Is it worth fighting?I am employed on a ...

Asked by Bebettert on 26-02-2020 13:48:49
Question posted in the General Law category relating to Western Cape
Question value: R 150.00

Is it worth fighting?

I am employed on a R12500 monthly gross tax incl. which I never got less than. Last month I got R12350 which I questioned and was told that my rate is now R64 and all staff are now to be on a basic salary not hourly which I think is illegal toc hange things without notice OK so I requested my previous 3 months payslips which stated that my rate has always been R80. 58 which ddnt make sense aswel.

Can I hold my employer to my old rate since I haven't signed a new contract with new terms?

What are my options 

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Answer to the Question

Posted by Att. Patrick on 26-02-2020 18:51:11

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

An employer is not allowed to change the terms of your employment unless there is agreement between the parties. You need to keep in mind that there might be a collective bargaining agreement which might impact on your industry which might apply, and you might not even realise it. So you could check this. 

Yes, you can insist that your employer sticks to your old employment agreement, however if the difference is R150 per month, I don't know how much of an issue you should make it. Certainly do not spend money or time referring the matter to the CCMA, or hiring an attorney to represent you in the CCMA.

Maybe you should speak to your employer's HR department and say that you're confused, and just want clarity on the change, so you can understand it. Tell them that if they want to change from an hourly rate to a basic salary, they should then increase your salary by R150 so that you can at least end up with the same amount.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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