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Tola Mitsubishi employees upset at ‘unreasonable’ contracts

- allege management forcing employees to sign or resign
Employees of Tola Mitsubishi are upset at the way in which they were handed new contracts after the company was recently bought by International Motors Limited and are also outraged at several clauses contained in their new contracts. Photo: VINO
Some of the employees suggested that they should have been given an alternative to be rehired by the new company and suggested that they should have been paid off by the previous management as well after the company was sold. Photo: VINO
Some of the employees suggested that they should have been given an alternative to be rehired by the new company and suggested that they should have been paid off by the previous management as well after the company was sold. Photo: VINO
Employees were reportedly dissatisfied with several clauses contained within their contracts. Photo: VINO
Employees were reportedly dissatisfied with several clauses contained within their contracts. Photo: VINO
It was further suggested that the Labour Department should investigate the situation as some felt it was not handled appropriately. Photo: VINO
It was further suggested that the Labour Department should investigate the situation as some felt it was not handled appropriately. Photo: VINO
FISH BAY, Tortola, VI – Employees of Tola Mitsubishi are upset at the way in which they were handed new contracts after the company was recently bought by International Motors Limited and are also outraged at several clauses contained in their new contracts.

Several employees told Virgin Islands News Online that they were handed contracts late on the afternoon of December 16, 2013 and instructed through a staff memo to return the signed contracts to management by the following day.

Some employees contended that they were given their new contract around 5 P.M. and were not given enough time to review it properly and make an informed decision. Several employees also alleged that they were handed an ultimatum to sign the contract by the end of this week or be left without a job.

The employees have protested that the manner in which this was done is distasteful and insensitive and several have expressed their dissatisfaction in the way the new management has operated in this instance.

While some of the employees have signed the contracts and suggested they had no alternative given their circumstances, others have bluntly refused to sign and are showing no indication of doing so.

Other employees when approached also suggested that they had no issues with their contracts and signed willingly but it was reported that the majority of employees were unwilling to sign theirs.

Some of the employees suggested that they should have been given an alternative to be rehired by the new company and suggested that they should have been paid off by the previous management as well after the company was sold.

Terms and conditions unreasonable

Several employees are further outraged at the terms and conditions contained within the contracts seen by this news site and have cited some of them as being highly unreasonable.

One of the clauses under contention for instance can be found under the heading ‘Period of Employment’ and states ‘The Employer hereby engages the Employee and the Employee agrees to work for the Employer on the terms contained herein from the Commencement Date upon the terms and conditions appearing herein and terminating on the day of the 65th birthday of the herein signed employee.’

Another states that the employer may in its absolute discretion decide to pay to the employee a gratuity while another clause suggests that employees are not entitled to any pension regardless of their years of service with the company.

One concerned employee told this news site that they felt hurt by the way things played out and alleged that contracts were set up in a way for the new employers to be the only ones that benefitted from the arrangement.

Some of the employees also complained that their new contracts meant that they would be paid less than they were paid previously and cited this as unacceptable.

It was further suggested that the Labour Department should investigate the situation as some felt it was not handled appropriately.

One employee felt the general mood at the office was one of tension and indicated that some persons might have been afraid to speak up, prompting them to sign their contracts without protest.

It was disclosed that a meeting was called with senior management of the company after the contracts were distributed and employees expressed their concerns at this forum. Additional meetings are expected to be held between employees and management.

Attempts to contact former owner of Tola Mitsubishi, Mr Bruce Wong, for any comment he wished to make were unsuccessful up to post time.

Director of International Motors Ltd Mr Peter Sorrentino referred this news site to his brother, Mr Neville Sorrentino, who is reportedly dealing with the employees at Tola Mitsubishi. However, repeated attempts to contact him for a comment were also unsuccessful.

