How many Days Holiday am I Entitled to?
My name is Nelius and I am a new member to this Forum.
On 03 August 2010 I joined a family business. There is no written contract and I had to draw my own List of Duties. My working hours are from 07:30 to 13:00 and 14:00 to 16:30, Mondays to Fridays as a Property Manager. I would sometimes visit the buildings at 07:00 in the morning and remain at the office not taking any lunchbreaks but would kept book of these hours.
I had to travel to Cape Town and my Family (residing in another town) on regular a basis to attend a civil court case during 2009. I got notice that the office would close on 11 Dec 2009 for the festive season and open on the 4 Jan 2010 and that I can go on holiday. During Feb 2010 I again visited my family in to assist them to move to where I am currently stationed and employed. Again I had to fly to Cape Town to attend the hearing for
a property matter. In September 2010 my mother in law passed away and and my wife and I had to do the funeral arrangements in another town where my mother in law lived.
To my surprize I received a document from the director of the companies I work for where the company kept record of all the days, including 4 days Family Responsibility Leave I took (I know I'm only entitled to 3 days) totaling 36 days x my daily salary I receive which totaled R33 000.00. I was also advised that I am now in debt to the company owning them this amount.
I would like to know if there is no contract in place:
1. Entitled to leave and if indeed how many days per annum;I am in a admin position
2. Can the employee debit me with the 3 days Family Resonsibility Leave?
3. Can the money they claim I owe them be taken off my salary without my consent?
4. Can I claim back the hours I work and worked overtime against the days 36 days?