Scorpion Legal Protection

Illustration of a worker wondering about deductions on his payslip

Does your payslip comply with the law?

Payday is coming up and by law, all employers must issue employees with payslips when they pay them. You may have some questions about what exactly is on your payslip, what your employer is allowed to deduct and what to do if you don’t get one.

How bail applications work

How bail applications work, who qualifies for bail and what happens to the money that’s paid – Scorpion Legal Protection explains how the process works in SA.

Illustration of people related to court proceedings and bail

Types of bail and how they work

You or your lawyer can apply for bail at any stage of the court proceedings – but does this mean you need to go to court to apply for bail? Not necessarily. Did you know there are three different types of bail that the Criminal Procedure Act allows for? Scorpion Legal Protection explains what they are and how they work.

Illustration of a man paying an admission of guilt fine

Paying admission of guilt fines

If you are arrested and the police offer you the option of paying an admission of guilt fine, should you do it? Scorpion Legal Protection discusses the consequences of paying an admission of guilt fine and what you need to be aware of.

Illustration of a man being arrested for drunk driving

Drunk driving arrest procedure

Scorpion Legal Protection looks at what happens if you are stopped on suspicion of drunk driving. What are your rights? What are the police legally allowed to do?

Illustration of a man being tested for drunk driving

Drunk driving legal limits and laws

Scorpion Legal Protection looks at drunk driving laws, how many units of alcohol are in common drinks and the current legal limit.

Illustration of an employer lending an employee money

Can my employer loan me money?

How do employer-employee loans work? Can your employer charge interest on a loan? What about employers charging ridiculously high interest rates? Scorpion Legal Protection takes a look at what the National Credit Act (NCA) allows.

Illustration of an employer telling an employee that he is ending his fixed term contract

Fixed term contract changes

Can employers change when fixed term contracts end? What are your rights as someone working on fixed term employment? When it comes to fixed term contracts, the contract itself is very important in determining whether or not an employer can end the contract or change it before the contract’s end date. Scorpion Legal Protection discusses the laws that apply and what legal recourse you have.

Illustration of a man realising that he is a victim of identity theft

Identity theft: what to do

Fraudulent activity on your bank account like unexplained purchases and transactions, unauthorised debit orders, receiving statements for accounts you never applied for – these are all signs that you could be a victim of identity theft. Scorpion Legal Protection discusses and explains what you should do.

Changing working hours verbally

Employers sometimes think they can change employees’ working hours if they want to without discussing it with the employees first. AZIKHIPHI! That’s not on! Scorpion Legal Protection explains why you have to be given notice to change your working hours, why both parties must agree on the changes and which labour laws apply.

Level 1 rules for sports, cinemas and events

Minister of Sport, Arts and Culture, Nathi Mthethwa, recently announced the new lockdown rules for level 1 under the Covid lockdown regarding events like sports, concerts, live events and movie theatres. Scorpion Legal Protection discusses the three things you need to know about the changes.

Compensation for domestic workers?

Domestic workers have not been able to claim for injuries at work, but new changes being introduced to the Compensation for Occupational Injuries and Diseases Amendment Bill may change this. Scorpion Legal Protection takes a look at what this means for domestic workers who get injured on duty.

3 must-know tips for CCMA arbitration

Going through arbitration at the CCMA can seem intimidating. Scorpion Legal Protection gives you 3 must-know tips to help you understand how the CCMA process works.

Step-by-step guide on going to the CCMA

It can feel intimidating to seek help for legal labour issues from the CCMA if you’re not sure how it works. Scorpion Legal Protection explains step-by-step how to refer a matter to the CCMA.

Protests: What you need to know

You have the right to protest, but with this right comes responsibilities too. Scorpion Legal Protection explains how not to get in trouble with the law if you want to organise a protest:

Retrenchment myths debunked

When it comes to retrenchment, you may not know what exactly the law allows employers to do and what not – especially in light of the financial impact of the lockdowns. Scorpion Legal Protection takes a look at SA labour laws and debunks some common retrenchment myths.

Level 2 rules for food services

Although we’ve moved to alert level 2, many of the level 3 restrictions are still being kept in place for businesses that serve food and alcohol to the public. Scorpion Legal Protection explains the rules for restaurants, bars and other food services under alert level 2: Click to read the full article:

Can you be retrenched while on maternity leave?

With all the uncertainty around the job market and the financial troubles companies are facing, you may be wondering what happens if you need to go on maternity leave. Will you be targeted for retrenchment? What happens when you get back, can they tell you they’ve retrenched you and that you no longer have a job? Scorpion Legal Protection answers: Click to read the full article:

Can you claim for both injury and maternity pay

What happens if you’re booked off for an injury on duty (IOD) and then you need to go on maternity leave? Which benefit is the one you’re entitled to? Can you get both? What if your employer chooses to give you the smaller benefit? Scorpion Legal Protection looks at how these kinds of benefits work: Click to read the full article:

3 reasons you must do your taxes right

Tax season is here. Maybe you’re not sure if you should submit your taxes with everything that’s going on, or maybe you received one of the auto-assessment SMSes from SARS and think you’ll just accept it because it’s less effort. Here’s 3 reasons you must do your taxes right this tax season – Scorpion Legal Protection explains: Click to read the full article:

Can employers demote you to save money?

