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Thread: How's this for size?

  1. #1
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    How's this for size?

    A kid I know, got conned into signing a contract for a job.
    Terms of employment - work hrs 6am to 4pm 10 hrs but paid for 8hrs only. Hours are compulsory and lunch and tea times are frowned upon.Daily overtime is a norm.
    No overtime pay at all - Standby 24/7/365 (he is the only electrician for 4 plants , another thing he wasn't told)He however does get a R100.00 a day standby allowance.Yes R100.00 and once again no callout or overtime pay.
    No bonus or 13th cheque or any other form of incentive
    And , if he resigns within 2 years he has to repay the Personnell agent's placement fee
    This is a very large company , but, the director/owner is a bit of a weirdo
    Think he has an escape anywhere? I have a copy of the contract if anyone wants to see it
    Bruce

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    Platinum Member sterne.law@gmail.com's Avatar
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    You can not contract outside of the law, that is I can't agree to unlawful terms.
    Even if I wanted to work 10 hrs a day, at normal rate, not overtime rate, it's a no can do.

    're, the fee, this has no specifically been included in the new amendments, as a no no. It's also a somewhat unusual term in that ordinarily the agency agreement with the employer is if the applicant does not work out, within xyz months, then the agency must replace.
    Further, the employers contract is with the agent. The employee has a contract with the agent to place at no cost). On this basis that term will probably not withstand further scrutiny. I also presume that your friend did not agree to this term, and it merely popped up.

    The real question is, does your friend want the job, but at lawful rates and terms, and that which was agreed to, or does he want to walk away?
    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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    AndyD (12-Feb-14), greasemonkey (11-Feb-14), tec0 (11-Feb-14)

  4. #3
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    Thankyou for the info, I guessed as much, but it is good to hear it from a qualified person
    He's walking but they will catch someone .

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    Okay, it now transpires he has signed the contract before he left, what options does he have and if he can fight it , does anyone have a contact for a lawyer? They have retained his notice period pay until he signs receipt for the invoice. Can anyone hazard a guess as to how much the invoice will be for?

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