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The laws that govern the relationship between employers and employees in Durban - and more broadly in South Africa - are numerous and often complex. These laws cover everything from discrimination and harassment in the workplace, contracts and wages, to workplace safety, termination of employment and labour disputes. They are influenced by national legislation including the Labour Relations Act and Basic Conditions of Employment Act, as well as sector-specific regulations and local bylaws.
Disputes in the workplace can be complex and stressful. You may need a lawyer to help you understand your rights and responsibilities, provide you with advice about the best way to handle a situation, and represent you if your case goes to court or tribunal. Common situations that may require legal help include wrongful dismissal, discrimination or harassment claims, disputes over wages or contracts, and questions about workplace health and safety. A lawyer with experience in employer law can offer you guidance, support and represent your interests, ensuring that you are treated fairly under the law.
Key aspects of the local laws relevant to employer law in Durban, South Africa include the Labour Relations Act, which provides a framework for collective bargaining, industrial action and resolution of labour disputes. The Basic Conditions of Employment Act outlines minimum conditions of employment, including issues such as maximum working hours, minimum wage, leave entitlement and notices. The Employment Equity Act aims to promote equal opportunity and fair treatment in employment. There are also specific laws relating to health and safety in the workplace and the protection of employees’ personal information. All of these laws apply to employers and they may face penalties if they fail to uphold them.
The law in South Africa protects workers from unfair dismissal. To terminate an employment contract, employers must have a fair reason and must follow a fair procedure. If you believe you have been unfairly dismissed, you should seek legal advice.
Harassment may include behaviour such as spreading malicious rumours, insulting someone, ridiculing or demeaning someone, exclusion or victimisation, unfair treatment, or overbearing supervision. It is against the law and should be reported to your employer and, if necessary, a lawyer.
According to South African law, an employer cannot compel an employee to work overtime unless it is stipulated in the employment contract and it doesn’t exceed the maximum allowed hours.
Your employer can only deduct money from your salary for certain reasons (like tax payments or contributions to pension funds), and they must have your permission to do so. Unlawful deductions are against the law.
Every worker has the right to a safe and healthy workplace. Employers are obliged to provide a safe working environment and to adhere to health and safety laws. If you believe your workplace is not safe, you should report it to your employer and, if necessary, seek legal advice.
The Department of Labour in Durban provides various resources to employers and employees, like booklets and leaflets summarizing key aspects of employer law and rights of workers. Legal advice clinics and law centres in Durban can also provide free advice and assistance on employer legal issues. The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body established to resolve disputes between employers and employees.
If you find yourself needing legal assistance related to employer law, it is advisable to approach a lawyer with expertise in Labour law. They will be able to guide you through the complex aspects of the law, help you understand your rights, and represent you in legal proceedings when required.
