Labour Law

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Posts Tagged ‘free labour law advice’

Probation Period »

Question: My company is closing our division. The have placed us at a new company. We are not being transferred but have to sign new employment contracts. We have been told we will not be offered packages. Can they do this without consultation? Do I not have a right to choose? Can the new company enforce probation period? I am being forced to [...]

Religious Freaks »

I am working for a company (Tyre business) where the CEO is obsessed with religion. He has gone as far as to use Gods name and keeps on saying that God said this to him and that to him. He will call you in and read pieces out of the bible to you. You have to say that he can read as other employees have been worked out after refusing these [...]

Labour Rights and Laws »

Question I just wanted to know as an employee, when is it my right to know what I am earning for the month as I earn a Basic plus commission and we get paid one month in arrears on our commission, so I just wanted to know when can I request an amount that I will be earning for the end of the month, for example the sales I made in August are [...]

My Boss Asked Me To Resign »

Question: My boss has asked me to resign. The only reason he gave me was that I am in the wrong work environment as I am an entrepreneur. I am currently holding the position of office manager for a boutique investment company. When I told him that I did not want to resign as I love my job, working for him and the other two directors and that I [...]

Company Medical Assist »

Question: If my contract states that I work 45 hours in the week, stating 40 hours from Monday to Friday and on Saturdays 5 hours, why when I take unpaid leave for a Saturday is a full day salary deducted? Not sure if this question is in your frame of work but we had an incident where one of our black employees had a stroke and we had to [...]

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 [...]

Summarily Dismissed »

Question: I was summarily dismissed from my company after an accident with a company vehicle. I offered to pay for the damages on a monthly basis but was told that the company no longer had accident insurance on their vehicles and could not afford to fix the bakkie. What are my rights concerning severance pay, company debts etc? Is it true [...]

Contractual Basis Creditors Clerk »

Question: I am working on a contractual basis as a creditors clerk, my supervisor is constantly belittling me and I tell her that I have not checked my work but she says that is fine and then she says that is fine she will go through it but then when I am not there she takes it to the manager to show my mistakes. She also talks down to me [...]

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 [...]

Accure Leave Whilst on Maternity Leave »

Question: I am going on maternity leave. Do you accrue leave whilst on maternity leave? I had my last baby in the UK and I accrued leave whilst on maternity leave. (more...)

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 [...]

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