The President announced on 15 March 2020 that “gatherings of more than 100 people will be prohibited”. 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.. Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in the workplace. 8-01-1912 The African National Congress is founded in Bloemfontein . Says John A. More recently, the Constitutional Court in . The South African Constitution guarantees the right to equality and also gives protection to all from unfair discrimination. Wages per month are calculated as 4.33 times if a weekly wage is defined. South Africa Law. The Department of Employment and Labour will for now keep its labour centres opened. Returning to work We need to know what to do. 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. Self-imposed quarantine: Employees in self-imposed quarantine are not automatically entitled to be paid for the period of absence. The directive further classifies various occupations as very high, high, medium, and low-risk for exposure to COVID-19. Risk mitigation Pay cuts are often made to reduce layoffs while saving the company money during a difficult economic period. The parties could, of course, come to a different agreement on an arrangement that is fair in the circumstances, e.g. NOTE: Due to the rapid developments surrounding Covid-19, the information provided in this article may be outdated. by Mark Mathabane | Oct 7, 1998. When the pay cut is a response to some protected activity. The Department of Health has launched a website with useful information – see www.sacoronavirus.co.za. 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. 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. 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. South Africa’s Public Enterprises Minister Pravin Gordhan says employees at Mango Airlines had voluntarily taken pay cuts. In Labour News by Pieter 2 September 2011 21 Comments. However, this contradicts information in the same report that says employees had not yet been informed about the cuts. So, unless the employee has been booked off due to illness, he or she is not entitled to paid sick leave. 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. 9-01-1973 A strike wave begins in Durban when 2000 black brickworkers walk off the job and win a doubling of their wages . Accordingly, wage is the money payable or paid to an employee for ordinary hours of … 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. 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? 23-01-1982 Formula1 Grand Prix drivers went on strike and barricaded themselves in doors in protest against new "super licence" conditions. 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). FREE Shipping on orders over $25 shipped by Amazon. Answer: Agreed working hours may only be increased or decreased by agreement between the parties. They were fined but they won and the new licences were withdrawn. South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others. the travel and hospitality industries, may be thinking of retrenching some of their staff. 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. 1 Mid-year population estimates, 2017 (download here). Working from home A pay cut is a reduction in an employee's salary. 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 … See further discussion below on risk mitigation. The South African gender pay gap is estimated, on average, to be between 15% to 17%. Such payments are however granted to employees at the discretion of the employer. The employee must have agreed to the deduction. Pay Cuts Pay cuts have been in the headlines, but not as much as other cost-cutting tactics. Some pay cuts also affect an employee’s raises, bonuses, and benefits. 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. It is really stressful in the Hospitality industry. ... the change and was called in and told my job was now redundant but they had the job i requested but at reduced pay. 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. Get your South African law questions answered by Experts. Special leave To get your comments published, make sure it is civil and adds value to the discussion. If no agreement is reached, employers may have to follow the retrenchment process as a last resort. The employer may not deduct more than 25% of the employee’s remuneration at a time. Impact on business The BCEA, section 34 allows only certain deductions from salary for debt and damages caused to the employer. Labourwise (Pty) Ltd © Challenger, CEO of outplacement consulting firm Challenger, Gray & Christmas, "Real pay cuts for people are something companies are very cautious about doing. 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… 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. 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. 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. 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 … 2 Quarterly Labour Force Survey, Quarter 2, 2017: Table 3.5 (download here). 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. 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. When must the employer pay? 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. When will leave be unpaid? Minimum Wage in South Africa - 2021 january. [See postscript below*]. 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. Employers whose businesses are likely to be severely impacted by the spread of COVID-19, e.g. When the pay cut is discriminatory. Which app do you use for videoconferencing when working from home? 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)). In Sass vs African Life Assurance (2005, 6 BALR 682) the employer demoted the employee for failing to make sufficient sales. There is no requirement under South African employment legislation for employees to receive these payments. Get it as soon as Mon, Jan 25. Thank you so much. Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in the workplace. - All rights reserved, T: 010 900 4743 Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article. [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. Working from home will count as ordinary working time. 