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Rach1898 said:
I have been with a company for just under 3 years- in those 3 years have NOT signed a contract - unfortunately I had to resign immediately - they mentioned that they may need to deduct monies off my salary owed to me - can they do this?
Even though technically as I have not signed a contract stating I must give a certain amount of notice, I am not in breach of contract?
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Even without a signed contract the standard contract of employment as per the CCMA would apply.

Contact them (the CCMA) and unleash the dogs of war ;-)
 
Yes they can

For example the Gulag where I work you get 15 day's of leave a year, all of which are used over the December shutdown so come January you have minus 15 day's leave, if you then decide to buger off you would have to pay them 15 day's of your your salary.

Then again people just leave and ignore them, they spend thousands of Rands every month sending previous employees threatening letters from the lawyers, costing them much more than they would recoup if the person paid their leave days when they left.
 
The law doesn't require you to sign an employment contract. The Basic Employment Act applies: worked there for more than six months? Four weeks notice period is required.

Unless you come to some sort of agreement.
 
OCP said:
Even without a signed contract the standard contract of employment as per the CCMA would apply.

Contact them (the CCMA) and unleash the dogs of war ;-)
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Hamster said:
The law doesn't require you to sign an employment contract. The Basic Employment Act applies: worked there for more than six months? Four weeks notice period is required.

Unless you come to some sort of agreement.
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Correct @Hamster.

I wish people would start realizing that first of all the CCMA is not this incredibly scary monster that employers are trembling at the sight of.

And secondly the BEA applies to BOTH parties involved.
 
Rach1898 said:
The company is claiming that they can deduct 2 weeks pay from my salary for not working a notice period. Yet I have not seen this stated in the basic employment contract. And have not heard of this before?
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You're not allowed to leave without a notice period. Of course they don't have to pay you for when you don't work.
 
Rach1898 said:
The company is claiming that they can deduct 2 weeks pay from my salary for not working a notice period. Yet I have not seen this stated in the basic employment contract. And have not heard of this before?
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Sinbad said:
You're not allowed to leave without a notice period. Of course they don't have to pay you for when you don't work.
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Ok let's clarify since there may be confusion:

If you work for a whole month, you get paid as per usual.

They cannot subtract pay from that month's salary for upcoming notice period that you MAY not work.

So if you walk out the day after pay day, you are OK in those terms.

I am not discussing ethics here, please note.
 
Rach1898 said:
I have worked until the end of the month. But according to this - https://www.labourman.co.za/employer-rights-when-employee-does-not-give-notice/ - they are not allowed to deduct any money from my salary unless it was stated in their contract that if I do not work the notice period they can deduct it from my salary. If they wish to get that money back they would need to sue me in breach of contract.
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When is your payday?

I have worked until the end of the month
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When was this?
 
Give notice. It is a fair towards the employer and the right thing to do. You don't want your employer to tell you, sorry, you don't have work from tomorrow, so don't do that to them.
 
Unless stipulated in a contract, they can't legally deduct wages for the days you have worked. If they did then the CCMA will just tell them pay you. I personally don't burn bridges because you never know where you will be in a few month's time. In farming it's normally 2 months notice for managers. And everyone knows everyone else. So you have to be careful.
 
So you are paid on the 25th and you are now leaving before proper end of the month? In that case yes they are entitled to deduct the rest of the month pay you aren't going to work. Remember even though you're paid 25th, you start employment on the 1st so on resignation you're supposed to work until the last day of the month unless you resign mid month and end the next mid month to make a full month. You'd of course only receive part pay in your last month in a case like that
 
Rach1898 said:
T
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Pay day is on Monday 25th.
This was on Saturday. 23rd.
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That would mean you owe them the last few working days of the month. They pay you until the last day and you stopped working 4 working days short. Bit unethical to wait until payday to resign, looks as if it's planned to screw them over.
 
Jaws677 said:
Thats is not correct.

15 days per years means you get 1.25 days per month worked. When you get back in January you start on 0 days leave. Every month worked accumulates 1.25 days leave. When December comes you will the have the required 15 days.

If you resign in July as example without taking leave prior to that they will owe you 8.75 days of leave that should be paid out
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i agree with this, unless say for example the person starts in July, then when he comes back in Jan he will owe leave for example....
 
gamer16 said:
Yes they can

For example the Gulag where I work you get 15 day's of leave a year, all of which are used over the December shutdown so come January you have minus 15 day's leave, if you then decide to buger off you would have to pay them 15 day's of your your salary.

Then again people just leave and ignore them, they spend thousands of Rands every month sending previous employees threatening letters from the lawyers, costing them much more than they would recoup if the person paid their leave days when they left.
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Wtf this is so wrong.
 
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