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Legal guides

Written for people, not lawyers. Each guide has key points, a cost card, FAQs and a clear note on when you actually need an attorney.

Labour

Can you be dismissed for theft or dishonesty?

Yes. Theft, fraud and other proven dishonesty are among the most serious forms of misconduct, and dismissal for a first offence is often fair, even where the value involved is small, because dishonesty damages the trust the employment relationship depends on. But the employer must prove the dishonesty on a balance of probabilities, treat employees consistently and follow a fair procedure. A criminal case runs separately and does not decide the labour case.

8 min read · Updated 28 Oct 2026

Labour

Can you be dismissed for being drunk or using drugs at work?

Yes, being under the influence of alcohol or drugs at work is misconduct, and in safety-sensitive jobs dismissal for a first offence is often fair. But if the employee is dependent on alcohol or drugs, the employer must usually treat it as incapacity and consider counselling or rehabilitation first. A positive cannabis test on its own does not prove impairment, and the Labour Appeal Court found a dismissal on that basis unfair in 2024.

8 min read · Updated 28 Oct 2026

Labour

What must be in an employment contract?

South African law does not require an employment contract to be signed, but section 29 of the Basic Conditions of Employment Act requires every employer to give a new employee written particulars of employment on the first day, covering pay, hours, leave, notice and more. Whatever the document says, it cannot take away the minimum rights in the BCEA, the National Minimum Wage Act or the Labour Relations Act.

9 min read · Updated 28 Oct 2026

Labour

What is the maximum UIF payout?

The most anyone can receive from a single UIF unemployment claim is R67 455.06: R221.28 a day for the first 238 days and R116.46 a day for the remaining 127 days. That is the figure the Minister of Employment and Labour gave Parliament in September 2026. To reach it you must have earned at least the earnings ceiling of R17 712 a month and have 365 credit days, which takes four years of contributions. Most people receive considerably less.

8 min read · Updated 28 Oct 2026

Labour

Verbal, written and final warnings: what is the difference?

A verbal warning is the lowest formal step for minor misconduct, a written warning is the next step for repeated or more serious conduct, and a final written warning tells you that the next offence may lead to dismissal. The law sets no fixed validity period: common practice is about three, six and twelve months, but your employer's disciplinary code decides. An employer may skip steps for serious misconduct, and an unfair warning can be appealed, grieved or, in some cases, referred to the CCMA as an unfair labour practice.

8 min read · Updated 28 Oct 2026

Labour

What is dereliction of duty and gross negligence at work?

Dereliction of duty is a deliberate or careless failure to do work you are able and required to do. Gross negligence is an extreme failure to take the care a reasonable employee in your position would take. Both are misconduct, which the employer must prove, and both are different from poor performance, where the employee tries but cannot meet the standard. Gross negligence can justify dismissal for a first offence, but ordinary negligence usually calls for a warning.

8 min read · Updated 28 Oct 2026

Labour

What counts as insubordination at work?

Insubordination is a wilful and serious refusal to obey a lawful and reasonable instruction, or conduct that deliberately and seriously challenges the employer's authority. Rudeness on its own is insolence, and failing at a task you cannot do is poor performance, not insubordination. You may refuse an instruction that is unlawful, seriously unsafe or plainly outside your job, but in most other cases the safer course is to obey and then raise a grievance. Dismissal for a first offence is fair only where the defiance is gross.

8 min read · Updated 28 Oct 2026

Labour

What are your rights if you work on a public holiday?

A public holiday that falls on a day you would ordinarily work is a paid day off, and your employer can only require you to work it if you have agreed. If you do work it, section 18 of the BCEA entitles you to at least double your ordinary daily wage or, if greater, your daily wage plus pay for the hours worked. When a public holiday falls on a Sunday, the following Monday is also a public holiday.

8 min read · Updated 28 Oct 2026

Labour

What are the rules for sick leave in South Africa?

Paid sick leave in South Africa runs over a three-year cycle from the day you start, not per calendar year. In each cycle you get the number of days you normally work in six weeks, which is 30 days on a five-day week, but in your first six months you build it up at one day for every 26 days worked. Your employer can refuse to pay for an absence of more than two consecutive days, or a third absence in eight weeks, if you do not produce a valid medical certificate when asked.

8 min read · Updated 28 Oct 2026

Labour

Is a clinic sick note valid for work?

Often, yes. The BCEA accepts a certificate from a medical practitioner or any other person who is certified to diagnose and treat patients and is registered with a professional council, so a note from a clinic doctor, or from a suitably qualified professional nurse registered with the Nursing Council, can be valid. A mere "certificate of attendance" usually is not, because it does not say you were unable to work. A note from a traditional healer generally does not qualify for paid sick leave while the healers' registration system is not working.

8 min read · Updated 28 Oct 2026

Labour

Is a bonus or 13th cheque a legal right?

No law in South Africa requires an employer to pay a bonus or a 13th cheque. You are entitled to one only if your contract, a policy that forms part of it, a collective agreement or an established practice gives you that right. Even a discretionary bonus must be handled fairly, and an arbitrary refusal can be challenged at the CCMA as an unfair labour practice.

