hungering for more information. So your message must be very clear, exciting and engaging.  There is nothing worse than trying to tell people what it is that you do or sell and they are struggling to stay awake from absolute boredom.  So make sure that your message is informative but also exciting and interesting.

That’s it for this week folks – next time we will look at the rest of the points.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za

Networking 101 - Employees Also Need to Network

Networking 101 - Employees Also Need to Network

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd 

I am sure I am not the only person to hear people saying that they ‘work in a Corporate Company and therefore they don’t have to Network”.  I don’t know how you feel about that, but it not only amazes me, it also saddens me!  I mean, look at the potential that they are just dismissing out of hand.

It really doesn’t matter where you work or whether you work for yourself or not, Networking has got to form part of your communication and it is an essential skill to have if you really want to get anywhere.  Think about us women who are always complaining about the “old boy’s network” – I mean, what on earth do you think that is exactly?

Quite frankly, Networking in the workplace is the most effective way to get your career advanced.  How’s that for a statement?

Think about it for a moment – in every business and every Corporate there are those special few (and I wish I had the numbers for the ones in some of the companies that I deal with) who are a ‘cut above’ the rest.  Often it is their knowledge, or the way that they deal with their customers (going the extra mile or putting the extra effort in) that sets them apart.  Most of the time however, it’s in the relationships that they have built up around themselves from their network, both in the company and also outside of it.

I can just see the consternation on the faces of many of you – so let me explain.  You see, Networking is about connecting with people.  Networking is about building relationships.  When you connect with people and have relationships with those people you put yourself in a position were you are either able to help them or alternatively, they are able to help you.  How cool is that?

Big Corporate Companies, who understand the value of internal Networking and building of relationships are usually the companies that use things like ‘team building’ experiences or relationship building workshops to assist their staff in forming relationships (and no I am not talking about the lovey-dovey ones) and building their Networks.  They understand that in order for their employees to effectively run or manage projects, or communicate ideas during a ‘brain storming’ meeting, or even obtain information that is critical to doing some research, the employees have to have a strong and effective Network that is well connected with them.

So the next time you hear someone say that they are employed and therefore don’t need to Network, perhaps you should exercise your right to do a ‘good deed’ for the day and gently explain to them, just how vital it is for them to Network – who knows, they may actually listen and you will have gained a grateful and probably strongly connected individual for your own database too.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za  or http://www.viljoenconsulting.co.za