Labour Law, Short Time and Temporary Employee Layoff’s
Companies across the country are facing some tough decisions in the coming weeks. Unfortunately, the Labour Relations Act and Basic Conditions of Employment Act do not make any specific provisions for the current issues facing us.
We are hearing many people discussing Temporary Staff layoffs and Short time, however we all need to still remain on the right side of the law.
Some industry sectors that are party to a signed Collective Agreement have provisions in these agreements to implement short time and temporary layoffs without much hassle however, other industries will need to follow a clear framework to ensure that they do not end up in the CCMA at a later date.
Companies should consider activating the Operational Requirements section of the LRA (section 189) to ensure that the agreements entered with staff in this regard remain lawful.
Occupational Health and Safety Act
Companies need to be aware the Occupational Health and Safety Act is still in effect and governs how employers need to respond to the current pandemic.
The OHS (Occupational Health and Safety Act) read with the Hazardous Biological Agents Regulations requires the employer to provide and maintain as far as is reasonably practicable a working environment that is safe and without risks to the health of employees.
Section 8(2)(b) requires steps such as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard before resorting to personal protective equipment (PPE). However, in the case of COVID–19, a combination of controls is required.
Dealing with Self Isolation, Sick leave and Special Leave
Government is encouraging Companies to relax their sick leave policies to help curtail the transmission of the COVID-19 virus. They are requesting Employee’s to work from home, Self-Isolate and not go out in public if not 100% healthy.
Companies need to be aware that where self-isolation is a reasonable requirement this should be paid. We are still waiting on whether this is going to be covered by UIF
Employees who are forced to Isolate due to International Travel or being infected by COVID-19 are eligible for Special Leave. These employee’s will be compensated by the UIF department.