20 Oct06

Topics:Rants Jobs 

Let me tell you a little story. I am sure many people out there have faced a similar situation to the one I am about to describe.

I have this friend, who shall remain nameless, who, two days ago, received verbal warning for "insubordination". Now, let me place this into context a little bit.

A few months ago he went on a weekend retreat with the company for company update and what he was assuming to be a "well done, thanks for your hard work everyone" speech.  To a degree this was the case. However assignments were handed out for various staff members to perform. This wasn't really a big issue, between working on client site, he did work here and there on his assignment.

A month or so later, the manager decided to call the team to a "critical meeting" on a Saturday morning, this being a mere few days prior. That saturday mornig arrives and the meeting is attended. During this session its stated who needs to do what by when and that the progress is going too slowly. Up to this point, all good and well. Its then stated "Once a month EVERYONE will give up a saturday morning to attend these workshops. You will be there. Make a plan." Come Monday morning, our brave hero fires off an email with the intent of getting the question of "how long" answered. The reply came shortly afterwards; "indefinitly".  For my friend there was a loud bell clanging like those old fashion news paper sellers "*clang clang* Get your news paper here! *clang clang*". This one was of the kind I'm sure cats hear just before a major earth quake.

Come the second meeting, some work had been done on the assignments and it was made VERY apparent that this work must be completed over and above your normal working hours. Of course, it was not stated in writing that employees had to "do this in your own time". Hmmmm! During the course of the second meeting (of course, on a Saturday morning when else?) our young hero attempted to plant the seed of having these meetings during working hours between mentioning that the next scheduled meeting he had a wedding to attend. Of course, this got ignored.

Monday morning rolls on and one of his colleges email him mentioning a weekend that is mutually agreeable for them and the other team memebers, our hero diligently replies "why not have it on a Friday so we can actually have a weekend?" in an attempt to water the seed. Ask yourself this. Was that a good idea? Now that it was in writing he had a fellow colleague jump on that band wagon and well a few emails later while there were definitely two factions: those who didn't really mind working on weekends and those who objected. Of course it's the principle and inconvenience caused by having to work on the Saturday. Let alone the 2 hours a day over and above your normal working time to get the additional work done. (No, he isn't afraid of working over weekends or overtime. Carry on reading...)

Right, time for math: 2*5*4 = 40 hrs. We average the number of weeks in a month and number of days in a week, and we forget about the 4 to 6 hours spent in the office in the meetings on Saturday mornings.

Now that the math is done, we should look at the Basic Conditions of Employment Act, 1997, which states:  
" 1) Subject to this Chapter, an employer may not require or permit an employee to work –
             a) overtime except in accordance with an agreement;

b) more than
        i) ten hours’ overtime a week."

and:
             "a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday."

as well as:

            "An employer must pay an employee at least one and one-half times the employee's wage for overtime worked."

Back to the story. The days after final meeting. The aforementioned verbal warning was given. Because of an email suggesting that work take place during prescribed working hours (8 to 5). Especially since its company policy NOT to pay overtime. Imagine what would have happened had he asked for overtime? Disciplinary hearing? War with Afganistan?

So now my friend is, to put it mildly, a little pissed off and in two minds about what it is that should really happen from here.  Suggestions anyone?

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