can an employer reduce your salary in south africa lockdown

13 / 21.67. Unfortunately, employers can, in most cases, cut your pay or reduce your hours since most employees are "hired at will." Not all companies have continued to pay employees their full salaries during South Africa’s lock-down. as is defined in the current lockdown where 5-day workers lose 13 working days) the benefit would be calculated on a pro rata basis, i.e. Employers can only tell you to reduce your hours if it's already outlined in your contract saying that they can. document.write(''); gross salary) remuneration of the employee and not the decreased remuneration for the period of the Lockdown (i.e. the company's closure must be directly linked to the Covid-19 pandemic. Staff who can work from home should be instructed to do so. The R 17 712 per month remuneration is therefore based on the previous month’s full remuneration and not the “nett” remuneration received during Lockdown. In South Africa, the nation-wide lockdown has seen many businesses having to shut down operations. Most employees have contractually fixed hours. But the salary is obviously reduced. … Where employees are able to work from home, they ought to be remunerated. The employment law landscape has undergone a number of changes and remains fluid as the crisis continues. Time limits. Where the Compensation Fund has accepted liability, the Total Temporary Disablement benefit will apply from date of the diagnosis, and continue for a maximum of 30 days. While salary cuts … For example, it may be possible to reduce the annual leave required from employees, thereby enabling the employer to claim the top up from UIF. Where it is operationally justified (e.g. During the lockdown, the employer may be required to temporarily close their business and send employees home, which constitutes a temporary lay-off. Should such agreement not be forthcoming, the principle of "no work no pay" can be applied. But I am not convinced that it can address the crisis completely,” he said. The South African Labour Law allows employers leeway to pay their employees until the seventh day of the following month. Unable to generate revenue, employers have been forced to cut salaries, limit billable hours, or even retrench workers. where the ordinary wages or salary of an employee named in your application was lawfully below the amount of the subsidy before the impact of COVID-19, pay the employee that amount. The first option is that they can reach an agreement with the employees that they take paid leave for whole or part of the period from 26 March to 16 April. Governments are implementing a range of measures to contain the spread of the virus. It is a lockdown, I don’t know what employers and owners of businesses don’t understand. 1.5 How does the employer apply for this benefit and how does it get paid out to employees? \n document.write('<\/a>'); This includes an already struggling South Africa, where citizens are preparing for Friday’s 21-day lockdown. WEF asked a virologist, South African banks want loan guarantees amid coronavirus fallout. Your new employer will in any event have to apply for a new work permit. Where this is not the case, your employer cannot reduce it without your agreement, as this would change the terms of your contract of employment. Employees who occupationally contracts COVID-19 are covered by the Compensation for Occupational Illnesses and Diseases Act (COIDA). Even when the country was in the throes of the State of Emergency in the 80s and early 90s, work continued, albeit with strict social controls in place and a strong police and military presence. Employers are also not allowed to force workers to use their annual leave or unpaid leave during this period, as the movement restriction was made under the Prevention and Control of Infectious Disease Act 1988, the MoHR said … On March 20, the Labour Ministry issued advisories to the employers’ associations not to terminate their employees (especially precarious workers) and reduce wages for their absences, among others. My work has just inform me that they want to move me from one divion to another division at a lower salary,are they allow to drop my salary. However, the government has encouraged employers not to retrench employees, but rather to have recourse to the Temporary Employer/Employee Relief Scheme. The Department of Labour has published new regulations which outline South Africa’s new Covid-19 Temporary Employee/Employer Relief Scheme (TERS). Employers may consider reaching agreement with staff who work from home on reduced hours for reduced pay. Even businesses allowed to operate (essential services) have had to alter operations and staffing requirements in line with increasing regulations issued as the government comes to grips with the pandemic. 15 January 2020 Reply . By now, Day 4 of lockdown, South Africa has started settling into this strange new reality, and with that, comes a lot of practical questions.. “Those who have donated their own leave days would not be entitled to the aforementioned payout. He added that should the lockdown period be extended – as the president announced on Friday evening – by and additional two weeks – and cause for the employees to exhaust their leave days, those employees should be allowed to further invoke their other leave days (eg compassionate leave, sick leave, annual leave). Yes, if you would have expected those casuals to work for you during the period of the lockdown. In light of the Covid-19 pandemic and the government lockdown that has been implemented in South Africa, employers may implement the principle of "no work, no pay". The South African government has not imposed a moratorium on retrenchments. For an employer to qualify for the temporary relief, it must satisfy a number of requirements, including the following: The DoL published an Easy-Aid Guide for Employers which outlines the process which an employer must follow in order to access the UIF benefits. Employers will usually explain … Working from home entitles employees to remuneration for the period. Essential goods include food and non-alcoholic beverages; cleaning and hygiene products; medical supplies, personal protective equipment, chemicals and packaging of medical supplies; fuel and basic goods such as airtime, electricity and withdrawal of cash. 26 Jan 2021 - Dealing with the stigma of the pandemic, 26 Jan 2021 - Let's get constructive about constructive dismissal - you can still be fired, 26 Jan 2021 - Tes help address growing unemployment through placements in manufacturing, 27 Jan 2021 - Choose a service provider ready for the digital age, 27 Jan 2021 - SAA voluntary severance packages expected to be payed by end of January, 27 Jan 2021 - SASSA reinstates lapsed temporary disability grants, Choose a service provider ready for the digital age, COVID-19: An Accelerant for Inclusion in the Workplace, Re-engage your people before it's too late, SAA voluntary severance packages expected to be payed by end of January, SASSA reinstates lapsed temporary disability grants, Level 3 restrictions will cost one in 12 South Africans their jobs, A letter form the employer confirming that reduced working time is due to Covid-19; and. “It is important to note that this does not mean the employee forfeits the two leave days,” he said. Jan Truter. “Apart from approaching financial institutions, it is my view that if there ever was a critical time for employers to approach their own pension funds for financial assistance this is the time,” he said. Considering that work is unlikely to resume as normal after the 21-day lock-down period, there … … To claim for this benefit, employees should submit the following documents: Employers are entitled to commence with a redundancy process due to operational requirements. Notice pay is the amount of money an employer can pay an employee in lieu of notice when the … If the hours are not worked, there would be no legal claim for a wage or a salary. The labour-intensive nature of the South African economy further reduces the economy’s ability to continue as normal during a time of lockdown. You can google section 189 of the Labour Relations act for the requirements and also … However, the Chief Director of Labour Relations has encouraged employers "not to request employees to utilise their annual leave credits for the lockdown, but to rather utilise the financial assistance that the department has placed at their disposal through the COVID-19 Temporary Employer/Employee Relief Scheme (TERS) in cases where companies cannot afford to pay employees.". I spoke to employers this week and some are saying we’ll give 60% of your salary and 40% of your leave.