1. I have a new manager who verbally not...

Asked by botha on 07-07-2020 12:20:46
Question posted in the General Law category relating to Western Cape

1. I have a new manager who verbally notified all sales rep employees that car trackers will be fitted in their company cars. I am a salaried full time sales representative and is on the road all day. I don't have a problem with the company installing the trackers to protect their assets, but the new manager made it clear that he will micro manage us from now on and he refuses to give us written guidelines of the new procedures/rules implemented (there are differences with my current contract). What are my rights when there are no written guidelines of the new rules - just want to protect myself for future purposes.

2. Also, my work contract stipulates working hours from 8:00am -4:30pm. Just need clarification of start and finish times as a sales representative. Does my shift start as soon as I start the engine at 8.00am or when I stop at my first client at 8.00am. Also, should I leave a client at 4.30pm, does overtime kick in after 4.30pm.

Information Requested by Lawyer

Posted by Att. Patrick on 07-07-2020 13:20:17

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.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 07-07-2020 13:25:31

Unfortunately, you do not really have any rights to stop the company from installing a tracker unit in the company car. You can't stop them from doing that. Also, if you are driving the company car on a daily basis, you don't have any rights to privacy while you are using the company property. If you stop off at your house for a nap during the day, you must know that the company is able to find that out. There is also no requirement on the company to put into place procedures or rules pertaining to the use of the company cars. I suppose that you must simply be aware that the company can monitor your use of the car and you must conduct yourself accordingly. Obviously there must be a little give and take, e.g. you stop at a shop to buy a cooldrink. But you can't abuse the system.

Your working day starting and ending has nothing to do with starting the car. You could work on email / phone from home from 8am for 3 hours before you even get into the car. 

Your working day will end when you've seen your last client. The fact that you need to drive home from the client is your own business and doesn't form part of your working day. e.g. I need to be at work from 9am to 5pm. The fact that it takes me 1.5 hours to get to work, and home again, must not come out of my working hours. 

Information provided by client

So, if my employer ask me to see a client after hours (approximately 3-5 hours away from home) then will that be part of my working day or will that then count as overtime?

Answer to the Question

Posted by Att. Patrick on 07-07-2020 15:31:01

Okay, so what I explained above is in relation to clients who you would see in your normal area. Like in the same City. You can hardly complain if you finish seeing a client at 4:30pm and then you need to drive the 5km home, but because of traffic it takes you 3 hours. 

But what you're explaining above is very different. That is like seeing a client 400km away from the company. This travel would need to fall into the working day. So, you could leave home at 8:30am to drive there, and you would need to be home by 4:30pm, so you'd need to leave before then.

Yes, overtime.

Answer Accepted

This answer was accepted on 07-07-2020 15:36:01

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