Can your employer demote you as a way to save money? Scorpion Legal Protection discusses the law around demotion. Click to read the full article:

What is desertion from the workplace?

If you don’t go to work, when does it become desertion from the workplace? What does this mean? Scorpion Legal Protection discusses the labour law. Click to read the full article:

What’s happening with relief payments

What’s happening with relief payments? Scorpion Legal Protection explains what the Employment and Labour Ministry has said, what’s changed, and how to apply. Click to read the full article:

Referring a dispute to the CCMA

Today we’re discussing the process for referring a case to the CCMA. Many people know about the CCMA, but aren’t sure how exactly to take their issue to the CCMA, what they need and how the process works. Scorpion Legal Protection explains. Click to read the full article:

Salons are open: what are the rules?

Since both formal and informal personal care services like barbers and hair salons, nail treatments, tattooing and the like are now allowed to operate under gazetted regulations, you might be wondering what rules and protocols they have to follow. Scorpion Legal Protection discusses. Click to read the full article:

Can I be forced to go in to the office?

“I’ve been working from home since lockdown started, until recently when I started going in half-day on an arrangement with my employer and getting someone to look after my kids while I’m away. This morning my employer called me to say if I do not return full-time on Monday morning I will not be paid.” Scorpion Legal Protection answers. Click to read the full article:

Can I be forced into early retirement?

“I’m 61 years old and I’ve been working for the same company for the last 36 years. They want me to take an early retirement package, but are only offering one week’s pay for every year of employment I have left. What is the minimum pay they can give me?” Scorpion Legal Protection answers. Click to read the full article:

Sequestrated but I have no income

Today we look at what happens if you have debt that you can’t repay and you get sequestrated, which means the courts take legal possession of your assets. What happens if you are sequestrated but you have no assets and no income? Scorpion Legal Protection answers. Click to read the full article:

Do I need a permit to attend a court case?

Under lockdown level 3, if someone travels to Cape Town for work but has to come back to Gauteng for a court case, does he need a permit? And if so, where do I obtain said permit? Scorpion Legal Protection answers. Click to read the full article:

Dismissed during lockdown, where’s my money?

This week, Scorpion Legal Protection takes a look at a case of a man who was dismissed during lockdown but says his employer still owes him wages for 8 days of work. We discuss what he can do. Click to read the full article:

Unable to pay rent due to lockdown?

Unable to pay your rent because lockdown left you with no income or not enough to make payment? Scorpion Legal Protection answers the question of whether or not you’re obliged to pay rent for this time, evictions, and what you can do. Click to read the full article:

Dismissed for fetching medication?

When this employee left work to go to the clinic to fetch his medication, his employer told him he doesn’t want him coming back to work because he will catch the virus and spread it to everyone else. AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what the law says. Click to read the full article:

Prayer meeting disturbed by police

What are the rules when it comes to prayer meetings? Scorpion Legal Protection takes a look at a case of a prayer meeting disturbed by police, and explains what is and what is not allowed under Alert Level 4. Click to read the full article:

Unfairly dismissed for not reporting to work

Unfairly dismissed from work for not reporting? Scorpion Legal Protection takes a look at a case of a woman who was fired because she refused to come to work at the nail salon, or go to people’s homes like her boss told her to. Click to read the full article:

Assaulted by police?

Police misconduct under national lockdown? Scorpion Legal Protection takes a look at a case of a man who says he was socialising with his friends when the police allegedly assaulted him and his friends and humiliated them by ordering them to jump up and down in front of the neighbours. Click to read the full article:

Domestic work during lockdown

We look at the case of a domestic worker whose employer is telling her she must report for duty, and whether or not she can refuse because of the risk of being exposed to coronavirus. Scorpion Legal Protection explains what the law says here:

Check if you have credit insurance

If you have debts, you should check if you have credit insurance that may be able to help you pay your debts during the lockdown and after – you may have it without even knowing about it. Scorpion Legal Protection explains what it is and what the law says here:

Employers’ responsibility for PPE

Wondering what your employer’s responsibility is with regard to providing workers with personal protective equipment (PPE)? Scorpion Legal Protection breaks down what the law says here:

Is retrenchment different in lockdown?

Does retrenchment work differently during the lockdown? Scorpion Legal Protection answers some of your questions. Read more here:

Not getting paid during lockdown?

