Even if things are going smoothly now, you could be faced with a situation in the future where you’re involved in a nasty labour dispute. Knowing your rights as an employee can help you to be more informed - especially if you need to use a lawyer to resolve the situation.
What are my fundamental rights as an employee?
There are several basic and fundamental rights you’re entitled to under South African labour law. These include things like receiving a written payslip, working in a healthy and safe environment, being protected from sexual harassment, and not being forced to have an HIV test unless the Labour Court says you need to have one.
If the company you’re working for denies you any of these rights, having a lawyer on your side can help you deal with a potentially stressful situation much more efficiently.
I work like a Trojan! What about the hours I work?
Life’s about balance. The South African labour law agrees, which is why they lay out some very strict rights so that you’re not working an unhealthy number of hours or days in a row.
Specifically, if you earn less than R171 000 a year, you have a right to:
- work a maximum of 45 hours a week, or 9 hours a day.
- work overtime of no more than 10 hours a week.
- take a 60-minute break after 5 hours of work.
What about time off?
Employers should make allowances for you to take time to recharge – whether that means lazing on a beach in Durbs or on a lounger on your patio. They should also allow you to regroup if certain events happen in your life.
With this in mind, you have the right to:
- annual leave of 21 days a year or 1 day for every 17 days worked.
- sick leave of 6 working weeks over a 36-month period.
- maternity leave of at least 4 months, although there’s no obligation for your employer to pay you over this time.
- family responsibility leave of 3 days over a year for things like births and deaths in the family.
Stay on the career ladder
Being involved in a labour dispute can easily result in you falling back down the career ladder again – and, at worst, losing your job altogether. Knowing your rights as an employee will help you to know what you are and aren't entitled to do should something go wrong. Then, with a lawyer on your side, you’re more likely to get back to your happy place in your career as quickly as possible and continue that journey upwards.
Get more information on legal insurance through The Hollard Legal Plan.
The Hollard Insurance Company. Ltd (Reg No 1952/003004/06) is an authorised Financial Services Provider.
