I recently resigned from my job in the Catering industry. (Management Level)
My employer is reluctant to acknowledge the in lieu days that I believe I have accrued over the last six months. There is no mention of working hours or days in my contract. Since I have started working I was scheduled 5 days on and two days off per week. In the last conversation with the HR manager I gathered that this IS the case and did my calculations according to this. The only record I have of days worked, is my personal work diary. I have given this through to my employer but I am getting no feedback.
How can I address this issue, as this works out to a fair amount of money.
Where your contract is silent, the Basic Conditions of Employment Act usually provides the particulars of your employment agreement. Since this boils down to remuneration, underpayment or non-payment can be referred to the Department of Labour, who will send a labour inspector. The labour inspector will then attempt to persuade your employer to pay your salaries in terms of your contract. Failing this, the inspector can issue a compliance order, which can be made an order of the Labour Court if the employer still fails to pay you.