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i worked for 3 weeks less than 1 year. i earned R 9000 per

 
SA-TOPLAW's Avatar
  • Answered by:SA-TOPLAW
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i worked for 3 weeks less than 1 year. i earned R 9000 per month. I was retrenched on 11 June 2012 and left my employment on the same day. During my employment I took 11 days leave and had 5 days sick leave. What must my employer pay out ?

 

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Province: gauteng

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Submitted: 280 days and 6 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED

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Expert:  SA-TOPLAW replied 280 days and 6 hours ago.

Hi There - technically the employer is obliged to pay 4 weeks for every year worked and the value of any leave due but not taken. Most contracts of employment allow for 15 working days leave so in your case the correct position should be 4 days of leave and I would think they should pay you the full 4 weeks but because you are three weeks short they may try to low ball you - try negotiate the best deal possible. Also make sure their retrenchment process has been correct and fair otherwise you may have a claim for unfair dismissal etc. It might be worth your while to go see a decent labour attorney to check it out for you. Good Luck and let me know if you require any further assistance and please remember to rate my service - positively I hope. Regards

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 94.1 %
Accepts: 699
Answered: 6/29/2012

Experience: All areas of commercial and contract Law - specialist in property advice.

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