Is this legal?

[Pho3nix]

Hi,

Friend I've mentioned many a time on the forum has a problem.
She was called into a meeting at the office and told that they will no longer earn a salary and all work will be based on commission. No basic.

Industry is not sales.

Simply, is this legal?

 

[F1 Fan]

What does her contract state?

 

[OrbitalDawn]

Yeah, depends on her contract, if she has one...

 

[Pho3nix]

Waiting on that but as far as I know she has 2 pieces of paper. 1 with company rules etc. 1 with her salary when she started 4 years back. No idea if she got letters per increase

 

[MickZA]

...Industry is not sales.

So what is the commission based on?

 

[Pho3nix]

So what is the commission based on?

Insurance litigation I think. How many cases they close I think. Will expand as i get info

 

[skeptic_SA]

AFAIK employment terms and conditions can't be changed unilaterally and some type of negotiation process is required.

 

[BlindMelonChitlin]

Insurance litigation I think.

Time to get out of that dead end!

 

[Ancalagon]

Also wouldn't minimum hourly wage apply? In other words, she can't earn R0 per hour - even if she is paid on commission.

Doesn't sound legal to me.

Tell her to contact a labour lawyer immediately.

 

[ToxicBunny]

They can't unilaterally change the remuneration structure.

 

[werfie]

Not legal according to me. AFAIK, you can only reduce an employee's salary by mutual agreement or by following proper retrenchment procedures.

 

[Waaib]

100% comm means less tax ... maybe there's an upside. What's the product involved?

 

[Wall]

illegal.

 

[Former member 61586]

What word does she do?

 

[Pitbull]

Hi,

Friend I've mentioned many a time on the forum has a problem.
She was called into a meeting at the office and told that they will no longer earn a salary and all work will be based on commission. No basic.

Industry is not sales.

Simply, is this legal?

Contract...

It all depends on the contract.

Either way, I would leave immediately...

 

[Wall]

What word does she do?

I'm guessing Microsoft Office.

 

[Pho3nix]

What does her contract state?

Yeah, depends on her contract, if she has one...

Contract...

It all depends on the contract.

Either way, I would leave immediately...

What exactly in a contract would allow a contract to do this? I'm curious. Never saw anything even vaguely worded in mine that would let a company stop paying me for my work.

As for leaving, she is looking but the market is krap.

 

[Pho3nix]

I'm guessing Microsoft Office.

 

[OrbitalDawn]

What exactly in a contract would allow a contract to do this? I'm curious. Never saw anything even vaguely worded in mine that would let a company stop paying me for my work.

As for leaving, she is looking but the market is krap.

Well, the point is more that if her remuneration structure is laid out in her contract then they can't just change it unilaterally, as others have mentioned.

 

[Former member 61586]

I'm guessing Microsoft Office.

touché