BUSINESS PROFILE
“Vision without action is a daydream. Action without vision is a nightmare.”
(Japanese Proverb)
PREAMBLE
LegalSolutions a dynamic Employment & Labour Law company with its head-office in the Strand, Western Cape, has the expertise, knowledge and well-trained staff to offer your business a value added service with a touch of legal excellence
OUR VALUE PROPOSITION
LegalSolutions o
ffer a variety of employment law, human resources and general legal assistance to their clients under one umbrella. We also offer an on-line service to our client which is cost effective. We strive to service excellence and to offer our clients a professional and ethical service at highly competitive rates. BBEE - COMPLIANCE
LegalSolutions is a verified Level Four BEE Contributor and an Exempted Micro Enterprise in terms of the Codes of Good Practice of the Broad Based Black Economic Empowerment Act with the Department of Trade and Industry (Dti) with reference dti URN BEE5805352. LegalSolutions is listed on the National B-BBEE Registry of the Dti. OUR SERVICES
LegalSolutions offer the following one-stop professional employment law and human resources services to small, medium and larger enterprises at highly competitive and affordable rates:
LABOUR- AND EMPLOYMENT LAW SERVICES
• A LegalSolutions consultant will on request, conduct a comprehensive labour audit free of charge, at your business premises to execute a labour audit of existing policies, contracts of employment and other legal required documentation and assess the gaps in your business knowledge and HR/IR issues
• Drafting/Updating of contracts of employment and policies that were identified during the audit
• Preparation and drafting of policies and other legal documentation required by labour legislation and or requested by the client
• Handling of disciplinary hearings (Chair proceedings)
• Handing of Incapacity hearings/inquiries (Chair proceedings)
• Provide legal assistance and legal documentation in cases of dismissals due to the operational requirements of employers
• Provide legal assistance and documentation in cases of transfer/merger/outsourcing of businesses
• Provide legally prescribed forms in terms of labour legislation for daily management of your employees
• Telephonic and e-mail advice and support and regular newsletters to keep clients informed about any changes in labour legislation
• Provide display posters (wall charts) in terms of the BCEA, EEA and the OHSA
• Training and workshops for employers. managers, supervisors and IR/HR personnel pertaining to disciplinary/incapacity hearings, day-to-day labour related issues, How to win a case at the CCMA, managing of absenteeism, ect
• Provide legal assistance and preparation of documentation in disputes referred to the CCMA / Labour Court
• Industrial Action: Strikes and ‘protest action’
• Collective bargaining
HUMAN RESOURCE SERVICES
• Draft / preparation of various human resource related policies and documents (e.g. leave, absenteeism, attendance, loan, deductions, overtime, maternity leave, sexual harassment, internet-and email, alcohol & drug testing, ect)
• Provide various human resource related documents and forms (e.g. letter of appointment, resignation, exit interviews, leave application, voluntary retrenchment agreement, retrenchment termination letter, employee personal details, ect
• Recruitment and Interview forms, procedures and guidelines
• Workforce planning and recruitment
• Preparation of Induction Programmes
• Performance evaluation forms and guidelines
• Employment Equity and diversity management
• Preparation of Employment Equity Plans and provision of BB-BEE Codes of Good Practices
• Grievance procedures and forms
• Draft and prepare various contracts of employment (e.g. fix-term, contract of limited employment, occasional worker, temporary employment, ect)
• Drafting of Job Descriptions
• Draft and prepare contracts for Independent Contractors, policy and guidelines
• Health and Safety Management (Occupational Health and Safety, Act, Compensation for Injury and Diseases Act, ect)
• National Skills Development issues
• Verifying of employees/applicants details (e.g.Identity, Credit Bureau report, Criminal record search, tertiary academic, qualifications and previous employment history check)
LEGAL SERVICES
• Formulation of Trusts (family trusts, business trusts, ect)
• Registration of Companies (including shelf Pty)
• Draft of Wills
• Company/CC/Director and Deed Search on CIPC
• ITC Checks (including Trace alerts, Judgments, Default data and Administration orders)
• Draft and prepare various commercial contracts (e.g. lease agreements, purchase agreements, partnership agreements, shareholders agreements, Association agreements in terms of the Close Corporation Act, Events Indemnity agreement, ect)
• Administration of Estates
• Legal advice and assistance on the Eviction of illegal occupants on farms and residential property and obtaining of court orders with the assistance of our associate attorneys specializing in this field
• Rescission of judgments
• Clearing of ITC / Credit reports
• Divorces
DEBT COUNSELING SERVICES
(Registered with the National Credit Regulator as a Debt Counsellor in terms of section 44 of the National Credit Act No. 34 of 2005 – Registration No. NCRDC100)
