Employment issues advice

[StickyTape]

Good day folk of myBB

I need some advice on some issues I am having with my employer. I will list them below and then continue with my predicament

1. In August, I have worked 274 hours in total for the month. I have only been paid for 249 hours according to my payslip. That is 25 hours short. 10 of which is meant to be time and half and the 15 hours remainder was double time. The email I sent in August querying this issue was not responded to and no feedback was given up until this day.

2. When I signed my contract in my meeting with the CEO, I was told "195 hours is normal working hours, anything above that is one and half times the hourly rate, and Sunday is double time no matter what". This was told to my colleague and I prior to signing our contracts. The contract was signed based on the verbal agreement (I overlooked this at the time, my fault)

-In September, Sunday time was subtracted and used for normal time, which was not agreed upon and was done so without my knowledge prior to making this change. (In July, Sunday was regarded as double time on my payslip, as well as August. This shows that they made the change in September only, and also without informing us)

-In October, a document was given regarding shift work, claiming Sundays will not be double time and regarded as normal time, there was no meeting to discuss this, and we are being forced to sign a document which we do not agree with. This is normal practice for shift work, but it is not what was agreed upon when signing the contract is the issue, and also the fact that it was implemented in September without our knowledge is also an issue and this document appears to be a way to cover up a breach of contract.

3. We weren't being paid a shift allowance, the document mentioned above has no mention of including a shift allowance, upon requesting a review of the document to include a clause of shift allowance and the details, we were told to sign it regardless. No meeting was held to discuss any of this therefore I refused to sign this document

4. In September, I was paid a shift allowance of approximately 2% of my salary, this amount was not agreed upon by either of the parties.

5. Due to a lack of staff, my colleague and I (the only 2 shift operators), are forced to work night shift only, we only work day shift during weekends when the supervisor is off. We are given a choice of working 8 hour night shifts with no days off for the whole month. Or 15 hour night shifts with occasional days off and to add to that we work up to 280 hours a month. (We work 15 hour night shifts because we need the time off to see our families). Please note that regardless of working 15 hour shifts and up to 280 hours a month, we still aren't being paid a shift allowance.

6. Upon requesting to meet with management do discuss all queries. We were rejected, being told we were told we cannot go to the head office nor will management come to site for a meeting. This is on going from August 2017

Please keep in mind that I recently graduated and I only have about a year of experience, so finding a new job is a option but will be slightly difficult due to a lack of experience. This is my first job in my field of study and its is a permanent position which I started in May 2017. A rough ballpark figure on how much they owe me is about R25k plus (this includes all the shift allowances, based on a 15% allowance, dating back to May 2017 and the overtime mentioned in point 1 above). This is a lot of money, more so for me since this is my first proper job and Im still in the phase.

Another deciding factor, without giving too much info on the company, the technology used on the plant is a first in the country. There are only 4 people trained to operate this equipment. Me being one of them, 1 plant engineer, 1 plant manager and 1 other operator. The engineer and manager do not work shifts. It is only the other operator and I on shifts (in point 5 above). If I were to be dismissed or find another job then resign, they will struggle to find and train a replacement without any downtime.

Please advise on what I can do, or what I should do.

 

[shooter69]

Depending on the kind of money you are making I would probably look for another job.

 

[StickyTape]

Only the mods know who I am since this is an alias account, so I can mention my salary, I earn R17500 gross, with a salary review coming up soon. I honestly have no hopes for that since these people are trying to shaft us around every corner. This is far better than the starting salary my friends got elsewhere and also most of them are on contract positions with hopes of a permanent position next year.

 

[Tman*]

Go to HR, if local HR is not effective, go to HQ HR. Keep written records of everything, including the requests with management to discuss issues.

The only other choice is go the the CCMA, which will have some other nasty repercussions, or find another job, then resign then take them to CCMA.

I cant see how anyone would want to work 274 hours a month. thats nearly 14h a day average.

Your argument about being the only person who can operate the system you can forget about. If you are not in a position now to use that as leverage to some extent to get what you deserve, what will change so that you can use that to your advantage in the future? Seems like you work for a bunch of scumbags. Get out.

 

[StickyTape]

Go to HR, if local HR is not effective, go to HQ HR. Keep written records of everything, including the requests with management to discuss issues.

