Labour Protect Advice Forum

Anonymous

Its been 7 days after i worked my last notice day and the labour broker says i must wait till month end for my salary. I have since gotten a job offer and they promised my salary 4 days ago. Today i phoned them and they said sorry their client must sign off invoice otherwise they cant pay him. The labour law st...

Anonymous

I would like to know if it is legaly possible to resign while on maternity leave and if not what steps could the employer take against the person not returning after maternity leave. Thank you

Anonymous

Good day, Please could you advise me on the following. I am 10 weeks pregnant and my employer has already been informed. Last year I took on another department, however this year in an email the manager said he would not be inclined to give me a pay raise for the incresed duties and would wait till I com...

Anonymous

Good day. Need some information or advice or direction... Company I am working for is busy with section 189 retrenchments. This started a while ago and have consulted with unions. They also offered Voluntary packages and that process is completed. They are now done with the restructure and due to...

Employee

Am I entitled to claim UIF if I retire to tide me over until my government pension kicks in?

Anonymous

Im a security guard working as a control room operator which suppose to get paid for grade C but get paid for Grade D anyways.. I urgently need advice please. I just got aa letter from work of a notice of incapacity enquiry : ill health ..now i have a disciplinary hearing in 3 days. It all started when they w...

Anonymous

I would like to know if it is fair labour practice to expect from your employees to take more annual leave over the shut down period then what the company is given.Scenario is as follows: Employer wants us to close on the 30th November and open around the 7th or 14th January. Now my concern is that we only g...

Anonymous

Hi There, I am in desperate need if sime advice. It is a rather long story so I do appreciate your time. Here goes. I was employed by a company at the end of January this year. I worked for three months without a contract as my employer wanted to make sure I was able to do the required job, as he had been 'd...

Mark Mollentze

Hi Labour Protect team and readers i have a question that i cant seem to get answers on: Our employer (ISP, Climbing of towers, installing equipment on sometimes 100m) NO OHS at all, no appointments not risk assessments , no fall protection plans , no PPE (some harnesses but not enough), no fire fight...

Anonymous

I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...

Anonymous

I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...

Anonymous

Good day, I would like to know , how long must you wait for an outcome at a disciplinary hearing

Anonymous

Hi, I had a disciplinary hearing today and was found guilty of unauthorised absence as well as submitting a fraudulent dr's note. I however suffer from a drug problem which has been getting worse resulting in my regular absence from work and subsequent hearing. I'm afraid of approaching my employer...

Angie

I was employed from March to October as admin at a Real Estate Company and during this time my contract states that with all successful sales I am to receive an incentive on the transfer of the property. I have resigned and there are a number of properties that have not transferred yet am I still entitled...

Anonymous

There has been no investigation & no charges relating to alleged theft in our office. We have not been told exactly what's gone & when the alleged offense occurred. Security has been looking through camera footage, but is yet to find anything. Staff has been told that we will all be doing poly...

Anonymous

My husband has worked for the company for 12 years. We have only now discovered that by the end of this month, 14 months of his provident fund has not been paid. This includes the amount that is deducted from his salary on a monthly basis as well as there portion (as per his contract agreement). Neithe...

Anonymous

I shoot by mistake when i was o duty at work then i was given a final warning without a written warning after that they booked me for a hearing can i be dismissed

Anonymous

Is there any basic employment law governing subsistence travel? If employee is sent out the Sunday Returns the Thursday 1. Are there any days which are due the person in terms of recoup entry or family day. 2. Company pays food and accommodation in host country so would any other money be due to sta...

Anonymous

There is a new manager at my workplace and he says we are working less than the required hours a week. I clock in at 6:30 and clock out at 16:00 from Monday to Thursday then on Friday I clock out at 14:00. I want to know if I am robbing the company or not. And with the working hours does that mean at 06:30 I should...

