Thato Ke Katleho Employee Rights

11/06/2025

27/05/2025

Understanding Probation in the Workplace – South African Labour Law
Definition:
Probation in the workplace is a trial period at the beginning of an employee’s employment. It gives the employer time to evaluate the employee's performance, conduct, and suitability for the job before confirming permanent employment.

Key Features of Probation in South Africa:
1. Typical Duration:
- Usually between 3 to 6 months, but it can be shorter or longer depending on the job and agreement.
- The length must be reasonable and agreed upon in writing.
2. Purpose:
- To allow the employer to assess:
- Performance
- Skills
- Conduct
- Cultural fit in the workplace
3. Legal Protection:
- Employees on probation are still protected by the Labour Relations Act (LRA).
- They cannot be unfairly dismissed. A dismissal must follow a fair procedure, including:
- Giving feedback and support
- Allowing the employee to improve
- Giving a chance to respond to concerns
4. Extension of Probation:
- Can be extended only for valid reasons, like needing more time to evaluate performance.
- The employee must be informed in writing before the probation ends.
5. Termination during Probation:
- Must still be based on fair reasons (usually performance or misconduct).
- A hearing or consultation must take place, even during probation.

Conclusion:
Probation is not a way to avoid fair labour practices. It’s a structured evaluation period with clear expectations. Employees have rights during probation and can refer unfair dismissals to the CCMA.

Guys there must be a written agreement 🤝 between employee and employer on everything. And you have the right to request a copy of agreement

27/05/2025

Bonus Denial Based on Pending Disciplinary Charge – Legal in South Africa?
Question:
Is it legal for the company not to give an employee a yearly bonus just because he/she has a charge that is still pending, while other employees receive their bonus because they don't have any charges?

Answer:
In South Africa, bonuses are not automatically guaranteed by law — they depend on the terms of:
1. Employment contracts,
2. Company policies, or
3. Collective agreements (e.g., bargaining council rules).

However, fairness and consistency are required under the Labour Relations Act (LRA). Here's how this applies:

1. Is it legal to deny a bonus based on a pending charge?
Yes, it can be legal, only if:
- The company has a clear policy that says employees under investigation or with pending disciplinary charges are not eligible for bonuses.
- This policy is applied fairly and consistently to all employees.
But it may be unfair or even unlawful if:
- The rule is not in writing or not part of company policy.
- The policy is applied selectively or discriminatorily (e.g., targeting one person).
- The employee has not yet been found guilty, and the charge is simply pending for a long time.

2. What rights does the employee have?
- The employee can request the bonus policy or employment contract terms in writing.
- If there is no formal policy, the employee may challenge the decision as unfair labour practice under Section 186(2)(a) of the LRA.
- A complaint can be made at the CCMA.

Conclusion:
It is not automatically illegal, but it may be unfair depending on the circumstances, company policy, and whether consistent treatment is applied.

The best way is to know and understand the policy and the your employment contract 👌

27/05/2025

Question:
Is it allowed in South Africa under the Labour Relations Act (LRA) to work for a company for a period of 6 months without registration?

Answer:
The Labour Relations Act (LRA) does not specify a maximum time limit for registering an employee. However, according to the Basic Conditions of Employment Act (BCEA), employers are legally required to provide employees with written particulars of employment on the day employment starts. These particulars include:

- Employer and employee details
- Job title or description
- Start date
- Hours of work
- Payment details
- Leave entitlement
- Termination notice period

If the industry is covered by a bargaining council, the employer must register with the council and comply with its agreements from the beginning of employment. Failure to do so may result in legal consequences for the employer.

Conclusion:
While the LRA does not prohibit working for six months without formal registration, it is a violation of labour law not to issue employment particulars and comply with relevant council agreements from the first day of employment.

27/05/2025

Are You Still Working Without a Contract Renewal?

If your contract expired — and your employer didn’t renew it — you may be working without legal protection.

At THATO KE KATLEHO EMPLOYEE RIGHTS, we educate workers about:
- The risks of expired contracts
- Your rights in automatic renewal situations
- What to do if you’re working “casually” but full-time

Don’t wait until there’s a dispute.
Know where you stand before it’s too late.

Get legal support. Know your rights.

27/05/2025

Do You Really Understand Your Employment Contract?

Your employment contract is more than just paper — it’s your protection, your promise, and your power!

At THATO KE KATLEHO EMPLOYEE RIGHTS, we help you:
- Understand your rights and duties
- Spot unfair clauses
- Know what to do before you sign

Don’t let legal terms confuse you — know what you’re agreeing to.

If you’ve already signed, it’s not too late to learn.
Inbox us for guidance!

Your signature matters. Your future matters.

27/05/2025

Do You Know Your Rights at Work?

Many workers are unfairly treated simply because they don’t know the law. At THATO KE KATLEHO EMPLOYEE RIGHTS, we’re here to change that!

- Facing a disciplinary hearing?
- Worried about unfair dismissal?
- Confused by workplace procedures?

We’ve got your back!
Follow our page to stay informed, get free advice, and protect your future.

Knowledge is power – and you deserve to work with dignity.

24/05/2025

Welcome to Thato Ke Katleho Employee Rights!

This is your space to learn, grow, and stand strong in your workplace. We believe every employee deserves respect, fairness, and the power to know their rights.

Follow us for valuable tips, advice, and updates that will help you protect yourself and thrive at work. Your rights are your strength — and together, we can make the workplace better for everyone.

Join the movement and let’s succeed together!