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Question
Posted by: pp | 2005/12/06

What are your rights - private company

Have been working for five yrs as a receptionist doing 3 peoples job 4 this company for R3200 with no pension funds, no medical aid, no housing bond e.t.c. Have 5 % of shares, was given a document to sign, without reading it thoroughly only to find out later, have sign my share over, was given a bonus once then this time we asked for bonus & was told it has been added to our salary, we are three members having this problem at the moment i'm looking for job.

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Our expert says:
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Sounds like you need a good legal opinion, and advice from the Dept of Labour, but some of our regulars are also knowledgeable about these issues

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2
Our users say:
Posted by: Liza | 2005/12/07

If you signed that document out of your own free will for the bonus - even if you didn't read it - its legal and binding. Ignorance is never an excuse in the eyes of the law.

Also - a bonus is a priviledge and not a right. So to make a long story short - Technically you don't have any rights. No-one held a gun to your head and made you sign that document waiving your rights to your shares. Even a lawyer is going to have a hard time convincing a judge that you were forced to sign the document.

I'll advise you to rather start looking for another job than trying to start a costly battle you have high chances of losing.

Good Luck
Liza

Reply to Liza
Posted by: Anon | 2005/12/07

I am in Business and have many staff working for me. My advice is dont waste your time running to labour and ccma etc, it all really about attitude from the employer; best policy is always to talk to your employer let him know how you really feel then understand where he comes from; and the test is whether he is being reasonable and fair. If you go to labour there will be a breach of trust that will make you very unhappy. if you feel he is not reasoanble then put all your efforts in finding another job there so many employers out there who need people who are hard working and are self motivated......use your energy positively.

Reply to Anon

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