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Post Info TOPIC: Retrench while pregnant??
Anonymous

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Retrench while pregnant??
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I've been working at a company for a year and a half, the company is starting retrenchment. What rights do i have, for i am 5 months pregnant? Do i claim unemployment UIF or maternity UIF? There is no packages being payed out and salaries is not guaranteed... 
Does the law state any thing about being retrenched while pregnant?


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Anonymous

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hi there

Being retrenched while pregnant could constitute as an automaticallly unfair dismissal. http://www.labourprotect.co.za/retrenchments.htm

http://www.labourprotect.co.za/pregnancy_code.htm

Please call the Department of Labour or report the matter to the CCMa if you are retrenched. your employer will then have to prove that you were not retrenched as a result of your pregnancy.

Whilst on maternity leave, you may claim maternity benefits from the UIF

http://www.labourprotect.co.za/uifbenefits.htm

http://www.labourprotect.co.za/uif.htm




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Anonymous

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I have just been retrench myself and also just over 5 months pregnant, this came of course as a huge shock to me as it's the last thing on your mind, company has based it on (i work for a UK one) time difference and distance, and financial downtrends but they just taken on 6 new staff members???????? it's my self and 2 other girls, we have been having our meeting and trying to come to an agreement with our MD but he just wants us out of cause and is saying he wants to do this the way they do it in the UK one months notice without having to come. we proposed we worked until end of July doing handovers etc he did not accept our offer, we putting a new offer forward hoping that he will accept this one, one thing we dont know is how long we can postpone this for before getting somewhere...



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Labour Protect

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Please follow the advice given in the previous reply.

You need to approach the CCMA immediately as there is a 30 day prescription period and the CCMA is not very lenient when it comes to condonation applications.

You as the employee will bear the onus to show that you were indeed retrenched on the basis of your pregnancy and as such you have been unfairly discriminated against.



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Anonymous

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hi I'm pregnant but the company is retrenchemen people but there is people who came 2013 and we get together permant in 2015 but I'm working since 2007 at the company

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Anonymous

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Hi I am 17 weeks pregnant and they are starting to retrench people because of the revenue that went down. What protects us that is currently pregnant and cant even try to get a job when you are retrench because what company will take an employee in that is almost 5 months pregnant???



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