thank you Carmen, this is exactly what I needed to find out! #OnPoint I still have a few more grey areas regarding the retrenchment process, but im sure ill get all of them after going through the rest of your videos... thanks Carmen
If by contract employees you mean fixed term contract employees - yes. or If by contract employees you mean independent contractors then - no. or If by contract employees you mean employees who are employed by a labour broker then the labour broker is the employer and it depends if the employees are being retrenched from their employment or just being moved from a particular client.
@@carmenfourie5346 thank you. I meant fixed term contracts. My contract expires in March but during retrenchments they’re terminating it end of Nov. As per my contract I’m supposed to be given 2 month notice but we’re only serving one month. I’m just so confused
Excellent informative information Carmen. Clearly explained. If possible can you please share with us an example of how calculations are made on a spreadsheet or some sort of how one week retrenchment package is calculated for years worked at a particular company. And can you please advise what should employees do if they wakeup tomorrow finding company been closed which was never notified before by the employer and later on through legal processes retrenchment was agreed between the employer and employees. Is that fair or unfair retrenchment process? if unfair, what are employees entitled to or should do?
I am grateful for your feedback. I will work on doing a video using a specific example and a spreadsheet to show the calculations. My recommendation for employees who wake up and the company has been closed with no process being followed would be to refer the matter to the CCMA within 30 days of being notified it is closed and they are no longer employed. That being said if an agreement was reached later, the parties will need to abide by the agreement and I cannot comment on the fairness without knowing further details.
If your contract with a company is that you must work till the age 65 years of age before you can go on pension and the company start with their retrenchment process when you are at a age of 60 years old. Must the company pay you 1 week's salary (at least) for every year of service you complete till the age of 60 that you are now, or as if you are 65 years of age, (retirement age) as if you would have to go off on pension at the age of 65 years of age. That means that they have to pay you that extra 5 years of service between 60 and 65 years of age because they are braking their contract with you.
A retrenchment is different from a retirement and therefore if the clause is a normal retirement clause, they would not be required to pay any additional payment other than severance owed as part of the retrenchment. But there could be some exception if you say the contract says "you must work till age 65". Usually contracts are not worded in this way and usually they include a clause to say the contract may be terminated sooner due to operational requirements (retrenchment). Without seeing the contract I cannot give a more definitive answer.
My wife severance agreement said 6 weeks for every years completed service totalling to 30 weeks for the 5 years she worked there. She only got paid six weeks. Employee claims she got what the agreement said.
@@carmenfourie5346 CCMA ruled in our favor when the company didn't pitch for arbitration which they appealed and later ruled in their favor saying it was a mistake. Their Evidence was minutes only the company had a copy of(altered)they discarded the agreement which 4 people had copies of and were individually signed. Crazy.
Afternoon, my name is gogol Ngwanza working for tyris, I have been working for tyris for two years since 2021 until now, the site that we working is shutting off based the client didn't pay our company. Now I have wad in meeting with the company today they have told me that they have to retrench me and told me that they will pay me 1 month for notice period+ 2 weeks of severance pay+ 21 days of holidays, do you hbink it is fair for me ?
Please advise what is a notice pay? Is the notice pay equal to the last month you worked ? Or an extra pay on its own, because I’ve worked for 1year and 7 month total, will I get an extra month payment beside my last month I’ve worked ?
Notice pay is when an Employer decided that an Employee is not required to work out their notice of termination period (either as per the contract or the BCEA - whichever is applicable) and pays the amount for that period. See my other videos on notice of termination for more information.
Hi what happen if my imployer died and leave beneficiary Estate money for imployee and the imployee continue work for the kids in same address,if the kids decide not to need the helper.Do the imployee still need to claim money for long service?
Hard for me to answer without looking into the specifics of what happened, but generally speaking this seems like a transfer of employment and years of service (in absence of an agreement) transfer from the old employer to the new employer and therefore if the employee is retrenched from the new employer all the years of service need to be counted for severance. If there is a dispute about severance owed I suggest referring the matter to the CCMA within 30 days.
