Advice needed for work situation.

[desiganp]

I have met many people that have not signed any contract whatsoever...
I question this all the time and all they say is that they are going to talk to HR.

It's not required to have a written contract. At worst this is a verbal contract situation.

 

[noxibox]

He could quit, but has to consider the possible need for references. If there is abuse he needs to collect evidence of this as he may need to use it against the employer later. If the facts are correct they're attempting to engage in constructive dismissal, probably to avoid their legal obligations. If that's the case they're slimy scum and deserve to be taken down. If they're having financial difficulties, not employing sufficient staff and work conditions are poor, then your simplest option is to start looking for something else and subtly encourage other people to do the same, making sure you stay within the parameters of the law. Let their business sink. But you'll still need to solve the references issue. There are plenty of businesses out there that are complete asses, and many that turn into asses when their finances turn sour.

Don't work overtime without pay. They cannot force you to work overtime and cannot terminate your employment for refusing to do so without compensation.

If I was in a situation like that I'd be looking for another job and lining up some alternative references. Sure there's a certain entertainment value in screwing with an employer who is a dick, but ultimately if the situation is not really going to improve, unless the work is very interesting, it is easiest to get away from them. I'd just make sure they paid me out all money they owed me, including leave. Note it is illegal to take leave during a notice period.

Exactly my point. If he doesn't have a contract, technically he can't resign right? He's just a paid volunteer, or some such. Probably need to ensure that tax is being paid on his behalf, which would imply the company has at least given him an employee number or something.

Anyway, with no contract I'm pretty sure he can just walk out, which he'd clearly have done by now if work was unbearable if he'd wanted to. Working without a job contract is risky as hell ... I'd love to know how that's covered by SA Labour Law, and whether there is any protection granted in that case at all.

No company contract means the terms specified in law take over. You always have a contract, either one provided by the company or that provided in the law, and employers have received a well-deserved nasty surprise when they try to summarily terminate an employee claiming no contract exists.

It's not required to have a written contract. At worst this is a verbal contract situation.

There is a written contract. By not providing their own contract the employer agrees to be bound by the terms specified in labour law.

 

[noxibox]

I have met many people that have not signed any contract whatsoever...
I question this all the time and all they say is that they are going to talk to HR.

Companies are themselves taking a big chance not having their own contract in place. It means they're accepting the labour law as their contract and they're employing someone who has signed no confidentiality agreement. In the old days not having a contract put the employee in a very risky position too, but the law has changed.

 

[TelkomUseless]

Now, it is getting ugly, the company has lost a few big clients, money is short and the pressure is on him to perform. They are now bullying him, raising voices, ostracising him, constantly saying he is not performing.

?

Happened before. Just leave the company. They are looking to get rid of people (cheaply)..

 

[stixx]

Anyway. If your friend is any good at his job then just jump ship - it should be easy to get a job if he has skills. I was in a job 2 years ago that made me utterly miserable, turned me into a real prick, always moody etc. I learned then that life is too short to be miserable at something you will potentially be doing everyday for a long long time.

Find a place that makes you happy and that you are comfortable at. If you don't you won't produce your best work anyway. Why would anyone want to stay where they aren't wanted?

Tell him to start interviewing for other jobs in the meantime. Once he gets an offer leave the current job ASAP. If he can't find another job then you can confirm that he doesn't have skills and then indeed the employer is correct. Either way they should be encouraging him to grow and learn more, not make his life hell.

This ^^^ If your friend is worth his salary he will look for another job. There are plenty of jobs out there if you are skilled. I see too many people get stuck in a bad job/organisation and are too afraid to leave for whatever reason. At the end of the day a job is just that, a job. If I am going to be insulted and disrespected at my job I will tell the manager to take the job and put it where the sun doesnt shine. Just because they pay us, it doesnt mean that we are to be used and abused.

 

[TelkomUseless]

Well the one thing I have learnt with companies that are either losing clients or in financial difficulty is that there will always be a staff member made to be the scapegoat. I recently resigned from a company with a similar situation.

I had similar in the past...

