‘Featured Questions’ Archives
Promotion »
Question: I work for a basic + com. I received a promotion a few months ago and in the promotion letter it states that I will receive 8% of total profit com on all my sales. Now he is misusing operational expenses from my 8%. Is this right/legal? (more...)
Legal Minimum of Annual Leave Per Year »
Question: What is the legal minimum of annual leave per year? As in how many days are you entitled to? Full time and also part time - 24 hours per week (0.6) (more...)
Hearing During Maternity »
Question: I have a hearing because I didn't make my budget during my maternity leave. What is the legal implications an where in the act can I find backup for my argument? (more...)
Gossip and Rumours in the Workplace »
Question: What is the correct procedure to deal with gossip or spreading rumors in the workplace? What is the correct term used for the above? (more...)
Company Closed Down – Breach of Terms »
Question: The construction company my wife worked for closed down. The employment contract states that they will pay out 4 (four) weeks severance pay for every year. She was employed for just over a year, so it boils down to about R7000. Is there an easy and cheap way to get the money out of them? Cause it certainly ain't worth it if we [...]
Breach of Contract »
Question: If I was found guilty of breaching my contract, but due to certain mitigation factors was not dismissed but instead given a final written warning and an unpaid 30 day suspension as a sanction.Can the company change their ruling of unpaid suspension to dismissal just because I referred the matter to a bargaining council. The [...]
Excluded from Meetings »
Question: The whole office was called in one by one yesterday and something was discussed with them, I was excluded from the news as my boss is currently upset with me for being booked off for 2 days by the doctor. Anyway after I asked around in the office I was told that we will have a salary cut and only work 3 days a week. So my question [...]
Restraint of Trade – Senior Staff »
Question: Is a restraint of trade applicable to all staff, or only senior staff? Can you be fired for not signing a restraint of trade? (more...)
Resignation »
Question: I was working at GroupM for almost 12 months. I handed in my resignation on the 24th of August and worked for 3 weeks after that. I had 7.5 leave days left. Yesterday I received my salary and it did not cover for the 3 weeks I have worked and the 7.5 leave days I had left. Have I calculated everything wrong or am I being robbed by [...]
Company Loans »
Question: What does the law state as far as personal loans made by employees from their companies? Is the company obliged to give loans? Can the Company charge interest and how much? Answer: A company should not be doing loans and/or salary advances at all. A suggestion is to contact a company called IEMAS who then registers the company [...]
Retrenchment or Salary Cut »
Question: We are facing retrenchment and an alternative has been put on the table for salary cuts with no guarantee that our jobs will still be safe after 3 months. can they force us to take the salary cut if we refuse as we had? Answer: No. This is being offered as an alternative. You either accept or not. If not they will continue with [...]
Business Conditions »
Question: My wives boss decided to terminate his business as he feels its not profitable anymore. He announced his intention just over 30 days ago stating verbally to all staff that he will have to "close down" if business conditions do not improve. As of the end of last week he started what he calls retrenchment and will only keep core staff [...]
BCEA – Am I Eligible? »
Question: BCEA - Am I eligible? I work twice the number of hours allowed by the BCEA and am on standby at night and may not leave my work premises during that time unless to fulfill my duties. This brings my total number of hours to almost 555 p/m with only one Saturday off a month. I have proposed to my employer that this is illegal. [...]
Reduce an Employees Salary »
Question: I am currently permanently employed in the IT industry. I was promoted and transferred, last year October, to the Eastern Cape as a Team Leader - I was previously a Field Technician in KZN, my salary was adjusted accordingly. As I was relocating I negotiated R5000 more than the standard Team leader gets in my company. Upon [...]
Leave Cycles »
Question: We have just had letters come round from our Head Office regarding our leave. Below is a segment of the letter please can you tell me if this is allowed or not? “Please be advised that your leave entitlement must be taken within the leave cycle (March – Feb). Maximum leave balance as at end February 2010 will be 15 days. Company [...]