no work, no pay law in south africa

no work, no pay law in south africa

The Court in this case had to decide whether the Respondent company ought to be placed under business rescue in terms of S131(4)(a) of the Companies Act 71 of 2008 (the Act). The same goes for paid leave – you need to apply for it so do not assume that your employer will cover up for the day that you were absent by writing it off against paid leave. Government is working on a number of labour interventions to curb the impact of the coronavirus pandemic on South African workers. If you're having a problem involving the South African legal system, a South African law Expert on JustAnswer … While it may be the democratic right of workers to strike this is not a right that they are paid to exercise. When is no work no pay applied? This is not the case. For outsiders trying to do business in South Africa, navigating the legal system can be a challenge. If you are unwell for just a day or so and did not see a doctor then understand the implications of your action. While a number of essential workers continue to operate during South Africa’s coronavirus lockdown, those who are not in essential services and cannot work remotely, face … The medical certificate must be … However, it is important for workers to realise that the law does not allow them to do as they please and employers do not live in fear of taking action against wayward workers. The employee is under no obligation to work … No Work No Pay… GoLegal is a leading industry news and information portal for the South African legal sector, catering to attorneys, corporate counsel, legal scholars, policy makers and other corporate and legal interest groups. The ‘no work no pay’ principle has been highly topical during this Covid-19 lockdown period with much confusion surrounding the legalities when it comes to employers having to continue to pay, or not pay, their employees. Essentially a striking worker is in dispute with the employer about some point or the other – in South Africa this is most often a wage or salary dispute. Know more about Employee Labour Law in South Africa. The Court thereby concluded on the point and held that supervening impossibility was not applicable and the Respondent company had a legal obligation to pay its employees. This is where it ends though. All … The payment must be done in South African … The practical aspects of law examined in real life situations. Copyright 2019. Technically the employee just outside the work premises but is not working. In coming to its decision, the Court had to determine whether the Respondent company had a legal obligation to pay its employees over the Covid-19 lockdown period. In this regard, the Court held: The reality in law is that the employees who rendered no service, albeit to no fault of their own or due to circumstances outside their employer’s control, like the global Covid-19 pandemic and national state of disaster, are not entitled to remuneration and the Applicant could have implemented the principle of ‘no work no pay’. South African workers have the privileged of paid leave, sick leave and even compassionate leave during which they are paid although not at work. NetCV.co.za. Furthermore, the Court reiterated that the duty to pay arises not from the actual performance of the work, but from the tendering of service. Want the latest legal news and views in your box? Our common and labour laws are clear – if the employer expects the employees to be at work at a specific time and on a specific day and the employees comply with these requirements, the employer is obliged to pay … The tender of service is a prerequisite to and the corollary of the employee’s right to claim payment of wages: "no work, no pay." Please note that there is no definition for ‘casual’ workers in our current legislation. Advertising. For example, if you were off work sick but do not have a medical certificate to prove it, you cannot ask your employer to write it off against your paid leave (vacation or holiday time) for the year. The policy is simple and workers need to be prudent when staying away from work. According to the Act, the wages can be calculated on a monthly, weekly, daily, or hourly basis and payment must be done within seven days after the specific wage period has been completed. Casual workers rights in South Africa. This judgment is welcomed as it provides in clear and unequivocal terms that companies are well within their rights to invoke the principle of no work no pay for the Covid-19 lockdown period, as they do not have a legal obligation to pay employees when employees are unable to render their services. Tax deductions for home expenses - Working from home, Promote Legal Conferences, Events and Seminars. The old Basic Conditions of Employment Act of 1983 used to refer to … Students study law in South Africa to work in this field, since it is a requirement. Get information about Labour Laws and Workplace rights of Employees in South Africa at Mywage.co.za You must pay taxes in if you work in South African or own a South African business. Also ensure that you have sufficient sick leave to utilise or you will face the no work no pay policy. It is also important to realise that you cannot offset one leave for another and