Legal Articles
The below articles are only basic guidelines.
Please contact Scorpion Legal Protection for more information.
Why Join Scorpion
Life can throw unexpected legal challenges your way. Whether it’s a labour dispute, unfair dismissal, or an issue with a service provider, knowing you have a team of tough, experienced lawyers behind you can make all the difference. That’s where Scorpion Legal Protection steps in.
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Everything You Need to Know About Your Retrenchment Package
Facing retrenchment can be a challenging experience but understanding your rights and the structure of your retrenchment package under South African labour law can help you make informed decisions.
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Understanding the Challenges Faced by South Africa's Youth & Honouring the Legacy of the 1976 Soweto Uprising
Scorpion Legal Protection delves into the challenges confronting South Africa's youth today – like unemployment, education, substance abuse, crime and violence – as we remember the 1976 Soweto uprising.
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Undocumented Children's Right to Education in South Africa and the law
Scorpion Legal Protection discusses the complexities surrounding undocumented children's access to education in South Africa and what the law says.
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Understanding the New 2024 Earnings Threshold in South Africa
Attention South African employees! Are you aware of the recent increase in the earnings threshold to R254,371.67 per year? Scorpion Legal Protection explains how this affects your rights, overtime pay, and more. Read here.
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Navigating Age Discrimination: Understanding South African Law and Your Rights
Scorpion Legal Protection looks into the issue of dismissal based on age in South Africa, what the law says about this unlawful practice, as well as the steps that can be taken if you find yourself in this situation. Read here.
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How to Take Action Against Unfair Blacklisting
Unfair blacklisting happens, sometimes even if you’ve paid off the debt you owe. Scorpion explains how ‘blacklisting’ works, why this can happen and what you can do about it. Read here.
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Getting A Traffic Fine Reduced Or Scrapped
What happens if you don’t pay your fines, how to get your traffic fine reduced or scrapped, and do fines expire… Scorpion Legal Protection answers some common questions about traffic fines and the law. Read here.
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Human Rights in the Workplace
Human rights were hard fought for here in South Africa, and they extend far beyond our day of remembrance. Scorpion looks at how your human rights apply every day in the workplace. Read here.
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National minimum wage increase (effective 1 March 2024)
The Minister of Employment and Labour increased the national minimum wage by 8,5%, taking effect on 1 March 2024. Scorpion discusses who this affects, who is excluded and what other rules on hourly rates you should know about if you are a minimum wage worker. Read here.
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Workplace Relationships
What happens when workplace relationships go sour, especially where one employee is the subordinate of the other? Does the law have anything to say on this or offer any protection? Scorpion Legal Protection discusses. Read here.
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Termination of parental rights and responsibilities in South Africa
No flowers and hearts, we’re talking about parental rights and responsibilities – what are they, who can apply to terminate them, and the legal process. Read here.
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Economic Abuse - The Silent Side Of Domestic Violence
Economic abuse is often overlooked when it comes to domestic violence. As South Africa observes 16 Days of Activism, Scorpion Legal Protection is shining a light on this less talked about, but significant, form of abuse, what it involves and the causes. Read here.
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4 Things That Will Get You Fined This December
On the road this holiday season? Use Scorpion Legal Protection’s checklist to avoid getting fined – or worse – this December. Read here.
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School Fees Exemption In South Africa
Struggling to afford school fees? Scorpion Legal Protection looks at the school fees exemption policy, the qualifying criteria, as well as the application process. Read here.
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Avoid Car Insurance Claim Rejections
How to avoid potential car insurance claim rejections. Scorpion Legal Protection shares some advice on how to ensure you remain covered. Read here.
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New ruling on parental leave in South Africa
Scorpion Legal Protection explains the new judgment on maternity/paternity leave and how it could affect you. Read here.
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Claiming from the RAF
The Road Accident Fund (RAF) is a government-run insurance scheme meant to provide compensation to all users of South African roads, including citizens, tourists and foreign nationals, who have suffered bodily injuries or to the dependants of those who have died as a result of reckless driving. Scorpion Legal Protection explains the claims process. Read here.
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Mental Health in the Workplace
With the month of October being Mental Health Awareness Month in South Africa, we at Scorpion Legal Protection think it’s important to share some useful tips regarding mental health in the workplace. Read here.
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Uncontested divorce: the step-by-step legal process
Did you know that divorce doesn’t have to be a long, messy court battle? Scorpion Legal Protection explains the step-by-step process of uncontested divorce. Read here.
