Question posted in the General Law category relating to Northern Cape
Question value: R 300.00
Hi there, I have been employed by the same employer for almost 13 years. In total we are 2 employees operating a multifaceted company with most of the work falling on my shoulders. We are so to say a family but my employer has the nack to take everything from you with little return. On average I work between 12-14 hours per day including Saturdays and Sundays with a weekend "semi-off" every two weeks. i get renumerated R13650 per month for this. Depending on work load there has been weeks where i have clocked 80 hours for the week worked (unfortunatly no record of these hours are available, I have tried to keep record of this but received a scolding to the tune of "what do you want to do with this?"). According to them I do not qualify for overtime due to my level of renumeration (which I can understand).I have not had my annual leave since 2013, maybe a day or two here and there but no annual leave for 5 years. Part of the job is farm work and I get free housing on the farm, I get a car to drive in but only when it suites the employer and in cases of emergency. For the past two years my employer has become increasingly unbearable to work with. I have struggled with my employer to get payslips, 3 weeks ago he gave me a stack of paper with payslips dating to Novmeber 2018 but nothing dating back further. I also do not have a recent contract with them, I have asked about this numerous times but no sufficient response. I have the original contract which I signed in 2007 with them but that states that I earn R3000 p/m and that I am in a position that no longer exists. My question is, is that contract still valid? What sort of notice period must I give given the details above should I want to move on? What am I entitled to? Should they decide for retrenchement, what am I entitled to then? (financial difficulties are at hand, hence this question) Also it should be noted that I have a long term loan with the company to the value of R15000 (no official agreement was made for repayment, a gentleman's agreement of R500 p/m was made), are they entitled to withhold my last salary should I quit or are they allowed to deduct this if they retrench me?