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. Fortunately, as explained below, the employer can introduce measures to deal with such situations. In the case of suspected exposure contact the coronavirus hotline in South Africa: 0800 02 9999. So how does it work? 99 $18.00 $18.00. Employers should be proactive in engaging with their staff in this regard. This would have to be dealt with on a case by case basis. In the event that new information about the virus, its transmission, and impact, becomes available you may have to modify your plans accordingly. Find out about Age, Gender, Race, and Pay Discrimination at Workplace in South Africa Complete our Salary Survey and Win a Wage! This form of ‘special leave’ is not regulated by law. 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 … 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. 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. Recently unemployment of African women (according to the official narrow definition) stood at 31%, and unemployment of young women at 52%. Click here for more information. document.write(new Date().getFullYear()); 8. said this in relation to the history, 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]. New rules for South … 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. 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. South Africa has ratified the core ILO Labour Conventions, and its laws are non- 4.6 out of 5 stars 415. 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). Additional guidance may be needed as COVID-19 outbreak conditions change. 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. 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. The answer depends on a wide range of circumstances, e.g. This helps. 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. 2. Commentdocument.getElementById("comment").setAttribute( "id", "a97610ad8f28829e75f9e113a5034b47" );document.getElementById("cff85cafdf").setAttribute( "id", "comment" ); Labourwise is an online advisory service for employers in South Africa. What to Do About a Pay Gap at Your Workplace. 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. 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. 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. 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. It is sometimes negotiated and agreed to at the start of the employment relationship and the terms are embodied in the employment contract. Pay cuts of 10 or 20%, some for a limited period (typically six months) and some with no time limit, are becoming more commonplace. An employee is only entitled to paid sick leave if he or she is too ill to work. Pay cuts can't be a retroactive surprise. Covid-19 government Headline south africa work. Employers and employees should consider entering into arrangements that are sensible in the circumstances. Share; It happens all the time. 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. Workers at JCB in Staffordshire recently voted for a wage cut … guidance to help identify risk levels in workplace settings and to determine any appropriate control measures to implement. Question: May an employer increase or decrease agreed working hours of its employees? A pay cut may be temporary or permanent, and may or may not come with a reduction in responsibilities. 7. Legislation (2.4.1). 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. *PS. 1. the workplace, in particular, the use of the word “kaffir”, visiting upon such misconduct the sanction of dismissal. In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter16 March 20205 Comments. 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African women and youngsters. Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. What measures should an employer implement in order to comply with its obligations in terms of the OHSA? Brief explanation: An employer may not unilaterally change agreed terms or conditions of employment. Implementation of Health and Safety in the Workplace. Contact info@labourwise.co.za for assistance with short time or lay-off agreements. where an employee has travelled abroad privately or might have had contact with others who have contracted the virus. Nearly half of all unemployed women were new entrants to the labour market. Comments section policy: MyBroadband has a new article comments policy which aims to encourage constructive discussions. 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. CHANGING HOURS OF WORK. F: 086 510 6417 Company policy: Employers may implement rules and policies that are reasonable to manage the risk of infection. The Department has put in place a Crisis Management Team which will be guided by … Although the situation may change from day to day, the following points are currently the most salient. Read on to learn more about how pay cuts may vary, and how they could affect you. E: info@labourwise.co.za As the disease spreads and the risk increases, the employer may introduce additional rules and policies that are reasonable in the circumstances. that the employer pays in full or in part, or that time away from work be taken as annual leave. Paperback $12.99 $ 12. For the latest developments see our most recent article. 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”). 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. “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. Thank you this will assist so much with our decisions! Definitions. 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. March 27, 2019 Posted by Jane Hurst. Not sick leave Occupational Health and Safety When there is no prior notification about the pay cut. As South African cases of the Covid-19 coronavirus continues to rise, president Cyril Rampahosa is expected to announce further stringent measures … Contact Form. 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). 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. 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