KNOW THE LAW!
At Clientèle Legal, we are committed to providing you with all the necessary South African legal advice you may need to know to help you in your day to day life. This is just another way of us showing you why Clientèle Legal remains one of the preferred choices of legal cover in South Africa.
Below are answers by Prea Naidoo (Clientèle Legal Advisor) to selected Frequently Asked Questions for this month. To send through your questions, email us on:firstname.lastname@example.org
Q: ‘Can I get a criminal record for drunk driving – even if I’ve only had one beer?’
Yes, you can! There are many factors which influence your Blood Alcohol Level. People’s body size and tolerance to alcohol differ. It could also be influenced by whether you have eaten before consuming alcohol.
Even the length of time between your last drink and taking the test could have an influence. You are considered over the legal limit if you have a Blood Alcohol Level of 0.05g or more (0.05g per 100ml).
If you are found guilty of drunk driving, you will have a criminal record, so think carefully whether that one beer is worth it. Fines for drunk driving have increased to a maximum sentence of 6 years in prison, a fine of R120 000, or both.
Clientèle Legal does not in any way endorse or support drinking and driving in any form, however, we acknowledge your rights in this situation.
Bottom line: Don’t drink and drive – call a cab or get a friend to drive you home.
- Always have your Clientèle membership card on you;
- Co-operate with the police as much as possible;
- It is your right to make a phone call. Ask for a phone to call your lawyer and follow the advice of your lawyer on what to say;
- Allow your lawyer to talk to the police;
- Let the law take its course.
Q: ‘What are the guidelines for paying my domestic worker?’
The Department of Labour supplies two wage tables. They calculate the guidelines based on the amount of hours they work, as well as the area that you live in. For example, domestic workers who work less than 27 hours a week are paid a different rate to those who work more than 27 hours a week. Also, if you fall within a metropolitan area like eThekweni or Tshwane, you will be required to pay a little more than someone living in a rural area.
It is advisable that you discuss the various guidelines with your domestic worker and draw up an agreement.
For more information, contact your Clientèle Legal advisor or visit the Department of Labour’s website at: www.labour.gov.za.
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