retrenchment during lockdown south africa


Retrenchment is a form of dismissal due to no fault of the employee. As mentioned above, independent contractors are not afforded the same protection as employees by the LRA with the result that should the employer need to terminate an independent contractor’s contract, the employer will have to terminate the contract in accordance with the termination clause of the particular contract. Section 210 of the Act directs that if any conflict arises between the Act and the provisions of any other law save the Constitution, the provisions of the Act will prevail. As mentioned before, being retrenched isn’t just as simple as your employer giving you notice. Disaster Management Act: Regulations: Alert level 3 during Coronavirus COVID-19 lockdown Alert level 3 We are at an extremely dangerous point in our fight against the pandemic and therefor Cabinet has decided to put the country on an adjusted Level 3 from 29 December 2020 until 15 January 2021, whereafter it will be reviewed. Be the first to know when we update the LexisNexis COVID-19 Resource Centre, Lebogang is a candidate attorney at Gerhold and van Wyk Attorneys, based in Bryanston, Johannesburg. The recent decision made during March 2020 by the South African Government declaring the Coronavirus pandemic (“Coronavirus”) a National Disaster has left many independent contractors and employees uncertain as to their income and employment security in the work place. Nationwide LockdownOn 23 March 2020, President Cyril Ramaphosa announced a nationwide lockdown. This article (and the information contained herein) should not be construed as being legal advice, and members of the public are advised to consult their legal practitioner where possible. Read: How To Apply for Police Service Employment in South Africa. Should you require any assistance in the retrenchment process as a result of the Coronavirus, we recommend that you contact one of our experienced attorneys who will be able to assist you through the process. Directions for employers to pay workers and not retrench them during the lockdown stand withdrawn since 17 May. Whilst measures have been implemented by the State to assist employers in retaining staff, if an employer contemplates dismissing one or more of its employees for reasons based on operational requirements, it must comply with Section 189 of the Act. The national lockdown and the recent credit agency downgrades have left many business owners with very few options as uncertainty prevails and the risk of mass retrenchments becomes a very real possibility. An employee who finds themselves in a retrenchment situation would first have to ascertain whether the dismissal was both procedurally and substantively fair. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. ***, Copyright 2020 Harris Billings Attorneys in Fourways, Notaries & Conveyancers |. A fair retrenchment process and your legal rights in South Africa. 20 Apr 2020. 4. Retrenchment is a form of dismissal due to no fault of the employee. In the matter of SABC v McKenzie (1999) 20 ILJ 585 (LAC), the Court found that a person is an independent contractor in the following instances: It is of paramount importance to note that independent contractors are explicitly excluded from the definition of an employee under the Labour Relations Act 66 of 1995 (“the LRA”), and they are therefore not afforded any protection offered to employees by the LRA, specifically in instances of termination. Technological needs: Occurs where new technology makes a position in the company redundant. According to Sleep Foundation, this is how much sleep the following age groups need to function properly during the day. Fine Redundancy Notice Template Ideas Resume Ideas namanasa 618800 Letter Termination Employment Sample Termination Service 585680 Our intention is that these retrenchment letter template south africa pictures gallery can be a guidance for you, bring you more references and also present you what you looking for. Like many other countries worldwide, South Africa went into a 21-day national lockdown on 27 March, in an effort to help slow down the spread of the Coronavirus (COVID-19). Employers, from large corporations to small to medium entrepreneurs and businesses have had no alternative but to implement short time work, reduce salaries, place Employees on unpaid leave as a no work no pay circumstance during the lockdown, or regrettably have had to resort to retrenchment of their Employees as a direct result of the COVID-19 nationwide lockdown, the consequences of which has … See also: Immune-boosting recipes during Covid-19. ... You do not have to be a South African citizen to claim from the Road Accident Fund for bodily injuries sustained from a motor vehicle accident if the accident occurred within the boundaries of the Republic of South Africa. ConclusionThe Regulations and Directives do not permit an employer to deviate from the provisions of the Act, nor is there any prohibition on dismissing an employee for operational requirements. These consulting parties include those mentioned in the collective agreement as well as the registered trade union … The employer is obliged to consult for a period of 60 days from the date on which the retrenchment notice is issued.” “The long-term impact of the lockdown remains difficult to predict,” Myburgh concludes. Unfortunately the same cannot be said for independent contractors who are not afforded the same protection and relief. Learn more about the retrenchment process in SA here. An independent contractor works only subject to the contract. COVID-19: DOMESTIC WORKERS DURING THE LOCKDOWN IN SOUTH AFRICA. South African law, specifically section 189 of the Labour Relations Act, states that employers cannot retrench employees without following due process. The Act defines “Operational requirements” as requirements based on the economic, technological, structural or similar needs of the employer. The employer must also prove that he/she has shared with the targeted employees (or their representatives) all documentary and other information pertinent to the retrenchment. https://www.hbattorneys.co.za/retrenchment-during-the-coronavirus-lockdown any other person who in any