No, if an employee voluntarily resigns from an employer, they cannot claim for UIF benefits. Similarly, the employee cannot claim UIF Benefits if they have absconded/deserted from work or suspended. When an employer terminates an employees' services that employee can claim by applying to the Unemployment Insurance Fund (UIF). Provided there had been contributions made to the UIF while working/employed. To find out how SEESA can help your business, visit our website for more:...

In the normal sphere of the law, a business needs to start retrenchment proceedings if there are financial difficulties and there is no other way of getting around it. If a business is liquidated, the retrenchment process isn’t always followed. Section 38 of the Insolvency Act, as amended, is our primary legislation in dealing with employees during a liquidation procedure. Step 1: Suspension In a sequestration process, the employees’ contracts of employment are suspended. This is not the same,...

In terms of Section 23 of the South African Constitution, the right to strike is unrestricted. Like any right in the Constitution, the right to strike is however not an absolute right. Section 36 of the Constitution allows the right to strike to be limited in terms of the law of general application. Such a limitation should, however, be reasonable. With regards to labour disputes, substantive limitations prohibit strikes in certain circumstances. Section 213 of the Labour Relations Act (LRA)...