Labour Law

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Posts Tagged ‘free labour law advice’

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 [...]

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...)

Domestic Workers »

Question: I have had a domestic for about 3-4 months but she was only working for me Monday, Thursday, Friday & Saturday. I didn't register because I was in the process of buying a new property which catered for a "maids quarters." Now when I am about to move and register my domestic, I realise that the person that i organized for my [...]

New Terms of Employment »

Question: If my employer brings new terms to the table with regards to salary, commission, work time, reporting etc. Does this constitute a new contract and therefore the previous document becomes null and void? In other words, if any changes to conditions are made does a new contract have to be drawn up or if I sign an A4 with the changes on [...]

Internal Relationships »

Question: I am being asked to resign. I was recently (5 months ago) promoted from a chemist to QA Manager. During mid-year review my boss and myself disagreed on a few goals and objectives for the year. (friendly disagreement). I was also asked to write my opinion on how things were going, so I said " my boss lacks the desire to run the [...]

Under Performance for Job Function »

Question: I have been working for a company for 9 months not and have had no contract given to me, my basic salary is R5000.00 and I only get paid R25.00 for over time, is this right, next thing is I was given a hearing for under performance in my job function but I do not even have a job description? What is my next steps? (more...)

Deductions Error »

Question: Can an employer make deductions on an error that they made 5 months ago without my permission? (more...)

Deduct Two Weeks Notice »

Question: I just want to find out, I resigned at my previous company due to the fact that I was treated unfairly and in my resignation letter I stated that my notice period will be a calendar month. After I resigned, I was treated like a criminal, as if i have done something wrong to the company, after 2 weeks (within my notice period) i was [...]

Separation Agreement »

Question: A friend of mine signed a Separation Agreement with his company who wanted to retrench him after only 3 months in the job as at least he managed to secure 2 months salary with the monies to be paid into his a/c the day after the agreement was signed, which also terminated the employment with immediate effect. The company never paid in [...]

Retrenching Staff »

Question: I am looking at retrenching one of my staff as his position is to become redundant within the company. What are my obligations to him and what are the correct procedures that need to be followed? (more...)

Formal Complaint Department of Labour »

Question: I am currently working for a Broker. He has employed me in Feb 2009. He always has a problem when it comes to paying my salary. We have agreed to R 6000.00 per month and 10% commission on every client I give him and he successfully writes up. He needs to pay me R 13000.00 this month and refuses to pay me because he has not enough [...]

Dismissal Period »

Question: I have been unfairly dismissed. I haven't received any written or verbal warnings. Is my boss supposed to pay me out anything? (more...)

CCMA Referal Period »

Question: I have been unfairly dismissed by my previous employer but I never took it up with the CCMA because my previous employer would have stopped supplying my current employer as they are one of their suppliers and I know this is what they do. Anyway - its a year later now and I guess its too late ? What I want to know is - will it be very [...]

Permanent Employee »

Question: My wife has been employed for the last 4 months. She only has a letter of offer which was signed but to date no employment contract has been fortcoming. The company has no HR representative nor a disciplinary code published on any notice boards. There is also no grievance policy or procedure. She has been summoned to attend a [...]

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