The employer would normally be obliged to pay the employee’s wages - an employee is entitled to pay for tendering his or her services, not for actually working or being present at the workplace. The main reason for taking leave in relation to COVID-19 would be as a precautionary measure – either self-imposed isolation (quarantine) by an employee, or forced leave imposed by an employer in order to limit the risk of infection in the workplace. Says John A. [See postscript below*]. Where there are good reasons for denying an employee access to the workplace, the nature of the work might be such that the employees are able to work from home. FREE Shipping on orders over $25 shipped by Amazon. Commentdocument.getElementById("comment").setAttribute( "id", "a97610ad8f28829e75f9e113a5034b47" );document.getElementById("cff85cafdf").setAttribute( "id", "comment" ); Labourwise is an online advisory service for employers in South Africa. When the pay cut is a response to some protected activity. But having to pay employees might not always seem fair, particularly if employees have recklessly or negligently exposed themselves to the virus by, for example, travelling to a region where the infection rate is high. In our view employers should, as far as possible, take this into account when introducing measures to mitigate the risk in the workplace in terms the OHSA. Get it as soon as Mon, Jan 25. The Department has put in place a Crisis Management Team which will be guided by … by Mark Mathabane | Oct 7, 1998. Question: May an employer increase or decrease agreed working hours of its employees? Which app do you use for videoconferencing when working from home? Economic growth in South Africa has maintained an upward trend for the past decade, while the National Development Plan 2030, put in place by President Jacob Zuma in 2009, aims to deliver sustained 5% growth over the next ten years.. Minimum Wage in South Africa - 2021 january. Get your South African law questions answered by Experts. Although the situation may change from day to day, the following points are currently the most salient. Even 22 years after democracy, the damage of past socio-economic policies endure and people of colour are thus not only 'previously disadvantaged', they have remained in a disadvantaged state. This statement was made in the context of social and community gatherings and it is not clear to what extent it applies to the workplace. Since the publication of this article, the DoL has created a special dispensation whereby the a 14-day quarantine period be regarded as “special leave” which can be claimed from the UIF under the category of Illness benefits – see further information at https://www.labourwise.co.za/downloads/topical-temporary-download. It would therefore be advisable to seek alternatives to retrenchment, such as for employees to work short time or to be laid off temporarily without pay. Employers whose businesses are likely to be severely impacted by the spread of COVID-19, e.g. Contact Form. 99 $18.00 $18.00. Where employers deny employees access to the workplace due to the perceived risk of infection of others (forced leave imposed by an employer in order to limit the risk of infection in the workplace), e.g. Some pay cuts also affect an employee’s raises, bonuses, and benefits. the workplace, in particular, the use of the word “kaffir”, visiting upon such misconduct the sanction of dismissal. Company policy: Employers may implement rules and policies that are reasonable to manage the risk of infection. An employee is only entitled to paid sick leave if he or she is too ill to work. South Africa’s Public Enterprises Minister Pravin Gordhan says employees at Mango Airlines had voluntarily taken pay cuts. The answer depends on a wide range of circumstances, e.g. March 27, 2019 Posted by Jane Hurst. It added that the above categories of occupations only exist as a guideline, and every employee regardless of occupation is entitled to make a claim for compensation in the event they contract COVID-19 at the workplace. The President announced on 15 March 2020 that “gatherings of more than 100 people will be prohibited”. Such payments are however granted to employees at the discretion of the employer. Employers should be proactive in engaging with their staff in this regard. Special leave 8. said this in relation to the history, Comments section policy: MyBroadband has a new article comments policy which aims to encourage constructive discussions. Pay Cuts Pay cuts have been in the headlines, but not as much as other cost-cutting tactics. 4.6 out of 5 stars 415. Self-imposed quarantine: Employees in self-imposed quarantine are not automatically entitled to be paid for the period of absence. Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in the workplace. In the event that new information about the virus, its transmission, and impact, becomes available you may have to modify your plans accordingly. When there is no prior notification about the pay cut. So how does it work? 1. In the new South Africa, we might no longer have park benches marked "Whites Only", but unfortunately the scourge of racism is still lingering in this country. There is no requirement under South African employment legislation for employees to receive these payments. Pay cuts of 10 or 20%, some for a limited period (typically six months) and some with no time limit, are becoming more commonplace. Don’t panic, be informed, be prepared, be sensible! Answer: Agreed working hours may only be increased or decreased by agreement between the parties. Where it is important for an employee to return to work sooner, or in cases of doubt, it would be reasonable for an employer to require the employee to be tested and to provide the employer with a medical certificate by a medical practitioner confirming that it is safe for the employee to return to work. 23-01-1982 Formula1 Grand Prix drivers went on strike and barricaded themselves in doors in protest against new "super licence" conditions. Occupational Health and Safety 6 - research brief on gender and equality in south africa BACK TO TABLE OF CONTENTS 1 INTRODUCTION South Africa remains the most unequal country in the world, measured in terms of income and wealth.1 Inequality often overlaps with poverty, socio-economic disadvantage, and race. When the pay cut is discriminatory. However, this contradicts information in the same report that says employees had not yet been informed about the cuts. Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in the workplace. Pay cuts are often made to reduce layoffs while saving the company money during a difficult economic period. What measures should an employer implement in order to comply with its obligations in terms of the OHSA? In order for Employers to ensure that they are complying with South African labour laws during this concerning period, it is imperative for the Employer to implement the rules and regulations of the Occupational Health and … Nearly half of all unemployed women were new entrants to the labour market. 1 Mid-year population estimates, 2017 (download here). “This directive deals with workplace-acquired COVID-19 resulting from work-related exposures; exposure to suspected or confirmed cases of COVID-19 in the workplace; or while travelling on an official trip to high-risk countries or areas on work assignment or while performing any duty in pursuance of the employer’s business,” the directive states. In the case of suspected exposure contact the coronavirus hotline in South Africa: 0800 02 9999. Examples of these categories are shown below: “The medical officers in the Compensation Fund will determine whether the diagnosis of COVID-19 was made according to acceptable standards,” the directive said. South Africa Law. South Africa has ratified the core ILO Labour Conventions, and its laws are non- Contact info@labourwise.co.za for assistance with short time or lay-off agreements. The directive further classifies various occupations as very high, high, medium, and low-risk for exposure to COVID-19. The employee must have agreed to the deduction. Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article. nature and location of the business, number of employees, type of work, interaction between employees and clients, movement of people and goods, the prevalence of infection at a given time and government intervention. Challenger, CEO of outplacement consulting firm Challenger, Gray & Christmas, "Real pay cuts for people are something companies are very cautious about doing. If the contract of employment does not provide for short time or lay-off, the employer cannot impose these measures unilaterally – it will have to be agreed. that the employer pays in full or in part, or that time away from work be taken as annual leave. We need to know what to do. What only just recently seemed to be a concern to be watched from afar with no real effect on the day to day employment of a working South African or business owner is officially a past tense scenario. Be sceptical of social media hype and seek the guidance of properly qualified health practitioners on the appropriate measures to be implemented as matters progress. Although our manager has already indicated (before the 16th), that we will have to be happy with salary cuts ( not sure if this is permitted, espescially when you are able to buy a new vehicle cash). This means that the employer will not process or pay an employee’s claim directly, but the compensation will be acquired through the Compensation Fund. Thank you so much. In Labour News by Pieter 2 September 2011 21 Comments. 2. [See postscript below*]. Worker Rights Regarding Payment of Wages in South Africa Labour law in South Africa, and more specifically the Basic Conditions of Employment Act, stipulates what “wage” means. Where there is a risk of a person being a carrier of the virus due to possible exposure, a period of isolation (quarantine) for 2 weeks is currently considered to be adequate. New rules for South … Now that the World Health Organisation has declared the Coronavirus (COVID-19) outbreak a pandemic and the President has declared it a national disaster, employers are under increased pressure to take action: What precautionary measures should be taken, what forms of leave apply, how must employees be accommodated, quarantine, how does one deal with a slowdown in business, etc? They were fined but they won and the new licences were withdrawn. A policy may, for example, provide that if an employee travels abroad for private purposes, the employer may deny the employee access to the workplace for a certain period after their return to South Africa and that such absence will be treated as unpaid leave, or as annual leave (unless the employee travelled for business purposes at the insistence of the employer). 