8 min read · Updated 28 Oct 2026

Labour

How to run a disciplinary hearing as an employer

A fair disciplinary hearing is an enquiry, not a trial. Investigate first, put clear charges to the employee in writing, give reasonable time to prepare, appoint a chairperson who was not involved, let the employee be assisted by a fellow employee or shop steward and answer the evidence, then decide on guilt and sanction separately and record everything. The Code of Good Practice: Dismissal, 2025 lets smaller employers keep it simple.

8 min read · Updated 28 Oct 2026

Labour

How to prepare for a disciplinary hearing as an employee

Read the charge sheet closely, ask in writing for particulars, the documents and the witness list, and ask for a postponement if you have not had reasonable time. Choose a fellow employee or shop steward to assist you, prepare your own witnesses and evidence, and prepare mitigation even if you deny the charge. If you are dismissed, appeal if the code allows it, but refer the dispute to the CCMA within 30 days without waiting for the appeal.

8 min read · Updated 28 Oct 2026

Labour

How to dismiss an employee fairly: an employer's checklist

To dismiss fairly you need a fair reason, which must relate to the employee's conduct, capacity or your operational requirements, and a fair procedure that gives the employee a real chance to respond. The Code of Good Practice: Dismissal, 2025 lets small businesses use simpler, proportionate procedures, but not skip fairness. Get the notice, final pay, certificate of service and UIF paperwork right, because a CCMA referral can follow within 30 days.

8 min read · Updated 28 Oct 2026

Labour

How to claim UIF online, step by step

You claim UIF unemployment benefits online on the Fund's UIF Online portal at uifonline.labour.gov.za, not on uFiling, which now says it no longer processes employee claims. You register a profile linked to your ID number, complete your contact, work-seeker and banking details, upload your UI-19 and supporting documents, and submit. After approval you must keep confirming, roughly every four weeks, that you are still unemployed and looking for work.

8 min read · Updated 28 Oct 2026

Labour

How to claim the UIF illness benefit

The UIF illness benefit replaces part of your income when illness keeps you off work for at least seven days and your employer has stopped paying you, or is paying less than your normal wage. It is paid on the same sliding scale as the unemployment benefit, out of the credit days you have built up. You claim on form UI-2.2, completed partly by your doctor, with forms from your employer, within six months of the illness starting.

8 min read · Updated 28 Oct 2026

Labour

How to check your UIF claim status, and what each status means

You check a UIF claim by logging in to the Fund's UIF Online portal at uifonline.labour.gov.za, by calling the UIF call centre on 0800 030 007, or by taking your reference number to a labour centre. The Fund publishes no official glossary of statuses, so this guide explains what each common status means in practice and what to do about it. A status that has not moved for several weeks usually means something is missing, most often your employer's declarations.

8 min read · Updated 28 Oct 2026

Labour

How much annual leave do you get in South Africa?

The Basic Conditions of Employment Act gives you at least 21 consecutive days of paid annual leave for every 12-month leave cycle, which is 15 working days on a five-day week or 18 on a six-day week. By agreement, leave can instead build up at one day for every 17 days worked, or one hour for every 17 hours. Your employer may decide when you take it if you cannot agree, but must let you take it within six months after the cycle ends, and the Labour Court has held that statutory leave not taken by then is generally lost.

8 min read · Updated 28 Oct 2026

What these guides are

Each guide on this page answers one question that a real person asked, in the words they asked it. Not a summary of an Act. Not an article about an area of law. One question, one answer, written so that somebody with no legal training can read it once and know what to do next.

They are written in house by the LawMatch editorial team from the South African statutes, the published rules of the courts and tribunals, and the guidance the CCMA, the Master of the High Court, the Information Regulator and the ombud schemes put out themselves. They are written for the person with the problem, not for the person charging for the answer.

Say the important part first. The content on this site has been reviewed by Shephard Dube, who holds an LLB but is not an admitted attorney. Where an admitted attorney has reviewed a guide, that attorney is named on it, with their Legal Practice Council number, so you can check them. No guide carries such a name yet, and a review of general information is not advice on your facts in any event. LawMatch is not a law firm and does not give legal advice. Read the guides as good general information that helps you ask better questions, and get a person involved when the stakes are real.

Start from your problem, not from a legal category

Most people do not know which area of law their problem sits in, and there is no reason they should. A landlord who has locked you out feels like a police matter. A debt collector phoning your office feels like harassment. A retrenchment that was really a dismissal feels like bad luck. Sorting your problem into the right box is a legal skill, and needing that skill before you can get help is exactly the barrier this site exists to remove.

So do not start by picking an area of law. Start by writing down what actually happened, in order, with dates. Who did what, on what day, and what you want to happen now. Then find the sentence below that comes closest to your situation. Getting to the right area is most of the work, because the forum, the deadline and the free route all follow from it, and all three are easy to get wrong at the start and impossible to fix at the end.

If your problem seems to sit in two areas, it probably does. A divorce with a house and a bond in it is family law and property law at the same time. Read both. Nothing stops you.

