Tag ArchivesSchoemanlaw Inc.
tax compliance status

Utilization of Annual Leave and claiming from the Temporary Employer and Employee Relief (“TERS”) Scheme during #COVID-19 lockdown

The Department of Employment and Labour (hereinafter referred to as “the Department”) has published a Directive (“hereinafter referred to as “the leave Directive”) on COVID-19 and implications on the leave provisions as set out in the Basic Conditions of Employment Act 75 of 1997 (hereinafter referred to as “the BCEA”) as well as a new […]

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Servitudes 101

A servitude is described as a limited real right over immovable property. This right is registerable and allows the holder of the servitude to exercise some right over another person’s property. The three most common property servitudes are personal servitudes, praedial servitudes and public servitudes.   Personal Servitudes   A personal servitude is registered against […]

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Multiple Offers

#Covid19 delaying or making the fulfilment of contractual obligations impossible a Force Majeure?

Force majeure translates literally from French as a superior force. The so-called “act of God”. It describes those uncontrollable events (such as war, strikes, or extreme weather) that are not the fault of any party. And that makes it difficult or impossible to carry out regular business.   These clauses are included in contracts to […]

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Short Time Work as an alternative to Retrenchment during the #COVID-19 pandemic

Many Employers, despite the sudden economic downturn due to the COVID-19 pandemic, do not wish to retrench their Employees due to various reasons, inclusive but not limited to; Employees working for the Employer for years if not decades, loyal and hardworking Employees and Employees who have families to financially support as well as other financial […]

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COVID-19 may not be killing your Employees, but it could be killing your business. Is Retrenchment an instant option?

South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently uncertain, particularly in respect of what the consequences are for Employees should the Employer’s business shut down due to the COVID-19 pandemic, or in circumstances where the Employer’s […]

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