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Thread: Half salary and no payslips

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    New Member Cornell's Avatar
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    Half salary and no payslips

    Hi all
    I am working as artisan at a quarry, i have signed a contract with the employer as everyone else but my work turned out to be not exactly what i was employed for.
    I was given a huge project which i completed under 3 months just before i have completed my probation at the company.
    I have learned that all the other employees are on the thumb print clocking system whilst i am just on normal clock cards. In the 3 months that i am with the company i have not once receive a single payslip, I have received 1 week's salary for the whole of December's work and in January i received a salary equal to 2 weeks.

    End of February has passed and i received only monies that were short paid to me in January, my salary for February remained unpaid.
    I have questioned this with the management and i was assured that there will be 2 payments made to my bank account end of February but received only one payment.

    I was also informed that i am employed on a cash basis and therefore i will not receive any payslips. My contract does not stipulate that i am employed on these conditions. I have no idea what deductions were made or the amounts of monies due to me. I have calculated roughly that my employer currently owes me around R 48000, 00. It is not that they cant afford me or having cash flow problems, their turnover is roughly R 1,5 million per month

    I am also the only employee they treat this way. I must also ad that since i have finished the project the behavior of my employer towards me have changed to a state that we do not communicate as we used to, at recent times after completing the project he will not reply to my mail regarding my unpaid and short paid salaries.

    Is there anyone that can help of have some knowledge is situations like these or similar?
    I am planning to resign due to these conditions and battles i have to go through.

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    Diamond Member AndyD's Avatar
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    Have you spoken to the CCMA about this? I'm not a labour law expert but as far as I know it makes no difference if you're paid cash or transfer or even cheque, you're still legally entitled to a payslip and the employer is legally bound to give you one every time you're paid. It sounds to me like there's something fishy with the different clocking in method so go speak to the CCMA.

    As far as your scope of works and job description goes it's difficult to comment without knowing the details of your employment contract. Do you have a copy of the contract?
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    New Member Cornell's Avatar
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    Good morning, no i did not receive a copy of it at all. I am employed as a Qualified Boilermaker (Metal fabrications) only.
    It is also expected by my employer that that i perform duties in the following disciplines for which i am not trained to do
    1. Qualified Mechanical fitter
    2. Qualified Rigger
    3. Qualified Welder
    4. Qualified Plumber

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    Quote Originally Posted by Cornell View Post
    Good morning, no i did not receive a copy of it at all. I am employed as a Qualified Boilermaker (Metal fabrications) only.
    It is also expected by my employer that that i perform duties in the following disciplines for which i am not trained to do
    1. Qualified Mechanical fitter
    2. Qualified Rigger
    3. Qualified Welder
    4. Qualified Plumber
    You have a legal right to your contract and the contract is e legal document. If they are withholding your contract that is illegal. You can ask for a copy. I would think you must go and talk to these people first
    ccma and Department of Labour

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    Bronze Member KristiKat's Avatar
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    You have a choice to either go to the department of labour yourself or get an attorney to speed up the process.
    “Curiousity is the discovery of satan, the devil was hidden and far, now he stares everyone in the face.” ― Michael Bassey Johnson There is evil! It's actual, like cement... I can't believe it. I can't stand it. Evil is not a view... it's an ingredient in us. In the world. Poured over us, filtering into our bodies, minds, hearts, into the pavement itself.

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    Bronze Member KristiKat's Avatar
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    If the breach is material, the employee may claim damages. Provided it is a material breach, the employee may also cancel the contract of employment.
    The employee may also claim specific performance. This was seldom granted in the past but is now considered an option.
    Finally, the employee may refuse to work, withholding labour until the contract is performed.
    “Curiousity is the discovery of satan, the devil was hidden and far, now he stares everyone in the face.” ― Michael Bassey Johnson There is evil! It's actual, like cement... I can't believe it. I can't stand it. Evil is not a view... it's an ingredient in us. In the world. Poured over us, filtering into our bodies, minds, hearts, into the pavement itself.

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    New Member Cornell's Avatar
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    Accommodation is with the employer which is included with the package of my contract including meals. Should i perform an action of withholding labour or take this up with CCMA or Labour court due to any reason whatsoever i could face some serious complications of being fired and evicted from the premises of my employer. I have seen similar actions being taken by the employer in recent past. I am originally from Cape town and we are based here in Idutywa in the former Transkei

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    Bronze Member Alice Rain's Avatar
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    I asked an 'Inspector' from the Labour Department, why IS THERE A LABOUR DEPARTMENT? Because my ex employer broke all the rules, but still they cannot do anything. They want me to run around, getting evidence for them? I don' have the means to do so. I am sure thousands of people either get paid less, or wait for wages, don't receive payslips and the list goes on. People are so desperate for their jobs that they just take all the crap dished out. If I could afford an attorney, I would go that route. All the best.

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    New Member Cornell's Avatar
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    I have recently heard that the local CCMA is on my employer's payroll, i decided that i will go to CCMA not in Butterworth but in East Londen and do my thing from there, then the question arises if i shouldn't rather appoint a independent Labour Law lawyer? What are the odds? I will have to pay that lawyer indeed but my chances on getting a fair ruling will be so much better i think.

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    Bronze Member KristiKat's Avatar
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    I don't think it is necessary to go to another CCMA,

    there is no such thing as an independent lawyer in LABOUR LAW cases,

    the CCMA will appoint a facilitator that can see if they can settle the matter between the two of you - yourself and the employer,

    to make him pay you before going to the LABOUR COURT as a last resource.

    contact the department of labour or get an attorney to do it for you.

    butterworth - 012 1220197

    i believe the function of your attorney would be to speak to the facilitator that acts as a arbitrator in Labour disputes.

    to state your side of the story.

    You can ask the labour dept if legal presentation is necessary...

    We do however in practice see that whenever people go for arbitration they are accompanied by their attorneys during the "quasi-trial" and procedure.
    “Curiousity is the discovery of satan, the devil was hidden and far, now he stares everyone in the face.” ― Michael Bassey Johnson There is evil! It's actual, like cement... I can't believe it. I can't stand it. Evil is not a view... it's an ingredient in us. In the world. Poured over us, filtering into our bodies, minds, hearts, into the pavement itself.

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