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Thread: employment contracts

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    employment contracts

    Can you please help me urgently. I have been employed with a company since 01 April 2003. I signed a contract with no end date. I have suddenly been given a contract to sign for a 2 year period. In the period I have worked for the company, I was promoted to manager. Can they suddenly change my contractual period without any changes to the company? Please advise me.

    Kindest Regards

    Mike Bekker

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    Diamond Member Justloadit's Avatar
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    I stand to be corrected, since you have been employed for more than 3 months, you are regarded as a permanent employee, and there for can not be asked to sign a new contract.

    I suggest that you seek out a a labour lawyer, who will look at your circumstances, and advise you on the correct procedure.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
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    Thank you for your prompt reply. I will take this matter further.

    Kindest regards

    Mike

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    Silver Member geraldenek's Avatar
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    do you work in government of private sector?
    Geraldene Kapp
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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by scarborough.security View Post
    I have suddenly been given a contract to sign for a 2 year period. In the period I have worked for the company, I was promoted to manager.
    Hi Mike,

    Just following the possible promotion angle - Is the new contract related to a new position/promotion in the company?
    Last edited by Dave A; 28-Sep-11 at 01:20 PM. Reason: typo
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    The contract of employment which was open ended cant be changed to a fixed term contract. This is obviously a substantial and material term of teh contract.

    If there was a promotion that brings about new terms and conditions, however the employment remains continous. In this situiation there would be a lot more involved but the company would need to be able to show that the new position warrants a two year contract instead of a fixed term. An example is where a big project comes about and the employee is offerred the position to project manage the project. The employee then chooses to take the new position, presumably with substantial financial benefit, and new terms and conditions are negotiated.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Dave A (28-Sep-11)

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