Labour Law

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Recent Comments

  • Mu-ath Devajee: I was let go due to re-trenchment. All documents were signed by my employer agreeing that he will pay...
  • Ashley Bhika: remeber however, that the employees earnings plays a role as to whether or not the Department of Labour...
  • fazila: I was award by the CCMA to be back paid and to be reinstaed. But the company refuse to do that and they want...
  • Feroza: I have a domestic worker that has been working for 6 years and yesterday just told me that she wants to...
  • jacques: I have been working at a company witch is under liquidation. I worked there for 5 and a half years, and was...

Socially Tagged

Posts Tagged ‘free’

Domestic Worker »

Question: My domestic worker resigned on the 15th July verbally and advised that she would be leaving on the 31st July. I asked her to reconsider her decision and she advised me that she wanted to go back to Transkei. she is now wanting severance pay. Is she entitled even though she resigned? (more...)

Garnisheed Salary »

Question: I have an employee that is about to be affected by a retrenchment programme. He has several garnishee orders that we have administered and with the retrenchment, he will be due a package of a substantial amount. What is my duty relative to these orders - am I to notify the concerned of a possible package for claiming or is that not my [...]

Enforcing a Restrait of Trade »

Question: I worked for a recruitment company for 16 months and decided to resign due to the company making my working conditions unbearable. I was consultant of the branch for 4 consecutive quarters and the year however being a single mom was having problems financially. My MD called my family members to confirm that my expenses are what I said [...]

Company Loans »

Question: My fiend has been employed at a recruitment company for 5 months. She had to sign a contract stating, amongst other things, that she would have to pay back training fees if she leaves within the first year. This included airfare, accomodation and her salary for the amount of days she was in training. This comes to quite a hefty [...]

Short Time to Avoid Retrenchment »

Question: If a company starts short time to avoid retrenchment does this option have to be offered to all employees? Do es voluntary retrenchment also have to be offered to all employees? (more...)

Miscarriage – Sick Leave or Time Off Work? »

Question: If you have a miscarriage does thi time off work come from sick leave or from something else? My daughter had a miscarriage and this time off work used up all her sick leave. Answer: Thank you for your query. My condolences for your daughters loss. Just remember to find solace in the fact that the good Lord needed another special [...]

Shift Allowance »

Question: Is there a standard rate in South Africa concerning shift allowance? if so, when your shift rotates its hours every 3rd, is there with every 8 hours or different time set (06:00-14:00, 14:00-22:00, 22:00-06:00) a different rate? (more...)

Accrued Leave »

Question: I am serving my notice and am 4 days away from leaving my current company. My employer is notorius for trying to find fault with every staff that leaves the company and end up not paying them a cent for their leave days or the days of notice served. The employer always gets away with it. I am now facing that experience, I am getting [...]

Choosing to be Fired »

Question: I am a non executive director sales director of a company with a restraint of trade contract in force. Recently I have been summoned to a meeting with the executive board and was told that my work performance is poor and that I must come up with a plan of action to remedy the situation or else I will be fired. The restraint is for a [...]

Change Commission Structure Without a Written »

Question: My boss woud like to base our commission on net sales. Is this legal? I know that he cannot change our structure without a written agreement, but i wondered if it was allowed according to SA law? (more...)

Letter of Appointment Stating »

Question: I received a letter of appointment stating that my commencement date will be 20th of July which I signed, I received a called from the recruitment agency stating that I should now start on the 3rd Aug. If the company stated that I have a 18 month fixed contract and does not appoint me on the 3rd Aug can I take them to CCMA? (more...)

Promotion Woe’s »

Question: How do I legally force an answer out of my employer after the interview? It has been 3 months and my HOD made the mistake of telling me 'in confidence' I will be promoted. Now her superiors are BS* us and beating around the bush. They never have a straight answer and they also have not hired anyone else. (more...)

Reduce Senior Staff Salaries »

Question: Since 2004, the company has not been meeting its obligations with SARS, PAYE, etc. due to poor financial controls, unaccountable payments and cash withdrawals from the company's account. Also due to lack of new business growth, can the comany reduce senior staff salaries up to 50% using the issue of recession, company notmeeting a profit [...]

Employees Salary Cuts »

Question: Is it according to law if my employer cuts the employees salaries with a certain percentage without cutting on working hours as well? What happens if you have worked a full month and on payday receive only a certain percentage of your salary? (more...)

No Monthly Increase »

Question: My Health has been very poor in the last few months due to stress I have at work. I am doing three peoples jobs and my boss insists that I don't need help and it's okay for me to take on a 'department on my own' I have no support from my boss and he continues to make remarks about me. He tells me I look terrible. I look sick - he even [...]

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