| Digital nomads: How SA labour laws affect foreign employers, employees and remote workers

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In the modern world of employment in which South Africa is fast being recognised as a destination of choice for remote workers, foreign employers must take care to align the employment contract to the appropriate system of law.

The Labour Relations Act , among other important functions, regulates the rights of employees whose contract of employment has been terminated, and affords the employee the right to refer a dispute to the Commission for Conciliation, Mediation and Arbitration upon receipt of such notice.

Pitya was dismissed from his position at the United States diplomatic mission to South Africa and dissatisfied with his dismissal, referred a claim for payment of money arising from his dismissal to the CCMA.

Notably however, there are exceptions to the above rule which apply to contracts of employment, so that if – However, this exception does not apply if the parties to the contract have agreed in writing that the dispute or any dispute relating to the contract is subject to the courts of a foreign state, or the proceedings relate to the employment of the head of a diplomatic mission or any member of the diplomatic, administrative, technical or service staff of the mission or to the employment of the head of a consular post or any member of the consular, labour, trade, administrative, technical or...

Source: Law Daily Report (lawdailyreport.net)

 

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