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TOPIC: Employee contracts

Employee contracts 12 years 6 months ago #1962

  • Pat Grey
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I have a situation that I would appreciate advice for. Having lost two key employees recently, I agreed to pay incentive bonuses to the remaining employees to maintain out-put rather than taking on new staff. Rather than maintaining the out put, it has steadily fallen off over the last three months. At the end of October, a traditionally quiet time in terms of work coming in, it was financially impossible to pay the full bonus, so I paid 50% of the bonus. I now have a situation where my labour threaten walking off the job.

This is where things get sticky, knowing that the labour contract contains a clause stating that any bonuses paid are solely at the discretion of management, I turned to my contracts and found that the three newest employees do not have signed contracts. What do I do now, and what are the implications.
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Re: Employee contracts 12 years 6 months ago #1963

  • Shelley Finch
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Pat, I would seriously suggest either contacting the CCMA who offer free labour advice OR spend a few hundred rand on consulting a labour lawyer.

The law does give guidelines for these situations and I think in the case of your bonus situation you may find that the law is still in your favour despite not having signed contracts for those staff members.

I can recommend Venter Van Eeden Attorneys in Bellville or Werksmans Labour Consultants in Durbanville, Cape Town. Contact the CCMA first and if they can't give you an answer which you think is satisfactory, then maybe go the labour consultant route.

Good luck.
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Re: Employee contracts 12 years 5 months ago #1966

  • Pat Grey
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Thank you Shelley, I'll do that. I appreciate your advise.
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