manner assists in carrying on or conducting the business of an employer. Harris Billings Incorporated will not be held liable for any damages suffered as a result of reliance on this article (or the information contained herein). Please share your thought with us and our readers […] If the employee is successful at the CCMA, the employee may be entitled to re-instatement, back pay, re-employment, compensation or any other remedy which the CCMA or applicable bargaining council may deem fit. If proper retrenchment procedures are followed, retrenchment packages may come in various forms, namely, but not limited to: Should an employee find themselves in a position where they have been unfairly retrenched, they have the right to refer their dispute to the Commission for Conciliation and Arbitration (“the CCMA”) or the applicable bargaining council within 30 days of the date of retrenchment. One of the implications of the lockdown is that employers, independent contractors and employees have been left “between a rock and a hard place.” Economists have warned that the Coronavirus will have far reaching effects on the South African economy and South Africa will be hard hit with no economic growth and large scale job losses forecast. The retrenchment procedure as laid down in the Labour Relations Act (LRA) must be followed properly and in good faith by the employer. As you can imagine this is the leading reason for retrenchment during the Lockdown. What many companies in South Africa are doing during the lockdown is to negotiate amendments to employees’ salaries. At such instances, both the employer and the worker need to have a good understanding of everything concerning retrenchment in South Africa and avoid unfairness. Andrea Hartzenburg is one of 2.2 million people who've lost their jobs during the second quarter of this year. Coronavirus implications on retrenchment and other remedies employers should consider. The lockdown in essence is affecting the economy of South Africa tremendously. The firm is a general practice, offering clients assistance with all legal matters.Lebogang joined Gerhold and van Wyk Attorneys and Conveyancers in 2019, as a candidate attorney, after graduating from the University of the Western Cape, where she was on the Dean’s Merit List and a member of the Golden Key Society.Lebogang’s passions lie in criminal law, labour law and... Read more. Although independent contractors are not afforded protected under the LRA, they do have legal recourse under the common law. Since the lockdown has commenced, many businesses have found themselves unable to meet their monthly obligations and are considering a reduction of staff. Retrenchments during lockdown - Any dismissal, for operational requirements or otherwise, must be in accordance with the Labour Relations Act 66 of 1995, even during the lockdown period. Retrenchment is a form of dismissal due to no fault of the employee. Rest and sleep See to it that you get enough sleep. Fair retrenchment process South Africa 2019 dictates that the employer has to issue a notice to the affected parties before engaging in talks with them. The coronavirus pandemic and the extended lockdown has had a clear impact on South African companies, with various government bodies reporting an increase in retrenchment and … LegalWise offers assistance and information on retrenchment. Browse on or click to. The South African Judiciary published a list of directives indicating what citizens would pay as fines, ... Legal Rights of Employees Returning to Work during Lockdown Level 3. If the employer acts in good faith and practices procedural fairness within the provisions of Sections 189 and 189A of the LRA, the employee has no grounds for legal recourse against the employer, however, if the dismissal is deemed to be procedurally and / or substantively unfair, the employee will have full protection under the provisions of the LRA. During the national lockdown, section 189 of the Labour Relations Act 66 of 1995 will continue to govern the procedures that must be followed for a fair and lawful retrenchment. As you are aware, the whole world is confronted by the COVID – 19 pandemic, which has seen many countries across the world, including South Africa, implementing national lockdowns in a bid to contain the virus. Section 200A of the LRA provides that, unless proven otherwise and irrespective of the wording or form of the contract concluded; a person is presumed to be an employee if any one of the following circumstances exists in the employer / employee relationship: Retrenchment occurs when the employer dismisses one or more of its employees for reasons based on the employer’s operational requirements. This is dealt with at section 189 of the LRA. https://www.lexisnexis.co.za/.../labour-law/retrenchments-during-lockdown Many people in South Africa have faced challenges regarding their place of work - be it salary cuts, loss of income, retrenchments or liquidation.The Covid-19 lockdown in SA has brought a steep drop in income for most businesses, resulting in some.. The time for performance of the independent contractor is specified. The long lasting prevailing implications of the Coronavirus are at this point unknown. Job cuts due to South Africa’s lockdown: here’s how employees are selected for retrenchment This index ranks the risk of catching Covid-19 based on your activity Next article Who is an employee as defined in the Labour Relations Act? As an independent contractor, it is vitally important to ensure that proper consideration is given to the terms of the contract, as certain clauses may allow for the  termination of the contractual relationship at the sole discretion of the employer with very little warning to the independent contractor (even if a breach of the agreement has not occurred). This is to keep themselves afloat in … The contract terminates on completion of or production of the specified result. We have been banned from buying our favourite foods, going out and enjoying South Africa?s beauty, ... Should we be having sex during lockdown? Obligations and are considering a reduction of staff nuclear option, is to start the retrenchment process, that... 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