[Question] Salary calculation issue

[bpiter69]

Dear All,
My employment contract, in one of its points, specifies the monthly amount of basic salary which is TCOE (total cost of employment) all inclusive. The field allowances is left empty in this point. The exact wording is as follow: "R XXX basic salary per month (TCOE all inclusive) and R ___ allowance (where applicable) before statutory deductions. Only the applicable statutory benefits will be deducted and applied."
The next points of the contract concern for example: bonus, housing allowance, medical aid etc. The point concerning bonus says "No bonus applicable" but the one concerning housing allowance says "The employee is entitled to a monthly housing allowance of R XXX per month".

The thing is that the amount of the housing allowance does not appear on my pay slip and was never added to my salary. Nevertheless in the system and in the documents I am receiving from HR (for example concerning the yearly increase) the amount of the housing allowance is part of the Cash Salary.

When questioned about the issue the HR responds that my salary is paid according to TCOE specified in the contract and does not include housing allowance.

My question to the Experts is: Can I claim the payment of the housing allowance based on the described above contract conditions?

Thank you in advance for all comments and advice.

Best regards,
Peter

[Dave A]

It is a contractual issue. Ordinarily when on an employment contract is based on total cost to company, you may have the option to have parts of it as allowances, but the sum won't be more than the agreed total cost to company.