Posted by: Girly | 2009-01-22

Employment contract

The company I worked for was bought over by the international office in August last year. The result is that a new company need to be set up, but for some reason this is not happening like it should, as they did not invetigate this thoroughly before making decisions. My employment was ' taken over'  by the international office, but to date, the local office who run another business has been paying my salary ' gross'  on their behalf. It still seems no closer to being resolved.
My main concern is that 1) I have not paid tax on my salary for 6 months. Come the end of this tax year, I' m the one who will be responsible for this, and how to go about taking care of this im not sure. I also have no UIF/Maternity cover while being ' employed'  like this.
Lastly if they eventually decide its not working, what legal place do I have if they just decide to close shop? Is their verbal commitment and written letter saying I do not have to worry as they are in the process of setting up enough that if needed, I am protected?

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Our expert says:
Expert ImageLabour lawyer


The issue with a non payment of tax on your salary for 6 months is serious. You need to sort this out as quickly as possible. I suggest that you get hold of the internal accounting of the firm to find out why they haven't been deducting it and if this is not resolved then you need to go to the receiver of revenue. You also need to have deductions by UIF. These issues are exremely serious and would be illegal and criminal if not paid. If they decide to close the shop, then they must retrench you (dismissal for operational requirements).

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