Q: Can a company change an employment contract without agreement, and affect how we used to be paid in the process?

I have been employed for more than 5 years to date by LIBERTY HOLDINGS (PTY) LTD. Then was/still transferred their business to another company called JHI (PTY)|CUSHMAN WAKEFIELD EXCELLERATE (PTY) LTD. The marriage entered to is to manage their properties and employees. In that business transfer process our employment contract was not affected. So the new company assuming business altered how we have been getting paid by LIBERTY as shift workers citing it was a new venture for them, they have never worked with shifts on their payroll. After numerous consultations about a 1 year they fixed shift allowances, but was still not enough as they still not paid us in accordance to our contracts as 6 hours shift workers. As 6 hours workers we work 30 hours per shift than the normal 40 to 45 hours per week. So we continued engaging them since 2015 until now 2019 and they have not fixed it, we have exhausted all required protocols as Human Resource seems reluctant to assist us. Please Advise?

1 Lawyer Answer

Bruce Alexander Minnick

Answered

A: This seems more like an accounting and bookkeeping question than an employment law question. In any event, if you have an employment agreement you might be able to enforce the agreement; Consult a local lawyer about it.

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