Question:

My fiend has been employed at a recruitment company for 5 months. She had to sign a contract stating, amongst other things, that she would have to pay back training fees if she leaves within the first year. This included airfare, accomodation and her salary for the amount of days she was in training. This comes to quite a hefty amount. The working environment is so unpleasant that she now wants to leave. She was informed that should she resign they would take her whole final salary plus leave pay and she would have to sign an acknowledgement of debt for the rest. Apparently they do this on a regular basis, as there is a high staff turnover. They have now locked her in and should she not meet her required targets they made it clear that they would get rid of her, which would be soon in the current economic climate. She does not want a dismissal on her name. She would not be able to survive financially should they take her whole salary as she has a bond, car payment etc…Is it legal for them to take her whole salary? What should she do?

Answer:

A few things: If she has already signed a reimbursement agreement for training costs then they have the right to recoup such costs from any salary due only. Such signed agreement is an acknowledgement of debt. They cannot touch her leave pay as this is a statutory payment and must be paid out by law. If she has not signed any agreements then they may not take a cent without her written signed consent. She is equally not forced to sign any acknowledgement of debt. If her monies are kept without her signed consent she may lodge a case at Dept. Of Labour for non payment. This is a free service and they will ensure any monies due are paid out. Thing is I am unaware what she has signed or not signed so cannot advise much further.

Helpful Resources … Dig Deep