Employment - Solved

Employment - Solved

Labour Law Experts are ready to resolve your Employment Conflict.
Offices in the Western Cape and Gauteng.

Labour Law Experts are ready to resolve your Employment Conflict.
Offices in the Western Cape and Gauteng.
Labour law consultants offer expert law assistance at LabourExcel

LE Consult Group’s flagship department is experienced Labour Law consulting specialists who take the headaches out of all labour-related matters, including expertly outsourced human resources management & CCMA matters. We are able to assist both Employees and Employers with all matters relating to employment.

 
 
 
 
 
 

Services On Offer

Our 10+ years of in-depth experience across 20+ industries have equipped us to offer turnkey labour law solutions. We pride ourselves on offering services that are practical, effective, and specific to meet the unique needs of every client. Suiting your budget and exceeding your expectations.

Labour Services for Employers

Ensure your workplace is legally compliant with a thorough review of your labour law practices and policies.

Create clear, legally binding employment contracts tailored to your business needs which are compliant with the Basic Conditions of Employment and Labour Relations Act.

Develop and implement effective workplace policies to maintain compliance and streamline operations.

Expert guidance on conducting fair, compliant, and effective disciplinary hearings.

Professional support for managing retrenchments with compassion and legal compliance.

Resolve workplace disputes effectively with expert CCMA guidance and dispute resolution services.

Have Questions on Labour Law in South Africa?

Our labour law service Cape Town also includes employee assistance

Labour Services for Employees

Get expert guidance on your workplace rights and legal protections as an employee.

Ensure your employment contract is fair and aligns with labour laws before you sign.

Resolve salary disagreements with professional advice and representation.

Navigate workplace disputes confidently with tailored legal support.

Challenge unfair dismissals with expert legal assistance to protect your rights.

Receive step-by-step support for your CCMA case to achieve a fair outcome.

Meet Your Experts

We have no shortage of highly skilled and experienced experts, ready to Solve Your employment queries.

 
 
 

Western Cape

Meet the friendly faces behind the Western Cape Offices:

Gauteng

Meet the friendly faces behind the Gauteng Offices:

Career/Franchise Opportunity

We partner with HR/Labour Law professionals, wanting to start their own business, to operate as Principal Partner, a local branch of LabourExcel and benefit from an established brand in the process. 

 
 

Client Stories

Our Experts in Labour Law don’t only talk the talk, but walk the walk. Delivering 5 star results in the process.

 
 

Visit our Labour Law Blog

Want to improve your knowledge of labour law in South Africa?

Review the resources in our blog (updated frequently).

Frequently Asked Labour Law Questions

A labour law specialist plays a pivotal role in advising and representing clients on matters related to employment and labour laws.

This professional ensures that businesses comply with relevant legislation, including the Labour Relations Act, Basic Conditions of Employment Act, and other employment-related laws.

Their responsibilities include drafting employment contracts, handling disputes related to unfair dismissals, workplace harassment, discrimination, and representing clients in labour courts. Essentially, they safeguard both employers’ and employees’ rights, ensuring a fair and legal work environment.

Labour relations cover the relationship between employers, employees, and the regulatory bodies governing the workplace.

It encompasses everything from collective bargaining, workplace negotiations, handling grievances, and ensuring compliance with employment laws.

Labour relations also deal with the dynamics between unions and management, focusing on fostering a cooperative relationship that promotes a healthy and productive work environment.

A labour relations consultant is an expert who provides guidance to organisations on managing their relationships with employees and trade unions.

Their role involves advising on best practices for maintaining harmonious labour relations, assisting in collective bargaining negotiations, and resolving disputes between employers and employees.

These consultants also help in developing policies that comply with labour laws and improve employee relations, contributing to a stable and effective workplace.

The four cornerstone labour laws in South Africa are:

  • Labour Relations Act (LRA): This Act governs the relationship between employers and employees, covering aspects such as dispute resolution, collective bargaining, and protections against unfair labour practices.

  • Basic Conditions of Employment Act (BCEA): The BCEA sets out the minimum employment standards, including working hours, leave entitlements, and other essential employment conditions.

  • Employment Equity Act (EEA): The EEA aims to promote equal opportunity and fair treatment in employment by eliminating unfair discrimination and implementing affirmative action measures.

  • Occupational Health and Safety Act (OHSA): The OHSA is designed to ensure a safe and healthy working environment by setting out the duties of employers to maintain workplace safety.

These laws collectively shape the framework of labour relations in South Africa, ensuring that both employers and employees operate within a fair and regulated environment.

In South Africa, employees are entitled to several fundamental rights, including:

  • The right to fair labour practices: Every employee is entitled to be treated fairly in the workplace, in accordance with the Labour Relations Act.
  • The right to remuneration: Employees must be compensated for the work they perform, in line with the agreed terms of their employment contract.
  • The right to a safe and healthy work environment: Employers are obligated to provide a workplace that adheres to safety regulations, as outlined in the Occupational Health and Safety Act.
  • The right to reasonable working hours and rest periods: The Basic Conditions of Employment Act ensures that employees have regulated working hours and are entitled to adequate rest.
  • The right to leave: Employees have the right to various types of leave, including annual leave, sick leave, and maternity leave, among others.
  • The right to freedom of association: Employees are free to join trade unions and participate in collective bargaining without fear of discrimination or reprisal.

These rights collectively aim to protect and empower employees, fostering a fair and balanced working environment.

In South Africa, the Labour Relations Act (LRA) provides comprehensive protection for both employers and employees. The LRA regulates workplace relationships, dispute resolution processes, and safeguards rights such as freedom of association and collective bargaining, ensuring a balanced and fair working environment for all parties involved.

Yes, it is illegal to pay employees late in South Africa. The Basic Conditions of Employment Act (BCEA) mandates that employees must be paid within seven days after the end of the agreed pay period.

For example, if the normal payday is the 25th of each month, the employer must ensure that payment is made by no later than the 2nd of the following month.

If the employer fails to pay within this 7-day grace period, the employee has the right to lodge a dispute with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or the Department of Labour.

Such a failure constitutes a breach of the Act and can lead to legal action against the employer.

If you haven’t been paid, you are generally still obligated to attend work unless there is a legal strike or a specific agreement in place that permits you to stay away. However, it is crucial to immediately address the non-payment issue with your employer.

If the issue is not resolved, seeking legal advice or assistance from the CCMA or Department of Labour may be necessary to protect your rights.

Your salary must be paid according to the terms specified in your employment contract, typically on a designated day each month.

The Basic Conditions of Employment Act (BCEA) further stipulates that employers must pay employees within seven days after the end of the agreed payment period. For example, if your payday is the 25th of each month, your employer is required to ensure payment is made by the 2nd of the following month at the latest.

If your employer fails to pay you:

  • Raise the issue directly with your employer: Start by discussing the matter with your employer to resolve the issue informally.
  • Lodge a formal complaint: If the issue remains unresolved, you can file a complaint with the Department of Labour or refer the matter to the Commission for Conciliation, Mediation, and Arbitration (CCMA).

To initiate a complaint with the CCMA:

  • Complete a referral form (Form 7.11): This form is necessary to begin the process.
  • Submit the form: Ensure you submit it to the CCMA within 30 days of the dispute arising, or within 90 days if the dispute involves dismissal.
  • Attend a conciliation meeting: The CCMA will schedule a conciliation meeting where both parties can attempt to resolve the dispute amicably.

Have More Questions on Labour Law?

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