The only other choice is go the the CCMA, which will have some other nasty repercussions, or find another job, then resign then take them to CCMA.

This is part of point 6 in the OP

They do not want us to go to the head office. Also there is no HR department as such, all HR related matters go to the CEO and directors and they handle it directly. I have written records of everything, ready for a meeting with the management yet they claim to be too busy to handle our issues

I cant see how anyone would want to work 274 hours a month. thats nearly 14h a day average.

We work 15 hour nights and 12 hours on weekends. Its s**t and when I opted not to work 15 hours I was told I would be "charged" by my supervisor. Not sure what that means but I left it at that

Your argument about being the only person who can operate the system you can forget about. If you are not in a position now to use that as leverage to some extent to get what you deserve, what will change so that you can use that to your advantage in the future? Seems like you work for a bunch of scumbags. Get out.

I told my supervisor and he understands because he works with us on a daily basis. He tries to tell the upper management but they don't give two hoots. They battle to understand common sense and all forms on logic, even in numbers. I'm waiting for the right time to leverage this.

I have already started looking for another job but that wont always appear as fast as I hope

 

[durbandave]

This is part of point 6 in the OP

They do not want us to go to the head office. Also there is no HR department as such, all HR related matters go to the CEO and directors and they handle it directly. I have written records of everything, ready for a meeting with the management yet they claim to be too busy to handle our issues



We work 15 hour nights and 12 hours on weekends. Its s**t and when I opted not to work 15 hours I was told I would be "charged" by my supervisor. Not sure what that means but I left it at that



I told my supervisor and he understands because he works with us on a daily basis. He tries to tell the upper management but they don't give two hoots. They battle to understand common sense and all forms on logic, even in numbers. I'm waiting for the right time to leverage this.

I have already started looking for another job but that wont always appear as fast as I hope

I think what makes your situation particularly difficult is as you mentioned the software they use is not used anywhere else in the country. This might strengthen your argument with the company in question, however if this software is the skill and experience being stated when looking for another job, it makes it difficult for you, as if there is only one company using it, there will be no demand for it in the job market.

As mentioned by other posts, route to go is via HR, and then if necessary to the CCMA. I would also ensure that nowhere in your contract does it allow the company to change these hours without consultation, otherwise the case is over before it starts.

 

[StickyTape]

I think what makes your situation particularly difficult is as you mentioned the software they use is not used anywhere else in the country. This might strengthen your argument with the company in question, however if this software is the skill and experience being stated when looking for another job, it makes it difficult for you, as if there is only one company using it, there will be no demand for it in the job market.

As mentioned by other posts, route to go is via HR, and then if necessary to the CCMA. I would also ensure that nowhere in your contract does it allow the company to change these hours without consultation, otherwise the case is over before it starts.

Its not the software as such, its pretty straight forward software. Its the control of the plant units and what it requires. Although you are correct in saying that my knowledge might not be useful anywhere else.

My contract says "an average of 45 hours per week in shifts as determined by managaemnt and may be altered from time to time". I would assume this is regarding the shift roster being changed. In the overtime clause of the contract there is no mention of a change of times and rates without consultation, but in the same breath the BCoE act states that changes cannot be made without consent and the act trumps any contract IIRC

 

[Venomous]

I seem to recall there is a max cap on hours/overtime by law.

 

[StickyTape]

I seem to recall there is a max cap on hours/overtime by law.

There is, it's 10 hours per week.

These people seem not to care, we have requested more staff numerous times. Management says 2 people are enough to run 24/7 shift. I even showed my supervisor they will save money by employing 1 more person instead of paying the current 2 people so much overtime.

They battle to understand common sense and all forms on logic, even in numbers

I honestly cannot fathom how a CEO can be so blind to logic, yet they see removing our Sunday time as double time as a cost saver

 

[Venomous]

But they are not paying it and that is why you are here asking for help, so it costs them less.....

 

[durbandave]

There is, it's 10 hours per week.

These people seem not to care, we have requested more staff numerous times. Management says 2 people are enough to run 24/7 shift. I even showed my supervisor they will save money by employing 1 more person instead of paying the current 2 people so much overtime.



I honestly cannot fathom how a CEO can be so blind to logic, yet they see removing our Sunday time as double time as a cost saver

In reality getting your overtime bonus is only going to help for a short time. I have been where you are and also had great experience in a skill not really used elsewhere , stuck with a horrible company.