Anonymous

Good day, please advise if warnings may be given based on the tone of a text message. To my understanding the tone of a msg is perceived, I standard professional msg provide basic info. If person reads it as toned wrong its their perception? Can a warning be issued for this?

Anonymous

My employer has not submitted a UI19 to the department to inform them of my retrenchment. I was unaware until the agency I employed to handle the UIF claim for me informed me that the department has no record of my retrenchment. My time is now up as it has been six months (thats how long this has been going o...

Anonymous

Issue: In 2008 the then SGB Body took an SGB employee earning let's say R8000 and moved this employee to a GDE post which was only paying R5000.00 with the agreement that the SGB would top up the balance of R3000.00. This lady has been under this arrangement until 2017 when it was discovered that this i...

Anonymous

I would like to know if i go on early pension will uif deduct an amount from my pension fund

Missy786

I requested a trAnsfer from Dbn to Jhb in 2015, the company assisted and found me the same position in management in Jhb. Recently my husband got a promotion and it is in Dbn. I requested a transfer back to Dbn but within the 3 years in Jhb, I was promoted 2 times and my salary increased. The company has acce...

Anonymous

Good day How does lunch break work for drivers and their assistants in the truck ? Flexi lunch ?

Unhappy

I work in the hospitality industry and myself and other staff are working many more hours than the maximum stipulated by law. We do net get paid overtime or Sunday time and we cannot describe the overtime as being "agreed upon". We are suppose to get days off for more hours worked, but it d...

Anonymous

Good day,We need some advice please.My wife is leaving her current job after being with the company on a permanent basis for 6 months.She attended a short training course which the company paid for and now deducted the full amount from her final paycheck.They do not have a clause in her contract makin...

Anonymous

Good day, We need some advice please. My wife is leaving her current job after being with the company on a permanent basis for 6 months. She attended a short training course which the company paid for and now deducted the full amount from her final paycheck. They do not have a clause in her contract makin...

Anonymous

Some advise please. My husband worked for a company for two and a half months. He got sick and was booked off by a doctor for three days. When he returned to work he was told no work today. He went home and after several attempts got hold of the boss who told him to come and see him with his certificate. H...

Anonymous

I was on leave for six days, I was advised by my manager to log the leave 5min before end of shift. I did that in a hurry but logged only for 5 days. My leave was from the 1st of August 2018 to the 8th of August 2018.I was suppose to be back the Friday the 10th August 2018. I was suppose to have worked the Satu...

