I must be entitled to some money, what do you think?
I recently resigned after working for four years as a security guard in a private organisation. I called the office to enquire about my service payment but was told I am not entitled for any pay apart from a refund of the money I used to buy my uniform. Am I entitled to service payment? PHOTO | FILE
What you need to know:
- The terminal benefits are also enshrined in the contract should the employee wish to terminate the contract. My advice would be that you get assistance in reviewing your contract with a view to establishing your entitlements.
- Gratuity or service pay is usually established under a collective bargaining agreement (CBA) negotiated by the union on behalf of employees. This will only be applicable to you if you are a member of the recognised Union.
- In some instances, it is also included as part of the contract, making it a legal obligation for the employer to pay for it. If none of the above apply to you, then you are not eligible for service pay.
Q. I recently resigned after working for four years on an annually renewable contract as a security guard in a private organisation.
I called the office to enquire about my service payment but was told I am not entitled for any pay apart from a refund of the money I used to buy my uniform.
Am I entitled to service payment? I feel I am being treated unfairly.
A contract forms the agreement between an employee and an employer, and is also the document that is used as a reference when there is a disagreement or litigation.
I have observed that most candidates quickly read the contract and append their signature without checking the terms outlined in the document. It could be the excitement of getting a job. It is important to study the contract, and if need be, request for time to review it. Most organisations allow a maximum of seven working days before the contract is returned to the employer.
Take advantage of that time to protect your interests in future when disengaging with your employer. The contract also indicates the terms that govern the employee when in employment, such as leave days, sick off entitlement, remuneration, working hours and the duration of the contract. It also stipulates the notice period and clearly outlines the obligations from both the employee and the employer.
The terminal benefits are also enshrined in the contract should the employee wish to terminate the contract. My advice would be that you get assistance in reviewing your contract with a view to establishing your entitlements.
That said, there are some entitlements that are standard in all contracts. For instance, you are entitled to salary for days worked and leave pay for any days earned but not taken. Gratuity or service pay is usually established under a collective bargaining agreement (CBA) negotiated by the union on behalf of employees. This will only be applicable to you if you are a member of the recognised Union.
In some instances, it is also included as part of the contract, making it a legal obligation for the employer to pay for it. If none of the above apply to you, then you are not eligible for service pay. When you get a new job, be more keen when signing the contract so that you are fully aware of what you are getting yourself into.
