I have been working shifts for the past 7 years, and I have been receiving my shift allowance. The company I’m working for now informed me that I would be working normal hours (operational requirement), which will mean that I will forfeit my allowance. My argument is that i have been receiving this allowance for so many years. When the company takes it away, then I would take a painful knock on salary. I have adjusted my lifestyle according to what I have been earning. I have suggested to the company with no success that: 1. Adjust my GTCE with at least 50% of my annual shift allowance. OR 2. Allow me to continue working shifts for at least 8 months. This will give me time to adjust my lifestyle to my new monthly salary. Do I have a case?

Answer:

No they have the right to change shifts and the allowance would only be applicable to the shifts. Thus if you are moved to normal hours you forfeit the allowance.

My father in law has been working in construction for a good number of years for the same guy though they’ve never made out a written contract. His employer has also never registered him for UIF. His employer has now not paid him since November and we would like to know what actions could my father in law do to ensure he gets his outstanding salaries without losing his job?

Answer:

I would raise an official complaint to the Dept of Labour for unpaid salaries and a case with the CCMA for unfair labour practice for failing to comply with legal provisions for employment contracts. However the employer will not be happy with this so I suggest that he approach the employer first and tell him that he has had specialist advice and wants his monies within 5 days failing which he has no choice but to file the cases.

I saw an e-mail in the receptions outbox in which it stated that the person conducting that service (me) no longer works for the company. I haven’t received notice of dismissal, or given notice. What are my rights regarding this matter?

Answer:

As nothing has happened I suggest you speak with a senior manager and raise the issue. Get the required clarity first before embarking on any actions.

Information is power.

If you working shifts and you get 6 days off for the month according to your contract. Your off day falls on a public holiday are you then entitled to another day? If you are scheduled to work and you get paid are you allowed another day off? what is the labour law for shift employees?

Answer:

Unless your employment contract states otherwise then if your scheduled day off falls on a public holiday then so be it. This is your off day. Law does not address this instance or state that you receive another day. I don’t understand your last query? If you are scheduled to work then you obviously will receive payment. Why are you then allowed “another” day off?

Our company requires that we work away from home and provide accommodation but expect us to pay for our food expenses, is that fair? Also we don’t have contracts and are afraid to ask in fear of loosing our jobs, some of us have families and cannot afford that. We also get paid very little, R60 per day for some from 7am till 4pm, is that a fair wage? We also don’t get days off unless we take them on our own and then we don’t get paid if we don’t come to work. We work 7 days straight and even nights during that period. Also if we bring a legitimate sick note we still do not get paid. Is there anyone we can report these matters to in confidentiality?

Answer:

You may approach the Dept of Labour and lodge a complaint. They will treat as confidential. What you have described is indeed unfair.

May 2010 I will be working from home for a year for my boss. I used to go into the office in a other town. We’ve moved last year August and he said its still fine for me working from home. I do go into town to see him once a week, to get new work and give him my works feedback. Im now pregnant and the baby is due mid July. What are my maternity rights? For how long may I take maternity leave by law in South Africa?

Answer:

Maternity leave is set at 4 months – 1 month prior to expected delivery & 3 months after. By agreement you may choose to return to work earlier than the 3 months. Your remuneration for this period is via a maternity claim through the Dept. Of Labour and is not the companies responsibility.

I started at this company in April 2009 in the filing department and after 3 months they made me permanent and I was moved to the call centre where i wanted to be. They are refusing to pay me the call center salary and I was told that the company could get someone else for the salary i am getting in the call center. They them hired two more people after me and they are getting a higher salary that I am getting and the one person is not even permanent yet. What can I do to get the salary that I am entitled to?

Answer:

Have a meeting with your manager first so as to get the reasoning behind what is happening. Don’t be scared to raise your concerns. If you don’t ask you don’t get! Failing which you may raise an unfair labour practice via the CCMA to address this matter correctly.

