See further discussion below on risk mitigation. Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. 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). A pay cut may be temporary or permanent, and may or may not come with a reduction in responsibilities. [See postscript below*]. F: 086 510 6417 They were fined but they won and the new licences were withdrawn. 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. 4.6 out of 5 stars 415. An employee is only entitled to paid sick leave if he or she is too ill to work. Occupational Health and Safety the workplace, in particular, the use of the word “kaffir”, visiting upon such misconduct the sanction of dismissal. Returning to work Read on to learn more about how pay cuts may vary, and how they could affect you. Paperback $12.99 $ 12. Find out about Age, Gender, Race, and Pay Discrimination at Workplace in South Africa Complete our Salary Survey and Win a Wage! 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. 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. the travel and hospitality industries, may be thinking of retrenching some of their staff. 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]. Get it as soon as Mon, Jan 25. 99 $18.00 $18.00. South Africa has ratified the core ILO Labour Conventions, and its laws are non- *PS. 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… Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in the workplace. Recently unemployment of African women (according to the official narrow definition) stood at 31%, and unemployment of young women at 52%. - All rights reserved, T: 010 900 4743 Share; It happens all the time. When there is no prior notification about the pay cut. 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. 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.. South Africa’s Public Enterprises Minister Pravin Gordhan says employees at Mango Airlines had voluntarily taken pay cuts. As South African cases of the Covid-19 coronavirus continues to rise, president Cyril Rampahosa is expected to announce further stringent measures … where an employee has travelled abroad privately or might have had contact with others who have contracted the virus. 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. 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. 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. More recently, the Constitutional Court in . 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. Says John A. Commentdocument.getElementById("comment").setAttribute( "id", "a97610ad8f28829e75f9e113a5034b47" );document.getElementById("cff85cafdf").setAttribute( "id", "comment" ); Labourwise is an online advisory service for employers in South Africa. In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter16 March 20205 Comments. 8. said this in relation to the history, This helps. Company policy: Employers may implement rules and policies that are reasonable to manage the risk of infection. 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? Not sick leave 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. What to Do About a Pay Gap at Your Workplace. So, unless the employee has been booked off due to illness, he or she is not entitled to paid sick leave. Some pay cuts also affect an employee’s raises, bonuses, and benefits. When the pay cut is discriminatory. Question: May an employer increase or decrease agreed working hours of its employees? NOTE: Due to the rapid developments surrounding Covid-19, the information provided in this article may be outdated. Thank you so much. Which app do you use for videoconferencing when working from home? The directive further classifies various occupations as very high, high, medium, and low-risk for exposure to COVID-19. 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 … When the pay cut is a response to some protected activity. 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. 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 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. Pay Cuts Pay cuts have been in the headlines, but not as much as other cost-cutting tactics. Special leave 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. The employee must have agreed to the deduction. Employers should be proactive in engaging with their staff in this regard. 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. 8-01-1912 The African National Congress is founded in Bloemfontein . 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. Comments section policy: MyBroadband has a new article comments policy which aims to encourage constructive discussions. The BCEA, section 34 allows only certain deductions from salary for debt and damages caused to the employer. Workers at JCB in Staffordshire recently voted for a wage cut … 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. Working from home Kaffir Boy: An Autobiography--The True Story of a Black Youth's Coming of Age in Apartheid South Africa. What is a Pay Cut? Brief explanation: An employer may not unilaterally change agreed terms or conditions of employment. Minimum Wage in South Africa - 2021 january. When must the employer pay? Answer: Agreed working hours may only be increased or decreased by agreement between the parties. Legislation (2.4.1). Click here for more information. Working from home will count as ordinary working time. Accordingly, wage is the money payable or paid to an employee for ordinary hours of … 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. So how does it work? As the disease spreads and the risk increases, the employer may introduce additional rules and policies that are reasonable in the circumstances. Wages per month are calculated as 4.33 times if a weekly wage is defined. The answer depends on a wide range of circumstances, e.g. South Africa Law. Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in 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 . 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). Challenger, CEO of outplacement consulting firm Challenger, Gray & Christmas, "Real pay cuts for people are something companies are very cautious about doing. 7. This form of ‘special leave’ is not regulated by law. African women and youngsters. Contact Form. We need to know what to do. 23-01-1982 Formula1 Grand Prix drivers went on strike and barricaded themselves in doors in protest against new "super licence" conditions. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article. The South African gender pay gap is estimated, on average, to be between 15% to 17%. Employers and employees should consider entering into arrangements that are sensible in the circumstances. The South African Constitution guarantees the right to equality and also gives protection to all from unfair discrimination. It is really stressful in the Hospitality industry. 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. 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. 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. The President announced on 15 March 2020 that “gatherings of more than 100 people will be prohibited”. 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 … 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. Thank you this will assist so much with our decisions! The Department has put in place a Crisis Management Team which will be guided by … This would have to be dealt with on a case by case basis. Self-imposed quarantine: Employees in self-imposed quarantine are not automatically entitled to be paid for the period of absence. by Mark Mathabane | Oct 7, 1998. Pay cuts are often made to reduce layoffs while saving the company money during a difficult economic period. 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)). What measures should an employer implement in order to comply with its obligations in terms of the OHSA? [See postscript below*]. 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. The employer may not deduct more than 25% of the employee’s remuneration at a time. 2 Quarterly Labour Force Survey, Quarter 2, 2017: Table 3.5 (download here). Nearly half of all unemployed women were new entrants to the labour market. In Labour News by Pieter 2 September 2011 21 Comments. Although the situation may change from day to day, the following points are currently the most salient. 2. New rules for South Africans who get COVID-19 at work, New data shows big spike in weekly deaths during COVID-19 lockdown, Before you switch to Telegram, remember that ads are coming, MTN launches legal action to fight spectrum auction issues, Ooredoo Algeria deploys Nokia’s cloud-native core software to prepare for the future, Future-proof your career by entering the software development industry with Code College, Get the freedom to do more with Vodacom Business Cloud, South African companies buy Tesla Powerwalls for employees working from home, Vodafone considers selling Ghana business to Vodacom, South Africa one of the worst places to be during COVID-19, Google Play Points rewards programme launched in South Africa, Huawei Cloud Summit Africa 2020 – Register now, Tesla's $200-billion question remains unanswered, Assessment of the inherent risk posed by various categories of work, An approved official trip and travel history to countries and/or areas of high risk for COVID-19 on work assignment, A reliable diagnosis of COVID-19 as per the WHO guidelines, A chronological sequence between exposure at the workplace and the development of symptoms. 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. Get your South African law questions answered by Experts. 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 … Additional guidance may be needed as COVID-19 outbreak conditions change. The parties could, of course, come to a different agreement on an arrangement that is fair in the circumstances, e.g. Covid-19 government Headline south africa work. Definitions. 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. South Africa is the second-largest economy in Africa after Nigeria with an employee population of over 10 million. “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. 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. If all men get a pay cut, but no women, that's illegal. 1 Mid-year population estimates, 2017 (download here). guidance to help identify risk levels in workplace settings and to determine any appropriate control measures to implement. It is sometimes negotiated and agreed to at the start of the employment relationship and the terms are embodied in the employment contract. FREE Shipping on orders over $25 shipped by Amazon. When will leave be unpaid? Pay cuts of 10 or 20%, some for a limited period (typically six months) and some with no time limit, are becoming more commonplace. ... the change and was called in and told my job was now redundant but they had the job i requested but at reduced pay. CHANGING HOURS OF WORK. Risk mitigation 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”). Contact info@labourwise.co.za for assistance with short time or lay-off agreements. Payouts for COVID-19 claims are made by the Compensation Fund, which is administered by the Compensation Commissioner. 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. 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. Impact on business 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. 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