Salary deducted as form of punishment.

[theHAYwired1]

Hi Everyone.

My wife is employed by her parents. On Monday she had an argument with them and did not stop arguing when she was told to stop.

As a result of this they have given her a final written warning for gross insubordination. We accepted this as she knows her actions were wrong.

The part that bothers us is that they are deducting 3 days worth of salary as the punishment. From what I have been able to find on Google it is against the law to do this.

Please advise us on whether this action is permissible.

Thanks

 

[ArtyLoop]

My wife is employed by her parents

That's a big mistake...

 

[theHAYwired1]

That's a big mistake...

Agreed and we are seeking alternatives.

 

[Deadmanza]

Definitely illegal.

 

[ISP cash cow]

working for her parents, does she have an employment contract?

If she has an employment contract stating her salary then unless it is one of the clauses which both parties signed for (that she can be docked salary), which more than likely is not the case, then yes it is illegal

problem (for both parties) will be if she does not actually have a contract in place

 

[Arthur]

... and an even bigger mistake to play the legal card.

Quit and move on.

 

[ProfA]

What they have done is illegal. She can drag them to the CCMA.

 

[Venomous]

... and an even bigger mistake to play the legal card.

Quit and move on.

Definately.

They should rather take the 3 day knock. Going legal/technical can definately not be good for the family relationship. Better to be the bigger person(s) and then to rather look for other work.

 

[Hellhound105]

Illegal. This is not communism even if the ANC is in charge.

 

[theHAYwired1]

I agree that going the legal route will not be good for the family. I would like to approach them and tell them that what they are doing is wrong and that they need to remove that part of the punishment.

Unfortunately with what they have done the rest of the family is already furious.

They also have no contracts since they closed the previous company and started a new one.

Her brother did the exact same thing the next day and recieved no punishment for what he did.

 

[ProfA]

I agree that going the legal route will not be good for the family. I would like to approach them and tell them that what they are doing is wrong and that they need to remove that part of the punishment.

Unfortunately with what they have done the rest of the family is already furious.

Why is the rest of the family now being involved? And why are you approaching them? Surely your wife should be approaching them as its an A and B relationsip. So C your way out.

 

[Mike Hoxbig]

... and an even bigger mistake to play the legal card.

Quit and move on.

This. Is going to the CCMA etc. worth losing your family over?

This is why you don't work with family, especially immediate family. Unless you have a chilled family with a common understanding between everyone...

 

[theHAYwired1]

Why is the rest of the family now being involved? And why are you approaching them? Surely your wife should be approaching them as its an A and B relationsip. So C your way out.

We did not involve them. They also work there and her warning was handed to her infront of everyone.

I am approaching them because they do not listen to her and won't allow her to complete a sentence.

 

[The Darkness]

working for her parents, does she have an employment contract?

If she has an employment contract stating her salary then unless it is one of the clauses which both parties signed for (that she can be docked salary), which more than likely is not the case, then yes it is illegal

problem (for both parties) will be if she does not actually have a contract in place

They don't need a contract. If she pulls more than a certain percentage of her earnings from them, then she's employed and enjoys all the rights of the labour act. The labour laws don't only come into play with a written contract.

 

[Cius]

Family run businesses get messy, and beware bringing the law in. For most cases where a daughter or son works for the family business the parents are already doing "favours" for the kid, like unrecorded leave, buying personal stuff or expenses out of company business, etc. You may loose more than you gain for the 3 days work if the company is run the same way as they may start treating the daughter like a real employee rather than a preferential one.

Worst case I saw was a small family company where the kids had company cars, gaming machines, toys like telescopes, etc all bought out of the company when they barely worked there. As opposed to full time employees who where not family where got no such special treatment. Anyways, its one of the reasons I steer away from companies like that.

 

[ArtyLoop]

Family run businesses get messy, and beware bringing the law in. For most cases where a daughter or son works for the family business the parents are already doing "favours" for the kid, like unrecorded leave, buying personal stuff or expenses out of company business, etc. You may loose more than you gain for the 3 days work if the company is run the same way as they may start treating the daughter like a real employee rather than a preferential one.

Worst case I saw was a small family company where the kids had company cars, gaming machines, toys like telescopes, etc all bought out of the company when they barely worked there. As opposed to full time employees who where not family where got no such special treatment. Anyways, its one of the reasons I steer away from companies like that.

This ^^, have had my fair share of working for small companies like this as a regular employee.. and when they fight, at home, after hours, being dragged into their BS.
The good news is that such companies are not able to weather the current economic storm, so hopefully they will be wiped off the face of the earth before long.

 

[lkswan747]

Family, friends and finances do not work!

 

[ProfA]

We did not involve them. They also work there and her warning was handed to her infront of everyone.

I am approaching them because they do not listen to her and won't allow her to complete a sentence.

This will not end well. And you getting involved, just like dragging them CCMA which should be done, will not end well.

 

[R13...]

Was the argument even work related? And as everyone says they cannot legally "punish" her that way. Only way to sort out is sitting down and iron out your differences as family.

 

[ArtyLoop]

Family, friends and finances do not work!

Never have, never will.