Our company requires that we work away from home and provide accommodation but expect us to pay for our food expenses, is that fair? Also we don’t have contracts and are afraid to ask in fear of loosing our jobs, some of us have families and cannot afford that. We also get paid very little, R60 per day for some from 7am till 4pm, is that a fair wage? We also don’t get days off unless we take them on our own and then we don’t get paid if we don’t come to work. We work 7 days straight and even nights during that period. Also if we bring a legitimate sick note we still do not get paid. Is there anyone we can report these matters to in confidentiality?

Answer:

You may approach the Dept of Labour and lodge a complaint. They will treat as confidential. What you have described is indeed unfair.

I am currently looking for other work but work the following hours 07:30am to 16:00 at my current company. I want to go for interviews but this is clashing with my work hours as I can’t go in my lunch because it is just 30minutes long. I work in Boksburg and am looking at work in Pretoria so it takes me at least 1 hour to get there for an interview. What should I do? What should I do, must I tell my employer that I am looking for other work?

Articles:

I suggest not telling your employer as they will then probably expedite the process. My suggestion is to try and set up interviews on a particular day then take a days leave or “sick leave” and conduct the interviews.

A close friend of mine applied for and was awarded an internal promotion. A contract was signed stating the new job title and change of working hours and salary and a date of commencement was in that document. Then the company said that due to ‘business requirements‘ the new post could not be taken up at that date, which has now passed, the salary and working hours have remained the same rather than was as stated in the document. This is due to no replacement being hired for her, even though there was a three month period in which to do so. Does she have any legal recourse and who could she contact?

Answer:

Contractually the company is bound to uphold the “new” terms and conditions. It is not her fault they have no replacement. Her recourse would be to file a breach of contract/unfair labour practice matter at the CCMA. She will have a strong case more especially if she has the new contract in her possession.

Remember however that they will not be happy bunnies if she goes this route and there will be flack of various depths.

She needs to maybe chat with them first and address the concerns as to gauge their response first.

Which percentage does UIF pay for a retrenchment and for how long?

Answer:

As far as I am aware you cannot claim for retrenchment via the department. This would be for termination of service and not operational termination.

1. Can someone at age 60 be employed full time and become a member of the pension fund?
2. Up to what age can someone be a member of pension fund?

Answer:

Yes – it would be for a limited period as dependent on fund and policy you will be pensioned at 63 or 65.

My wife and I are part of four managers running two resorts. The resorts have been sold as a going concern and with all employee’s 3 months ago. None off the managers have been paid for 3 months. Can we as management claim our salaries from the selling parties. We know that the final contract has not been signed.

Answer:

It would be the onus of the new owner to pay these salaries. You need to approach them immediately and demand payment. The transfer is called a section 197 and the new owners automatically become liable.

On a more serious issue, my boyfriend started at a new company in July 09, when he started and in his contract he is to be paid R10k a month, but on his 1st day on the job the manager told him he saw great potential in him and offered him a new position and upped his salary to 14k a month, since then he has received his 14k every month, but not had to sign anything for it and on everyone of his pay slips it says irregular payment. he has just phoned me to tell me they have moved him beck to sales(the original position he was employed to do, as the position he was in has now been made redundant) are they allowed to do this? i do understand on his pay slip it said irregular payment but for six months, that is hardly a irregular payment anymore is it? Any help with this would help.

Answer:

The company cannot merely reduce a salary without signed consent by your partner. Equally if the position became redundant they were to follow all prescribed retrenchment procedures.

He could lay a complaint with the department of labour,which is free,with regards to unfair unilateral reduction of salary. Always remember if he goes this route the company will not be happy bunnies and will most probably take it out on him. I suggest he talks with management first and state his concerns.

Answer:

There is no set period for qualifying for maternity benefits. You will follow normal prescribed procedures of leaving 1 month before delivery date and are allowed a further 3 months after the birth. You can ,by agreement,return to work earlier than that. Remember that compensation during this period is via maternity claims and not from company.