FAQ – What Happens To Employees When A Business Goes Bankrupt
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,...
Did You Know? – SEESA Skills Training Offers Webinar Training Courses As Well As Classroom Training?
Amidst the current COVID-19 pandemic, we have introduced several webinar courses which promise to empower and educate learners while minimising health risks. Due to companies needing to comply with Health and Safety regulations, SEESA has commenced classroom training from the 19th of October 2020 for the following courses: • First Aid Level 1 • Basic Fire Fighting • Occupational Health & Safety Please take note SEESA follows all Health and Safety protocols in terms of COVID-19 regulations....
The POPI Act has commenced, is your business ready?
On the 1st of July 2020, some further sections of the POPI Act (Protection of Personal Information Act No. 4 of 2013) came into operation. The practical implication for businesses is that they should be compliant with these further sections by 30 June 2021. To find out how SEESA can help your business visit our website for more: https://bit.ly/2GXk0my "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you! #TeamSEESA
Is A Traditional Healer Certificate Valid In South African Law?
This has been a controversial issue for years, and yet the controversy continues. In May 2014 and September 2018 proclamations were made giving effect to provisions of the Traditional Health Practitioners Act 22 of 2007 (THPA). One of the more crucial provisions was the establishment of the Traditional Health Practitioners Council. The Purpose of the council was to regulate the practice. The are many challenges to ensure that all Traditional Practitioners comply with a number of criteria such...
Episode 52: Warnings And The Repercussions For Non-disclosure In Terms Of The Consumer Protection Act
SEESA Consumer Protection Legal Advisors, Jano Fourie and Mariam Allie discuss the legal requirements relating to the disclosure of material information by a supplier. They further address the possible consequences faced by the supplier resulting from the failure to adequately instruct or warn consumers, as well as the remedies available in terms of the Consumer Protection Act. Click play to listen to our podcast! Should you require further assistance or consumer-related advice, please contact...
The Consumer’s Flexibility Towards Fixed Term Contracts
With the South African Government trying to combat the spread of COVID-19, fitness centres (and similar businesses) were forced to keep their doors shut. During the pandemic, most consumers were able to save on gym membership fees that were not subtracted from the consumer’s account and have even considered cancelling their subscription/membership due to factors such as job losses, salary deductions or merely because the service or membership has become redundant. Section 14 of the...
Did You Know? – You Can Manage Your Workforce From a Single Page on ProFile Web.
Introducing the ProFile Employee Page. Your complete HR&IR solution all on one page - managing your workforce has never been this easy. Take your business to the next level with ProFile! https://bit.ly/3hgYs19
FAQ – What is the correct procedure during a strike?
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)...
How to legally dismiss an employee?
We often get requests from businesses to assist with dismissing employees immediately. It is however not that simple. There are only three grounds in terms of which the termination of employment will be legitimate. In today's podcast, SEESA Legal Advisors, Carla Theron and Stefan Tickner discuss the requirements and the procedures to follow for a dismissal to be fair. To find out how SEESA Labour can help your business, visit our website for more: https://bit.ly/2FLPuv0
Did You Know? – The Consumer’s Flexibility Towards Fixed Term Agreements
Upon cancellation of a consumer agreement, the consumer remains liable to the supplier for any amounts owed to the supplier and the supplier may impose a reasonable cancellation penalty. To find out how SEESA can help your business, visit our website for more: https://bit.ly/3p8OLGv