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Advisory

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Advisory

The members of the EFC have access to exclusive personalised consultations, advice and guidance on Employment Law, Industrial Relations and Human Resource Management through our specialised and highly skilled professional staff. The annual subscription allows members to access premium advisory services that include;

Consultation and written legal opinion on employment, labor laws, employee and industrial relations and human resource related issues.

Advice on drafting different types of employment related contracts.

Consultation on termination of employment and disciplinary procedures.

Initial advice on enterprise restructuring, retrenchment and closures.

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Frequently Asked Questions (FAQs)

The minimum contribution by an employer is 12% and the contribution of the employee is 8% based on the earnings defined by the EPF Act.

This would amount to a non-disciplinary termination and the provisions of the Termination of Employment of Workmen (Special Provisions) Act No 45 of 1971 (TEWA) would apply.

An employee will be entitled to 14 days of annual leave and 07 days of casual leave.

Action can be filed based on unjustified termination.

The employee can be transferred subject to the terms of his contract of employment.

The main provisions are contained in the Factories' Ordinance No. 45 of 1942.

Yes, if the trade union has an employee representation of 40% or more.

84 working days.

An employee entitled to gratuity must be paid a sum equivalent to half a month’s salary for each year of completed service.

It is recommended to follow a disciplinary procedure prior to taking disciplinary action.

If an accident that has caused an injury to an employee arises out of and in the course of the workman’s employment then the employer may be liable to pay compensation in terms of the Ordinance.

Generally 06 months which can be extended for a further period. However, it is recommended not to exceed 12 months.

The employment obligations in relation to outsourced employees such as taking action for misconduct should be met by the service provider.

Yes, provided that the conditions under the Employment of Women, Young Persons and Children Act No. 47 of 1956 is fulfilled.

It is at the discretion of the employer.

Representation

Our legal team represent members at the Labour Tribunals, Arbitrations, Industrial Courts, Department of Labour Inquiries as well as for the inquiries before the Termination Unit and the Workmen’s Compensation Tribunal.

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