Hi There,
I am in desperate need if sime advice.
It is a rather long story so I do appreciate your time. Here goes.
I was employed by a company at the end of January this year. I worked for three months without a contract as my employer wanted to make sure I was able to do the required job, as he had been 'done in' by previous people.
At the end of my third month with the company he issued me with a sub contractor contract. He informed me that after I sign the contract my salary will no longer be paid on the 25th of the month but my pay day will fall on the last day of the month. I also do not get sick leave and if I am not at work I do not get paid regardles of the circumstances. I had taken 2 days off prior to receiving my contract to have a tooth pulled at the clinic. The tooth could not be pulled immiediatly as there was an abscess that had to be treated first. I supplied them with a doctors note for both days.
A days wages was deducted, when I queried the deduction I was told that as a sub contractor I do not qualify for sick leave however I had not even seen the contract at that stage.
I was having some issues with transport to and from work. I asked for skme assistance in that regard as I stay quite far away from the office because the rentals are too high in that area.
He offered to buy me a car that I could then pay him off monthly for a period of 6 months. The car was in need of some repairs and he insisted that it went to a mechanic friend of his to have the repairs done. I asked if he could not rather buy the required parts and I could repair the car myself. He refused.
There were multiple faults on the car including the gearbox apparently.
The repairs came to a total of around R10 000.
After having the car handed over to me. It still had the same issues. Second gear was a problem. The handbreak worked for a day. And the breaks lasted a month.
I informed him of the issue and he just laughed. I had to replace the clutch cable ( which sorted out the issue with the gears as well.)
I installed a radio as the one in the car was not working.
I did not fight too much as I needed the vehicle and it was a great help.
I was paying R6000 per month for the car which came directly off my salary.
He was deducting additional monies for various reasons but mostly just as he wanted.
I had taken 2 days a Tuesday and a Wednesday in July as I had bronchitis but returned to work on the Thursday. I did not bring a doctors note as I did not qualify for sick leave.
The following Monday I had to see a social worker for a family issue.
When I informed that I would not be coming to work. I was told to return his car and all property belonging to the company as in his opinion I do not want to work.
I returned everything that belonged to him the following tuesday morning as I had to go back to the social worker.
I havent heard from him since.
I emailed them yesterday requesting my car radio and a drill that I left in the car.
I also requested copies of my contract, the acknowledgement of debt agreement for the car, salary advice for June.
I enquired also about my pay for July 5 days plus overtime.
I have had no response.
My contract stipulated that a ten day notice period was required by either party prior to termination of the contract.
I am currently in a very difficult situation I have paid R18 000 rand for a car that I do not have I am not able to pay my rent and due to the additional deductions on my salary I am in a very dufficult financial situation.
I am af my wits end as I do not know what to do?
If you can assist in any way it would be greatly appreciated.
Am a member of labour protect I was not pay my OSD in my hospital when I went to HR I was told that I do qualify but I will get it next year,now my problem they do not want to write it down.What can I do? my membership number is ECT108346.