The National Credit Act 34 of 2005 came into operation on 1st June 2007. The Act aims to protect consumers taking credit or entering consumer credit transactions. Provision is made in the Act for the registration of debt counsellors who will make debt counselling services available to consumers who are unable to honour in a timely manner, all credit agreements to which they indicated by their history of debt repayment, and to assist over-indebted consumers. Consumer Assistance
A consumer may apply to a Debt Counsellor to be declared over-indebted if the debt counsellor finds that the consumer is indeed over-indebted, he/she will make a recommendation to the Magistrate’s Court for the consumer to be declared over-indebted. The Court may in turn re-organise the consumer’s debt by extending the terms of any agreement, postponing payments, recalculating unlawful fees or interest and may order adjustments to improperly charged items. If a debt counsellor finds that a consumer is not over-indebted, he/she will provide the consumer with a letter of rejection. The consumer may then appeal to court for a review of the debt counsellor’s decision. A consumer who is over-indebted may approach a debt counsellor directly or he/she may be referred to a debt counsellor by his/her creditor/s or by the magistrate court. LegalSolutions has been registered as Debt Counsellors in terms of section 44 of the National Credit Act 34 of 2005. LegalSolutions will accept all instructions/referrals from consumers, credit providers and the magistrate courts in accordance with the NCA
ON-LINE LABOUR LAW & HR SERVICES
• LegalSolutions provides an on-line labour law and human resource service to clients / subscribers
• Free employment contracts and other legal documentation are available on the web site and can be downloaded
• Various contracts and legal documentation can be ordered on line
• The ever popular and sought-after LegalSolutions Labour Law Toolkit CD, the LegalSolutions HR CD, the LegalSolutions Labour Toolkit for Farmers CD and the LegalSolutions Private Security Industry CD are available on the website. No employer, manager, supervisor or HR professional can afford to be without these very helpful tools. Save money and time and order your CD’s now! PRE-EMPLOYMENT SCREENING OF APPLICANTS
CRIMINAL- AND CREDIT REPORT CHECKS AND OTHER PRE-EMPLOYMENT SCREENING SERVICES
LegalSolutions, as a leading labour law, legal and human resource consultancy company, are proud to introduce our new range of pre-employment services. Most companies are vulnerable to employee dishonesty. When employing new staff it is important to make the right decision. Just one unscrupulous individual can do untold damage. In any communication with an individual, where the objective is to employ him or her, credentials can be attested to, omitted, inflated or exaggerated, and quite often are. In a competitive job market with high unemployment rates and uncertain social and economic trends, there is a marked increase in the preparation of fraudulent credentials among candidates in all sectors. LegalSolutions offers the latest ”Workforce Integrity Solutions” assisting businesses to reduce the risk that a potentially dishonest employee could pose. LegalSolutions uses the most advanced technology systems to enhance criminal and credit checks as part of the pre-employment or post-employment screening processes. LegalSolutions are able to perform a fully integrated screening solution and include all elements of screening e.g. credit checks, ID verification, qualification, drivers license and reference verifications. Our company is accredited and licensed to utilize AFISwitch technology which interface with the SAPS AFIS for the purpose of criminal background enquiries. Part of this technology is an electronic fingerprint reader used to capture an applicant’s fingerprints. Once the fingerprints have been captured they are submitted electronically, by means of an internet connection. The data is uploaded to AFISwitch via a secure internet connection. AFISwitch transmits the electronic fingerprints directly to the SAPS AFISwitch sub-system for identification purposes. On completion of a fingerprint search, the SAPS AFIS returns a Hit or No-hit result (Possible illicit activity identified or No illicit activity identified) within 48 hours. In the case of a “Possible illicit activity identified” report, SAPS will further process the search and supply the required details regarding the record, within 4- 8 weeks
Pre-employment screening can assist you to appoint the most suitable applicant and properly save your company thousands of rand on possible labour disputes and compensation awards. Please contact our offices to arrange for an appointment with one of our well-trained en competent consultants. SAFETY IN THE WORK PLACE
• Conduct safety audit on clients premises and building sites in terms of the OHSA
• Safety training
• Compiling of safety manuals
• Provide all legal forms pertaining to the OHSA to ensure legal compliance
• Appointment of safety representatives in terms of the OHSA
CONCLUSION
The Company and its staff are dedicated to high ethical and professional standards and continuously strive to service excellence and professional competence.