Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Labour  |  Show questions and answers for all topics

Does a wife have to share her pension money with her husband if he did not share his with her?

Possibly, but she should definitely get legal advice.

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Can I claim UIF if my WCA has been approved but not paid out?

If your WCA claim was still being assessed, then yes. But it is unclear whether you can apply for UIF now.

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Why can't spouses married under Muslim rites claim deceased funds?

Marriages under Muslim rites are not yet legally recognised in South Africa.

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Do I have to attach my provident fund to the child maintenance that I pay?

Yes, but only if you have no other means to continue paying maintenance.

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Can prisoners claim UIF and provident funds from prison?

Prisoners may claim from the provident fund but not the UIF.

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Will a letter of authority compel the deceased's company to pay out her provident monies?

No, you need to discuss the issue with the provident fund itself.

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Can I appeal the Tshiamiso Trust's Medical Certification Panel's findings?

The panel's decision can be taken on review within 30 days, although the process is unclear.

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Why is my work telling me to pay a penalty fee to draw my provident fund if I resign without notice?

Depending on your contract, your employer may withhold an amount equal to the period of notice not given.

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What will happen to my provident fund if I am sent to prison?

If you are sent to prison, you cannot work and so your employer will dismiss you or take it that you have resigned.

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What procedures need to be followed when submitting a Review Application with the Labour Court?

Review Applications must be initiated within six weeks of the award from the CCMA.

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