Labour Law

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Posts Tagged ‘law’

Operational Requirements »

Question: I have been working shifts for the past 7 years, and I have been receiving my shift allowance. The company I'm working for now informed me that I would be working normal hours (operational requirement), which will mean that I will forfeit my allowance. My argument is that i have been receiving this allowance for so many years. When [...]

No Notice of Dismissal »

Question: I saw an e-mail in the receptions outbox in which it stated that the person conducting that service (me) no longer works for the company. I haven't received notice of dismissal, or given notice. What are my rights regarding this matter? (more...)

Smoke Breaks at Work »

Question: What is the legislation on half day working hours and smoke breaks for a half day worker? (more...)

Unfair Labour Practise on Salary »

Question: I started at this company in April 2009 in the filing department and after 3 months they made me permanent and I was moved to the call centre where i wanted to be. They are refusing to pay me the call center salary and I was told that the company could get someone else for the salary i am getting in the call center. They them hired [...]

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 [...]

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