AnotherWorld

Ok, so if your contract says you only get a one-off payment, does that override the labour law?

Blue Cat

yes, we had to go with what was in the signed contract, but if you take them to the labour court then the labour comes into play, depends how much cash is involved.

AnotherWorld

Well I'd take them to court as the amounts add up to around $6000. For me this is very significant.

The other thing I've fought for is getting my full gratuity hours and annual leave hours for the month they paid me the salary in-lieu. They've tried to cut it thereby putting me at a disadvantage by paying me in lieu instead of giving 1 month notice.

For all 3 issues I'll file a case with the labour office for the money if they dont agree to pay it.

Blue Cat

how long have you worked for them? gratuity is done in days not hours. I don't get what your saying about paying in lieu? are you not working now and being paid anyway?

AnotherWorld

Ill try to explain it properly. lol.
I was paid 1 month in lieu of notice. That means I am getting paid a months salary instead of getting a months notice. As soon as I was told, I left the office and never went back.

Therefore, I should be entitled to 1) gratuity hours for that month they payed me (but which I didnt work) and 2) annual leave hours for that month they payed me (but which I didnt work); BECAUSE if I had actually worked that month instead of being paid in-lieu, I would have also accrued those annual leave hours and "gratuity hours".

They calculated my gratuity in hours per month. 13.30 hours for a full months work.

Blue Cat

right that was the same as us, but we got paid 21 days salary for each year of employment, we didn't get paid gratuity for the month in lieu of notice, we could have argued the point but to be honest with you I just wanted it finalised so we could move on. Tomorrow I am going to try and see if I can find a Labour Lawyer who is prepared to give us free advice on such topics.

soukie

AW - how long have you worked for them?

AnotherWorld

18 months.

Slingshot

Thanks Bluecat but unfortunately I can't help him right now
I've given him a contact at an agency so let's hope they can help

Ed - it may be worth you putting up another post with Project Architect in the title so it gets noticed. Like I said in my pm there are some out there recruiting by project

AnotherWorld

I got my extra 1 months worth of hours and allowances.

No agreement to pay relocation again though. Anyone have any opinion on this? They've said its because my contract states its a "one off" payment for incoming staff, not outgoing.

Blue Cat

good news about the months salary etc, if it says in the contract they won't relocate you home then you might have to accept that. I know it says if you are on a temp contract they have to though? that labour law doc is as clear as mud.

soukie

They MUST pay your airfare to the country of recruitment -in my opinion the shipping allowance is a debatable one particularly if your contract says "one off".

AnotherWorld

Hmm I dont even know if my contract is temp or perm. I dont have a copy of it I lost it.

I think I will accept what they've given me now.

Although Im leaving the country before they cancel the visa so next is trying to argue to pay for the ticket I bought AFTER I get back home....