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LABOUR LAW ATTORNEYS IN RANDBURG
The Labor Department is responsible for the administration and enforcement of The Labor Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA) and the Occupational Health and Safety Act (OHSA). The LRA gives effect to the right to freedom of association, while the BCEA, EEA and OHSA provide employees with protection in the workplace.
Labor lawyers are important in ensuring that employers comply with The Labor Relations Act, as well as with other labor-related statutes. They can provide guidance on drafting employment agreements, as well as on code of conduct and disciplinary procedures. They can also represent employees or employers in unfair labor practice disputes, or in Employment and Disciplinary Hearings.
What does Labour Law entail in South Africa
South Africa has a complex labor law landscape that can be difficult to navigate for both employees and employers. In this post, we will outline the key aspects of labor law in South Africa and what you need to know as an employee or employer.
The Labor Relations Act (LRA) is the main piece of legislation that deals with labor law in South Africa. The LRA sets out the code of conduct that employers and employees must adhere to, as well as the process for dispute resolution through the CCMA and bargaining councils.
One of the most important aspects of labor law is employment contracts. All employees must have a written employment contract, which sets out the terms and conditions of employment. The contract can be for a fixed or indefinite period of time, and it can be terminated by either party with notice.
Employers are prohibited from dismissing employees unfairly, and there are a number of unfair labor practices that constitute dismissal. Employees who have been dismissed unfairly may lodge a claim with the
Labour Law Practise Areas:
Employer and Disciplinary Hearings
Otrebski Attorneys can assist the employer with drafting the notice of disciplinary hearing, attending to the employer’s trial bundle of evidence.We have extensive experience in chairing disciplinary hearings which are substantively and procedurally fair.
If the employee is found guilty, we can attend to a detailed ruling, and report.
Moreover, we will ensure that the employees have enough details of the charge and supportive evidence to enable them to defend themselves. It is worth noting that employees are not always entitled to legal representation at disciplinary hearings, however, we will help you to make a case for it.
Unfair Labour Practices
Unfair labor practices in South Africa continue to be an issue for companies and employees alike. As the current law stands, employees are expected to follow their employers’ procedures when it comes to unfair practices. Moreover, many employees do not know about their rights or how to take action against such instances.
At Otrebski Attorneys, our team of experienced legal professionals provide advice and guidance on unfair labor practices in South Africa. We can help by setting up a bargaining counsel with your employer, assisting you in filing a case with the CCMA and providing representation at the Labor Court.
For all your queries regarding unfair labor practices in South Africa, get in touch with us today! Our team is here to ensure you receive the legal services you need and deserve.
Code of conduct
It is important that companies have a code of conduct in place that deals with duties of the employee, e-mail policy, sexual harassment, unlawful discrimination, leave, termination in the event of misconduct, incapacity or retrenchment.
At Otrebski Attorneys, we can assist in drafting your code of code.
A company’s code of conduct is a critical document that outlines the expectations and duties of its employees. It should be made clear to all employees, in writing, what is expected of them both in the workplace and outside of it.
In addition to specifying expectations, a code of conduct can also help to protect a company from legal trouble. For example, if an employee is accused of sexual harassment, the code of conduct could be used as evidence to show that the company had a policy against such behavior.
A company’s email policy should be included as part of its code of conduct. Employees should be made aware that their communications, both work-related and personal, may be monitored. Additionally, employees should be given instructions on how to handle sensitive information (e.g., HR information, client lists, etc.) when they leave the company.
A company’s code of conduct is an important way to ensure that all employees are held to the same high standards