Frequently Asked Questions

Employees have rights to fair treatment, a safe work environment, fair remuneration, and protection against unfair dismissal.

The standard working hours are 45 hours per week (9 hours per day for a 5-day week or 8 hours per day for a 6-day week). Overtime must be paid at 1.5 times the normal rate.

Employees are entitled to 21 consecutive days (15 working days) of paid annual leave per year.

Employees are entitled to four consecutive months of unpaid maternity leave. UIF benefits may be claimed during this period.

Fathers (or partners) are entitled to 10 days of unpaid parental leave.

Employees are entitled to 30 days of paid sick leave over a three-year cycle, provided they have a valid medical certificate.

No. Employers must have a valid reason for dismissal and follow a fair procedure as per the Labour Relations Act.

Reasons include misconduct, poor performance, incapacity, or operational requirements (retrenchment).

Unfair labour practices include unfair dismissal, demotion, unfair disciplinary action, and discrimination.

You can lodge a dispute with the Commission for Conciliation, Mediation, and Arbitration (CCMA) within 30 days of dismissal.

Report the matter to your employer, HR, or the CCMA if the employer fails to act.

No. Dismissing an employee due to pregnancy is automatically unfair dismissal.

The Employment Equity Act prohibits discrimination based on race, gender, disability, religion, and other factors.

Commercial law focuses on transactions and dealings involving businesses, such as contracts, trade, and compliance. Corporate law specifically deals with company formation, governance, shareholding agreements, and directors’ duties.

A commercial attorney helps prevent costly legal issues by ensuring compliance with laws, drafting secure contracts, managing disputes effectively, and providing strategic legal guidance.

Protection includes registering a company, thorough contract drafting, registering intellectual property, adhering to corporate governance rules, maintaining compliance with applicable laws, and having suitable insurance cover.

Carefully review terms including obligations, termination clauses, payment schedules, liability provisions, confidentiality agreements, and dispute resolution mechanisms. Always seek legal advice before signing.

Commercial disputes can often be resolved through negotiation, mediation, or arbitration, which are quicker, more cost-effective, and confidential compared to court litigation.

Yes. Small businesses benefit greatly from legal guidance to manage risks, ensure compliance, draft robust contracts, and navigate employment issues effectively, thereby avoiding costly disputes.

Typically, registering a new company with the Companies and Intellectual Property Commission (CIPC) takes about one to three weeks, subject to accuracy and completeness of submitted documentation.

A Notary Public has more authority and can authenticate documents for international use, while a Commissioner of Oaths can only certify documents for local purposes.

You may need a Notary Public for:

• Affidavits and declarations for international use
• Powers of attorney for foreign transactions
• Marriage contracts (Ante-nuptial Contracts)
• Authentication of documents
• Property transactions involving immovable property

Yes, a Notary Public can certify true copies of original documents, often required for international use.

An Apostille is an official certificate attached to a notarized document, confirming its authenticity for use in countries that are part of the Hague Convention.

You need an Apostille if you are submitting South African documents to a foreign country that is part of the Hague Convention.

The document must go through authentication at DIRCO and then be legalized by the relevant foreign embassy.

No, but the Notary Public can notarize the document before it is submitted for an Apostille.

A Special Notarial Deed is a document that must be notarized and registered with the Deeds Office, such as servitudes, exclusive use agreements, or notarial bonds.