A:

Reference to a “domestic worker” includes housekeepers / domestic helpers, gardeners, nannies / care-givers and domestic drivers. These employees are protected under the Basic Conditions of Employment Act as well as Sectoral Determination Seven – Domestic Worker Sector. You are required to employ them using a written Domestic Worker’s Agreement, and pay them at or above the minimum legal wage. Read More.....

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A:

A domestic worker’s employment conditions must comply with Sectoral Determination Seven – Domestic Worker’s Sector. This requires that the following information is given to the domestic worker when you employ him or her as a housekeeper, gardener etc.

  1. The full name and address of the employer
  2. The name and occupation of the domestic worker, or a brief description of the work for which s/he is employed
  3. The place of work, and where s/he is required or permitted to work
  4. Date of employment
  5. The domestic worker’s ordinary hours of work and days of work
  6. The domestic worker’s wage or rate and method of payment
  7. The rate of pay for overtime work
  8. Any other cash payments s/he is entitled to
  9. Any payment in kind s/he is entitled to and the value of payment in kind
  10. How frequently wages will be paid
  11. Any deductions to be made from wages
  12. The leave s/he is entitled to
  13. The period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate

You can record this information in a written Domestic Worker’s Contract.

Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements. Read More.....

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The landlord, being the owner of the property, is legally obligated to follow the home owner association rules and codes of conduct. When the tenant enters a lease agreement with the owner the tenant becomes contractually bound to the landlord. But there is no written legal contract between the tenant and the Homeowners Association… so the tenant is not bound to or obliged to follow the home owner association rules and codes of conduct, right? Wrong. Read More.....

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A:

In terms of section 29(4) of the Basic Conditions of Employment Act, 1997, you need to keep the employment contract for a period of three years after the employee’s termination of employment.

Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements. Read More.....

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As you may have heard, a small bombshell has hit the property market. Simply put: the Supreme Court of Appeal has ruled that the current owner of a property can be held liable for all unpaid rates, taxes and utilities incurred on the property over the preceding 30 years.

Here’s the low-down on this court decision:

In 2013 Mr Mitchell bought a property at an auction. When he contacted the municipality he was told that the outstanding municipal fees and taxes came to a little over R230k. This was the total amount outstanding, including debts older than two years. After some negotiation the municipality agreed to issue a clearance certificate if Mr Mitchell paid the amount incurred over the preceding two-year period, totaling a little over R126k. Mr Mitchell paid this amount, and as far as he was concerned, this matter was now settled. In due course the property was transferred to Mr Mitchell. Read More.....

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The year: 2015

The event: State of the Nation Address

The issue: Use of jamming devices by Parliament

The reason: Preventing the South African public from witnessing the spectacle that was about to unfold

The 2015 SONA will go down as one of the most interesting, and disturbing in living memory. Can you remember what President Zuma said in his address? Nope? Me neither. Can you remember what went down that day? Yup. That was the day that the Economic Freedom Fighters were forcibly removed from the National Assembly for disrupting the proceedings. But an equally troubling issue transpired just before that, when it came to light that a jamming device had been deployed. Using a modus operandi that bore frightening similarities to the methods deployed by the pre-1994 Nationalist government, the ANC-led Parliament planned to a) use force and brutality to gain acquiescence; and b) use technology to ensure the South African public didn’t witness all the gory details. Read More.....

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A:

When you’re appointing a new staff member the following documents may be considered:

Feel free to browse our Employment Documents for more employment document templates.

Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements. Read More.....

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Around about 31 December 2015 many a small business owner found themselves on the receiving end of a barrage of mails from consultants and service providers warning them about the Promotion of Access to Information Act and the requirement to lodge a Section 51 Manual. But you needn’t worry yourself too much over their scare-mongering.

Yes, section 51(1) of the Promotion of Access to Information Act provides an obligation on businesses to compile their Information Manuals and lodge them with the Human Rights Commission. But certain businesses were given an extension on the deadline. And when that deadline came about, they were given another extension. And then another… Read More.....

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A:

When a person is illiterate, s/he can “mark” a document, eg with an “X” or a fingerprint, and South African law recognises this as being his/her signature. But make sure that the terms of the agreement are clearly explained before requiring him/her to mark the contract of employment. Section 29 (3) of the Basic Conditions of Employment Act provides that if an employee is not able to understand the particulars of employment, it is the employer’s duty to ensure that these particulars are explained to the employee in a language and in a manner that the employee understands. Read More.....

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DID YOU KNOW: where a fixed-term contract worker earns below R 205 433.30 per year (as at date of writing), s/he may only be employed on a fixed-term for longer than three months if the work is of a limited or definite duration or the employer can illustrate any other justifiable reason.

DID YOU KNOW: an offer to employ a person on a fixed term contract or to renew or extend a fixed term contract must be in writing and state the reasons why work is of a limited or definite duration, or the employer must be able to illustrate any other justifiable reason. Read More.....

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