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5 common Employment Law mistakes small businesses make in South Africa

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  Businesses in South Africa are subject to a variety of employment laws that are designed to protect the rights of employees.These Employees can be acted with the popi compliance plan also, that can be used in the personal law.  However, it is not uncommon for small business owners to make mistakes when it comes to compliance with these laws. In this blog post we will discuss five common employment law mistakes that small businesses in South Africa make, and what steps can be taken to avoid them.  1: Failing to properly register employees with the Unemployment Insurance Fund (UIF) and the Compensation for Occupational Injuries and Diseases (COIDA) Fund. Employers are required by law to register their employees with the UIF and COIDA, and to make contributions to these funds on behalf of their employees. Failure to do so can result in significant fines and penalties. For loan purposes also loan contract sample for the employees.  2: Not providing employees with pro...

Independent contractor or employee? The true state of affairs

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  THIS QUESTION has been considered in a number of countries around the world. For example, in California, certain drivers have been ruled employees despite Uber having ‘employed’ them as independent contractors. What’s the significance between the two? In the case of employees, the Basic Conditions of Employment Act and Labour Relations Act (LRA) apply, and you would have to register for the Skills Development Levy, UIF, Workman’s Compensation, SITE and PAYE, which entail continuous monetary contributions. Ending an employee’s employment is also far harder than terminating an independent contractor. The LRA ensures that certain procedures, including disciplinary hearings, are followed before an employee can be dismissed.  Independent contractors on the other hand are often simply issued a notice of termination. In South Africa, the NEDLAC Code of Good Practice sets out seven factors to determine whether someone is in fact an employee. These factors apply regardless of the for...

What To Consider When It Comes To Customer Agreements

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  Why in any business we need a customer agreement that is simple, easy, and understandable. WHILE THERE ARE a number of important aspects to any customer agreement, at its core, the agreement seeks to do two ‘simple in theory’ things: regulate the extent of the liability of the company. To get customers to pay. The precise formats of the agreements regulating these things are varied, and all seek to achieve the same result, but, depending on the type of business, may do so through terms of service on a website, a service level agreement, or any other formal written agreement. There are several standard provisions (look to the Electronic Communications Act of 2005 for guidance) that ought to be included in any customer agreement, but, specific advice should be sought in relation to the commercial impact of legislation such as the Consumer Protection Act, the National Credit Act and the Protection of Personal Information Act (covered, to some degree, here). Many companies have also ...

What Are the Steps to Filing for a Trademark?

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Did you ever know about the trademark filing procedure ? These steps involved in filing a trademark include deciding the need for a trademark, selecting a suitable mark, submitting an application for registration, and cooperating with the examining attorney in processing the application. What Is a Trademark? A trademark refers to a name, symbol, or design used by a business to distinguish its products or services from those of others. Customers immediately recognize a product and form certain expectations in their mind about its quality when they see a trademark. Quite often, a trademark is the same as the brand name of a product. You can contact for independent contractor agreement that to be also included in the same.  A service mark is also like a trademark, but instead of goods, it applies to services. Benefits of Registering a Trademark registered trademark offers the following principal benefits: It serves as a public claim of your ownership over a given trademark. It estab...

What Is Independent Contractor Agreement?

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  As per the Govt Guidance, most South African businesses require the services of an independent contractor or a sub-contractor, which is not an employee of the business. The Contract that is ideal for a particular project or task is named an Independent contract agreement .  For example, if you offer commercial services, but legal Legends' expertise is not in the digital commercial, but you still require digital services, you might decide to appoint an independent contractor or a sub-contractor to offer digital marketing services to legal Legends' clients. The independent contractor or a sub-contractor may be used for a single project or task or may be used on an ongoing basis.  Legal Legends is a top-notch legal firm that shows some template that allows for an inexpensive way in which almost all aspects of the relationship between you and yLegal Legends's independent contractor or a sub-contractor, by providing a unique table at the end which allows you to select which ...

Get to Know about the process of Service Level Agreement in South Africa

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  A South Africa law compliant template Service Level Agreement customisable and ready to use out of the box. In many instances of business, you might provide services to a client. This relationship is best regulated by what’s known among business to provide a services to their client known as  Service Level Agreement . In basic template Service Level  Agreement allows for an inexpensive way in which almost all aspects of a Service Level Agreement may be regulated, by providing a unique table at the start of the Service Level Agreement which allows for you to customise parts of the agreement that you would like to include, exclude or vary and legal legends is among those company which fullfil its wishes for their customers only. Over many years of preparing Service Level Agreements, we have hand selected and included in this template Service Level Agreement all the best possible provisions to efficiently and effectively manage the relationship between you and your clients...

CIPC trademark registration

  CIPC trademark registration When registering for your  company in cipc trademark registration , start-ups often think that by reserving their company name, they have exclusive rights to the name, but this is not correct. Registering a trademark along with the company registration is the only means to ensure exclusivity of your brand name. This package ensures exactly that, and consists of: A company registration (with or without name reservation); and A brand name trademark registration in one class. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS CREATED BY EMPLOYEES The general rule in this regard is that intellectual property rights created by an employee are automatically owned by the employer. Difficulty can, however, arise in instances where it is disputed that such intellectual property rights were created in the course of the employee’s employment. Should intellectual property rights be situated on, for example, an employee’s private resource, such as his or her own laptop...