Salary deducted as form of punishment.

Cius

Executive Member
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Jan 20, 2009
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7,161
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.
Yes and no. While the company I am referring too employed someone close to me and it was crappy some days they did pay her a salary and she gained valuable experience there. The company produces a good product and should not go out of business (I hope) as they manufacture locally and employ a few people, family and non. However, it was hard working there due to the favouratism. The person I know was far better qualified than one of the owners kids to do certain work but it always went to the kid who would not do it properly, etc. One kid would have a fight with her boyfriend and then be so upset she could not work for 3 days and that was fine but another employee was almost turned down leave for their honeymoon. Stupid things like that.

Fact is every company has its own crappy stuff to deal with, from small all the way up to big corporate companies. You know what you sign up for, so its best to suck it up, and if you can't deal with that particular flavour of crap you are always able to look elsewhere. Its better to not get too emotional about it and not burn bridges. Does not help anyone or change anything in my experience other than how easy it is to get a reference.

Running your own company is fairly hard judging by the low success rate of those who start a business so if someone can build a successful company and wants to run it a certain way lets face it, it's their company, they can do what they want. The law is well and good but in my experience possession is nine tenths of the law. Going the legal route against an employer also means the relationship will break down to the point where you could never work together again and future employers may not want to hire someone willing to drag them through court. This is why most people just quit if they don't like the way things are done, regardless of what any law says.
 

das Toktokken

Honorary Master
Joined
Jul 18, 2008
Messages
54,068
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
Advice is for her to find a job that doesn't involve relatives. Your life will be better for it.
 

The Trutherizer

Executive Member
Joined
May 20, 2010
Messages
5,104
Exactly the kind of thing that proves it's sometimes not the best idea to be in business with family. Let alone your parents. Parents always see you as a child on some level. Doesn't exactly sound like a professional gig I must say.
 

theHAYwired1

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Aug 18, 2008
Messages
149
We do not want to involve the CCMA at all. But if what they are doing is wrong I want to be able to tell them that without just guessing.

Unfortunately we realised to late that working for family is a mistake. I have already left and found another job. We are close to getting another opportunity for my wife but it's easier said than done.

I want it to be solved peacefully and get her out of there.

I am definitely not just running to the law. I just want to know if they are allowed to do it.
 

ProfA

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Jul 15, 2008
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We do not want to involve the CCMA at all. But if what they are doing is wrong I want to be able to tell them that without just guessing.

Unfortunately we realised to late that working for family is a mistake. I have already left and found another job. We are close to getting another opportunity for my wife but it's easier said than done.

I want it to be solved peacefully and get her out of there.

I am definitely not just running to the law. I just want to know if they are allowed to do it.

They are NOT allowed to do it. And you completely within your rights to approach the CCMA.
 

berrypi

Well-Known Member
Joined
Dec 12, 2012
Messages
488
Legally, you cannot punish twice -and warnings need to be metered out in private - can claim victimization.
If the child is treated like a full on employee with all the trimmings, then do the CCMA thing - as its purely business.
IF!!! they get preferential treatment, then just leave it - family relations are worth more than 3 days.
 

hungrymamba

Expert Member
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Sep 7, 2018
Messages
1,058
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

Even if they have a contract that says you will be docked xxx day's salary for insubordination, that would still be illegal - in South Africa, the only law that reigns supreme is the Constitution. Workers can sign obscure contracts with their employers - a lot of these, when tested, do not pass constitutional muster.
 

Mist4h20

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Oct 8, 2018
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I know I am probably too curious but I would love to know what happened :D
 

Mike Hoxbig

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Apr 25, 2010
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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.
Is there a type of company you haven't worked for and had an issue?
 

Ninja'd

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Jan 7, 2010
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50,096
I know I am probably too curious but I would love to know what happened :D

Insert text here

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neoprema

Executive Member
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Jan 12, 2016
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6,122
Legally is not allowed. But the parents view is that they're punishing their daughter.

The risk with any family business is that employees are viewed in their family capacity, obviously, since its a family unit. Rather than in a legal, labour-oriented capacity.

The parents are not trying to break the law, they're simply wanting to discipline their daughter. Unfortunately for them though they are breaking the law if there is a contract.

I would take the very good advise many have said here and call it quits and move on. Going to court is going create a lot of pain and one day her parents won't be there anymore - is that the memory she wants to have of them?
 

Toxxyc

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Dec 12, 2012
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5,086
Honestly if my family cuts my pay illegally, I wouldn't want anything to do with them anyway. Go to CCMA, get them sorted.
 

Mike Hoxbig

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Apr 25, 2010
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I am definitely not just running to the law. I just want to know if they are allowed to do it.
If you don't want to run to the law then they're allowed to do whatever they want to.

Not something I would recommend though because it's not worth losing family over. Best to suck up your pride and find her another job...
 

Arthur

Honorary Master
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Aug 7, 2003
Messages
25,994
Never have, never will.
There are some exceptions that prove the rule. Requires great maturity and professionalism. I know of at least two companies richly staffed with family, and treatments and expectations are utterly fair, professional and work superbly.
 

The_MAC

Executive Member
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Oct 11, 2012
Messages
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Are you 100% sure that your wife's bosses are her parents? doesn't sound like it at all..
 
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