Labour Law

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Posts Tagged ‘labor’

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 [...]

Overtime Payment »

Question: I work for a large industrial company, which have just introduced shift work. They formulated a two shift pattern consisting of the following: Night shift starting on Sunday night at 19H00 and ending at 5H00 the following morning. Overtime paid on exceeding 8 hours – equals 2 hours taking into consideration 1 hour break. The shift [...]

Grievance Against my Boss »

Question: I would like to find out the procedure that I should follow in laying a grievance against my boss. Our company is very small (4ppl working here) and we do not have a HR dept or any kind of dpt that I can forward my enquiries to. The CEO's PA print’s all our salaries via excel and there is no one in a higher position to go to, to [...]

With-held Salary »

Question: Mr. Hardie. I need to know what can I do. I am a Contractor for a Company and been paid as per Contract by a Broker. It happend that the Company's payment to the Broker was late and the Broker withheld my salary for 21 days... well, until the late payments were received. Currently I understand there is another late payment to the Broker [...]

Unfair Salary Preference »

Question: I started working for a company since the 2nd Jan. 2007. When I started workin for them,the company paid me R4000.00, and then after 6 months the company gave me a raise, then I earned R4500.00 per month. After a year, I received another raise, then my salary was R5500.00. Since then I havent received a raised. Last yr in October, the [...]

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...)

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