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The Impact of Dying Without a Will in South Africa
When someone dies without leaving a will, those left behind will be left with additional admin, that could have been avoided, on top of their grief. Scorpion Legal Protection explains the problems that can arise from not having a will.
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What makes a will valid?
Having a valid will eliminates the need for costly and lengthy legal battles, it minimises the risk of family conflicts, and provides peace of mind knowing that your loved ones are taken care of when you pass away. Scorpion explains what needs to be included in your will for it to be valid. Read here.
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How to Report a Rape
Sexual assault and rape are traumatic crimes that occur frequently in South Africa. Scorpion will guide you through the process of reporting a rape step by step. Read here.
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Smoke Breaks at Work: What SA Law Says
The Global Adult Tobacco Survey undertaken by the South African Medical Research Council in 2021 revealed that 11.1 million adults (41.2% of all men, and 11.5% of all women surveyed) smoke tobacco.
Scorpion explains what SA’s tobacco and labour laws have to say. Read here.
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How to report a missing person: A step-by-step guide
Scorpion’s step-by-step guide will walk you through the process of reporting a missing person in South Africa, outlining the necessary steps and providing tips to maximise the chances of a successful resolution. Read here.
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Understanding Your Legal Rights: A Guide for Those Assaulted by Government Officials
Knowing what you're entitled to can empower you and help you navigate a challenging situation with confidence. In this article, Scorpion breaks down the key aspects of your legal rights. Read here.
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Debt review vs debt consolidation
If you are struggling to repay your debts, you may be considering either debt review or debt consolidation – they are not the same thing. Scorpion explains what these two terms mean so you can make an informed decision that is best for your specific debt situation. Read here.
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10 Must-know homebuyer terms
Buying property is a big decision and expense, and can be complicated if you don’t know what’s what. Scorpion explains the terms you need to know. Read the article here.
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Overtime hours according to the BCEA
Getting asked to do overtime? Know your rights. Scorpion explains what the BCEA says about overtime hours and pay.
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Pay for work on public holidays
Has your employer asked you to work this public holiday? Here’s what you should know about getting paid.
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SA work visas explained
Looking to apply for a work visa in SA? Scorpion explains the three types and what you need to know.
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4 ways to spot a job scam
With our unemployment rate currently sitting at 32,9% (among the highest in the world), it’s no surprise that South Africans are desperate for work. Here are Scorpion’s 4 ways to spot a job scam.
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Latest news for ZEP holders in South Africa
If you are currently in South Africa with a Zimbabwean Exemption Permit (ZEP), you may be worried about the June 2023 expiry date and what will happen. Scorpion explains what you need to do to remain in SA legally.
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3 facts about metro police fines
Scorpion Legal Protection shares three must-know facts about metro police traffic fines.
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3 tips for winning at the CCMA
Scorpion's labour legal specialists deal with matters that go to the CCMA on a daily basis. Read our lawyers’ tips for winning your CCMA case as an employee.
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Can I ignore after-hours work requests?
Can you ignore after-hours work WhatsApps, calls, emails or messages? Scorpion’s Specialist Labour Department lawyers answer.
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Certificate of Service Explained
What is a certificate of service, what should be in it and how do you get one – Scorpion explains.
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Previous owners won’t move out
What happens if you buy a bank repossessed house, and the current tenants don’t want to move out? Scorpion explains what to do.
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Buying an RDP house
Thinking of buying an RDP house? Scorpion explains what you need to look out for.
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5 things you must know about strikes
Scorpion explains 5 things you should know about strikes in South Africa.
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6 Liquor licence types in SA
Are you looking to apply for a liquor licence? Scorpion explains the 6 different types of licences here.
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Understand your South African payslip
Your payslip is such an important document! Make sure you understand what’s in it. Scorpion breaks it down for you here.
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Can you be forced to use WhatsApp for work?
Can you be forced to use WhatsApp for work? The answer isn’t actually that straightforward. Scorpion explains.
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National minimum wage increase
The new national minimum wage has officially come into effect. Scorpion explains what this means, who it applies to and what you can do if your employer won’t pay it.
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Can you be fired over WhatsApp?
Can you be fired over WhatsApp? Scorpion answers.
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Can foreign national kids born in SA get citizenship?
If you are a foreign national, but your child was born in South Africa, is your child automatically a South African citizen? Scorpion answers.
