COVID-19 SA: Most frequently asked legal questions answered
Frequently asked employment law related questions during the National Lockdown in South Africa due to the COVID-19 virus:
Must Employers pay Employees who are not working due to the National Lockdown?
It is our opinion that Employers do not have to provide Employees with salaries during the National Lockdown, save for those Employees who are working (either remotely or for providing essential services.) Normally Employees would tender their services to Employers. Employers would in such circumstances provide Employees with payment (salaries) for the services tendered. During the National Lockdown Employees cannot tender services (save for employees working remotely of employees of Employers providing essential services). Wherefore Employers cannot be forced to provide such Employees with salaries /payment.
Can Employees / Employers claim UIF during the National Lockdown?
Yes. The Department of Employment and Labour has created an emergency fund where Employers can claim UIF for employees during the lockdown (in cases where businesses have closed down or enforced employees to take short time.)
How can Employers apply for UIF during the National Lockdown?
Employers can apply by reporting their closure by emailing covid19ters@labour.gov.za and there shall be an automatic response outlining the application process.
How much UIF will Employees receive for claims during the national lockdown?
The biggest payout may be up to R6 732 per month (for those earning more than R17 702), and the minimum will be in line with the minimum wage. The amounts paid will be a percentage of an employee’s salary, according to a legislated sliding scale from 38% (highest earners) to 60% (lowest earners). The sliding scale stops at R17 702: All employees earning more than this will only be paid 38% maximum benefit, which is R6 730 per month.
Can Employers force employees to take annual or unpaid leave during the lockdown period?
In short, yes, employers can force employees during this time. Employees with leave due should go on such annual (paid) leave. If employees do not have any leave due this period will unfortunate be unpaid leave. The Labour Relations Act does not provide for Employees to take more paid leave than those actually due to them. If Employees however refuse to go on annual leave this period will be regarded as unpaid leave.
If an employee is employed on a fixed term contract, can the Employer suspend the fixed term contract for the duration of the lockdown?
Yes, if it is not an essential service, the fixed term contract can be suspended.
Can employers dismiss employees for not attending work during the lockdown?
Employers can dismiss employees but will not always be allowed do so lawfully. If the Employer provides essential services the Employer can expect employees to attend work. If those employees do not attend work the Employer may take disciplinary action against such Employees. If the Employer does not provide essential services such Employer may not take disciplinary action against Employees for not attending work during the lock down. If your employer has taken disciplinary action against you kindly contact us for assistance.
Kindly send us an email at jp@pprok.co.za with any employment law related queries or visit our web page.