Question:

my company changed our pay structure 6months ago and have been saying they will be giving us new contracts all this time, but every time they make a deadline for us getting these contracts they change it, but this is not why I am writing to you, I am writing to you because my managers have warned us that we might not want the new contracts and was wondering were I stand if I do not agree with something on the new contract, can they fire me?

Answer:

A company cannot make any changes without consultation and mutual consent from the employee. Equally they cannot unreasonably force you to accept the new contracts. If they tried to fire you they will be doing so in order to enforce unilateral changes to terms and conditions which means you would have a strong claim against them at the CCMA. Remember once you sign and accept the new terms they win and you have no choice.

Second Question:

Thank you so much for this site! It is so very helpful! and thank you for taking the time to answer all the mails you receive!

I have a a problem! My boyfriend is having some problems at work, he is a Landscape architect and has been working for a very large company for 6months now. The first few months was great, he worked directly under the MD and they ran a garden TV show together, as of last month the show is now finished and commence next year sometime again. In the meantime they have moved him to sales, which is great as they keep telling him about how much commission he can earn, but they seem to have lumbered him on a site to fix other peoples problems, he works till 7/8 at night and starts at 7 in the morning, he sometimes works through the night just to get the job done as he works with very strict deadlines, about a month ago he was put on a project known as Mushroom park, this was a huge mess and Chad was the only one in the office with actually site experience and therefore he was took the job on the bases that at the end of it he would be given 15K as a reward.

He has worked every weekend non stop since he took this on, and asks for nothing in return, he has also now resigned to the fact that they are not going to give him the 15K because the client relations manager keeps telling him he is will not receive it (she has a grudge against him as the MD now thinks he is wonderful and not her).

This company expects him to work non stop overtime and does not pay anything for this nor do they give him time off! they promise him time off and then the day before tell him he cannot get it anymore! I feel his is being unfairly treated and I feel he is being victimized by the Clients relations manager. I told him to talk to his MD but he is convinced the MD will take her side and make his working environment even more stressful! I don’t know what to do anymore, he does not sleep, he does not eat, he takes everything as personal reflection on himself, even when they do not provide him the equipment/staff and vehicles he need to get these projects done. and during this is still expected to do all the designs and do sales and meet targets.

Please any advise would be appreciated! I feel his company is abusing and taking advantage of his good nature, is it legal to put people under so much pressure? I am sure he is going to have a stoke or heart attack at the age of 25 and I don’t know what to do, please help!

Second Answer:

Unfortunately I have been tied up on a longer matter in Cape Town for the last 2 months and have only recently returned. In saying this I will respond and hopefully my advice is still valid within time frames.

Firstly no questions are stupid if asked in an uninformed manner. Labour law is quite simple in that it prescribes working hours. No person can be expected or forced to work more than that. Currently he should not be working more than 45 hrs per week with a maximum overtime of 10 hrs per week. Equally the 10 hrs are to be paid at prescribed overtime rates. He can choose to work more overtime but they will have to pay for such.

Again the company has to provide all essential tools and equipment necessary to get the job done. I suggest he talks with the MD and tells him that he has chatted with a labour specialist who he met at a friends braai and is concerned as he is now aware of prescribed working hours and overtime rates. Further that he believes that his current hrs and conditions are excessive and that he will in future work only the hours required. He is to ask that his overtime is paid accordingly. They cannot do anything legally against him for this.

If he does not ask or raise the issue it will never be resolved and he will end up burning out mentally and physically. If they are aware he has an informed “friend” in labour law they will think twice before doing anything rash.

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