Labour Law

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Posts Tagged ‘labour’

Resort Sold, Monies Claimed »

Question: My wife and I are part of four managers running two resorts. The resorts have been sold as a going concern and with all employee's 3 months ago. None off the managers have been paid for 3 months. Can we as management claim our salaries from the selling parties. We know that the final contract has not been signed. (more...)

Qualifying for Maternity Benefits »

Question: How long should I be working for a company to qualify for maternity leave. I am starting in a new company on the 1st of February and I suspect that I am 1 month pregnant. By the time I deliver my baby I would have worked for 8 months. (more...)

Demotion and Salary Adjustments »

Question: My position has been evaluated and found to be middle management, the evaluation was my employers initiative, then one year later they claim to have made a mistake by including me and 200 + employees in the middle management level, they then went ahead by demoting us back to a lower level with pay adjustments, can this be legal in any [...]

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 [...]

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 [...]

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 [...]

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