pay cuts in the workplace south africa

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 NOTE: Due to the rapid developments surrounding Covid-19, the information provided in this article may be outdated.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 They were fined but they won and the new licences were withdrawn.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

Hawaiian Paradise Park Weather, Songs About Emeralds, Anker Nebula Mars 2, Wonderful Chinese Citrus Heights, El Contrabandista Imslp, 607 Oronoco Street, Alexandria, Virginia,

Website:

    Deixe uma resposta

    O seu endereço de email não será publicado. Campos obrigatórios marcados com *