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Can I get UIF benefits for short time?
Can you collect unemployment benefits if you get a pay cut on short time? Scorpion answers.
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Are loadshedding pay cuts fair?
We all know loadshedding is affecting businesses badly, but can your employer cut your pay because of loadshedding? Scorpion answers.
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More pay for domestic workers coming?
We could soon see a rise in the national minimum wage for domestic workers. Scorpion explains the proposed increase and goes over what you can do if your employer does not comply.
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Suspended from school, what are your child’s rights?
Have you recently been called or notified by your child’s school that your child has been suspended and should not attend classes because they have breached the school’s code of conduct? Scorpion shares why this could be against the law.
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Your child’s rights during search, seizure and drug tests at school
Searches, seizures and drug tests can legally be carried out at schools, but your child still has rights. Scorpion Legal Protection explains.
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No school fees, no getting your results?
Can schools withhold the results of learners whose parents have been unable to pay school fees? Scorpion Legal Protection answers.
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Don’t skip these travel checks!
Going to be travelling this holiday season? Here’s Scorpion Legal Protection’s checklist to avoid legal and safety troubles.
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What is debt review?
There has always been some confusion about debt review, with many finding themselves being placed under the programme but not fully understanding how it will affect them. Scorpion shares some legal advice about debt review and what it means for you.
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5 reasons to check your credit report
When last did you check your credit report? Scorpion Legal Protection shares 5 reasons why checking your credit report regularly will allow you to stay in control of your life.
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Beware of claims on prescribed debt
Do you have a debt that you have forgotten about and suddenly you receive calls asking you to pay up? Scorpion explains what the law says and why you may not have to pay that debt.
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How to get rid of bad tenants
We often talk about tenants’ rights, but landlords get taken advantage of as well, and can be stuck with bad, non-paying tenants who ruin their property. Scorpion explains how you can get rid of a tenant legally, so that you don’t find yourself in trouble with the courts at a later stage.
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3-step guide to reporting a break-in
About 1.4 million homes were broken into over the last year according to StatsSA. Here’s Scorpion’s quick 3-step guide to reporting a break-in.
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Employer didn’t pay pension contributions
What happens when you realise that you may not be set up for a happy retirement because your employer has been making deductions from your salary but not paying over the contributions to the fund administrators? Scorpion Legal Protection talks about the laws that protect you and how to prevent this.
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What happens to your pension fund when you die?
What does your family need to know about accessing your pension fund should you die before you retire? Scorpion Legal Protection explains.
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Unfair disciplinaries: 5 situations
When is a disciplinary hearing unfair? Scorpion Legal Protection gives you 5 situations.
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3 tips for first-time homebuyers
Buying your first home can be exciting – and costly. This is why Scorpion Legal Protection’s lawyers want to share their legal advice for first-time homebuyers.
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Can I refuse to pay rent?
If your landlord isn’t holding up his end of the rental agreement by maintaining the property, why should you hold up yours by paying rent? Scorpion Legal Protection explains why withholding or refusing to pay rent isn’t the best choice.
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3 things your landlord must repair & pay for
What forms part of a landlord’s maintenance responsibilities? Scorpion Legal Protection gives you 3 things your landlord must pay for when it comes to maintenance and repairs of the rental property.
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2 facts about recording a disciplinary
Scorpion Legal Protection gives you 2 facts about recording a disciplinary hearing in South Africa.
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No seeing my child if I can’t pay maintenance
If you can’t pay maintenance, can you be prevented from seeing your child? Scorpion Legal Protection answers.
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6 things your deposit cannot be used for
Ever wondered if your landlord is playing fair with your deposit for a rental property? Scorpion Legal Protection gives you 6 things your rental deposit may not be used for.
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Landlord won’t fix it, what can I do?
Sethu’s landlord is not fixing the plumbing issues with their toilet, but still insists that he pays the full rent each month. What are the landlord’s and tenant’s rights and responsibilities here? Scorpion Legal Protection explains.
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Don’t just accept the SARS auto-assessment
You’ve gotten a SARS auto-assessment. It’s tempting to just accept it and move on, but you shouldn’t do this. Scorpion Legal Protection explains why.
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Left job, kept laptop – is it stealing?
What happens if you leave your job and don’t give back the company laptop? What if they never ask for it back and you just keep it, is this stealing? Can they call the police on you? Technically, no, here’s why – Scorpion Legal Protection explains.