8-01-1912 The African National Congress is founded in Bloemfontein . South Africa is the second-largest economy in Africa after Nigeria with an employee population of over 10 million. Find out about Age, Gender, Race, and Pay Discrimination at Workplace in South Africa Complete our Salary Survey and Win a Wage! If all men get a pay cut, but no women, that's illegal. Although many of our articles and other useful information are for free, we offer a professional subscription service for the business owner, HR specialist and manager at a minimal monthly cost. where an employee has travelled abroad privately or might have had contact with others who have contracted the virus. Thank you this will assist so much with our decisions! For the latest developments see our most recent article. guidance to help identify risk levels in workplace settings and to determine any appropriate control measures to implement. Not sick leave Implementation of Health and Safety in the Workplace. In the past few days we have received several enquiries from both Employees and Employers alike in respect of what the Virus or potential risk of the Virus infiltrating a workplace or work environment will be in respect of issues such a… Definitions. There are some obvious measures that employers should implement with immediate effect, such as promoting good hygiene and keeping employees informed on developments related to COVID-19. If no agreement is reached, employers may have to follow the retrenchment process as a last resort. Payouts for COVID-19 claims are made by the Compensation Fund, which is administered by the Compensation Commissioner. The parties could, of course, come to a different agreement on an arrangement that is fair in the circumstances, e.g. Fortunately, as explained below, the employer can introduce measures to deal with such situations. Additional guidance may be needed as COVID-19 outbreak conditions change. Working from home will count as ordinary working time. Impact on business See further discussion below on risk mitigation. Working from home South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others. ... the change and was called in and told my job was now redundant but they had the job i requested but at reduced pay. It is sometimes negotiated and agreed to at the start of the employment relationship and the terms are embodied in the employment contract. CHANGING HOURS OF WORK. NOTE: Due to the rapid developments surrounding Covid-19, the information provided in this article may be outdated. If employees do not agree to changes in working hours, shift structures, pay or any similar measure designed to relieve the burden on employers during load shedding, the employer may be forced to implement retrenchment procedures in terms of sections 189 or 189A of the Labour Relations Act 66 of 1995 (as amended) (“LRA”). 2 Quarterly Labour Force Survey, Quarter 2, 2017: Table 3.5 (download here). - All rights reserved, T: 010 900 4743 F: 086 510 6417 Government intervention: The obligation to pay may further be affected by social regulations introduced by government, such as the imposition of restrictions on the number of employees in the workplace (See further discussion below under Risk mitigation). 9-01-1973 A strike wave begins in Durban when 2000 black brickworkers walk off the job and win a doubling of their wages . The BCEA, section 34 allows only certain deductions from salary for debt and damages caused to the employer. Risk mitigation Workers at JCB in Staffordshire recently voted for a wage cut … Employers and employees should consider entering into arrangements that are sensible in the circumstances. As the disease spreads and the risk increases, the employer may introduce additional rules and policies that are reasonable in the circumstances. Employers have an obligation to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees - Section 8 of the Occupational Health and Safety Act of 1993 (OHSA)). document.write(new Date().getFullYear()); 7. Brief explanation: An employer may not unilaterally change agreed terms or conditions of employment. Accordingly, wage is the money payable or paid to an employee for ordinary hours of … To get your comments published, make sure it is civil and adds value to the discussion. The South African gender pay gap is estimated, on average, to be between 15% to 17%. A pay cut is a reduction in an employee's salary. More recently, the Constitutional Court in . Kaffir Boy: An Autobiography--The True Story of a Black Youth's Coming of Age in Apartheid South Africa. The Basic Conditions of Employment Act in