‘Featured Questions’ Archives
Qualifying for Maternity Benefits »
Question: How long should I be working for a company to qualify for maternity leave. I am starting in a new company on the 1st of February and I suspect that I am 1 month pregnant. By the time I deliver my baby I would have worked for 8 months. (more...)
Substantive Unfairness »
Question: I have been dismissed from employed on in May 2009 and went through CCMA and my arbitration was completed in December. The reward is that substantive unfairness and retrospective reinstatement dating back to May. However the commissioner also stated that I am not entitled to any back pay. Is this not a contradiction and how do I [...]
Double Question »
Question: my company changed our pay structure 6months ago and have been saying they will be giving us new contracts all this time, but every time they make a deadline for us getting these contracts they change it, but this is not why I am writing to you, I am writing to you because my managers have warned us that we might not want the new [...]
Hair Salon, Hair Dresser and Maternity »
Question: I have a Hair Salon. My senior hairdresser is pregnant & her due date is in about 6 weeks. She wants to work till 2 weeks before her due date, but I feel she is unable to fulfill her duties as hairdressing can be physical. She says that she can't afford to go on maternity leave earlier, but I feel I can't afford to let her work [...]
Retrenched Due to Position »
Question: At the beginning of October 2009 I received a retrenchment letter stating that I have been retrenched due to my position has become redundant, this is after 3 months of consultation with the Union and the CCMA, I have until end of October, thereby my employment will be terminated. Fact: my position has not become redundant as I am [...]
Employer Not Paying »
Question: My wife worked for Coca Cola Fortune in Polokwane and was medically aborted since March 2008 by her doctor. The problem is that since then she never received any salary from her employer and they are dragging their feet to finalize the claim. I am spending lot of money on her medication without any help from her employer. They also do [...]
Make Me Permanent »
Question: Could you please advise me on what to do. I've been contracting for a State owned enterprise for 10 months at a salary of R20800.00. They are busy with a business case to make me permanent as there is no-one else to do the work however the manager told me that I need to take a cut in salary for the permanent position as my currently [...]
Safety Rules and Regulations for Hairstylists »
Question: What are the safety rules and regulations for hairstylists? Is there a W.H.M.I.S.code or any health standards for hairstylists? How are stylists insured for health, life and personal insurance policies? (more...)
Strong Claim CCMA »
Question: My company changed our pay structure 6months ago and have been saying they will be giving us new contracts all this time, but every time they make a deadline for us getting these contracts they change it, but this is not why I am writing to you, I am writing to you because my managers have warned us that we might not want the new [...]
Full Retrenchment Package »
Question: My company has agreed in writing to pay the full retrenchment package including 4 weeks notice at full salary. They are now stalling on paying the salary claiming they don't have to by law. Is this true? (more...)
Finding Alternative Employment »
Question: I have been permanently employed at this company for almost 4 years, of which 2 years (after restructuring) has been by a new company (i.e. just different name, same place and people) and with a new contract. Still permanent employee. I am appointed as Communications Manager and Executive Personal Assistant and my contract clearly [...]
Illegal Temporary Identification Document »
Question: Can you tell what is the position of the Labour court regarding a illegal foreigner, only after committing theft it was discovered that he was indeed illegal and that he obtained a Temporary ID by committing fraud with the ID number, he was employed believing that he was a South African citizen - will he also be seen as an lawful [...]
Domestic Workers and Pension »
Question: Can you please help me. My mother's domestic worker is going on pension at the end of this year. She has been in her employ for 27 years now. What needs to be payed out to her. I heard that it is one week's salary for every year she worked for her. Can you kindly assist me. (more...)
Taxation »
Question: Can a Company employ one person under two different employee numbers, doing the same function (at management level), being paid an annual permanent salary as well as an hourly rate as a consultant? Is this legal? (more...)
Salary Late »
Question: I for the last six months have been paid late. As a result of this I have consulted a debt councilor to help with accounts that are falling behind.Can my company decide when they want to pay me. As it is its the 5th of the month and still waiting for salary? (more...)