Topic		Started By	Replies	Views	Last Post

	Labour broker not paying my salary after my contract ended (Preview) Its been 7 days after i worked my last notice day and the labour broker says i must wait till month end for my salary. I have since gotten a job offer and they promised my salary 4 days ago. Today i phoned them and they said sorry their client must sign off invoice otherwise they cant pay him. The labour law st...	Anonymous	1	472	Apr 24, 2019 by LABOUR PROTECT
	RESIGNATION ON MATERNITY LEAVE (Preview) I would like to know if it is legaly possible to resign while on maternity leave and if not what steps could the employer take against the person not returning after maternity leave. Thank you	Anonymous	22	19809	Mar 7, 2019 by Anonymous
	Annual leave and pregnancy discrimination (Preview) Good day, Please could you advise me on the following. I am 10 weeks pregnant and my employer has already been informed. Last year I took on another department, however this year in an email the manager said he would not be inclined to give me a pay raise for the incresed duties and would wait till I com...	Anonymous	0	553	Feb 19, 2019 by Anonymous
	Restructuring/Section 189/apply for other Positions (Preview) Good day. Need some information or advice or direction... Company I am working for is busy with section 189 retrenchments. This started a while ago and have consulted with unions. They also offered Voluntary packages and that process is completed. They are now done with the restructure and due to...	Anonymous	0	583	Feb 3, 2019 by Anonymous
	Retirement & UIF (Preview) Am I entitled to claim UIF if I retire to tide me over until my government pension kicks in?	Employee	28	22810	Feb 2, 2019 by Anonymous
	URGENT PLEASE HELP! Notice of Incapacity enquiry ill health (Preview) Im a security guard working as a control room operator which suppose to get paid for grade C but get paid for Grade D anyways.. I urgently need advice please. I just got aa letter from work of a notice of incapacity enquiry : ill health ..now i have a disciplinary hearing in 3 days. It all started when they w...	Anonymous	2	1022	Dec 4, 2018 by Labour Protect
	Annual leave and shutdown period (Preview) I would like to know if it is fair labour practice to expect from your employees to take more annual leave over the shut down period then what the company is given.Scenario is as follows: Employer wants us to close on the 30th November and open around the 7th or 14th January. Now my concern is that we only g...	Anonymous	1	746	Dec 4, 2018 by LP
	Please Help!!! (Preview) Hi There, I am in desperate need if sime advice. It is a rather long story so I do appreciate your time. Here goes. I was employed by a company at the end of January this year. I worked for three months without a contract as my employer wanted to make sure I was able to do the required job, as he had been 'd...	Anonymous	2	1067	Dec 4, 2018 by LP
	Tools of the trade (definition) and performance in the work place without the required tools (Preview) Hi Labour Protect team and readers i have a question that i cant seem to get answers on: Our employer (ISP, Climbing of towers, installing equipment on sometimes 100m) NO OHS at all, no appointments not risk assessments , no fall protection plans , no PPE (some harnesses but not enough), no fire fight...	Mark Mollentze	2	700	Nov 22, 2018 by Mark Mollentze
	Unfair Dismissal (Preview) I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...	Anonymous	1	701	Nov 21, 2018 by Anonymous
	Unfair Dismissal (Preview) I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...	Anonymous	1	627	Nov 21, 2018 by LABOUR PROTECT
	Disciplinary hearing (Preview) Good day, I would like to know , how long must you wait for an outcome at a disciplinary hearing	Anonymous	1	676	Nov 5, 2018 by LABOUR PROTECT
	Substance abuse and dismissal (Preview) Hi, I had a disciplinary hearing today and was found guilty of unauthorised absence as well as submitting a fraudulent dr's note. I however suffer from a drug problem which has been getting worse resulting in my regular absence from work and subsequent hearing. I'm afraid of approaching my employer...	Anonymous	1	678	Nov 2, 2018 by Labour Protect
	Incentives and resignation (Preview) I was employed from March to October as admin at a Real Estate Company and during this time my contract states that with all successful sales I am to receive an incentive on the transfer of the property. I have resigned and there are a number of properties that have not transferred yet am I still entitled...	Angie	1	660	Nov 2, 2018 by Labour Protect
	Polygraph - Urgent (Preview) There has been no investigation & no charges relating to alleged theft in our office. We have not been told exactly what's gone & when the alleged offense occurred. Security has been looking through camera footage, but is yet to find anything. Staff has been told that we will all be doing poly...	Anonymous	2	971	Oct 24, 2018 by Anonymous
