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South Africa, including Sandton, follows the Labour Law which guarantees several employment rights to the employees. These rights include protection against unfair dismissal, entitlement to reasonable working hours, right to annual leave, maternity leave, paid sick leave, and mandatory contributions to the Unemployment Insurance Fund. Understanding these rights is essential for both employees and employers to ensure workplace harmony and productivity.
Legal representation or advice may be required in scenarios like unfair dismissal, harassment in the workplace, disputes on wage and overtime pay, workplace discrimination, or negotiating severance agreements. A lawyer well-versed with the local Employment Rights Law can help you navigate these complex issues, safeguarding your interests and rights.
The Labour Law is the primary piece of legislation governing employment relationships in South Africa. It sets forth the minimum standards of employment, including fair practices for hiring, discipline and dismissal, as well as the requirements for working hours and leave. The Basic Conditions of Employment Act (BCEA), Employment Equity Act (EEA), and the Labour Relations Act (LRA) are crucial laws in this regard.
In the event of unfair dismissal, you have the right to approach the Commission for Conciliation, Mediation and Arbitration (CCMA) or a bargaining council.
You are entitled to 21 consecutive days’ annual leave on full pay, in a leave cycle, by the BCEA.
Your employer cannot unilaterally alter your terms of employment; these must be mutually agreed upon.
Overtime work must be compensated at a rate of at least one and a half times your ordinary wage rate.
The UIF provides short term relief to workers when they become unemployed or are unable to work due to maternity or adoption leave, or illness.
Key resources include the Department of Employment and Labour’s website, the Labor Guide by the South African Labour Guide, and the statutes made available by the South African Government.
If you need legal assistance, consult with a lawyer specialising in labour law. Prior to that, gather any relevant employment documentation such as your contract, payslips and any correspondence related to your issue. This would enable your lawyer to understand and advise on your issue more effectively.
