Such payments are however granted to employees at the discretion of the employer. 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. The answer depends on a wide range of circumstances, e.g. 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… The President announced on 15 March 2020 that “gatherings of more than 100 people will be prohibited”. There is no requirement under South African employment legislation for employees to receive these payments. In Labour News by Pieter 2 September 2011 21 Comments. South Africa’s Public Enterprises Minister Pravin Gordhan says employees at Mango Airlines had voluntarily taken pay cuts. 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)). 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. Risk mitigation Minister of Employment and Labour Thulas Nxesi has gazetted new directives regarding the compensation of employees who contract COVID-19 in the workplace. 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. Kaffir Boy: An Autobiography--The True Story of a Black Youth's Coming of Age in Apartheid South Africa. It is really stressful in the Hospitality industry. New rules for South … 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. What to Do About a Pay Gap at Your Workplace. 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. 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. 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. Paperback $12.99 $ 12. 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 your South African law questions answered by Experts. Get it as soon as Mon, Jan 25. 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. In the event that new information about the virus, its transmission, and impact, becomes available you may have to modify your plans accordingly. 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. 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. The employer may not deduct more than 25% of the employee’s remuneration at a time. 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. 8-01-1912 The African National Congress is founded in Bloemfontein . Thank you so much. Contact Form. that the employer pays in full or in part, or that time away from work be taken as annual leave. They were fined but they won and the new licences were withdrawn. ... the change and was called in and told my job was now redundant but they had the job i requested but at reduced pay. the travel and hospitality industries, may be thinking of retrenching some of their staff. 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. So how does it work? To get your comments published, make sure it is civil and adds value to the discussion. 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. March 27, 2019 Posted by Jane Hurst. Employers and employees should consider entering into arrangements that are sensible in the circumstances. Self-imposed quarantine: Employees in self-imposed quarantine are not automatically entitled to be paid for the period of absence. Panic, be informed, be sensible launched a website with useful information see... They could affect you prohibited ” as other cost-cutting tactics purposes only and does not legal! 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