[Question] No Leave, No Leave Pay

[ittech]

Hi Members,

I have a friend working at a company selling eggs. He is a driver and they work long hours. Some nights only arriving home at 2am the next morning. They don't get overtime and I'm sure they work more overtime hours then allowed by the law. He is not allowed to take leave and he doesn't get his leave paid out to him.

The last time he asked leave his boss asked him what he wants to do at home. The employees must also endure foul language from their boss.

What advice do you have for a person working in conditions like that. Can they claim the +-4 years holiday money they never got seeing they weren't allowed to take leave , can they claim all the overtime and can they claim a night shift allowance seeing they work so late.

[AndyD]

Is this guy getting a payslip that reflects his hours worked and tax paid etc or is he paid 'under the table'?

[ittech]

He is paid under the table. No uif and taxes. Paid cash. I'm sure the company can get in big trouble.

[Dave A]

Fair chance the "employer" is going to claim your mate is an independant contractor if things ever hit the fan.

[Maryna82]

If he is paid under the table, he probably doesn't have a contract either. In the contract it should say what leave and workinghours is permitted.
Its very risky to work without one, as the employee is not protected by a contract then or the conditions of service.
According to the General Labour Law Act (not sure if thats what its called), any permanent employee is entitled to 15 days annual leave.
He should discuss his predicament with the companies' HR dept and if he is a member of a union he should seek their advice as well.
Im concerned as to what will happen if he should be in an accident while working the long hours...will he be cared for by the company or abandoned...

[Dave A]

Im concerned as to what will happen if he should be in an accident while working the long hours...will he be cared for by the company or abandoned...

There's another very valid concern.

The question probably is what is the next step? Tip off the inspectorate at the Department of Labour?

[nkawit]

....any permanent employee is entitled to 15 days annual leave....

Just wanted to point out its 21 days "consecutive" days. Seeing as most people work mon-fri, that is 6 weekend days to minus off the 21 as they would not work those days.

I've seen a few companies get this wrong and give 21 days leave.