Labour Law

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Posts Tagged ‘Q&A’

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 [...]

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 [...]

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 [...]

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...)

Sick Leave for Scheduled Appointments »

Question: Sorry to bother you! Please clarify for me what does sick leave mean. Can I for instance also visit the dentist and my gynecologist and ask them for a proof of my visit. Would this then be categorize under the days of sick leave I have available in my sick leave cycle? Or is sick leave only for the times when you are physically sick [...]

Unfair Discrimination – Remuneration »

Question: We have a case with the employer on unfair discrimination- remuneration, we have presented a solid evidences to the employer during the internal grievance process to prove that the current salary structure was designed to discriminate against black people .This employer still practices policies and conducts that were a norm during the [...]

Accured Leave – Statutory Payment »

Question: My boyfriend, had a hearing at his job with no warnings against him and after the hearing they asked him to come back to work because they didn't have anything against him, so he resigned, because he coudn't work there anymore, because his manager keep swearing at him and don't treat him right. Now my boyfriend would like to have his [...]

Working With No Contract »

Question: I have been employed for 6 years the first 3 years I had a contract of 3 years and then it expired and it was never renewed i asked my employer everytime about it he said he will give me a new one until today I'm working without a contract. Two weeks back he gave me a retrenchment notice without even discussing it with us, I tried to [...]

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