[Opinion] Minimum Hourly Pay VS time

[TheMerchantOfVenice]

With many companies implementing short time during Covid, can a new company begin operations at short time from the outset and continue paying per hour for time worked indefinitely? There may be 9 hours work available on some days and 5 hours work on other days. Staff is happy with this arrangement. Opinion would be appreciated.

[adrianh]

I think that it is very problematic for new permanent employees.

Existing permanent employees cannot be paid this way in the long term as far as I know. (I will be very surprised if permanent employees can be paid on an hourly basis in the first place)

I can't see how hourly wage earners could be unhappy (provided that they are declared as such in their employment contracts)

[TheMerchantOfVenice]

thanks very much, appreciated!

[adrianh]

thanks very much, appreciated!

It's just my 20c worth - please don't take it as Gospel.

Make sure that you get a copy of your employment contract.

I think that a lot of companies are abusing the Covid-19 situation and getting away with it.

[Dave A]

The thing that confuses me about the o.p is that "short time" is fundamentally a reduction from the normal working hours as set out in the employment contract in place.

If the employment contract sets out an hourly rate and only commits to 5 hours a day, or two days a week etc. from the outset, this is not short time. It is the basic conditions of employment for that particular employment relationship.

The question might arise as to whether additional hours over and above the basic commitment are actually overtime...?
You are going to have to pay close attention to the Basic Conditions of Employment Act.

[Blurock]

It is unfortunate that some employers do not show compassion in dealing with labour matters. They exploit any situation to its maximum. I have come across a factory that do not pay their workers for the period of load shedding. If load shedding last for 3 hours, that time is deducted from the worker's fortnightly pay. This does not apply to management and office staff though.

[Blurock]

When we started our manufacturing business, we employed 4 people who were paid less than the minimum wage, while we, as owners, did not get a salary at all. I am happy to say that these loyal employees are still with us after 7 years. They have grown with the company and today they are supervisors and managers in the business. Be open and transparent and never lie or take advantage of an employee. Loyalty comes from both sides.