Job satisfaction is key to enjoying what you do. Without that every job would be horrible.

In my situation I left the job similar to yours and effectively started over. It is never to late to start over. A few bad jobs along the way and I am now working in a fantastic company which is the complete opposite of where I started. I know enjoy my job. Get to see the world as part of and get on well with all my bosses and colleagues. I have already grown within the company in the short time I have been there and see more opportunities for growth soon.

 

[SauRoNZA]

This is part of point 6 in the OP

They do not want us to go to the head office. Also there is no HR department as such, all HR related matters go to the CEO and directors and they handle it directly. I have written records of everything, ready for a meeting with the management yet they claim to be too busy to handle our issues



e

Of course they don’t because that way they get away with all this.

So HQ is exactly where you should go.

But if the CEO is in charge of everything then he is probably at HQ.

Has the CEO told you any of this directly? If not he probably isn’t aware of it and he/she is exactly who it should be mentioned to.

There are a number of legality and HR issues here.

If necessary speaking to an external objective HR party might be necessary.

 

[Kosmik]

Even working shifts, Sunday is compensated higher than normal, even if just time and half.

 

[wolverine_dcp]

Where you based ?

 

[StickyTape]

Of course they don’t because that way they get away with all this.

So HQ is exactly where you should go.

But if the CEO is in charge of everything then he is probably at HQ.

Has the CEO told you any of this directly? If not he probably isn’t aware of it and he/she is exactly who it should be mentioned to.

There are a number of legality and HR issues here.

If necessary speaking to an external objective HR party might be necessary.

He has not told me any of this directly, today I however asked for a written confirmation regarding my issues. Whether I get it or not is another story on its own. I was advised to contact the labour department, I will get my ducks in a row before doing that

Even working shifts, Sunday is compensated higher than normal, even if just time and half.

This is correct. The document mentioned above in point 2.2 states that they will pay one and half times yet in September they subtracted my Sunday time as Double and paid as normal hourly rate (only 15 hours of the 60 somewhat hours I worked on Sundays in September)

Where you based ?

I will PM you, if I mention it here it will be easy to figure out what company this is

 

[Slootvreter]

Depending on the kind of money you are making I would probably look for another job.

R25k for the outstanding 25 hours does not sound too shabby.

 

[SauRoNZA]

He has not told me any of this directly, today I however asked for a written confirmation regarding my issues. Whether I get it or not is another story on its own. I was advised to contact the labour department, I will get my ducks in a row before doing that


is

Then it sounds to me like someone is hiding these practises from the higher ups to make themselves look good.

If your boss isn’t working for you then go to this boss. If that boss isn’t working for you go to his boss.

Rince and repeat.

If you know the CEO personally just go directly to him with your concerns.

You stand to lose nothing.

 

[StickyTape]

R25k for the outstanding 25 hours does not sound too shabby.

Incorrect. There is 6 months worth of shift allowances in the outstanding amount, as well as the 25 hours.

Then it sounds to me like someone is hiding these practises from the higher ups to make themselves look good.

If your boss isn’t working for you then go to this boss. If that boss isn’t working for you go to his boss.

Rince and repeat.

If you know the CEO personally just go directly to him with your concerns.

You stand to lose nothing.

My boss reports to the CEO, I have only met him a 2 or 3 times so I dont really know him personally. I have since requested a one on one with the CEO, if that fails. I will have to drive there one of the days. The problem is HQ is about 150km from me and it will be a shot in the dark pitching up to an empty office

 

[SauRoNZA]

Incorrect. There is 6 months worth of shift allowances in the outstanding amount, as well as the 25 hours.



My boss reports to the CEO, I have only met him a 2 or 3 times so I dont really know him personally. I have since requested a one on one with the CEO, if that fails. I will have to drive there one of the days. The problem is HQ is about 150km from me and it will be a shot in the dark pitching up to an empty office

Make an appointment like a professional.

And if you’ve met him once you know him.

I meant it’s not someone beyond your reach.

 

[StickyTape]

Quick update. After sending my queries again through my supervisor to CEO. I have a meeting with him tomorrow at an attorneys office. I assume this is to iron out all legal issues