Error's in Labour Contract's. Can anyone help ?

[Kmartin]

Hi. I got a few questions, and would like some help, if possible referances of the labour act where to find them, so i can submit it with my next salary.

Ok, i been working for Municipality ( emergancy services ) for many years. Finally i got a Contract. The contact is month to month, eg.. 30 day contracts, running now for the last 9 months.
Emergancy services started 24hour shifts at our station on the 15 Dec to 15 Jan. So we were told now we going to be doing shifts. After 2 shifts ( 12 hour each ) they sent me back my signed contract as they noticed the over time was going to be too much, being all the holidays and sundays, and made me sign another. Here is the differance in the contract :

Original : 2.2 Rate of pay for overtime,sundays and public holidays.
Overtime will be paid 1 and half of normal time. Work on sundays and public holidays will be 2 x normal.

NEW ONE : 2.2 Rate of pay for overtime,sundays,shift allowance and public holidays.
Volenteers will not be paid for the above mentioned and/or any other allowance as the salary mentioned in 2.1 above as the whole remuneration, exept overtime.

So on that i have 2 questions.
1) Do i still claim overtime at 2 x on holidays and sundays ?
2) As far as i know signin the contact " fixed term contract of employment" i am not a volenteer, and the new 2.2 is void for me ?

As in 2.3.1 in the contract... he/she is entitled to the statuory public holidays.... so i am allowed them, but if i work them it's 2 x salary ?

Just another quick one, there are 14 volenteers at the department here too, who get there R25p/h and taxed 25% deductions as well as UIF. My question is why do Volenteers pay UIF ?
in that case, if they dont "volenteer" anymore they can claim ? Some of them being paying UIF for years. ps.. not to mention they were only asked for there ID numbers in November 2009. So there is no way they even registered.

 

[noxibox]

Firstly you can't be forced to sign anything. You can refuse.

It looks like they're disallowing the shift allowance for so-called volunteers.

Did they remove the specific overtime in the new one? It implies you still get paid for overtime, but 2x is not mentioned.

It's not clear whether the volunteers fall below the legal threshhold at which the automatic overtime kicks in.

There is no such thing as a month to month contract. If you work for single employer you have all the same rights and protections as what would be termed a permanent employee. They have to give you notice and so on.

The volunteers would only be able to claim unemployment if they were retrenched. Deciding to quit is not covered. Again if they work as though this is regular employment then they are protected. The employer is obliged to register them for UIF and deduct it.

It is not unusual for employment contracts to contain unenforceable conditions. In many cases employers rely on the employee's ignorance and weaker position, and so they don't realise their employer is acting illegally or do, but are afraid to stand up for their rights.