Labour Protect Advice Forum

Pieter Ras

Good day, I need to find out what is the required notice period as per the labour law, a company needs to give employees notice for not paying annual bonuses.

Anonymous

Good Day, My employer is refusing to give me my UI19 after being unfairly dismissed. I was working as a temporary worker for 2 years. Can I sue them or fight them?

Anonymous

I believe that my union rep and the employer grossly misled my arbitration hearing which resulted in me receiving an arbitration award of dismissal in the employers favour. My above case was handled very fleetingly by my union rep even though I put to him all my crucial evidence to prove my innocence w...

Anonymous

Good day I have a labour related inquiry. on 01-01-2021 i informed my employer that i have been in-contact with covid-19 positive family member (My Dad) The employer then advised on the 3rd that i should go into isolation. My Manager asked if i had had any discussion with HR regarding leave etc. i then i...

Anonymous

I employed 2 new staff members end of last year (2020) to start 7 January 2021. Due to Covid my industry has still been put on hold and we can not work as of Friday the 18th of January. By middle of February (🙏🏻🙏🏻🙏🏻) we should be able to start up. We have not earned an income how do I pay salaries if no income e...

Anonymous

An incident occurred at my place of work where i was threatened by a co workers child and subsequently suffered injuries. I laid a charge against son and i was granted a protection order valid for 3 years. However the co worker continues to harass me and spread rumours about me to my other co workers. On t...

Anonymous

I work for the Department of International Relations and Cooperation (DIRCO) When we are on posting there is a rule under normal circumstances that applies with regard to If you go on leave. We receive allowances abroad it’s basically like salary abroad but it’s called an allowance you only entitle...

MokokobaleR25

I asked for my ui19 documents from precious company as its a requirement to claim uif. The HR lady sent it to me but my ID no is not there as well as the company cipro number. When I asked if she can fill for me she said I should fill the missing info myself. What can be done with such companies

N.Est

My UIF has been denied because the name of the company on the form the company sent me, is different to the name they are registered in, I told them that this is the case, my previous boss told me to speak to admin about it, I did, and they are now ignoring me... They deducted my UIF each month, so I feel I shou...

Anonymous

Can an employer refuse to give a reference?

Anonymous

Can one own a company without them being registered as on the company but only providing legally document that says they own it.

Independent Contractor

I will post the clause in the contract below. I was served with notice to redeem myself within 7 days effective immediately on the 23rd October 2019. I had already booked leave (for my contract to be suspended) and it was approved. On the 23rd,24th,25th and 28th I did not meet my production targets due t...

Anonymous

Hi, I'm facing a disciplinary hearing on misconduct charges, I have a very good track record with the company but (in shame and embarrassment) I am guilty! Advisers has been telling me that I don't have to prove anything but yet I want to come clean, any advice as to how to go about handling this and showi...

Anonymous

Friends, how do you deal with stress? My work was directly dependent on clients and in the current situation my company is just beginning to bounce back and doing everything online, it took a lot of time and effort. This greatly affected my mental health.

Karl.

I was privileged to be able to work during 8 week of Covid10 lockdown. I submitted detailed time sheets. I received 90% of my salary. When I returned to work i discovered the company had deducted 21.5 days of leave. The company from management...." they do not believe any one worked" Who do I contact to...

Anonymous

I need to know, if an employee is working from home and only beeing paid for hours worked due to not having help with her child. Does she automaticallyget paid for the public holiday hours, even if did nt work on that day? Or do we just pay het according to her actual ours worked?

Job Profile issue · sameeg

Good day, I am currently employed by government and after 13 years i was given the transfer to a more senior post in my department. I was then presented with a Job profile by the manager at the time which i agreed to. The standard process for any new or significantly changed job profile, is that it needed...

Anonymous

Currently due to the pandemic I am on reduced work hours and pay. With retrenchment going forward shortly, can the company calculate severance pay for years of service on my current reduced salary? can they also pay notice pay and leave pay on the current reduced salary?

Anonymous

can my current employer use the basis of me possibly having employment post the retrenchment process to not pay out severance pay? I have no intention of resigning from my current employer and would consider another position within the company if its suitable and agreed on. I have a possible employm...

