Short time anyone good with HR?

Discussion in 'The Sump' started by leslie hempel, 24 Feb 2010.

  1. leslie hempel

    leslie hempel Moderator MASA Contributor

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    hey guys the shit is hitting the fan again.. i have heard from the staff not the managers or bosses that we are to go on short time from this friday so we will be off on friidays but not pd for it.. i am told we can take leave to help with the cost but surley this cant be right..

    we work a 40 hour week so from mon to thurs we work an 8.5 hour day with fridays being 6 hours..

    so if i take a days leave for the friday they screw me out of 2.5 hours..

    anyone got any knowledge of this..

    im so pissed as i havent been properly notified and this is rather sudden..

    advice appreciated
     
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  3. FransSny

    FransSny

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    Les , that has always been very contentios issue (I come from labour broking), BCEA doesnt allow for "hourly leave ie 1/2 days etc. It just states the minmimum amount of days you must get. Thus if your normal working day is 6 hours....and you are allowed leave on that day you could only be paid for 6 hours
     
  4. Rory

    Rory Admin MASA Contributor

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    Jeez Les you always seem to get the short end of the labour stick hey?
     
  5. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    ok understood but it still seems like a lame excuse.. dont get me wrong iam grateful for my work but i think they take advantage of that fact..

    another thing is we are not pd overtime but given the hours as time of (when the company can afford to have us off) i have been doing some research and i see i can refuse overtime if not pd for it.. bu obviously this will inevitibly cause trouble..
     
  6. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    i know rory dont even tell me about it.. time i opened my own shop.:whistling:
     
  7. FransSny

    FransSny

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    Yip hear what you are saying dude...bit lame. And yes you dont have to work overtime and cant be forced to...and yes you can refuse time off in stead of compensation...unless you are over the earnings limit
     
  8. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    thank for the responses i am checking the net for some simular cases...

    it just cuts morale and dents the pocket.. what pisses me off even more is that just the engeneering division is affected, the construction side have a big project on the go so are going full steam.. our division carried the construction division for 2 years when they hit a drought and they cant even help us out.

    hectic all over atm i suppose..
     
  9. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    Re: Labour laws concerning Short-time

    From: Labour Protect Advisor
    Date: 25 May 2009
    Time: 09:58:12 +0200
    Remote Name: 165.145.245.30

    Comments

    Hi there. Short time can be considered as an alternative to retrenchment. However if there has been no consultative process/ consent by those affected, refer the matter to the Department of Labour as a "short pay" dispute.
     
  10. jacquesb

    jacquesb Retired Moderator

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    Eish man Les. Sorry to hear this crap man.

    I know the labour law and BCEA reasonably well, and as Frans answered you -there's not too much that can be done.

    BUT, as your last post states - IF the company is thinking of retrenchments, or want to deploy an alternative to retrenchments, they MUST discuss this with the labour court, and work according to certain guidelines.

    The company MUST also get you to sign an addendum to your working contract, stating the change in your working hours.

    Of course, if you don't sign it, and dispute it - then there's of course the thing that ALWAYS happens in practice: the company and managers becomes really nasty towards you, and try and "work you out" by constantly "nailing you". That you try and resign on your own.

    My wife has had this constant crap in the last 2 years from her boss (she works for a small company). And we managed to "win" him every time, by sending him officially noted letters, stating the facts according to law, and also quoting from official courtcases that I have found on the internet (the 'net is full of legal documentation).

    BUT, this caused that he (her boss) constantly nailed her for all the crap that he could.

    And now - at this stage, she is under so much stress - that she just "wants to get out".....
     
  11. vatso

    vatso

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    Hi Leslie

    They have to follow as process regarding putting you on short time! also they need to make sure it's being done fair IE they can not put you on short time & other people & or divisions not. IE managers & back office for example.

    Rather just wait & see what you get told before getting up in arms.
     
  12. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    thank you for the responses guys, jaques i hear you dude its the thing i worry about as people here are relitivley blunt and to the point even though they are not being upfront about this..

    Vatso this is coming into effect on this friday and nothing has been said to us officially.. i have made attempts to find out but its a loose loose situation..

    i was exempt from it over Dec so i am due for a turn .. will wait and see whats happens
     
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