South African Labour Law Questions & Answers

Specialist Labour Law Answers for South African Employers

Managing employees can be one of the most challenging aspects of running a business. From disciplinary hearings and dismissals to employment contracts, leave entitlements and CCMA disputes, South African labour legislation places important responsibilities on every employer.

The COFESA Labour Law Questions & Answers Centre has been created to provide employers, business owners, HR professionals and managers with reliable, practical information on a wide range of workplace issues. Our goal is to help employers understand their legal obligations, reduce the risk of costly disputes and make informed decisions with confidence.

Whether you’re looking for guidance on the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA), the Employment Equity Act (EEA), the Occupational Health and Safety Act (OHSA) or other employment legislation, you’ll find answers to many of the questions South African employers ask every day.

Click on any question below & you will be directed to more detail on the question:

  1. What should be included in an employment contract?

  2. Can I dismiss an employee for absenteeism in South Africa?

  3. Can I dismiss an employee during probation?

  4. Employee Exit Documents: What documents do I need to complete when an employee leaves?

  5. Can an employee resign without notice in South Africa?

  6. What are the legal working hours under the BCEA?

  7. How much annual leave is an employee entitled to in South Africa?

  8. What is the difference between misconduct and poor work performance?

  9. How do I prepare for a CCMA hearing as an employer?

  10. What documents should every employer have?

  11. Can an employee refuse to work overtime?

  12. How do retrenchments work in South Africa?

  13. What is constructive dismissal?

  14. How do I issue a written warning correctly?

  15. Can an employee be dismissed without a disciplinary hearing?

  16. What are an employer’s obligations under the Employment Equity Act?

  17. What health and safety requirements must employers comply with?

  18. What is the difference between a fixed-term contract and permanent employment?

  19. Can I deduct money from an employee’s salary?

  20. What should be included in an employment contract?

  21. What are the most common mistakes employers make at the CCMA?

NEED ADVICE SPECIFIC TO YOUR SITATION?

Every workplace matter is different.

Contact COFESA’s labour law specialists on 011 679 4373 or info@cofesa.co.za, or become a member to receive ongoing labour law advice, representation and compliance support.

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The information provided in this Labour Law Questions & Answers Centre is intended for general informational purposes only and should not be regarded as legal advice, legal opinion, or a substitute for professional labour law consultation. While COFESA takes every reasonable step to ensure that the information published is accurate and up to date at the time of publication, South African labour legislation, case law, regulations and workplace circumstances may change over time.

Every employment matter is unique, and the appropriate course of action will depend on the specific facts, applicable legislation and relevant case law. Employers should avoid making disciplinary, dismissal, retrenchment or other employment decisions based solely on the information contained in these articles.

COFESA accepts no liability for any loss, damage or consequences arising from reliance on the information published on our website without obtaining professional advice.

If you require guidance on a specific workplace matter, disciplinary hearing, dismissal, CCMA dispute, Employment Equity compliance, Occupational Health and Safety obligations or any other labour law issue, we recommend contacting COFESA directly for advice tailored to your circumstances.