Anonymous

Good day My contract was terminated with out a letter or proper way or chance to fix whatever I was doing wrong... According to the service provider i did not comply to they safety standards but it's a lie... however the contract state that I should receive a 7 day period to fix the problem if not then...

Anonymous

My previous employer refuses to give me the UI19 form to claim for UIF,I went to SARS they told me the company has been claiming taxes on my behalf,how should I resolve the matter?

Anonymous

My contract is with head office however I run a hotel as general manager, the company is liquidating the hotel and as such not paying any retrenchment payments to the staff contracted at the hotel. My question is, can they do the same to me as my contract is not at the hotel but at head office or will they ne...

Anonymous

I received a notice in terms of Section 189(3) of the LRA today. Included in the notice under the heading "consultation and facilitation" was a paragraph that read as follows: Please note that much of the contents of this proposal are confidential. The information is being shared with you as to plac...

Anonymous

About 2-3 weeks ago i was informed by my company of a restructure within our division. We as a management team were informed that we will report to a new HOD from the start of the new coming month. On Friday passed, i was informed by my current HOD that I will now report into one of my current fellow coll...

Anonymous

I am currently on suspension with full benefits, waiting on a disciplinary hearing and am most definitely going to be dismissed. The conditions of my employment states that I should stay contactable during this time. I have an accumulated leave days of 140 days of which only 30 will be paid on dism...

Frans Rammutla

Good morning,Am working for a telecommunication company and I was placed on standby to transport TAC team from another department in our company during lockdown.my normal working hours are from 7am to 4pm Monday to Friday ,but during this lockdown I was placed on standby working from 5 am to 7am in th...

Anonymous

Good Day. My company has advised that I will be returning to work shortly at level four but requires me to sign an indemnity form. I am 56 years old with hypertension and on chronic medication. Is this requirement legal and what rights would I be giving up?

Marissa

Good Day. Couple questions one regarding covid. At the beginning of the lockdown I was told to use my 20 days accumulated leave for the lockdown I am now being told unfortunately he is not paying me and I should wait for uif. Is that valid? Secondly I operate a branch from home. With my husband now findi...

Anonymous

Good day Im retrenched without proper retrenchement procedure/consultation(section189(3)LRA). I was just been called to the office and issued with retrenchment letter. My former employer calls that a consultation as well. I took the matter to CCMA but was unsuccessful and its referred to lab...

Anonymous

I have not had a scorecard for the last 2 years. I am now being held responsible for a task on my last scorecard (ending in Feb 2018). Since this scorecard my job title has changed twice but without a job description being provided. Can I be held responsible if the task has not been done?Search in Percipio...

