Johannesburg - After a long and hard battle for labour rights - the first local trade unions were formed more than 120 years ago - South Africa now has pretty progressive worker laws.
Still, many workers remain unaware of all their rights, with some areas remaining particularly murky.
1. The right to overtime
Overtime has earned a lot more attention internationally, with big court cases involving huge multinationals. IBM recently settled out of court and had to pay out millions to more than 32 000 workers who claimed they did not receive adequate overtime.
Locally, some retailers and Mondi have had to defend their overtime remuneration. The "cut-off" salary level for overtime in SA has crept higher in recent years and many workers may not know that they are eligible.
If you earn less than R149 736 a year (which works out to R12 478 a month), you must be paid extra for every hour that you work more than 45 hours a week. (The R149 736 must be your basic package and shouldn't include any overtime you already earn.)
You are not entitled to overtime if you work less than 24 hours a month, or if you are a senior manager or a travelling sales person.
There are three overtime compensation options. You should either be paid 1.5 times your normal hourly salary or your normal hourly rate plus a minimum of 30 minutes off for every hour worked overtime. Alternatively, you may not get any extra money, but earn a minimum of ninety minutes paid time off for every hour you worked.
2. The right to fight unfair disciplinary action
Disciplinary hearings, warnings and suspensions all go into your employment record and will count against you when your employer considers your future with the company. If you think any disciplinary action taken against you - even just a warning - was unnecessary or unfair, you can take your case to Commission for Conciliation, Mediation and Arbitration (CCMA).
The vast majority of all CCMA cases are about unfair dismissals and many workers are not aware that other workplace related problems - like unfair disciplinary action and discrimination - can also be taken to the commission.
Fighting against disciplinary action can result in clearing your record. You have to lodge a case with the CCMA within 90 days after an "unfair" incident. The process shouldn't cost you anything.
3. The right to equal pay for equal work
You can't take action against your employer if you feel you are not earning a market related salary. When you signed your employment contract, you agreed to your remuneration and it is expected that should have done your homework before you put your name on the dotted line.
But if a colleague earns a lot more than you do - despite having less responsibility or doing exactly the same work as you, you may have a case for increased pay on grounds of discrimination. It will be tricky to prove, though.
Employers are allowed to pay workers differently according to differences in qualification, skills and productivity. You will have to prove that there is no reasonable explanation for the difference in salary.
You can take your case to the CCMA. You can also approach the CCMA if you feel your employer discriminates against you because of gender or race or by not giving you a promotion, training or benefits (like pension fund membership and medical aid) which you are entitled to because of your performance.
4. The rights of contract workers
It isn't only permanent employees who can bring companies to book. If you had a fixed-term contract which wasn't renewed, or if it was offered on less favourable terms, you may take your case to the CCMA.
5. The right to be sick on a Friday (or a Monday)
Many employers have a rule that if an employee is off sick on a Friday and/or Monday - or close to a public holiday, a medical certificate must be presented.
This is illegal. A certificate can only be asked if you were absent for more than two days - or if you were off sick more than twice (for one or two days) in eight weeks. However, during the first six months of employment, you can only take one day of paid sick leave for every 26 days worked.
6. The right to proper pay slips
Everyone (domestic workers included) who works for more than 24 hours a month, has to get a pay slip. Information about overtime and leave should be detailed in the pay slip. There are also restrictions about what can be deducted, and strict limits about what your employer can claim back for losses caused by your supposed negligence.
- Fin24.com