hope to bypass the “no work no pay” principle. The principle is simple – if you are not at work or working then you will not be paid – provided that you are not on paid or sick leave at the time. Mywage.co.za. The Court held that the obligation the Respondent company had to pay its employees was always capable of performance and was at no time rendered impossible. The grey area, and a point of contention, is whether striking workers should be paid or not. What are the basic requirements for the medical certificate? This often works against employers, especially small to medium enterprises that do not have the time or money to battle employees in court. ... and the complexities of gun law. Evidently, there appears to be a stalemate regarding the duty to pay employees over the lockdown period. Striking workers should do their math carefully – sometimes the loss of income during a prolonged strike may mean that small gains in wage negotiations means that they come out with less in terms of the total year’s salary. The amount you’ll pay … 2019 GOLEGAL ALL RIGHTS RESERVED | WEBSITE POWERED BY, UIF claims and remuneration during lock-down – Covid-19 talking points, Coronavirus – Rights and obligations of employers and employees, Implementing a COVID-19 policy in the workplace, Business rescue is about the beginning, not the end, Under the influence - No proof, no dismissal, Employee incentive schemes: Retaining and incentivising key employees during uncertain times. Taxes in South Africa can be applicable to worldwide income. South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa History. They do not know what leave applies to which situation and they have little concern for how their actions are affecting their employer. The Court started off by commending the Applicant company for not implementing no work no pay over the lockdown period and for continuing to pay employees in full, despite the fact that they were not able to render their services. Home » Labour Law » No work no pay – What do the courts say? ... Tough Times! "No work no pay" principle – What do the labour courts say? The reverse also applies: "no pay, no work… In brief, the facts of the matter were that the Municipality employed three full time shop stewards, all of whom were members of the South African Municipal Workers Union (SAMWU). Therefore, the “no work, no pay” principle would not apply. It may be the “no work no pay” policy today, a warning letter tomorrow, but eventually it can mean you will be out of a job. The philosophy is simply that when a person is employed, it is expected that the work … If you were unwell and could not get to work, then ensure you have a sick note from a medical doctor. Labour law protects workers against exploitation by employers and non-payment of wages. ... the department was entitled in law to implement the no-work, no-pay … Some employers may opt to do this instead of implementing the no-work-no-pay option for their employees. The new rules drop the traditional expat tax exemption that was designed to stop South Africans paying income tax on their earnings at home if they were abroad for 183 days in … The prohibition of work would, therefore, constitute a force/vis majeure which, in our opinion, would temporarily suspend the obligations of the parties in terms of the contract of employment, i.e., the obligation to work and the obligation … This South African tax guide explains the country’s tax system and rates, as well as how to file your South African tax return and pay VAT. They said in accordance with common law and the Basic Conditions of Employment Act, an employment contract is a … While this implies that the Applicant company was not obligated to pay employees for the period for which they did not and could not work, the Court went further and made it abundantly clear that the legal principle of no work no pay is applicable to the Covid-19 lockdown period. In Chemical Workers Industrial Union v BP South Africa (1991) 12 ILJ 599 (IC) some employees went on a legal strike relating to demands concerning wages and ancillary matters. Nxesi urges employers to comply with labour law during lockdown This podcast series takes you on a journey relevant to everybody, bringing clarity to cancer’s complexity. Some businesses need … The Supreme Court has observed that the principle of 'No Work No Pay' can be applied when the employee was not kept away from work by any order of the employer.The … A podcast series about the reality of human trafficking in South Africa. Workers fear no work, no pay during lockdown By Bongani Hans Mar 27, 2020 Johannesburg - Some workers who are forced to stay home because of the nationwide … Legal. After the strike had begun, the employer took a decision to pay bonuses to non-striking employees, who were requested to work … Our attorneys have extensive experience in handling all … Are well protected against any sort of abuse or exploitation this often works against employers, small. Stalemate regarding the duty to pay employees over the lockdown period no work, no pay law in south africa them that you will not be into. Pay employees over the lockdown period in What instances an employer is entitled to rely on the principle ‘... 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