31 Responses to “Tola Mitsubishi employees upset at ‘unreasonable’ contracts”

  • Yes (18/12/2013, 09:29) Like (1) Dislike (1) Reply
    What a ting to tell the King
  • Reality check (18/12/2013, 09:42) Like (19) Dislike (16) Reply
    There is nothing wrong with any of this - they should be relieved that someone wanted to invest in the company and their future, regardless. Too many people in this country are treated with kids gloves. Get with the real world.
    • Marie (20/12/2013, 16:50) Like (2) Dislike (0) Reply
      Actually, they are lucky to still have jobs until they can find something better. Some companies just close down and everyone out of work. They might not agree with all the contract, but stay until new employment comes your way.
  • lmao (18/12/2013, 09:58) Like (25) Dislike (4) Reply
    LMAO! This is so funny. I don't see a damn thing wrong with this. People are doing things wrong for so long that when it's right they think it's wrong. Welcome to the REAL WORLD!!!!!
  • labourer (18/12/2013, 10:01) Like (28) Dislike (6) Reply
    The previous owner was suppose to pay off his employees and allow the new owners to hire at a new rate.
    • Marie (18/12/2013, 18:49) Like (7) Dislike (1) Reply

      For some reason I felt something treacherous was going to happen. The new owners can write up any clause they want to. Even though they promised to keep the former employees, the new owner does not have to comply with the old rules of the former owner. There is always a underhanded clause when doing business. The employees should have had a week to submit to a lawyer if this was in their favor. Our poor people always getting the short stick. 

  • qc (18/12/2013, 10:07) Like (1) Dislike (1) Reply
    here we go again
  • Catch 22 (18/12/2013, 10:26) Like (29) Dislike (1) Reply
    Without reading the contract in its entirety, one cannot make a fair opinion. However, judging from the bits and pieces reported, it sounds like 2 issues to me:

    The commencement date of employment for the carry-over staff from Tola is from the date of the new contract until they reach the age of 65 (unless otherwise terminated or resign prior). This being the case, it seems to me that they have forfeited all of their benefits including severance pay from the original company, Tola. Tola then, should have paid all staff their due severance upon transferring the company.

    Persons should be given reasonable time to review any document before choosing whether or not to sign it. It sounds like they are being pressured to sign or leave.

    While yes, there is a sense of gratitude that International Motors is keeping the staff, and we agree that the terms and conditions will not be the same as with Tola, it must be fair and balanced.

    You keep the staff, reduce their wages, expand the company, make more money off of their backs, expect quality service - To get all of this, be fair in your dealings Sorrentino.
    • forfeited? Not so! (18/12/2013, 11:08) Like (10) Dislike (1) Reply
      the succeeding company is now responsible for the severance...if they are severed. If they continue to work then they are not severed. As I understand it if you want severance then you can leave. If you are severed in the years to come then you are entitled to severance dated back to when you first started with the previous employer. Read the code. Nothing is forfeited and I'm sure the employees have been told that - nobody does a deal like this without knowing the facts.
      • Catch 22 (18/12/2013, 15:44) Like (1) Dislike (1) Reply
        What do you call it if the date of employment now is the date of the signed (new) contract, and not the date employment commenced with Tola.
    • Jane (20/12/2013, 08:29) Like (1) Dislike (0) Reply
      Reduce their wages? A mechanic at Tola Mitsubishi starts at $5/hr! What kind of wage is that for a mechanic? Men who had been there years not making more than $7/hr.
  • Ah Tell Yah (18/12/2013, 10:28) Like (6) Dislike (1) Reply
    most deals like this terminate employees. Seems to me them few employee want their cake and eat it too. I would be glad to go from the previous owner and he ways to the new owner
  • Struggle Bars (18/12/2013, 11:00) Like (6) Dislike (6) Reply
    If you guys smart you will pad up and seek a lawyer and challenge this arrangement in the court of law.
  • wake up (18/12/2013, 11:07) Like (10) Dislike (1) Reply
    The old owner should have paid off the empoyees. But he was already aware of waht he was about to do along. That is why he meant that the new dealership should take on the staff that he had to avoid paying the staff he did had severance. pay.
    • billyb (18/12/2013, 20:28) Like (1) Dislike (2) Reply
      @wake up...

