Labour Law

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Posts Tagged ‘free labour law advice’

Operational Requirements »

Question: I have been working shifts for the past 7 years, and I have been receiving my shift allowance. The company I'm working for now informed me that I would be working normal hours (operational requirement), which will mean that I will forfeit my allowance. My argument is that i have been receiving this allowance for so many years. When [...]

No Written Contract and No UIF »

Question: My father in law has been working in construction for a good number of years for the same guy though they've never made out a written contract. His employer has also never registered him for UIF. His employer has now not paid him since November and we would like to know what actions could my father in law do to ensure he gets his [...]

Security Cameras »

Question: Please will you advise me? I work for a power station. Are they allowed to install cameras on the floor and use it against you in a hearing? They did not tell us at all. What do I do in this case? (more...)

Laws on Restraints are in Favour of the Employee »

Question: I have handed in my resignation as an IT Manager at an event Company, my employer has accepted my resignation and informed me via email that I need to take note of point 3.19 in my employment contract. The clause is a restraint of trade which restricts me from working with/for any company or business similar which is competition to my [...]

Voluntary Retrenchment Packages »

Question: Last year September my previous employers offered voluntary retrenchment packages. In December of last year I opted to take the package. I was then offered a job with the opposition and have now taken up a position in their company. My previous employers are now threatening to take me to court and sue me for the package the paid me. [...]

Foreign Employees Must be in Possession of a Valid »

Question: A friend of mine has employed an American passport holder here in RSA on a holiday visa, who is married to a RSA citizen. The women in question is not registered for tax, is working illegally, taking a job away from a South Africa. My friend thinks that as the employer she has not done anything wrong. Has she? What are the [...]

Maids Retrenchment »

Question: I have a part time maid who currently works 2 days a week. She has been with me 8/9 years. Recently her attitude and demeanour has changed. She sulks. I wish to get rid of her. Can I or do I have to pay her out a retrenchment deal. I have no contract with her. (more...)

Unfair Salary Cut by Employer »

Question: I took over a business in 2006, one employee, "Kate", was paid R3000 by the previous employer, but when I took over we had a verbal agreement that I could not afford her on that salary so we agreed on R2500. Business has been slow and I can't give a salary increase. Now she wants to take me to the CCMA, because I cut her salary. What [...]

Entitled to Study Leave »

Question: I want to take study leave for a month. I have been employed for three years now. What are my labour law rights? (more...)

No Notice of Dismissal »

Question: I saw an e-mail in the receptions outbox in which it stated that the person conducting that service (me) no longer works for the company. I haven't received notice of dismissal, or given notice. What are my rights regarding this matter? (more...)

Unpaid Maternity Leave »

Question: I went on unpaid maternity leave from 01/05/2009 - 30/09/2009. The company I work for gave increases on 01/07/2009. everyone got an increase (I am the payroll administrator so i know) but I did not get one. I am back at work now for 4 months and still did not get anything. I have spoken to my employer and was told it would get sorted [...]

Overtime per Week »

Question: If an employee works more than 10hours of overtime per week, what are the implications? If i work from 8:00am to 5:00pm, when I should work from 8 - 4:30 pm do I get compensated for the half hour worked? (more...)

Strike Certificate Recinded »

Question: How long is a strike certificate valid for once it has been issued? How does one get it rescinded if it has been issued 3 months ago and the members have still not acted on it? (more...)

Working Public Holidays »

Question: If you working shifts and you get 6 days off for the month according to your contract. Your off day falls on a public holiday are you then entitled to another day? If you are scheduled to work and you get paid are you allowed another day off? what is the labour law for shift employees? (more...)

Company Accommodation »

Question: Our company requires that we work away from home and provide accommodation but expect us to pay for our food expenses, is that fair? Also we don't have contracts and are afraid to ask in fear of loosing our jobs, some of us have families and cannot afford that. We also get paid very little, R60 per day for some from 7am till 4pm, is [...]

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