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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1336
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Me and my husband is working Construction Company and is

Customer Question

Me and my husband is working for a Construction Company and is based in Zambia at the moment. Due to non-payment from our client, we were told to relocate back to South Africa until the contract can resume. The contract is not terminated. My husband is the Site Manager and I am the Office Manager. After consultation with the company they have agreed in writing that we can stay on as we are the most senior personnel and the services for our Engineers on site must carry on. Last week they told us, my husband is needed in South Africa at our head office to help with tender work. They told me that I will go and sit at home with pay until we can return to Zambia. They decided to keep more junior personnel on the site in Zambia, which one of them only have a Limited Duration Employment Contract. I have been working for the company for 2 years which where 1.5 years I am on a permanent employee contract. My husband is working for 10.5 years on a permanent basis. Our client agreed to pay us 80% of our P&G claims which means we can actually stay on, on site. But I feel this is unfair, due to personal issues that has rise between the Contracts Manager and my husband which is the Site Manager. Do we have any grounds to stand on? Please advise.
Submitted: 3 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 3 months ago.

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I am not 100% sure exactly what your question is. It appears as if your employment has not be terminated. Your employer agreed to your requests/demands that you remain in Zambia, but has later recalled your husband to HQ as his services were needed there. I am not familiar with the term P&G claims - what are you referring to?

Is the company you work for a South African company?


Customer: replied 3 months ago.
No I have not been terminated. The contract is not receiving any funds from our client. Therefore we are claiming standing time in terms for our labour that needs to be paid. Now they have agreed to pay 80% of the P&G which is the claim for the labour.There is no new contract for my husband, he will sit in HQ to help with tender work.Yes it is a South African company.
Expert:  Freddie Lombard replied 3 months ago.

Thank you,

I am sorry but I am still unsure what you mean with P&G claim. What does P&G stand for?

Who is paying the 80% of this P&G? And to whom is it being paid?


Expert:  Freddie Lombard replied 1 month ago.

Did you receive my post?