Any advise please unfair treatment

[dax]

I have been employed in a sales job for six months and it is paid by basic plus commission. My employee has informed me on the 1st of this month that I will not be paid a basic wage anymore, but commission only worked out by a percentage on what I earn. I have rent to pay and need money to cover my rent which being paid commission only, does not guaruntee. I asked to see a copy of my contract as I have never been issued with one, and I had to sign a letter to receive it, that said by signing, I agree to the terms within it. The contract then says,that I am on a nine month probation period. However, my letter of acceptance to the company, says nothing of any probationary period, and I have never been informed that I was on one. I have 7 days to object to the terms however, in reply.

Can an employer just stop paying your wages without prior written notice, by verbally announcing that I will not be given a wage by the company anymore, from that moment forward? Any inconvenience that may cause to me is irrelevent. I am in a catch 22 in so much as my rent will be due in a month. In spending time trying to find a new job, it is unlikely that I will find one within a timeframe quick enough to cover me. I can stay working at the company and be unpaid, but earn a percentage of what I might make in sales instead. I feel I have no alternative but to accept because of the iminence of practical bills that need paying due, and if I stay I may generate enough to manage. The other option offered to me was a job I dont particularly want on less money with a take it or leave it attitude conveyed. I feel I have been discrininated against, bullied at times and inadequately trained for the job I undertook. With no previous experience, I have not been mentored, guided and trained and as a result, not made target expectations. Interestingly the contract gives a monthly set target figure, which has never been told to me as a requirement prior to, until prouction of the contract six months later. I have certainly been treated differently than others doing the same job who have joined the company since. It is a negative hostile environment to work in with an unprofessonal approach and work ethic. A lot of derrogatory comments are passed between staff constantly, oftentimes offensive and vulgar as well as sexual and intimidating, culminating in regular arguments taking place. However I accepted that, that was something beyond my control and I was gratefull to be employed and looking forward to many years permanent work, by minding my own business, avoiding conflict and just doing my best.

Does anyone have any advise as to my best option?

[zazen.warrior]

I know this will not help you very much but someone will soon come along who can help you or who will at least clear up the legal situation.

I think with under 12 months service you are are on a probationary period anyway with no real protection under the law unless you are a pregnant woman or being discriminated against on grounds of sex or race.

You are describing why I would NEVER take a job involving reliance upon commision in the first place, I wouldn't be able to sleep at night worrying about the bills!

It sounds like a poor working atmosphere anyway. I would take the lower paid job, at least you will know where you are financially and from there look for something else.

[BeauBrummie]

Hi dax,

What does the contract say about how you will be paid and what for?, if it states that you will be paid a salary + commission then that is what they must pay you, unless of course you agree to have the terms of the contract varied.

If your original contract is as I have posted above, I would suggest at this stage you ask for a copy of the greivance procedure, and raise one with your superiors, I know that this not help with your immediate situation but if you follow the rules it will be better for you in the end.

Hope this works out ok for you, and if you keep us posted here we should be able to help.

BB

[colgate01]

Hi Dax,
I hope you don't mind me saying but it all sounds a bit dodgy to me. I have worked in sales for 12 years now and the majority of my salary is commission based. However, I think it is a bit strange that you didn't get a copy of your contract before you started. In sales, you should always scrutinise your contract to check any restrictive covenants which might make moving on difficult. I also find it strange that you should have to sign something to say you agree to the terms before you had a chance to read them? 9 months probation is pretty steep as well although as someone rightly said you have few rights under 12 months anyway.
I think you should do what you need to do to pay the bills in the short term until you can get a job with a proper company.

[dax]

Thanks for all the advise everyone. Dodgy company yes, a shambles in more ways than one the whole place. Would like legal advise really.

[zazen.warrior]

You need to raise a greivance as a starting point, but don't expect this to resolve anything in itself.

In my experience doing this sets you up as a target and gives your employer a chance to begin the cover up, however if you wish to take matters further then you will have to exhaust your employers internal grievance process first.