employment

The drive by governments in Sub-Saharan Africa to stimulate employment, protect workers’ rights and address historical imbalances has produced a variety of distinct regulatory systems for employment in the region. This is made more complex by a strong culture of collective bargaining, and an overlap between labour and social issues, between strikes and social protest across the region. 

We have been at the forefront of employment law in the region for many years.  We offer a breadth and depth of knowledge and experience in the fields of industrial relations, employment, employee benefits and pensions law in Africa that is hard to match.

Legal 500 (2015) believes that we have “unrivalled public sector experience”; advise “a vast array of multinationals and blue-chip South African corporates”; and have built “a strong record in strikes and retrenchment exercises”. 

We keep our clients at the forefront of developments in employment laws, regularly contribute to employment law publications and provide training and present lectures in a variety of forums. 

We deliver a wide range of employment law services across both the public and the private sectors in the African countries in which we operate.


Specialised Services

  • Engaging and moving employees
    • Setting up
    • Establishing a presence in local African jurisdiction
    • Assistance with registrations (UIF, Skills Development, COIDA, etc)
    • Contractual arrangements
    • Contracts of employment (local employment contracts, secondment arrangements, tax, and immigration)
    • Atypical employment (agency contracts/ labour brokers, independent contractors)
    • Executives
    • Distinct contractual arrangements, directorships, compensation and benefits
    • Benefit schemes
    • Pension, medical insurance, share schemes, phantom share schemes and similar arrangements
    • Moving employees, typically specialists, managers and executives
    • Immigration, tax, and cross border issues
  • Employee risk
    • Fraud, theft, syndicates and similar offences against the employer
    • Governance and regulatory issues, including health and safety
    • Competition, restraints of trade and team poaching
    • Data protection (advice and compliance audits)
    • Agency offences (committed by employee “on behalf of” the employer, in pursuit of employer’s business, or for which employer and its directors might otherwise be held liable)
    • Employee assistance in case of illness, injury or similar external crisis  
  • Business transfers, outsourcing, and business restructuring
    • Mergers and acquisitions (including due diligence and transaction advice)
    • Outsourcing (identifying and transferring liabilities, insourcing, related transactions and section 197)
    • Change of control provisions, termination benefits, poison pills
    • Reorganisation
    • Redundancies and retrenchment
    • Business rescue
  • Industrial relations and collective bargaining
    • Union recognition
    • Collective bargaining
    • Strikes and lock-outs
    • Emergence of new unions
    • Global trade unions and global trade union campaigns
  • Dispute resolution
  • Trusted adviser (to key clients on strategic employment issues)
    • We offer strategic employment advice to key clients on the main employment issues facing their businesses across the region.
  • Training
    • We hold regular seminars on burning topics and provide ad hoc bespoke training at client request covering, for example, equal pay, harassment, employment equity committee requirements, discipline and poor performance).
 
 
   

 

In association with Bowman Gilfillan Africa GroupMember of Lex MundiMember of Employment Law Alliance