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Living together unmarried, what are your rights?
You’re not married but you’re living together (called cohabitation). What are your legal rights if you separate? Do you have a claim on any monies? Scorpion Legal Protection gives you 3 must-know facts about cohabitation.
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5 things you must know about sick leave
Scorpion Legal Protection gives you 5 things you need to know about sick leave.
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Injured outside office, will I be able to claim?
What happens if you get injured while working, but you aren’t at the official work premises? Can you still claim? Scorpion Legal Protection answers a question posted by a follower on their Facebook page.
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Cell phone contract ends but still getting bills
Have you or someone you know had their cell phone contract end but then still receive bills from the cell phone service provider? Scorpion Legal Protection tells you why that is and what you can do about it.
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What happens if you don’t have a will?
If you don’t have a valid will, do you know what will happen to your estate? Scorpion Legal Protection explains.
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Boss says I can’t join trade union
Looking to join a trade union but afraid of what your employer might do? Maybe you’re worried you’ll be discriminated against or that your boss will start treating you badly because of it.
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Marriage contracts: pros and cons
Looking to get married? Scorpion Legal Protection explains the pros and cons of the different types of marriage contracts.
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Funeral long, leave too short: what to do
You take leave for a funeral, but things end up taking longer than you expected and now you need to extend your leave. Can your employer refuse? What if you take it anyway, can they fire you? Scorpion Legal Protection discusses.
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Can you be fired with immediate effect?
Can you be fired “with immediate effect”? Yes and no. Scorpion Legal Protection explains.
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5 times that being dismissed is unfair
Scorpion Legal Protection explains 5 times that being dismissed from your job is unfair and you can take legal action.
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Check if you are registered for UIF
Can you check if your employer has registered you for UIF and is paying over the UIF money they deduct from your pay? Yes. Scorpion Legal Protection explains how.
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Must I get an employment contract?
Is there a law that says employers must provide a formal employment contract to their workers? The answer may surprise you. Read Scorpion Legal Protection’s answer here.
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Who qualifies for expungement of a criminal record?
Who qualifies for expungement of a criminal record? Scorpion Legal Protection breaks it down here.
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How to get a police clearance certificate
Need to get a police clearance certificate for criminal record, emigration, or travel and employment overseas? Scorpion Legal Protection explains the steps you need to take here.
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5 things officers may not do at a roadblock
It can be easy to feel intimidated at a roadblock. Scorpion breaks down 5 things officers may not do that you should know about.
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5 must-know retrenchment facts
Scorpion’s 5 must-know retrenchment facts to keep in mind in this tough economy.
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Why citizenship can be rejected
What are the reasons why your application for South African citizenship could be rejected? Scorpion Legal Protection answers.
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3 things to check before signing: lease agreement
Your rental application has been accepted and you’re all ready to sign on the dotted line, but before you put your name to that legally-binding lease agreement, take a few minutes to go through Scorpion Legal Protection’s list of things to check before signing.
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Marrying for SA citizenship
Does marrying a South African get you South African citizenship? Scorpion Legal Protection answers.
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4 hidden costs in your rental agreement
Stop! Before you sign your rental agreement, take 5 minutes to check Scorpion Legal Protection’s list of 4 hidden costs often snuck in.
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2 surprises to look out for in your contract
About to sign a new employment contract? Make sure you aren’t surprised by these two things.
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3 things to check before signing: employment contract
About to sign a new employment contract? Scorpion Legal Protection says you must check these three things first.
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Deductions allowed on your pay
Money missing on your payslip? Scorpion Legal Protection explains what deductions your employer is and isn’t allowed to make.
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Pay deductions without notice
Reginald* says his employer just deducted money from his pay, without him knowing or signing anything! Azikhiphi! Scorpion Legal Protection takes a look at the matter.
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Is suspension for theft fair?
Apart from yelling at him and humiliating him in front of customers, Reggie’s* boss accused him of theft, and then gave him a letter of suspension. Is this fair? Scorpion Legal Protection explains.
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Becoming legal owner of land/property
How do you become the legal owner of land/property? It’s not just as simple as getting the original ownership documents. Scorpion Legal Protection explains the role of conveyancers and tips for making sure the process runs smoothly.
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Claiming provident fund benefits
Julius’s* sister, who was working as a cleaner at the time, died and left behind dependent children. He wants to know if he can claim the money from her provident fund. Scorpion Legal Protection explains how provident fund money is paid out.
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