Not getting paid during lockdown? Scorpion Legal Protection explains what employers need to do to claim from the new Covid-19 Temporary Employee/Employer Relief Scheme (TERS). Click to read the full article:

Workplace injury nightmare

What happens if you get injured in the workplace but you’re a service provider or independent contractor, not an employee? Scorpion Legal Protection explains your rights and what you can do:

New minimum wage for SA workers

South Africa’s minimum wage has increased to R20.76 per hour. This is an increase of 3.8% on the previous R20, which came into effect on 1 January 2019 when a legal minimum wage was introduced in SA for the first time. Certain categories of workers have lower minimum salaries.

Can you do anything about workplace bullying?

Workplace bullying can take a heavy toll on employees, threatening their mental and physical health, and may even result in them losing their jobs. But is there actually anything you can do about it legally? Scorpion Legal Protection takes a look at what the law says:

Can you force your medical aid to pay?

You rely on your medical aid to pay out when you need it to, but what happens if they refuse to pay for essential medical care or reject a life-saving procedure? Is there anything you can do about it? Find out here:

Can you take back your resignation?

In an angry moment, you decide to quit your job, but after cooling off, you realise it was a mistake. Can you take back your resignation? Scorpion Legal Protection chats about this:

“My salary is late again!”

Can you do anything if your employer pays your salary late? Scorpion Legal Protection discusses:

Jail time for lying on CV?

New legislation means you could get jail time for lying on your CV. Scorpion Legal Protection discusses the law:

What role does the ombud play?

Not sure who to complain to or why? Read more to find out.

What role does the ombud play in society? If you complain to an organisation and they don't sort things out, the ombud is the person/people at the top of the complaints ladder that you can turn to for help when all else has failed.

Date added: February 2019

REPORT YOUR LANDLORD TO THE RHT

We discuss what responsibilities your landlord and you have to maintain after reporting.

Date added: February 2020

UNFAIR BLACKLISTING?

Did you know you can challenge the credit bureaus? Click to read more.

Date added: February 2020

Neighbour’s dog is driving me mad

The first thing you should do is make your neighbour aware of the situation and try to find a solution.

How to enforce a settlement agreement

Unlike dismissals due to misconduct or poor performance, dismissals (retrenchments) for “operational requirements” are “no fault dismissals”, which means that the employee did not do anything wrong.

Dismissed for “operational requirements”

What is a Section 189 process, and what does it mean to be dismissed for “operational requirements”? We discuss:

It’s my house, move out!

I bought a house cash, but the adult children of the seller are refusing to vacate the house, what can I do about it? We look into the issue:

It’s not in my job description

Can my employer expect me to perform duties that are not in my contract? We look into the issue:

CAN YOU GET CREDIT IF YOU’RE UNDER DEBT REVIEW?

We tell you what the law says about debt repayment.

Date added: January 2020

MINIMUM LEAVE DAYS, BY LAW

Employers sometimes try to get away with giving workers less than what the law says.

Date added: January 2020

Legal Articles 2020

Does your payslip comply with the law?

How bail applications work

Types of bail and how they work

Paying admission of guilt fines

Drunk driving arrest procedure

Drunk driving legal limits and laws

Can my employer loan me money?

Fixed term contract changes

Identity theft: what to do

Changing working hours verbally

Level 1 rules for sports, cinemas and events

Compensation for domestic workers?

3 must-know tips for CCMA arbitration

Step-by-step guide on going to the CCMA

Protests: What you need to know

Retrenchment myths debunked

Level 2 rules for food services

Can you be retrenched while on maternity leave?

Can you claim for both injury and maternity pay

3 reasons you must do your taxes right

Can employers demote you to save money?

What is desertion from the workplace?

What’s happening with relief payments

Referring a dispute to the CCMA

Salons are open: what are the rules?

Can I be forced to go in to the office?

Can I be forced into early retirement?

Sequestrated but I have no income

Do I need a permit to attend a court case?

Dismissed during lockdown, where’s my money?

Unable to pay rent due to lockdown?

Dismissed for fetching medication?

Prayer meeting disturbed by police

Unfairly dismissed for not reporting to work

Assaulted by police?

Domestic work during lockdown

Check if you have credit insurance

Employers’ responsibility for PPE

Is retrenchment different in lockdown?

Not getting paid during lockdown?

Workplace injury nightmare

New minimum wage for SA workers

Can you do anything about workplace bullying?

Can you force your medical aid to pay?

Can you take back your resignation?

“My salary is late again!”

Jail time for lying on CV?

What role does the ombud play?

REPORT YOUR LANDLORD TO THE RHT

UNFAIR BLACKLISTING?

Neighbour’s dog is driving me mad

How to enforce a settlement agreement

Dismissed for “operational requirements”

It’s my house, move out!

It’s not in my job description

CAN YOU GET CREDIT IF YOU’RE UNDER DEBT REVIEW?

MINIMUM LEAVE DAYS, BY LAW

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