	Provident fund not paid (Preview) My husband has worked for the company for 12 years. We have only now discovered that by the end of this month, 14 months of his provident fund has not been paid. This includes the amount that is deducted from his salary on a monthly basis as well as there portion (as per his contract agreement). Neithe...	Anonymous	1	802	Oct 19, 2018 by LABOUR PROTECT
	Dismissal (Preview) I shoot by mistake when i was o duty at work then i was given a final warning without a written warning after that they booked me for a hearing can i be dismissed	Anonymous	1	789	Oct 19, 2018 by LABOUR PROTECT
	Subsistence travel leave and pay? (Preview) Is there any basic employment law governing subsistence travel? If employee is sent out the Sunday Returns the Thursday 1. Are there any days which are due the person in terms of recoup entry or family day. 2. Company pays food and accommodation in host country so would any other money be due to sta...	Anonymous	1	702	Oct 19, 2018 by LABOUR PROTECT
	working hours (Preview) There is a new manager at my workplace and he says we are working less than the required hours a week. I clock in at 6:30 and clock out at 16:00 from Monday to Thursday then on Friday I clock out at 14:00. I want to know if I am robbing the company or not. And with the working hours does that mean at 06:30 I should...	Anonymous	1	656	Oct 19, 2018 by LABOUR PROTECT
	Warnings for tone in messages or writing style (Preview) Good day, please advise if warnings may be given based on the tone of a text message. To my understanding the tone of a msg is perceived, I standard professional msg provide basic info. If person reads it as toned wrong its their perception? Can a warning be issued for this?	Anonymous	1	597	Oct 19, 2018 by LABOUR PROTECT
	Retrenchment - UI19 (Preview) My employer has not submitted a UI19 to the department to inform them of my retrenchment. I was unaware until the agency I employed to handle the UIF claim for me informed me that the department has no record of my retrenchment. My time is now up as it has been six months (thats how long this has been going o...	Anonymous	0	665	Oct 12, 2018 by Anonymous
	Section 38 (a) Education (Preview) Issue: In 2008 the then SGB Body took an SGB employee earning let's say R8000 and moved this employee to a GDE post which was only paying R5000.00 with the agreement that the SGB would top up the balance of R3000.00. This lady has been under this arrangement until 2017 when it was discovered that this i...	Anonymous	0	688	Sep 19, 2018 by Anonymous
	Pension and uif (Preview) I would like to know if i go on early pension will uif deduct an amount from my pension fund	Anonymous	0	760	Sep 10, 2018 by Anonymous
	Transfer request (Preview) I requested a trAnsfer from Dbn to Jhb in 2015, the company assisted and found me the same position in management in Jhb. Recently my husband got a promotion and it is in Dbn. I requested a transfer back to Dbn but within the 3 years in Jhb, I was promoted 2 times and my salary increased. The company has acce...	Missy786	0	730	Sep 9, 2018 by Missy786
	Drivers and Drivers assistance lunch break (Preview) Good day How does lunch break work for drivers and their assistants in the truck ? Flexi lunch ?	Anonymous	0	727	Sep 7, 2018 by Anonymous
	Working hours hospitality industry (Preview) I work in the hospitality industry and myself and other staff are working many more hours than the maximum stipulated by law. We do net get paid overtime or Sunday time and we cannot describe the overtime as being "agreed upon". We are suppose to get days off for more hours worked, but it d...	Unhappy	15	13796	Sep 2, 2018 by Anonymous
	Very Urgent!!! (Preview) Good day,We need some advice please.My wife is leaving her current job after being with the company on a permanent basis for 6 months.She attended a short training course which the company paid for and now deducted the full amount from her final paycheck.They do not have a clause in her contract makin...	Anonymous	0	822	Aug 29, 2018 by Anonymous
	Training Deduction (Preview) Good day, We need some advice please. My wife is leaving her current job after being with the company on a permanent basis for 6 months. She attended a short training course which the company paid for and now deducted the full amount from her final paycheck. They do not have a clause in her contract makin...	Anonymous	0	774	Aug 29, 2018 by Anonymous
	CCMA Award not being paid by company even after CCMA process completed (Preview) Some advise please. My husband worked for a company for two and a half months. He got sick and was booked off by a doctor for three days. When he returned to work he was told no work today. He went home and after several attempts got hold of the boss who told him to come and see him with his certificate. H...	Anonymous	0	855	Aug 23, 2018 by Anonymous
	Final Written Warning (Preview) I was on leave for six days, I was advised by my manager to log the leave 5min before end of shift. I did that in a hurry but logged only for 5 days. My leave was from the 1st of August 2018 to the 8th of August 2018.I was suppose to be back the Friday the 10th August 2018. I was suppose to have worked the Satu...	Anonymous	0	768	Aug 17, 2018 by Anonymous
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