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Question
Posted by: os | 2010-01-07

retrenched

After being retrenched i found a job, but the company still didnt pay me my retrenchment package, am I still entitled to one. They did give me a letter confirming my retrenchment and saying that that they will pay me my severance pay

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Our expert says:
Expert ImageLabour lawyer

Re: Retrenched

People who are dismissed for operational requirements are normally entitled to a severance payment in terms of the Basic Conditions of Employment Act. The severance payment is one week's pay per completed year of service. The fact that you found another job does not necessarily mean that you not entitled to your severance payment. Normally if the company finds equal employment for you they could say they are absolved from paying the severance payment. The new company would have to recognise your previous service and would have to pay you and engage you on similar terms and conditions. If this is not the case then you are still entitled to your severance payment.

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Our users say:
Posted by: labour lawyer | 2010-01-18

Re: Retrenched

People who are dismissed for operational requirements are normally entitled to a severance payment in terms of the Basic Conditions of Employment Act. The severance payment is one week's pay per completed year of service. The fact that you found another job does not necessarily mean that you not entitled to your severance payment. Normally if the company finds equal employment for you they could say they are absolved from paying the severance payment. The new company would have to recognise your previous service and would have to pay you and engage you on similar terms and conditions. If this is not the case then you are still entitled to your severance payment.

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