Find your problem in one of ten areas

Work. Anything about a job. Being dismissed, being retrenched, a disciplinary hearing, a contract changed without your agreement, unpaid leave or overtime, a restraint of trade blocking a new job, and claiming from the Unemployment Insurance Fund. If you have been dismissed, read how to refer an unfair dismissal to the CCMA today. The clock is short and it starts on the day you were dismissed.

Family. Divorce, what happens to the house and the pension, care and contact with children, child maintenance and arrears, protection orders where there is abuse, unmarried fathers, parenting plans and antenuptial contracts. Start with what to do if maintenance is not being paid if money for a child has stopped.

Where you live. Renting and buying. Deposits, rent increases, repairs, a landlord entering or cutting services, breaking a lease early, eviction from either side, transfer costs, and body corporate levies. If somebody is trying to remove you from your home, read can a landlord evict me without a court order first.

Debt and credit. Money you owe. Debt review, sequestration, a summons or a judgment, an order attaching your salary, repossession, debt collectors, section 129 notices, and wrong listings on your credit record. Old debts often cannot be enforced at all, which is why how to check if a debt has prescribed is the first thing to read when a collector calls about something ancient.

Claims and compensation. Harm somebody else caused. Road Accident Fund claims, injuries at a shop or from a dog, medical negligence, rejected insurance claims, defamation, and your rights as a consumer when goods or a contract go wrong.

Wills and estates. Writing a will while you can, and winding up an estate after a death. Reporting the estate to the Master, executors and their fees, who inherits when there is no will, contested wills, and the house or bank account nobody can touch. Start with how to write a valid will in South Africa if you are planning rather than grieving.

Criminal. Being arrested, your rights at the police station, bail, how a trial runs, laying a charge, diversion for a first offence, missing a court date, and clearing an old record.

Immigration. Visas of every kind, renewals, changing status, appealing a Home Affairs refusal, permanent residence, citizenship, asylum, and what your rights are if you are detained.

Traffic and AARTO. Fines, disputing them, demerit points, warrants for unpaid fines, drinking and driving, reckless and negligent driving, an impounded car, an expired licence, and what to do at the scene of an accident.

Small business and POPIA. Running something small. Registering a company, contracts with customers and suppliers, hiring your first employee, chasing an unpaid invoice, partner disputes, protecting a name, and every duty the Protection of Personal Information Act 4 of 2013 puts on you.

How a guide is built, and why in that order

Every guide follows the same shape, because the shape is the point.

The direct answer comes first. Yes or no, or the one sentence that settles it, in the opening lines. You should never have to read nine paragraphs of background to find out whether you have a case. If the honest answer is that it depends, the guide says what it depends on straight away.

Then the steps. What to do, in order, with the words you actually say and the office you actually walk into.

Then a worked example. A named person with dates and figures, so you can see the rule move. The example is always labelled as illustrative. It is not somebody's real matter and no outcome in it is promised to you.

Then what to do this week. The two or three things that are worth doing before anything else, usually because a deadline is running.

Then the documents to gather. A list you can work through, because the single biggest saving in any legal matter is arriving with the file already in order.

Then the deadlines. Set out plainly, with the date each clock starts running from, since that is where people lose good cases.

Then the common mistakes. What people do that quietly destroys their position: sending an angry letter, signing an acknowledgement of debt, waiting for an internal appeal while the referral period runs out.

Then the free route, before the paid one. Every guide tells you what the CCMA, an ombud, a tribunal, the Maintenance Court, the Small Claims Court or Legal Aid South Africa can do for nothing before it discusses an attorney. That order is deliberate and it never changes.

The rules every guide follows

Plain English throughout. Where a Latin or technical term is unavoidable it is explained in the same sentence. Acts are named in full the first time they appear, so you can look them up yourself rather than take our word for anything.

No invented authority. We do not put a section number in a guide unless it is real, and we do not name a case unless it exists and says what we say it says. Where a rule comes from common law rather than a statute, the guide says so instead of inventing a section.

Figures that change are flagged as changing. Thresholds set by ministerial notice, rates that move with the repo rate, and tables that are updated after the Budget are marked as moving and you are told to confirm the current one. Every worked example is labelled illustrative. No guide promises you an outcome, because nobody can.

How the guides fit with the rest of the site

A guide explains the rule. A calculator runs the arithmetic for your dates and amounts and shows its working, so start with the guide and take the number from the calculators. A template gives you the document, so once you know what to send, the templates have the letter, the checklist or the affidavit. The cost pages tell you what the paid route runs to, before you commit to it.

Use them in that order. Understand the rule, check the number, put it in writing, then decide whether to pay anybody.

When a guide is not enough

Stop reading and get a person when any of this is true. You have been served with court papers. A deadline is days away. A child, your home or your liberty is at stake. The other side already has an attorney. The amount would change your life. Or you have read the guide twice and still cannot see where your facts fit.

Free first, always. Legal Aid South Africa is on 0800 110 110 for people who pass its means test. The CCMA is on 0861 16 16 16 for anything about a job. Ombud schemes, the Maintenance Court and the Rental Housing Tribunal cost nothing, and the Small Claims Court checker tells you whether a money claim fits there. The free legal help page lists all of it in one place.