I am a Labourprotect member.

The company I work for has just undergone a restructuring process and moved its staff from company A to company B in terms of work location. During the restructuring I was retrenched for a period of 6 days from company A then offered a placement, with no terms or conditions attached in company B. All other members of staff from company A are still employed under their prior contracts with company A but working on the premises of company B.

My termination date with company A was 4 Feb 2012, and my letter of placement with company B was dated 10 Feb 2012 to start working on the premises of company B on the 1st March 2012.

I started work on the 1st March 2012 on the premises of company B. 

There was tremendous confusion as to what was actually happening and as a result of a computer problem company B told me they were unable to load me onto the system to pay me in March 2012, and would it be acceptable to be paid my March and April salaries together in April 2012. I agreed. 

On 9 March 2012 I sent an email to HR to confirm what I had been verbally informed, that the terms and conditions of employment and pay would be the same as at company A and the response was affirmative, however the email disclaimer by the company states that nothing in an email can be construed as contractually binding.

As yet there is no formal contract of employment with either company A or company B. (Reinstatement with company A was under discussion and as yet no final outcome has been proposed.)

Company B, who manages the payroll for both companies has not paid me my March and April salaries as promised this month.

Company B is now insisting I sign a contract with them and accept their terms and conditions before they will pay me. The contract does not allow for reasonable accommodation in terms of allowing me to continue my membership with a medical aid that can cater for my medical requirements. (I have a permanent disability and if I join the medical aid they are trying to force me to join, it will cost me between R40 thousand and R100 thousand per year in payments that their medical aid cannot provide, where my medical aid provides 100% cover.) That is a quarter of my salary. I still need to eat food and live and pay my debts! The offer is time limited.

Questions:

1) As company B did not make me working provisional on signing any contract, and I have worked for them for a period of 8 weeks, can they make paying my my salary conditional on me signing a contract?

2) Does my email of 9 March 2012 confirming the terms and conditions and pay being the same as company A bind company B in any way, based upon the fact that I have had no communication to the contrary, even after bringing the email to the attention of my line manager - It has never been disputed?

3) How can I respond to an offer of employment that does not cater for my rights as a diabled person, and is thus illegal in my opinion, in a manner that neither refuses nor accepts the offer but keeps the other party bound to make an offer that is legally acceptable?

4) If I refuse the offer that is being made to me by company B and simply state that I choose to remain on the present contract of employment that we have then are they still obliged to employ me and pay me? (My assumption is some form of contract has to be in existence for them to allow me on the premises for 8 weeks, require me to deliver some services etc. I just dont know what it is.)

Thanks for your time in assisting me and this forum in this regard.