4 employees vs the boss

[league_of_ordinary_men]

One of the guy's wanted to know,he requested for some of his holiday leave on the 14th of this month and he wanted to know if he quits before his leave do they still have to pay him for the leave? And if he takes his leave and returns before the end of the month when his leave is finished and he quits before the end of the month and he doesn't work out his notice period can they have an excuse not to pay out his salary from the 1 to the 13th and the leave he took? And then one of the other guy's ask's if he quits can there be an excuse for them not to pay out the monthly deducted retirement fund?

[sterne.law@gmail.com]

Leave pay is part and parcel of a package therefore, whether fired or resigning, it must be paid out.
A bonus or 13th cheque may or may not be paid depending on the contract terms.
The salary worked must be paid, HOWEVER, what many company's do when notice is not worked is withhold leave and/or salary. Strictly speaking the non working of notice is breach of contract and they should sue civilly unless the employment contract has a penalty clause.
The retirement depends on the rules, it should not be with the company. Quitting would not be a reason to not pay, but there may be penalties for early withdrawal etc. For instance sometimes the company contribution may be forfeited.

[league_of_ordinary_men]

Leave pay is part and parcel of a package therefore, whether fired or resigning, it must be paid out.
A bonus or 13th cheque may or may not be paid depending on the contract terms.
The salary worked must be paid, HOWEVER, what many company's do when notice is not worked is withhold leave and/or salary. Strictly speaking the non working of notice is breach of contract and they should sue civilly unless the employment contract has a penalty clause.
The retirement depends on the rules, it should not be with the company. Quitting would not be a reason to not pay, but there may be penalties for early withdrawal etc. For instance sometimes the company contribution may be forfeited.

As far as I know the retirement is with sanlam fortuno,I have one of there contracts with me and my afrikaans is a bit rusty but the only part it mentions anything about with holding salary in the ending of employment section it says "Die werkgewer mag sonder enige kennisgewing of enige betaaling,in plaas van kennisgewing in geval van growwe wangedrag of oneerlikheid deur die werknemer,die knotrak beeindig" now as I dont understand the growwe wnagedrag part,I mean what exactly does it mean?

[Dave A]

Before panicking about what might constitute "growwe wangedrag", it's probably worth pointing out that the employer terminating the pension contract does not imply the member's interest in the fund is forfeited

And certainly, resignation wouldn't constitute a serious offence.

[league_of_ordinary_men]

Before panicking about what might constitute "growwe wangedrag", it's probably worth pointing out that the employer terminating the pension contract does not imply the member's interest in the fund is forfeited

And certainly, resignation wouldn't constitute a serious offence.

Thanks Dave these guys are just trying to get there bearings straight before they make a move.Is it the job of the employer to request that funds owed to the employ be payed out or does the employ have to request it him self from sanlam?

[Dave A]

The exact process of withdrawing or moving funds will depend on the fund rules. However, it can't be unreasonable. And if it is, I believe there's a fairly effective industry ombudsman that will step in to assist.

I certainly wouldn't count on the funds becoming available on short notice though. In fact it shouldn't feature as an issue in their short term planning at all (unless they're planning to retire in the next few months )

[sterne.law@gmail.com]

A direct interpretation indicates that the notice period to the fund will be waived for growwe conduct.

[league_of_ordinary_men]

So one off the 4 guys was accused of steeling stuff and the footage they have is a joke,the guy was pulling up his pants and they say he was hiding 4 cartons of cigarettes under his jacket and the best part is the boss gave him death threats and almost broke his nose.

[tec0]

So one off the 4 guys was accused of steeling stuff and the footage they have is a joke,the guy was pulling up his pants and they say he was hiding 4 cartons of cigarettes under his jacket and the best part is the boss gave him death threats and almost broke his nose.

Well you have the right to report any and all crimes and remember if someone attacks you it is a crime if someone accuse you falsely it is a crime. Never forget that you can act if you feel you must. The law is the law.

[CLIVE-TRIANGLE]

"Die werkgewer mag sonder enige kennisgewing of enige betaaling,in plaas van kennisgewing in geval van growwe wangedrag of oneerlikheid deur die werknemer,die kontrak beeindig"

You souties are struggling with this. It simply describes grounds for immediate dismissal without notice. Translated is says that if an employee is found guilty of gross misconduct or dishonesty, the employer may terminate the agreement without notice.

This is pretty much what any disciplinary code would say. It does attempt change the provisions of the BCOE which anyway makes provision for an employer to waive any notice period, but then obliges him to pay that notice period instead. It says "sonder enige betaling". This is contra the Act and will never fly.