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Ons wil graag weet wat 'n tuinier betaal moet word by

Customer Question
afsluiting van sy diens, nadat...
Ons wil graag weet wat 'n tuinier betaal moet word by afsluiting van sy diens, nadat die huis waar hy gewerk het onlangs verkoop is. Hy het sedert 1996 voltyds gewerk, en aan en af vir enkele jare voor 1996. Die werkgewer is egter bereid om hom vir 30
jaar diens te betaal by afsluiting (al het die tuinier voor 1996 ook vir ander werkgewers gewerk). Die tuinier se laaste salaris by afsluiting in Junie 2015 was R425 per week (hy het ook ander voordele ontvang soos huisvesting en munisipale dienste, maar die
R425 is weekliks sonder aftrekkings kontant aan hom uitbetaal en hy het nie vir ander voordele betaal nie). Baie dankie, Ina du Toit
Submitted: 2 years ago.Category: South Africa Law
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Answered in 16 minutes by:
10/26/2015
Lawyer: JJ, Attorney replied 2 years ago
JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4,502
Experience: Admitted Attorney 17 years experience
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Hy is geregtig op 1 week se salaris vir elke voltooide jaar diens. Dit beteken 30 weke se salaris. Die byvoordele word nie hier by gereken nie. Baie werkgewers skik op 2 weke se salaris vir elke week wat dan sal beteken 60 weke. Dit is egter elke werkgewer se keuse.

Dit is in terms van die Wet op Basiese diensvoorwaardes.

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Customer reply replied 2 years ago
Baie dankie, JJ. Kan ek 'n formele brief op jou briefhoof kry wat dit stel dat hy in terme van die Wet op Basiese diensvoorwaardes op 30 weke se salaris geregtig is na 30 jaar diens vanaf 1985 tot 2015. Die tuinier is 'n ietwat moeilike mens en om verdere moeilikheid te vermy, sal ons jou antwoord baie graag op jou briefhoof wil ontvang. Jy kan dit per e-pos stuur en ek sal dit uitdruk vir hom. Ek wil graag sy naam ook vir jou stuur, en sy ID-nommer, sodat jy dit in jou brief kan inwerk sodat hy kan sien dit het op hom betrekking.
Customer reply replied 2 years ago
Goeiedag JJ. Ons het die werker bietjie meer as 1 1/2 keer aangebied as wat die wet vereis (30 jaar x 1 week se salaris, dus die 1 week salaris van R425 opgeskuif na R650, dus R225 per week bygevoeg). Dit bring die bedrag op R19,500 te staan, pleks van R12,750. Dit lyk of die werker daarmee baie ontevrede is. Het 'n werker die reg om die diensafsluitingsbetaling van die hand te wys al is dit meer as wat die wet basies vereis? Is dit nodig dat die werker 'n aanvaardingsbrief onderteken? Ek weet werklik nie hoe om hierdie kwessie tot 'n einde te bring nie. Moet ons net voortgaan en die R19,500 in sy bankrekening inbetaal sonder sy goedkeuring? Baie dankie, Ina
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