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I OWN A LITTLE SCRAPBOOKING SHOP. MY ASSISTANT IS ON

Customer Question
HI. I OWN A...

HI. I OWN A LITTLE SCRAPBOOKING SHOP. MY ASSISTANT IS ON MATERNITY LEAVE FOR 4 MOTHS. TODAY I HAVE RECEIVED NUMEROUS THREATENING MESSAGES FROM HER SISTER BECAUSE I HAVENT PAID HER SALARY. I HAVE PAID ALL HER UIF. I AM NOW REALLY AFRAID. THIS SHOP RUNS AT A TOTAL LOSS. I DO IT FOR THE LOVE. I NOW WANT TO RETRENCH HER. I HAVE TO WORK AT ANOTHER COMPANY TO PAY HER SALARY

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sorry dont know why the cap locks where on

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Gateng

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Full time for 3 years

Submitted: 10 months ago.Category: South Africa Law
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Answered in 1 minute by:
10/4/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: South Africa Law
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

I'm sorry to hear about your situation. Did you agree to pay your assistance salary while she \was out on maternity leave?

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Customer reply replied 10 months ago
hi no I did not. I explained that she could claim UIF
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hello, are you int he United States?

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Customer reply replied 10 months ago
no just type please. phone call too expensive sorry
Customer reply replied 10 months ago
no in South Africa.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Okay, I'm very sorry. The system will sometimes root English-speaking questions to the United States site. You need to go to the South African side. My apologies. Let me opt out of this question so are moderators can get you to the SA site.

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Customer reply replied 10 months ago
thank you
Lawyer: CaseLaw, Attorney replied 10 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread. I am based in JHB, SA.

Please can you give me a little while to review your question. I will come back to you shortly!

CaseLa

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Lawyer: CaseLaw, Attorney replied 10 months ago

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

In terms of the SA Labour laws your employee is legally entitled to 4 months' maternity leave. The labour laws do NOT say that this is 4 months' PAID maternity leave, just maternity leave. Payment during maternity leave it a "bonus" which an employee negotiates with the employer. There are only a small number of employers who give their employee's paid maternity leave.

For example, some companies with "T1" contract employees DON'T get it, but "T2" employees do get that benefit.

All you are obliged to do is to continue paying the UIF like you have done.

Retrenchment is a different story. Based on what you've said above, I think that the business can definitely retrench the employee, however you need to ensure that you follow the right processes. This guide here (http://www.labourguide.co.za/retrenchment/572-retrenching-a-single-employee) is a good starting point in retrenching employees.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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