Ask Athalie Banner

Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Labour  |  Show questions and answers for all topics

Can I get my pension benefits if there is a shortage that I was never told about or given proof of?

If the employer can provide proof of the shortage, they may withhold benefits.

Read more

Are employees of liquidated companies considered creditors that must be paid by the liquidators?

Yes, but there are other creditors that need to be paid off first.

Read more

What can employees do if the company they work for fails and they are retrenched without consultation?

Not engaging in a joint consensus-seeking process contravenes Section 189 of the Labour Relations Act. You can take the matter to the CCMA.

Read more

I am a ZEP holder who has applied for a general work permit. I am worried that I will not get a response on my application before my employment contract expires.

ZEP holders who have applied for waivers or other visas are allowed to stay and be employed in South Africa until they receive the outcome of their applications.

Read more

How should I set up a permanent contract for my elderly mother's caregiver?

Caregivers classify as domestic workers, for which there are a few templates available.

Read more

How do the three-pot and two-pot systems work? How do I withdraw from my savings pot?

10% of your old vested pot will be transferred to your new savings pot. The remaining 90% will be divided between your savings pot and your retirement pot.

Read more

If I divorce my husband, will he be able to claim 50% of my pension if we are married out of community of property with an antenuptial contract without accrual?

Not if you got married on or after 1 November 1984.

Read more

Where can I get the full details of my employment history?

The UIF or Labour Department should be able to give your complete employment history.

Read more

Do ZEP holders still need to apply for skills waivers from the South African Qualifications Authority and the labour department to confirm their qualifications?

Yes. Since Home Affairs' issuing of Circular 7, foreign nationals can now apply for their waivers from the labour department directly.

Read more

What happens if I get fired after 1 September 2024 when the new retirement laws come into effect?

You will still be able to withdraw any funds saved in your vested pot before 1 September 2024.

Read more