Labour Law

A guide to the Compensation Fund

When you have people working for you, it's not only important to ensure their safety at work, but also to make provisions should an accident or injury occur during the course of their duties. Registering with the Compensation Fund will protect you and your employees in this regard. Besides your legal obligation, a worker injured or disabled at work can be a major (and often unforeseen) expense, but if you belong to the Fund, it will provide the cover and avoid and potential legal action taken against you.

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A guide to the Unemployment Insurance Fund

The Unemployment Insurance Fund (UIF) acts as a temporary safety net for employees who are retrenched or unable to work due to illness or maternity leave. You have a moral and legal obligation to register with this fund and contribute on behalf of your employees. It's not as complicated or costly as you might think. The attached guide will help you navigate the steps you need to follow in order to register and pay the UIF.

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Compliance in the hospitality industry

As with any industry, the hospitality industry has a framework of rules, regulations and guidelines for issues pertaining to human resources.
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Department of Labour

Govt department dealing with labour/employment issues
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First Aid at work

This article sets out the procedures and legal obligations for an employer to insitute a workplace First Aid policy.

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Frequently asked questions about labour law

Find out the answers to some of the most commonly asked questions about labour legislation. These questions include: What should I do when an employee leaves before their notice period is up? Should the employee be notified before the contract expires? When an employee resigns on 24 hours notice, is the company entitled to set off the notice period as prescribed by the Basic Conditions of Employment Act or the contract that the employee signed? And more.

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HIV/AIDS and the labour laws

HIV/AIDS is a stark reality in South Africa and if it hasn't already, it may eventually affect your business in some way. In order to protect your own rights as well as those of your employees, it is important to be familiar with the various labour laws pertaining to HIV/AIDS and how to deal with HIV-positive employees. This article acts as an overview of the relevant labour legislation and guidelines for employee/employer relations.

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Know the difference between fair and unfair dismissal

If you have the unpleasant task of firing an employee, you need to know what is considered fair and unfair according to Labour Law. Even if you have due cause for the dismissal, not following the correct procedures can see you paying a very costly visit to the CCMA. This article looks at the differences between fair and unfair dismissal, according to the Labour Relations Act.

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Labour Guide

The South African Labour Guide is an online guide to labour law in South Africa. The guide provides information and resources on 24 hour notices; absenteeism; alcoholism in the workplace; bonuses; constructive dismissal; the Consumer Protection Act; employment contracts; derivative misconduct; desertion; dismissals; inconsistency relating to the disciplinary sanctions; insubordination; poor performance; probation; resignations; and much more.

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Labour.co.za

Labour.co.za is a partnership of independent, highly qualified and experienced South African Labour professionals offering South African solutions to the South African Private and Public Sectors. In particular, Labour.co.za provides solutions in the following areas: labour law support and advice, human resource management, training and seminars on labour relations, employment contracts, retrenchments, Department of Labour issues, and trade unions negotiations.

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Minimum wages

Minimum wages are set as part of the overall conditions of service in the identified sectors or areas.
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The Commission for Conciliation, Mediation and Arbitration (CCMA)

The Commission for Conciliation, Mediation and Arbitration (CCMA) was established to provide the country with an accessible, user-friendly and, above all, inexpensive labour dispute resolution system. Workers who have allegedly been unfairly dismissed or the victims of various unfair labour practices are able to approach the CCMA alone or with certain categories of recognised representatives in order to seek redress for workplace wrongs.

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The law protects pregnant employees

If you have an employee who is pregnant or breastfeeding, it's important to be clear on what your and your employee's rights are regarding her pregnancy.
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Unlocking the legal issues related to your business

Contracts, tax legislation and other Acts relating to your business can be complicated and getting an attorney to help may be very costly. Of course, there is also the question of whether you even know what your legal obligations are. LawUnlocked provides an online tool that may be able to help you assess what your legal obligations are with regards to various aspects of running your business.

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What is the CCMA and what does it do?

A letter from the Commission for Conciliation, Mediation and Arbitration (CCMA) is the last thing any business owner wants to get. But what exactly is the CCMA, how does it operate, and how can you avoid ever having to see the inside of their building? The CCMA was established to provide the country with an accessible, user-friendly and, above all, inexpensive labour dispute resolution system. Read on find out how their services and resources can help you avoid a costly labour dispute.

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What notice must an employee give when resigning?

The Basic Conditions of Employment Act provides that an employee's employment may terminate only on notice of not less than four weeks where the employee has been employed for one year or more. However, an employer and their employee may agree to a longer notice period. What, therefore, are the employee's obligations when giving notice? And what can the employer do if they breach those obligations? Find out the answers to those questions here.

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Women's Legal Centre

The Women’s Legal Centre (WLC) is a non-profit law centre that seeks to achieve equality for women, particularly black women through impact based litigation, the provision of free legal advice, legal support to advocacy campaigns run by other organizations (which fall within the Center’s objectives) and training that ensures people know and understand the impact of judgements of the courts on the subject of women’s rights. The WLC also provides legal advice to the other non-governmental women’s organizations nationally and in Africa. 

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