to whom it may concern:we are ops managers in the hotel industry and in my contract it states that we will get paid over time if we need to come in over a weekend or after hours during the week for a call out and we have been paid that way for the past 16months (signed contract) and 6.5years (no contract), we just received an email which said that as one of us is shifted this weekend to be on call we will come in from 9-4 and will not get paid over time. it does not say anything like that in my contract. just to add, the company has recently been taken over by new owners and we have not yet received new contracts either.do we have a foot to stand on?
Province: Western Cape
The new owners have to honour your old contract - if you were paid overtime they cannot unilaterally change the agreement. They must pay. You can go to the CCMA if you have to but I advise to try and resolve it nicely. Have a talk to your new boss and try to reach an agreement you are both happy with if possible. But yes you have a leg to stand on.
All areas of commercial and contract Law - specialist in property advice.
can they change the contract at any time? if so can they change our salary structure pay dates etc?
They cannot make any changes unless you have agreed to those changes - thats called a unilateral change to the terms and conditions of your employment which is an unfair labour practice.
what about my colleague who has never signed a contract but have been working for the company for 6.5years?
He's also covered. He will I'm sure be able to prove hes been working there all this time and how he got paid, e.g. payslips, correspondence, other employees who can confirm he works there as well. etc. In fact this is a good opportunity for him to get a proper contract done to cover him.
Hi - Thanks for accepting and good luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).