Advice regarding leave payout

T

TheGuy

Expert Member
Joined
Sep 14, 2009
Messages
2,974
Reaction score
19
Location
Jozi
Hi Guys

I recently resigned from my company and feel that my leave payout was not paid out correctly.

Firstly my leave was only paid out for 14 days and I can still see 11 days outstanding on the leave portal which they have not paid out. My yearly leave allowance has been 23 days for the last couple of years.

Secondly I was promoted last year into a new roll and my monthly salary increased quite a bit. I now see that they paid me out on my previous rate and not on the current rate.

I'm going to see them but would just like to know what my rights are or who I can contact to get some advice?
 
Leave is a legal right. If they paid it out incorrectly, follow it up for sure.
 
Drifter said:
No, it's not. It's a company perk.
Click to expand...

Not sure if serious....

It's not. It's part of your signed contract or at minimum BCE. If you are unsatisfied, raise a grievance. You are also fully entitled to a breakdown of the calculation. Keep in mind, leave pay could be pro-rated depending on when you leave ie: some companies withhold until after last day due to absconding.

If you have no joy, you can raise it with CCMA but get the facts first ie: calculation method and details and raise a the concern in writing. Until thats done, they can't really assist you externally.
 
Have a look at your employment contract and check there isn't a maximum amount of days you can carry ove or that is payable. This is to force employees to take the required leave.
Also is it not a prorata amount of days in the cycle?
 
Check if the company has a rule on the maximum number of days that they pay out. My company has lowered their limit from 30 to 15 this year and soon it will be 10.
 
It all boils down to your contract. In my case, I get zero leave. No work, no pay.
 
TheGuy said:
Hi Guys

I recently resigned from my company and feel that my leave payout was not paid out correctly.

Firstly my leave was only paid out for 14 days and I can still see 11 days outstanding on the leave portal which they have not paid out. My yearly leave allowance has been 23 days for the last couple of years.

Secondly I was promoted last year into a new roll and my monthly salary increased quite a bit. I now see that they paid me out on my previous rate and not on the current rate.

I'm going to see them but would just like to know what my rights are or who I can contact to get some advice?
Click to expand...

Are you sure that you didn't get nailed on the tax ?

I also got my payout and it ended up being about half because of tax. If you say you got paid at a lower rate it could be that those days were earned when you were being paid at the lower rate (ie last year)

If tax is the issue then you should get some of it back when you do your return as what probably happened is that your total salary is pushed up in to the next bracket and you get taxed at the higher rate for that month. When they average it out for the entire year you should actually get some money back.
 
The BCEA only makes provision for 15 days leave per year, your company policy may very well legally stipulate that you forfeit any days over the 15 days upon resignation - these days over and above are indeed a company perk.

You are entitled to request a calculation. Don't go in guns blazing. Tell them you are unable to get to the same result as they have, can they please explain to you how they got to the amount. Also be prepared to show them your calculations and how you derived at it being "wrong". It's very frustrating when someone tells you something is incorrect, but then they are unable to substantiate their claim by means of calculations.
 
Drifter said:
No, it's not. It's a company perk.
Click to expand...

You are wrong. Amounts are negotiable to a certain point, but fully paid leave of 1 day per 17 days worked is a legal requirement.
 
Like I said earlier, it all depends on your contract. I dont even get sick leave.
 
Drifter said:
No, it's not. It's a company perk.
Click to expand...
Lol just like your salary is also a company perk? If its is part of the agreement, employment contract or company policy you are entitled to it.
 
werfie said:
The BCEA only makes provision for 15 days leave per year, your company policy may very well legally stipulate that you forfeit any days over the 15 days upon resignation - these days over and above are indeed a company perk.

You are entitled to request a calculation. Don't go in guns blazing. Tell them you are unable to get to the same result as they have, can they please explain to you how they got to the amount. Also be prepared to show them your calculations and how you derived at it being "wrong". It's very frustrating when someone tells you something is incorrect, but then they are unable to substantiate their claim by means of calculations.
Click to expand...

This. I got less pay and respectfully queried it with the company I resigned at, and the pointed out that I technically did take 3 days off at the end, so I did get the correct amount paid out in the end.
 
Drifter said:
Like I said earlier, it all depends on your contract. I dont even get sick leave.
Click to expand...

No it doesn't. There are legal minimums, finish and klaar.

If you are working for a company in SA as an employee they are legally required to give you leave.

If you are a contractor, then its a different story.
 
Drifter said:
Like I said earlier, it all depends on your contract. I dont even get sick leave.
Click to expand...

You must be a contract worker because if you are permanently employed you get sick leave.
 
From my personal experience.

My previous company offered leave at a rate higher than what was set out in the labour law i.e. 0.5 days more (can't rem what the labour rate was back then)

So they only paid out the labour law rate, not the company rate. I also had quite a few days remainder, but those were the sum of all the 0.5's over the year.

In terms of the salary, yeah, that doesn't sound right, follow up on that.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X