      You need to wake up and try to better articulate what the heck you are trying to say.
  • santana (18/12/2013, 11:16) Like (3) Dislike (1) Reply
    https://www.youtube.com/watch?v=lQPmpj0ShlQ
  • facts man (18/12/2013, 11:27) Like (10) Dislike (1) Reply
    Just do not go to labour as there is a waste of your time
  • €£¥"¥ (18/12/2013, 11:50) Like (8) Dislike (1) Reply
    Employees of tolasale sorry to hear what happened in your working field. I'll say something to u what ever u do u are the ones who is going to feel it ( labour) don't wast your time going to labour (y) does agreement done went labour already I 'll say keep your jobs little is better than nothing takecare of your family one more thing I work for a company and all we does see is new signs and logo not even a meeting to let us know anything what we know is what we hear on our own so it's not u guys alone so do your job and make the best of it (welcome to my home tola)
  • ..... (18/12/2013, 13:23) Like (9) Dislike (3) Reply
    You all there praising Wong and IML with you all crap (bout keeping things local). As I said before, this deal benefits IML (and Wong). It does not benefit the people of the Virgin Islands and apparently not the employees either. Either way, I could care less. I don't support Tola, and I certainly don't support IML. I'll take my business somewhere else, as long as I can help it.
    • What? (18/12/2013, 15:45) Like (6) Dislike (6) Reply
      So why should it benefit the BVI or the workers? It was his business. WTF is wrong with you people??? He's a businessman. He could have laid off the entire staff and closed down/ sell off, but he didn't. His sale should've benefitted the people of the VI? LMFAOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!
    • @ ..... (18/12/2013, 21:14) Like (1) Dislike (0) Reply
      Will people please stop this foolishness already?
  • Point or no point (18/12/2013, 15:00) Like (6) Dislike (2) Reply
    Employees need to familiarize themselves with the Virgin Islands’ Labour Code before running to the Labour Department for ever little dislike they have with their employer.
  • Know your Rights. (18/12/2013, 15:39) Like (4) Dislike (0) Reply
    All LEGAL workers of this territory need to know their rights as employees. Get a copy of the Virgin Islands Labour Code and know your rights. Many employers are aware of this and would try any thing. First of all, Mr. Wong should have negotiated with his employees whether they wanted to be sold or leave his company. In that way, he was responsible for paying them their severance. They were sold like slaves. Secondly, in order for the new company to change anyone's rate for less, they must pay severance on the old rate. There must be a pension plan in place per the Labour Code. People read and understand the Code. Know your rights. You were sold like slaves. Go to a Lawyer with the Code and have them interpret it for you. The new employer needs sound and fair advice on how to deal with these employees to avoid Labour having to intervene. Employer, please read the Code and act accordingly.
  • car dealier (18/12/2013, 16:32) Like (2) Dislike (0) Reply
    this is very sad hope it turns out better than it sounds
  • Raina (19/12/2013, 08:42) Like (2) Dislike (0) Reply
    Don't waste your time with the Labour Dept.
  • dread (19/12/2013, 09:16) Like (3) Dislike (0) Reply
    I knew this was coming, IML is crap. I recently visited the location and it just had a weird vibe with the people, now I know why. The hardest working people in life always get the hardest treatment.
  • Nothing Wrong (19/12/2013, 18:29) Like (0) Dislike (0) Reply
    Nothing wrong here. Like a previous post said. The people of this island like things the easy way. This is how TOLA should of been handling employees from jump street.
  • chad (19/12/2013, 20:15) Like (0) Dislike (1) Reply
    I just have a question, is the pension plan only for local or belonger or expat is entitle for this pension plan too ?
    Is the new law applied for both local and expat ?
  • Know Your Rights (20/12/2013, 15:50) Like (0) Dislike (0) Reply
    The V. I Labour Code was not written only for Locals. It is there to protect every legal worker. Every Legal worker in this territory should obtain a copy of the code and know your rights. The pension plan covers all workers, Local or Expat. Ask your employer, he/she should answer you and show you the section that speaks to it.
  • CATS!! (20/12/2013, 22:01) Like (0) Dislike (0) Reply
    Seriously, i was looking at videos of funny cats.....how did i end up here? People, very simple....do you have a job? yes? then shut up and be happy, there are a whole lot of young people who just graduated and would kill for the jobs you are so bluntly complaining about. You don't want to work? QUIT. there are a nice number of willing job seekers waiting for your spot.
  • overseas (23/12/2013, 20:54) Like (0) Dislike (0) Reply
    God don't sleep.


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