 

[froot]

Exactly my point. If he doesn't have a contract, technically he can't resign right? He's just a paid volunteer, or some such. Probably need to ensure that tax is being paid on his behalf, which would imply the company has at least given him an employee number or something.

Anyway, with no contract I'm pretty sure he can just walk out, which he'd clearly have done by now if work was unbearable if he'd wanted to. Working without a job contract is risky as hell ... I'd love to know how that's covered by SA Labour Law, and whether there is any protection granted in that case at all.

Because a verbal contract is just as valid as a written contract.

 

[Sonic2k]

I have been in this situation before.
I worked without no contract and they also came with similar crap
2nd week into the job I searched for another so all that I did was when they paid me I just walked out and never went back.
Now let me tell you that was a crap company and possibly the crappest job ever.

I even asked for a contract several times to this day I am still waiting....

 

[CamiKaze]

I have been in this situation before.
I worked without no contract and they also came with similar crap
2nd week into the job I searched for another so all that I did was when they paid me I just walked out and never went back.
Now let me tell you that was a crap company and possibly the crappest job ever.

I even asked for a contract several times to this day I am still waiting....

Worse than MWeb Parow?

 

[rza]

Ok, so I have a friend who was hired as a mid level developer.

Everything was going well until his boss started to mention that he was a senior developer and was not working as fast as he should.
They had a few meetings with him to tell him he was working a bit slow.

When he was employed it was made clear from both sides that he was mid level, however no letter of employment was drafted nor any type of employment contract given to him.

He was given an employment contract a year after hire stating that he is a senior developer and also needs to do functional and analysis work. He has not signed it.

Now, it is getting ugly, the company has lost a few big clients, money is short and the pressure is on him to perform. They are now bullying him, raising voices, ostracising him, constantly saying he is not performing.

What can he do? Should he just resign and leave or tough it out. From what I can see they are trying to get rid of him, that is why they are pushing the senior dev card, knowing he will not be able to perform and therefore be able to terminate employment

Any advice?

My two cents, not in particular order:
1. Tell your friend to record the occassions where he is being abused. He can then institute a CCMA case for unfair discrimination (harassment). If he wins the case then he can get up to a maximum of 24 months compensation.
2. He should send an email to the company and make it clear to them that he was hired as a mid-level developer and not a senior developer, as such the company should stop referring him as a senior developer and requiring him to perform as one. He should also demand an employment contract with performance indicators to clarify his employment expectation.
3. He can lodge a grievance against his manager for the way he is being treated. This is very important as it will show an audit trail of harassment and abuse. This he has to do asap.
4. If all else fails then he resigns and lodge a case for construstrive dismissal coz that's exactly what they are doing. But for that to succeed then he needs to start documenting and recording things to strengthen his case.

 

[Sonic2k]

My two cents, not in particular order:
1. Tell your friend to record the occassions where he is being abused. He can then institute a CCMA case for unfair discrimination (harassment). If he wins the case then he can get up to a maximum of 24 months compensation.
2. He should send an email to the company and make it clear to them that he was hired as a mid-level developer and not a senior developer, as such the company should stop referring him as a senior developer and requiring him to perform as one. He should also demand an employment contract with performance indicators to clarify his employment expectation.
3. He can lodge a grievance against his manager for the way he is being treated. This is very important as it will show an audit trail of harassment and abuse. This he has to do asap.
4. If all else fails then he resigns and lodge a case for construstrive dismissal coz that's exactly what they are doing. But for that to succeed then he needs to start documenting and recording things to strengthen his case.

step 2 is crucial. If you don't do it the CCMA won't be able to do much for you

 

[MrGray]

Bottom line is that there seems to be a huge gap in expectations between what the company expects of him, and what he feels he is capable of delivering. They need to talk it out. And if the company isn't reasonable, then leave.

 

[Neoprod]

Walk away. Once things go down this path, I've never heard of it improving. If all the OP says is true, the company has a toxic work environment and educating people out of it is impossible...there will be fights around performance reviews, annual increase time, whatever bonus structure is in place, basic things like leave, sick leave etc.

This place doesn't deserve honest labour (again, if all the OP claims is factual).