The Legal Meaning Public Holidays in April and May in South Africa
As April transitions into May, South Africa observes two of its most significant public holidays – Freedom Day and Workers’ Day. While many see these as opportunities for rest, they are deeply rooted in the country’s legal and constitutional framework. For businesses and employees alike, these dates carry important implications, particularly in the context of […]
How Employees Benefit from Legal Oversight in an Employer of Record Relationship
Employees in South Africa have recently benefited from the Employer of Record (EOR) model that has created new employment opportunities. Through an EOR, South African employees can work for international companies while being legally employed by a local provider. This structure allows global companies to access South African talent without establishing a local company. While […]
Why Employer of Record Providers Benefit from Working with a Labour Law Attorney
Employer of Record (EOR) providers make it possible for global companies to hire South African talent without establishing a local entity. But with this opportunity comes significant legal responsibility. Because the EOR is the legal employer on record, it carries substantial liability under South African labour law. This is why many EOR providers partner with […]
Why Companies Using an Employer of Record in SA Still Need a Labour Law Attorney
Expanding into new markets has never been easier thanks to the rise of the Employer of Record (EOR) model. For international businesses looking to hire employees in South Africa, an EOR allows them to employ staff legally without establishing a local entity. But while an EOR simplifies market entry, it does not eliminate legal risk. […]
Applying the 2025 Code of Practice: Dismissal in Small Businesses in South Africa
The Code of Good Practice has been updated in 2025 to provide small business in South Africa with more power when it comes to dismissals in the workplace. However, with more power comes more responsibility to ensure a fair process in followed. At Welman Attorneys Inc. we assist our customers with guidance on a weekly […]
5 Surprising Truths in South Africa’s New Dismissal Code
For most people, the thought of being dismissed from a job is a source of profound anxiety. It’s often viewed as an abrupt, one-sided decision where the employer holds all the power. This perception is fueled by misconceptions about what is and isn’t legally permissible, leading both employees and employers to navigate workplace conflicts with […]
A Disciplinary Hearing is not a Trial
For many employees and managers, the phrase “disciplinary hearing” conjures images of a formal, intimidating courtroom. We picture complex charge sheets, legal arguments, and a process that feels more like a criminal trial than a workplace meeting. This perception often leads to anxiety, inefficiency, and a focus on procedural technicalities rather than resolving the actual […]
What is Section 77 of the Basic Conditions of Employment Act and How Does It Protect Your Contractual Rights?
Introduction If you are an employee in South Africa, you may have heard of the Basic Conditions of Employment Act 75 of 1997 (BCEA), which is a law that regulates the minimum standards of employment, such as working hours, leave, remuneration, termination and more. But did you know that the BCEA also gives you the […]
The Constitutional Court’s Clarification on the Use of Replacement Labour during Lockouts
Introduction The recent Constitutional Court case of National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd [2023] ZACC 11 has provided clarity on the use of replacement labour during lockouts. The conflict created by the decisions of Ntimane & others v Agrinet t/a Vetsak (Pty) Ltd (1999) 20 ILJ 896 (LC) and SACCAWU […]
Transfer of Businesses as a Going Concern: What Business Owners Need to Know
Introduction In today’s fast-paced business environment, transfers of businesses as a going concern are becoming increasingly common. The recent Labour Court judgment [Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2 (27 January 2023)] has shed light on what constitutes a bona fide transfer of a business […]