South Africa states that “no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or … The new directives are an amendment to the Compensation for Occupational Injuries and Diseases Act which clarify the circumstances under which employees may claim money from the Compensation Fund in the event they contract COVID-19. However, one needs to bear in mind that, although nobody knows for how long the COVID-19 crisis will prevail, it will almost certainly be temporary. the travel and hospitality industries, may be thinking of retrenching some of their staff. Read on to learn more about how pay cuts may vary, and how they could affect you. When will leave be unpaid? Someone who has just been hired, or hasn’t worked for a company for very long, makes more money than someone who has been there for many years and proven themselves to … The Department of Employment and Labour will for now keep its labour centres opened. As South African cases of the Covid-19 coronavirus continues to rise, president Cyril Rampahosa is expected to announce further stringent measures … The employer may not deduct more than 25% of the employee’s remuneration at a time. Labourwise (Pty) Ltd © The Department of Health has launched a website with useful information – see www.sacoronavirus.co.za. 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Share; It happens all the time. The employer would normally be obliged to pay the employee’s wages - an employee is entitled to pay for tendering his or her services, not for actually working or being present at the workplace. South Africa has made progress towards the realisation of a non-sexist society, but there is still a way to go before the aspirations of those who took part in the Women’s Day march of 1956 are fully realised. *PS. In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter16 March 20205 Comments. This would have to be dealt with on a case by case basis. Returning to work It is really stressful in the Hospitality industry. This helps. South Africa has a long history of gender discrimination and this is evident in the prevailing societal echelons where women are relegated to the traditional subordinated roles. Covid-19 government Headline south africa work. 1 POLICY BRIEF 1 TACKLING WAGE INEQUALITY IN SOUTH AFRICA:THE COMPONENTS OF A NATIONAL MINIMUM WAGE FOR SOUTH AFRICA PAY RATIOS AND CAPPING PAY This is the fi rst in a series of policy briefs addressing the issue of wage inequality in South Africa. https://www.labourwise.co.za/downloads/topical-temporary-download, BOMBSHELL FOR RESTAURANTS AND RELATED ESTABLISHMENTS, RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Abbreviated version], RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Full article version]. Paperback $12.99 $ 12. Wages per month are calculated as 4.33 times if a weekly wage is defined. What is a Pay Cut? The CCMA found this to be unfair as the employer had proved neither that the performance had been bad nor that it had followed legal procedure before implementing the promotion. Recently unemployment of African women (according to the official narrow definition) stood at 31%, and unemployment of young women at 52%. As employee costs spiral and the economy labours, more and more employers are facing difficult business decisions.One option that might be preferable to downsizing is to consider asking staff to work short-time or take a pay cut. When must the employer pay? The South African Constitution guarantees the right to equality and also gives protection to all from unfair discrimination. Legislation (2.4.1). Click here for more information. African women and youngsters. The new directives note that the diagnosis of workplace-acquired COVID-19 relies on the following: If these diagnostic criteria are met, the argument can be made that the employee has contracted COVID-19 at the workplace. In Sass vs African Life Assurance (2005, 6 BALR 682) the employer demoted the employee for failing to make sufficient sales. E: info@labourwise.co.za A pay cut may be temporary or permanent, and may or may not come with a reduction in responsibilities. What to Do About a Pay Gap at Your Workplace. This form of ‘special leave’ is not regulated by law. Now that the country faces a shutdown as a result of Covid-19, millions of workers are concerned about their livelihoods and whether they will still have a job tomorrow, next week or next month. So, unless the employee has been booked off due to illness, he or she is not entitled to paid sick leave. Pay cuts can't be a retroactive surprise. For instance, if you complain that your boss is sexually harassing you, and then your pay is cut, that is called retaliation and it is illegal. www.labourwise.co.za Place a Crisis Management Team which will be prohibited ” also gives protection all! For now keep its Labour centres opened Youth 's Coming of Age in Apartheid South Africa these.. Mediation and Arbitration and Others by Experts report that says employees at the discretion of the word “ ”. Much with our decisions made to reduce layoffs while saving the company money during difficult... 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