Best Employment Rights Lawyers in South Africa

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JMD ATTORNEYS
Johannesburg, South Africa

Founded in 2012
10 people in their team
Afrikaans
English
Employment & Labor Employment Rights Hiring & Firing +9 more
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...
Maluleka J Attorneys
Ga-Rankuwa, South Africa

Founded in 2019
English
Maluleka J Attorneys, established in 2019 by Director Jacob Maluleka, is a well-established general legal practice based in Ga-Rankuwa, Gauteng Province, South Africa. The firm offers a comprehensive range of legal services, including family law, divorce proceedings, employment law, immigration...
Stadler & Swart
George, South Africa

Founded in 1982
English
Stadler & Swart Attorneys Inc., established in 1982, has evolved into a leading conveyancing practice in South Africa's Garden Route region. Initially focusing on conveyancing, the firm expanded its expertise to include property development, environmental law, and local government law, offering a...
Mothle Jooma Sabdia Inc.
Pretoria, South Africa

Founded in 2001
English
Mothle Jooma Sabdia Inc., established on March 1, 2001, is a 100% black-owned law firm in South Africa, dedicated to delivering specialized legal services with a focus on personalized client care. The firm offers expertise across various legal disciplines, including administrative law, commercial...
SchoemanLaw Inc
Cape Town, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
We believe that it is important that our solutions are practical, lawful and make good business sense. For this reason we also offer various training, content management and implementation options, regardless of the industry or size of the business involved.We work on behalf of a wide range of...
Thomson Wilks Inc
Sandton, South Africa

Founded in 1995
English
Thomson Wilks is a full-service South African law firm with a multi-office presence that includes Sandton, Cape Town, Durban and an international office in Dubai. Established in 1995, the firm advises a client base that ranges from JSE-listed companies to private individuals, and it positions...
ML Schoeman Attorneys
Pretoria, South Africa

English
ML Schoeman Attorneys, located in Montana Park, Pretoria, is a distinguished law firm renowned for delivering exceptional legal services across a broad spectrum of practice areas. The firm's team of knowledgeable and dedicated lawyers adopts a results-driven approach to effectively handle various...
Makgale Law
Rustenburg, South Africa

English
Makgale Law is a full-service, black-owned boutique law firm based in Rustenburg, South Africa. Led by seasoned professionals with over 25 years of cumulative experience in both practice and corporate sectors, the firm offers tailored legal solutions to a diverse clientele, including businesses...
ATISHA GHELA & ASSOCIATES
Umhlanga, South Africa

English
Atisha Ghela & Associates, based in Umhlanga, KwaZulu-Natal, is a distinguished all-female law firm founded in 2013 by senior attorney Atisha Ghela. With over 18 years of legal experience, Ms. Ghela has cultivated a practice that emphasizes comprehensive legal services across various domains,...
Henry Gouws Attorneys
Broederstroom, South Africa

English
Henry Gouws Attorneys, located in Broederstroom, Hartbeespoort, offers comprehensive legal services tailored to meet the diverse needs of its clients. The firm's areas of expertise include corporate law, family law, contract law, and conveyancing, ensuring a broad spectrum of legal support. The...
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About Employment Rights Law in South Africa

Employment Rights in South Africa are governed by various laws and regulations that protect both employees and employers. These laws outline the rights and responsibilities of individuals in the workplace, covering areas such as unfair dismissal, discrimination, wages, working hours, and more.

Why You May Need a Lawyer

There are several situations where you may need a lawyer to assist you with Employment Rights issues. These can include disputes with your employer over unfair treatment, wrongful termination, harassment, discrimination, or if you need assistance with negotiating a contract or severance package.

Local Laws Overview

In South Africa, the key laws that govern Employment Rights include the Basic Conditions of Employment Act, the Labour Relations Act, and the Employment Equity Act. These laws protect employees from unfair labor practices, discrimination, and ensure fair working conditions.

Frequently Asked Questions

1. What are my rights as an employee in South Africa?

Employees in South Africa have various rights, including the right to fair labor practices, protection against unfair discrimination, the right to strike, and the right to a minimum wage.

2. Can my employer terminate my contract without a valid reason?

No, in South Africa, employers are required to have a valid reason for terminating an employee's contract, such as misconduct or operational requirements. Unfair dismissals can be challenged in the Labour Court.

3. What is the minimum wage in South Africa?

The minimum wage in South Africa is set by the National Minimum Wage Act and is currently R20 per hour. However, certain sectors may have different minimum wage rates.

4. How can I report workplace harassment or discrimination?

You can report workplace harassment or discrimination to the Commission for Conciliation, Mediation, and Arbitration (CCMA) or the South African Human Rights Commission. It's important to document incidents and gather evidence.

5. What is unfair discrimination in the workplace?

Unfair discrimination in the workplace occurs when an employee is treated unfairly based on their race, gender, age, disability, religion, or any other protected characteristic. This is prohibited by law in South Africa.

6. Can I negotiate my employment contract?

Yes, you can negotiate your employment contract with your employer, especially terms related to salary, working hours, benefits, and responsibilities. It's advisable to seek legal advice before signing any contract.

7. How many hours am I allowed to work per day?

According to the Basic Conditions of Employment Act, employees are not allowed to work more than 45 hours per week or more than nine hours per day, with overtime paid for additional hours worked.

8. What is constructive dismissal?

Constructive dismissal occurs when an employer makes the working conditions so intolerable that the employee has no choice but to resign. This can be considered unfair dismissal and can be challenged in court.

9. Can I be fired for participating in a strike?

No, employees are protected by law from being fired for participating in a lawful strike. Employers are required to follow specific procedures when it comes to disciplining employees for their participation in a strike.

10. How can I claim for unfair dismissal?

If you believe you have been unfairly dismissed, you can lodge a claim with the CCMA within 30 days of the dismissal. The CCMA will facilitate a conciliation process to resolve the dispute, and if unsuccessful, you can proceed to arbitration or the Labour Court.

Additional Resources

For additional resources on Employment Rights in South Africa, you can contact the Commission for Conciliation, Mediation, and Arbitration (CCMA), the Department of Labour, or seek assistance from legal aid organizations such as Legal Aid South Africa.

Next Steps

If you require legal assistance with Employment Rights issues in South Africa, it's advisable to consult with an experienced labor lawyer who can provide you with guidance and representation in resolving your matter. You can seek referrals from local bar associations or legal aid organizations to find a suitable lawyer for your needs.

Lawzana helps you find the best lawyers and law firms in South Africa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Employment Rights, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in South Africa - quickly, securely, and without unnecessary hassle.

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.