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Post Info TOPIC: section 197
Anonymous

Date:
section 197
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Hi 

I have been employed as a sales consultant with a financial institution, and now part of the company have been taken over under section 197.Now the new employer is referring to(us) the sales consultants as Field Agents and we are reqiured to operate outside of the branches to generate sales leads for the new companys call centre to contact the clients to coclude the sale.

Could you tell me if my new employer have the right to make these changes ,as we did not sign new contracts as to our job descriptions and titles to change.



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LP

Date:
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The contract they offer must be no less favourable then the one you had previously.



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Anonymous

Date:
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I was employed by Company A from 1988 to 2008.   In 2008,  the IT service was outsourced to Company B.   Company B lost the contract with Company A and now, on 1 August, I will be employed by a new company Company C under Section 197 of the LRA.    I know that as per the South African Law, I must receive a minimum of one week pay for every year worked in case of retrenchment.  However, when I worked for Company A and B, their Retrenchment Policy wrt to Severance Pay was two weeks pay for every year worked.  I am now being told by Company C that they will offer me only one weeks pay for every year worked in case I am are retrenched.   My question is whether Company A B and C are obligated to ensure that in the event of retrenchment I should receive two weeks pay for every year worked up to the time I was transferred to Company C.  I accept that I should receive  one week for every year worked for the years that I work with Company C going forward.



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Anonymous

Date:
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Again, the existing rights and obligations continue to operate, and furthermore there is deemed to have been no interruption in employment.



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