Best Employment Rights Lawyers in Johannesburg

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JMD ATTORNEYS
Johannesburg, South Africa

Founded in 2012
10 people in their team
Afrikaans
English
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
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Mudau M Attorneys
Johannesburg, South Africa

Founded in 2024
2 people in their team
English
Mudau M Attorneys - Professional Legal ServicesWho We AreAt Mudau M Attorneys, we pride ourselves on being a premier legal firm specializing in civil litigation across various fields of law and the administration of deceased estates. Our mission is to deliver reliable, well-founded, and tailor-made...
Mukwani Attorneys
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsTrust us with your caseMukwani Attorneys is a law firm that provides services across a broad spectrum of subjectmatters. We strive to provide innovative and effective solutions no matter the complexity ofthe issue. We take pride in what we stand for Honesty, Integrity, Quality, Promptly...
Macgregor Erasmus Attorneys
Johannesburg, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
CEBO MATHENJWA INCORPORATED
Johannesburg, South Africa

Founded in 2021
English
Established in 2021, CEBO MATHENJWA INCORPORATED is a South African law firm dedicated to delivering professional and innovative legal solutions to a diverse clientele, including individuals, businesses, government departments, municipalities, and parastatals. The firm's mission emphasizes...
Stabit Advocates
Johannesburg, South Africa

Founded in 2000
173 people in their team
English
French
Spanish
Afrikaans
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON – NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
Ndungu Attorneys Inc
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Ndungu Attorneys Inc is a boutique law firm situated in Johannesburg, close to the South Gauteng High Court (Johannesburg High Court) and various Magistrates’ Courts such as Jeppe, Hillbrow and Westgate.We have a rich and diverse history with our founder Kimani Ndung’u having worked or...
Joubert Galpin Searle
Johannesburg, South Africa

Founded in 1928
English
Established in 1928, Joubert Galpin Searle has built a reputation as a leading law firm in the Eastern Cape, South Africa. With nearly a century of experience, the firm offers comprehensive legal services across various sectors, including commercial law, conveyancing, employment law, estate...
Boqwana Burns
Johannesburg, South Africa

Founded in 2012
English
Boqwana Burns is a boutique legal, corporate, and commercial advisory firm with a national presence in South Africa, operating offices in Johannesburg, Port Elizabeth, King Williams Town, and Plettenberg Bay. The firm is distinguished by its team of prominent, experienced, and well-established...
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About Employment Rights Law in Johannesburg, South Africa

Employment Rights in Johannesburg are governed by a comprehensive framework of laws designed to protect both employees and employers. The primary legislation is the Labour Relations Act, the Basic Conditions of Employment Act, and the Employment Equity Act. These laws aim to ensure fair labor practices and equity in the workplace, promote economic development, fair treatment, and social justice. Johannesburg, as a major economic hub, adheres to these national standards while accommodating the unique dynamics of its local workforce.

Why You May Need a Lawyer

Legal complexities can arise in employment situations that may necessitate the expertise of a lawyer. Common situations include disputes over unfair dismissals, contract breaches, workplace discrimination, disputes over salary or benefits, and retrenchment processes. A lawyer specializing in employment rights can provide guidance, represent you in negotiations or court proceedings, and help ensure your rights are protected under the law.

Local Laws Overview

In Johannesburg, employment rights are protected under several key pieces of legislation:

  • Labour Relations Act: This act is crucial for protecting employees' rights regarding unfair dismissal and disciplinary procedures. It also covers collective bargaining and dispute resolution.
  • Basic Conditions of Employment Act: This sets minimum standards for employment terms, such as working hours, leave, and remuneration.
  • Employment Equity Act: Aimed at promoting equal opportunity and fair treatment in the workplace, this act is particularly important in addressing discrimination and encouraging diversity.
  • Occupational Health and Safety Act: Ensures safe working conditions, which employers must comply with to avoid penalties and protect workers.

Frequently Asked Questions

What constitutes unfair dismissal?

Unfair dismissal occurs when an employee is terminated without a fair reason or without following the correct procedure as outlined by the Labour Relations Act. Reasons must be valid and related to the employee’s conduct, capacity, or operational necessities of the business.

What should I do if I face workplace discrimination?

Under the Employment Equity Act, discrimination based on race, gender, disability, and other categories is prohibited. If you face discrimination, you should document incidents and seek advice from a lawyer or a relevant HR department.

Are there standard working hours in Johannesburg?

The Basic Conditions of Employment Act stipulates standard working hours as 45 hours per week. Overtime must be compensated appropriately, and employees cannot be forced to work excessive hours.

What leave am I entitled to as an employee?

Employees are entitled to annual leave, sick leave, maternity leave, and family responsibility leave as per the Basic Conditions of Employment Act. The specifics depend on the contractual agreement and legal minimums.

How can I address issues related to unpaid wages?

If an employer fails to pay wages, it is a breach of contract under the Basic Conditions of Employment Act. Legal action can be pursued through the Commission for Conciliation, Mediation, and Arbitration (CCMA) or a labor court.

Can I be retrenched, and what are my rights in such a case?

Retrenchment is permissible if conducted for genuine operational reasons. Employees have the right to a fair retrenchment process, which includes consultation and severance pay.

Are verbal employment contracts valid?

While verbal contracts are legally binding if employment has commenced, it is always preferable to have a written contract to clearly outline terms and conditions, reducing the risk of disputes.

How do I address issues of workplace harassment?

Workplace harassment should be formally reported to a manager or HR, and if unaddressed, legal action can be pursued. The Employment Equity Act provides recourse for employees facing harassment.

What steps should be taken if employee rights are violated?

Document all incidences, seek internal resolution through HR, and if that fails, consult with a legal advisor or approach the CCMA to explore further legal remedies.

Are internships covered under South African labor laws?

Internships are covered under labor laws if an employment relationship exists. Interns should have written agreements outlining duties, compensation, and duration, maintaining compliance with employment standards.

Additional Resources

There are numerous resources available for individuals seeking advice on employment rights in Johannesburg:

  • Commission for Conciliation, Mediation, and Arbitration (CCMA): Provides dispute resolution services.
  • Department of Labour: Offers resources and information on employment laws and workers’ rights.
  • Legal Aid South Africa: Provides legal assistance to those who cannot afford private lawyers.
  • South African Labour Guide: A comprehensive source for understanding various labor laws and regulations.

Next Steps

If you find yourself needing legal assistance with employment rights, it is crucial to act promptly. Start by documenting all related events and communications. Seek initial advice from free resources like the Department of Labour or contact the CCMA for potential early resolution. For more personalized assistance, consider consulting an employment lawyer who can provide specific legal advice based on your situation. Establishing a proactive approach ensures you have the necessary support to address your employment issues effectively.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.