‘Featured Questions’ Archives
Formal Written Grievance »
Question: My company has singled me and some others out for a salary reduction. No other staff have been advised of cuts. I have received a salary increase 2 months ago with a letter from our group managing director (signed). They also want to move me to a sales position entirely different from what what I currently do as a IT administrator [...]
Restructuring Process »
Question: Our company is undergoing a restructuring process. The new proposed structure was put up and my position was included into the new structure, can I automatically assume that my position with the Company is safe or can the Company fill that position with someone else? Answer: I would assume it is safe as ordinarily they would [...]
Freelance Recruitment Agency – Affiliations »
Question: I have my own freelance recruitment agency in South Africa. I would like to know the legal requirements, should I want to open another branch in a different country. I will be making use of freelance recruiters in the specific country. Do I need to be part of any affiliations? Answer: You would have to adhere to that [...]
Unpaid Suspension »
Question: Quick question please - I wanted to find out if there are any terms and conditions that make unpaid suspension lawful or not , or is it a straight forward type of punishment that can't be disputed? Answer: Unpaid suspension can be metered out as a sanction from a formal enquiry. This is an accepted form of disciplinary action [...]
Dishonesty and Misrepresentation »
Question: I am a sales rep in media advertising. I have a client who places adverts on a weekly basis. He called in to reduce the frequency of Ads placed. In order to retain the same amount of sales and change his mind, I verbally quoted him a rate 50% higher than normal, just so that he will see the downside of changing frequency. I [...]
Salary Deductions »
Question: Is there a limit (like a certain % of an employees salary) on the amount an employer must deduct from an employees salary in respect of garnish orders? We have an employee that up to date has 4 garnish orders from the same attorney which amounts to R1200-00 per month. Her basic salary is R5000-00 and they made her sign another one [...]
Jurisdictional Nightmares »
Question: I am the owner of a small consultancy practice in the Cape Town area and would really appreciate an expert opinion on a matter I am currently having. My client has been employed by a company for approximately 2years as a sales agent on a structure of basic salary, car allowance, fuel allowance and cell allowance. Two weeks ago he [...]
Labour Rights »
Question: I am employed by a Company based in JHB to do Sales in the KZN area. According to my contract I am only supposed to be working from 8:30-13:00. I receive a basic salary as well as commission. In the month of August a client requested to run a trial month of the product that I am selling. Due to excessive software and hardware [...]
Contractor Overtime »
Question: I am in a similar position and also need advice. I was taken on into a company as PA to the CEO. I was told that i will be given a 3month probation period and then put on Payroll. I told them that i would then need a higher salary as i will not be able to afford my expenses after Income tax is deducted. I have never signed a contract [...]
Payment Cycles »
Question: Due to financial reasons the company proposes short time instead of retrenchments as well as extended leave without pay. The company closes during December 4 - 5 weeks as most of the workers go to their respective rural areas - this is norm with 3weeks leave pay, wages for the first two weeks of Dec and bonuses. This year the company [...]
Advanced Resignation in Writing »
Question: Resignation in writing dated 1 year in advance. I wonder if you could advise me on the following: I am a permanent employee with 10 years service I have tendered my resignation in writing dated one year in advance (long story...) and it was accepted and signed off by a senior manager. 1. Is this resignation lawful i.e. Can my employer [...]
Racism, Discrimination and Politics »
Question: I work in an architectural office. Our office is divided into studios. I work in the urban Design Studio. My boss / supervisor is a white male, middle aged. He is a devout Christian and staunch republican. I am Jewish and a-political. My supervisor has made political comments for the past year. They are usually remarks about how [...]
Accrued Leave is Paid Out »
Question: My employment contract (permanent) allows for 15 days annual leave, 3 days family responsibility leave and 3 days sick (without a doctors note). I was recently forced to take way more leave than I am allowed as per my contract because of unforeseen personal circumstances. My boss was kind enough to give me the time off, and pay out my [...]
Notice Periods »
Question: I resigned by giving a 48hrs notice. My employment contract only states that it complies with the provisions of labour law. My employer is dragging his feet as my salary is 3 days due. Please advice on what steps to take to avoid prolonging my salary payment. (more...)
Unpaid Salaries »
Question: Our salaries were not paid in yesterday by the end of the month, and we need some advice accordingly. What if our boss does not want to schedule a meeting with us and explain the reasons for unpaid salaries? This is an urgent issue. (more...)