Work Related Question

medicnick83

medicnick83

Paramedic
Joined
Aug 23, 2006
Messages
21,158
Reaction score
565
Location
CBD, Cape Town
Hi guys,

I have a question regarding my job.

My boss seems to think that it is normal to assume that I am going to work public holidays.
I've been there going on 1 year and I think I've worked every single public holiday.
I've never been sick, had 1 or 2 days leave (taking 1 day tomorrow)

Now, I don't have a contract YET but with that.

How should it work?
I mean, If I work public holidays (half days), isn't that counted as 1 whole day?

I don't get paid over time.
And I have to work 3 Saturdays with 1 Saturday off in a month.

As much as I love my job, even my lovely GF thinks that I'm getting taken advantage off... we won't even talk about how my hours work, I am supposed to work from 8:30am to ... well, no decided time, but I normally leave work at 6pm generally.

Before I go and make a issue outta this, can you guys tell me the facts please.
 
Look up the basic conditions of employment act. Your "boss" is breaking so many laws it's just not true. You are entitled to, by law, double time for the public holidays and time and a half for saturdays. 15 days anual leave of which at least 5 days must be consectutive or the OHS act is being violated. 30 days sick leave. Regardless of a contract. Do you get a payslip? If not your boss is breaking a whole bunch more laws. I would of course be a bit more tactfull when you ask for your contract, increase and some time off. Monday would be a great day to do it. Good luck.

P.S. I hate employers who think they can get away with this kind of thing just because you are greatful you have a job.
 
I also don't get paid overtime. I do, however, have a contract and I have been working for the company 9 months now. When I work on Saturdays and Sundays (which is not that often at all), I don't get paid. When I signed the contract with them, it clearly states that I will not get paid for working overtime because I am a technical person and I work for a civil engineering consulting company.

Do you guys thing that working overtime and not getting paid for it is breaking the law on the part of my employer? Even if I singed on the dotted line in the employment contract?
 
MadMailMan said:
Look up the basic conditions of employment act. Your "boss" is breaking so many laws it's just not true. You are entitled to, by law, double time for the public holidays and time and a half for saturdays. 15 days anual leave of which at least 5 days must be consectutive or the OHS act is being violated. 30 days sick leave. Regardless of a contract. Do you get a payslip? If not your boss is breaking a whole bunch more laws. I would of course be a bit more tactfull when you ask for your contract, increase and some time off. Monday would be a great day to do it. Good luck.

P.S. I hate employers who think they can get away with this kind of thing just because you are greatful you have a job.
Click to expand...

My boss is not really a bad person, I don't want it coming across that I think he is, actually, I don't think he has been a boss before, I am his first real employee (next to his mom who does accounts) but having said that, I just sometimes feel that he thinks I do it (work on public holidays etc) because I have to... I do it somewhat because I want to but then there comes days when I need to do things and I can't do them because I have to make a major issue about getting a day off.

For example, I'm doing a course soon, it's going to take 4 months and every Saturday for those 4 months, he has made such a drama outta that which irratates the hell outta me.

Then I sit here and I think, wait a sec, I get double time for public holidays, haven't been sick in 11 months, work crazy hours (not forced too, I want too) and yet, still, dramas show up.

I'm sure if I make a issue outta working public holidays and every single Saturday and overtime - more issues are going to happen...
 
Ok, I want to approach my boss regarding this, but I'm honestly sitting here worried about how to do it, can someone give me some advice on how to approach this?
 
Well, before anything else, I would sign a contract if I were you. Because technically he (your boss) can do whatever he likes (well, not really to that extend) because there's no contract stipulating T&C and all the other related stuff.
Good luck!
 
Just don't pitch on public holidays.

If he phones you and asks where you are ... tell him it's a public holiday.

gdiza said:
Before I go and make a issue outta this, can you guys tell me the facts please.
Click to expand...

You don't need the facts. You need the guts to tell him what's what.
 
Sly21C said:
I also don't get paid overtime. I do, however, have a contract and I have been working for the company 9 months now. When I work on Saturdays and Sundays (which is not that often at all), I don't get paid. When I signed the contract with them, it clearly states that I will not get paid for working overtime because I am a technical person and I work for a civil engineering consulting company.

Do you guys thing that working overtime and not getting paid for it is breaking the law on the part of my employer? Even if I singed on the dotted line in the employment contract?
Click to expand...

It all depends on your salary and position in a company. Once you earn above a certain threshold, certain exemptions are allowed as the department of labour accepts the fact that more money = more responsibility. Throw in a job title of manager and your double screwed.

Found this out the hardway. Worked 8-12hrs 6 days a week as a manager and it was completely legal - no overtime. But my employer was not allowed to deny me leave as per my contract.

Also the CCMA handles each case on its own merits so no help in comparing CCMA case-law to what will happen to you.

Also I know work for a company that dose not pay overtime, but then again we are only allowed to work 40hrs. Anything more than that is a reflection of ones inability to manage time, or have a social life.
 
As cbrunsdonza has stated, if you earn above a certain threshold they are not legally obliged to pay you overtime.

Its part of the notices. Notice R300 to be precise. Section 9 deals with working hours, section 10 deals with overtime.


CORRECTION NOTICE



I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, in terms of Section 6(3) of the Basic Conditions of Employment Act, No. 75 of 1997, (the Act), determine that all employees earning in excess of R149 736 (one hundred and forty nine thousand seven hundred and thirty six rand) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2), 18(3) of the Act with effect from 1 March 2008.
Click to expand...
 
look, you dont work for a massive company so i dont think its such a big deal. If you want more time off just tell him, i think in your case your "boss" is more of a colleague than anything else, esp since his mom is doing the accounts ;P

So my advice is to approach him as a friend ( and not in that kark tone you use when I ask you about stuff, that will get you fired!!), speak to him about your situation and together find a way to resolve it.

At the end of the day you knew you were joining a fledgling company and these types have major demands on employees. The two of you are both working to make the company succeed, however he needs to realise that you need your own time as well and that you are not as vested in the company as he is and as such you are not as willing to give up your time as he would be.
 
gdiza said:
Ok, I've sent the e-mail.
Click to expand...

I won't handle a situation like this over email, a one-on-one talk over coffee would be best as people tend to read emotion and "tone" in emails (and forum postings) as and when they like which might push things out of perspective from his side, he will then saddle ol' horsie and go to town.

If your work situation re: leave/overtime/public holidays bothers you, regardless if you love the job or not, I'd definitely be looking for alternative employment. Something I've learned in the last 8 years is that you can't have your life revolve around your work or your job. It's not the "thing" you have to plan your life AROUND it, but IT should be planned around your life.... harder said than done when it comes down to rands & cents... but I'd rather die happy & poor than miserable & rich
 
Dude the only thing you can do is go talk to him, simple as that. Tell him your feelings without being to withdrawn and see what the response is.
 
killadoob said:
Dude the only thing you can do is go talk to him, simple as that. Tell him your feelings without being to withdrawn and see what the response is.
Click to expand...

I've done this, didn't work out properly, but then again, I didn't show any facts (like the above web site with stuff that is clearly not being done properly.

BUT... quick update!

Since sending the e-mail, nothing has been said - but any downloads I do at work have been stopped - I haven't been told to stop downloading (something I've been doing no problem for the 11/12 months I've been here) - I queue them, come back and they are gone, not there as if they have been deleted.

Minor, but since one of the perks of my job was that I had access to a 4mb uncapped vodacom business line - guess I can kiss that good bye.

I can't make any issues over that but like I said, there will be drama and that is one of them (even if just very minor)
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X