Topic		Started By	Replies	Views	Last Post

	Required notice period by law for not paying annual bonuses (Preview) Good day, I need to find out what is the required notice period as per the labour law, a company needs to give employees notice for not paying annual bonuses.	Pieter Ras	1	2119	Mar 29, 2021 by Labour Protect
	Previous Employer refusing to give me my UI19 (Preview) Good Day, My employer is refusing to give me my UI19 after being unfairly dismissed. I was working as a temporary worker for 2 years. Can I sue them or fight them?	Anonymous	1	2184	Mar 29, 2021 by Labour Protect
	Union representative and employer grossly misled my arbitration case (Preview) I believe that my union rep and the employer grossly misled my arbitration hearing which resulted in me receiving an arbitration award of dismissal in the employers favour. My above case was handled very fleetingly by my union rep even though I put to him all my crucial evidence to prove my innocence w...	Anonymous	2	1628	Mar 16, 2021 by Anonymous
	Unpaid Leave (Preview) Good day I have a labour related inquiry. on 01-01-2021 i informed my employer that i have been in-contact with covid-19 positive family member (My Dad) The employer then advised on the 3rd that i should go into isolation. My Manager asked if i had had any discussion with HR regarding leave etc. i then i...	Anonymous	1	1774	Feb 21, 2021 by Labour Protect
	New staff contracts - pro- rata (Preview) I employed 2 new staff members end of last year (2020) to start 7 January 2021. Due to Covid my industry has still been put on hold and we can not work as of Friday the 18th of January. By middle of February (🙏🏻🙏🏻🙏🏻) we should be able to start up. We have not earned an income how do I pay salaries if no income e...	Anonymous	1	1753	Feb 21, 2021 by Labour Protect
	Abusive co worker (Preview) An incident occurred at my place of work where i was threatened by a co workers child and subsequently suffered injuries. I laid a charge against son and i was granted a protection order valid for 3 years. However the co worker continues to harass me and spread rumours about me to my other co workers. On t...	Anonymous	1	1847	Feb 21, 2021 by Labour Protect
	Does COVID-19 Force Majeur apply in my case (Preview) I work for the Department of International Relations and Cooperation (DIRCO) When we are on posting there is a rule under normal circumstances that applies with regard to If you go on leave. We receive allowances abroad it’s basically like salary abroad but it’s called an allowance you only entitle...	Anonymous	2	1850	Feb 21, 2021 by Labour Protect
	Hand filled ui19 (Preview) I asked for my ui19 documents from precious company as its a requirement to claim uif. The HR lady sent it to me but my ID no is not there as well as the company cipro number. When I asked if she can fill for me she said I should fill the missing info myself. What can be done with such companies	MokokobaleR25	1	1810	Feb 21, 2021 by Labour Protect
	UIF Form resend (Preview) My UIF has been denied because the name of the company on the form the company sent me, is different to the name they are registered in, I told them that this is the case, my previous boss told me to speak to admin about it, I did, and they are now ignoring me... They deducted my UIF each month, so I feel I shou...	N.Est	1	1738	Feb 21, 2021 by Labour Protect
	References (Preview) Can an employer refuse to give a reference?	Anonymous	2	7315	Dec 19, 2020 by Potolkiapamy
	creating a company without becoming as board or director. (Preview) Can one own a company without them being registered as on the company but only providing legally document that says they own it.	Anonymous	1	1818	Oct 23, 2020 by Anonymous
	Unfair termination of my independent contract due to Breach of perfomance Clause (Preview) I will post the clause in the contract below. I was served with notice to redeem myself within 7 days effective immediately on the 23rd October 2019. I had already booked leave (for my contract to be suspended) and it was approved. On the 23rd,24th,25th and 28th I did not meet my production targets due t...	Independent Contractor	3	2762	Oct 23, 2020 by Anonymous
	Misconduct charges (Preview) Hi, I'm facing a disciplinary hearing on misconduct charges, I have a very good track record with the company but (in shame and embarrassment) I am guilty! Advisers has been telling me that I don't have to prove anything but yet I want to come clean, any advice as to how to go about handling this and showi...	Anonymous	2	1707	Oct 23, 2020 by Anonymous
	Stress (Preview) Friends, how do you deal with stress? My work was directly dependent on clients and in the current situation my company is just beginning to bounce back and doing everything online, it took a lot of time and effort. This greatly affected my mental health.	Anonymous	1	1811	Oct 22, 2020 by Anonymous
	Deducted leave (Preview) I was privileged to be able to work during 8 week of Covid10 lockdown. I submitted detailed time sheets. I received 90% of my salary. When I returned to work i discovered the company had deducted 21.5 days of leave. The company from management...." they do not believe any one worked" Who do I contact to...	Karl.	1	1887	Oct 22, 2020 by Anonymous
	Public Holday pay (Preview) I need to know, if an employee is working from home and only beeing paid for hours worked due to not having help with her child. Does she automaticallyget paid for the public holiday hours, even if did nt work on that day? Or do we just pay het according to her actual ours worked?	Anonymous	1	2290	Oct 22, 2020 by Anonymous
	Job Profile issue (Preview) Good day, I am currently employed by government and after 13 years i was given the transfer to a more senior post in my department. I was then presented with a Job profile by the manager at the time which i agreed to. The standard process for any new or significantly changed job profile, is that it needed...	sameeg	1	1981	Oct 22, 2020 by Anonymous
	Severance pay - reduced wrok weeks and pay (Preview) Currently due to the pandemic I am on reduced work hours and pay. With retrenchment going forward shortly, can the company calculate severance pay for years of service on my current reduced salary? can they also pay notice pay and leave pay on the current reduced salary?	Anonymous	1	1980	Oct 22, 2020 by Anonymous
	retrenchment (Preview) can my current employer use the basis of me possibly having employment post the retrenchment process to not pay out severance pay? I have no intention of resigning from my current employer and would consider another position within the company if its suitable and agreed on. I have a possible employm...	Anonymous	1	1907	Oct 22, 2020 by Labour Protect
	Termination of my contract as independent contractor (Preview) Good day My contract was terminated with out a letter or proper way or chance to fix whatever I was doing wrong... According to the service provider i did not comply to they safety standards but it's a lie... however the contract state that I should receive a 7 day period to fix the problem if not then...	Anonymous	0	1632	Sep 15, 2020 by Anonymous
	ui19 (Preview) My previous employer refuses to give me the UI19 form to claim for UIF,I went to SARS they told me the company has been claiming taxes on my behalf,how should I resolve the matter?	Anonymous	0	1824	Aug 17, 2020 by Anonymous
	Retrenchment or simpley let go due to liquidation (Preview) My contract is with head office however I run a hotel as general manager, the company is liquidating the hotel and as such not paying any retrenchment payments to the staff contracted at the hotel. My question is, can they do the same to me as my contract is not at the hotel but at head office or will they ne...	Anonymous	3	1879	Jun 8, 2020 by Anonymous
	Third party consultation during a Section 189(3) process (Preview) I received a notice in terms of Section 189(3) of the LRA today. Included in the notice under the heading "consultation and facilitation" was a paragraph that read as follows: Please note that much of the contents of this proposal are confidential. The information is being shared with you as to plac...	Anonymous	1	1888	May 19, 2020 by LABOUR PROTECT
	Role change due to restructuring (Preview) About 2-3 weeks ago i was informed by my company of a restructure within our division. We as a management team were informed that we will report to a new HOD from the start of the new coming month. On Friday passed, i was informed by my current HOD that I will now report into one of my current fellow coll...	Anonymous	1	2255	May 15, 2020 by Labour Protect
	Applying for annual leave while on suspension (Preview) I am currently on suspension with full benefits, waiting on a disciplinary hearing and am most definitely going to be dismissed. The conditions of my employment states that I should stay contactable during this time. I have an accumulated leave days of 140 days of which only 30 will be paid on dism...	Anonymous	1	2112	May 15, 2020 by Labour Protect
	Standby allowance, working on public holidays and weekends while on standby (Preview) Good morning,Am working for a telecommunication company and I was placed on standby to transport TAC team from another department in our company during lockdown.my normal working hours are from 7am to 4pm Monday to Friday ,but during this lockdown I was placed on standby working from 5 am to 7am in th...	Frans Rammutla	1	2192	May 15, 2020 by Labour Protect
	Coronavirus..new company policy (Preview) Good Day. My company has advised that I will be returning to work shortly at level four but requires me to sign an indemnity form. I am 56 years old with hypertension and on chronic medication. Is this requirement legal and what rights would I be giving up?	Anonymous	1	1844	May 15, 2020 by Labour Protect
	Query on Labour (Preview) Good Day. Couple questions one regarding covid. At the beginning of the lockdown I was told to use my 20 days accumulated leave for the lockdown I am now being told unfortunately he is not paying me and I should wait for uif. Is that valid? Secondly I operate a branch from home. With my husband now findi...	Marissa	1	1874	May 15, 2020 by Labour Protect
	Retrenchement (Preview) Good day Im retrenched without proper retrenchement procedure/consultation(section189(3)LRA). I was just been called to the office and issued with retrenchment letter. My former employer calls that a consultation as well. I took the matter to CCMA but was unsuccessful and its referred to lab...	Anonymous	1	2115	Apr 6, 2020 by Labour Protect
	No job description or performance scorecard (Preview) I have not had a scorecard for the last 2 years. I am now being held responsible for a task on my last scorecard (ending in Feb 2018). Since this scorecard my job title has changed twice but without a job description being provided. Can I be held responsible if the task has not been done?Search in Percipio...	Anonymous	1	2050	Apr 6, 2020 by Labour Protect
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