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COVID-19: National Disaster Benefit for Employees

Employment Law , , , , , , 2

The Minister of Employment and Labour, Thulas Nxesi, has announced the highly anticipated measures that the Department will put in place to support and mitigate the impact of the COVID-19 pandemic on affected employees who are contributors to the Unemployment Insurance Fund.

Temporary Lay-Off

The National Disaster Benefit will be accessible to employers who, as a direct result of the current COVID-19 pandemic, decide to temporarily close their business. This will constitute a temporary lay-off. If the employer cannot pay his/her employees for this period, he/she can apply for the Benefit from the UIF. The Benefit will not be linked to the UIF’s normal benefit structure, and will be paid as a flat rate – irrespective of term of service – up to the minimum wage of R3,500 per employee for the duration of the temporary business closure or a maximum of three months, whichever is the shorter period. This Benefit may not be used concurrently with any other UIF benefit.

The following documents are required when applying for this benefit:

  • UI19 and UI2.7 (completed by Employer)
  • UI2.1 (application form)
  • UI2.8 (bank form completed by the bank)
  • A letter from the Employer confirming company shutdown or employee’s “temporary lay-off” is due to the Corona Virus
  • Copy of employee’s ID document

Should an employee fall ill or is temporarily laid off or unemployed for longer than three months, the normal UIF benefits as below will apply.

Reduced Work Time

Should the business remain operational but implement Reduced Work Time, the Benefit payable to the employee will be the difference between what the employer pays and the UIF benefits should the employee lose employment.

The following documents are required when applying for this benefit:

  • UI19 and UI2.7 (completed by Employer)
  • UI2.1 (application form)
  • UI2.8 (bank form completed by the bank)
  • A letter from the Employer confirming Reduced Work Time is due to the Corona Virus
  • Copy of employee’s ID document

For every 4 days worked the employee accumulates 1 credit day, and maximum credit days payable is 365 for every four completed years. Normal UIF benefits are paid as per the prescribed benefits structure from 239 to 365 days.

Illness Benefits/Quarantine (Special Leave)

Where an employee needs to be quarantined for 14 days, the Illness Benefit process will apply. A Confirmation Letter from both the employer and the employee must be submitted along with the application as proof that both the employer and employee agree to the quarantine (special leave). In this instance the letters will stand in place of the medical certificate normally required for the Illness Benefit as self-quarantined will be entered into without prior consultation with a medical practitioner. However, should an employee be quarantined for more than 14 days, a medical certificate from a registered medical practitioner must be submitted along with the Continuation Form UI3.

The following documents are required when applying for this benefit:

  • UI19 and UI2.7 (completed by Employer)
  • UI2.2 (a portion of which is completed by the Doctor)
  • UI2.8 (bank form completed by the bank)
  • Employer Declaration
  • Employee Declaration
  • Copy of employee’s ID document

For every 4 days worked the employee accumulates 1 credit day, and maximum credit days payable is 365 for every four completed years. Normal UIF benefits are paid as per the prescribed benefits structure from 239 to 365 days.

Application forms can also be downloaded from the Department of Employment and Labour website: www.labour.gov.za

In the event where more than 50 employees are being retrenched, the Department has established Rapid Response Teams to assist companies to process the applications. The teams will be deployed to the employer’s premises in each province and employers are requested to contact their local labour offices to arrange appointments.

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COVID-19: National State of Emergency now official, regulations gazetted

Employment Law , , ,

Government, represented by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma, has signed a off on measures to be implemented in response to the Coronavirus outbreak. These measures concern all government departments and it outlines their responsibilities to stop the spread of COVID-19. Included in these are regulations that will have a direct effect on the business owner/employer.

First among them is a prohibition on gatherings – meaning no more than 100 persons may be assembled whether this takes place in open air, in a building or at any other premises. If these gatherings will have alcohol/liquor sold for consumption on the premises, this prohibition limits the number of assembled people to less than 50 persons provided there is enough space. “Enough Space” is defined as at least 1-meter square per person.

This regulation affects any premises where people gather, including bars, taverns, shebeens, clubs, restaurants, event venues, etc.

The regulations are strict on the limitations on the sale, dispensing or transportation of alcohol/liquor.

  • All venues/premises that sell alcohol/liquor (bars, taverns, shebeens, clubs, restaurants, event venues) must be closed with immediate effect, or must not accommodate more than 50 people at any time. This is also dependent on whether there is adequate space for each person with respect to hygienic requirements and a limitation to the exposure of the persons to the possible spread of COVID-19.
  • Premises that provide accommodation as well as selling alcohol/liquor must implement measures to stop the spread of COVID-19, ensuring that adequate space is provided and that all directions in respect of hygienic conditions and limiting of exposure to persons with COVID-19 are adhered to.
  • No special or events liquor licenses will be considered during the national state of disaster.
  • All premises selling liquor must adhere to the following, limited, operating schedule:
    • Weekdays and Saturdays: Open from 09:00 and close at 18:00 (and must remain closed between 18:00 until the next morning 09:00)
    • Sundays and Public Holidays: Open from 09:00 and close at 13:00 (and must remain closed from 13:00 until the next morning 09:00)

Schools and partial care facilities have also been closed (including nurseries and creches). This places an extra burden on employee so still report for duty while often being in turmoil of having no one to look after their children during this time. Employers are encouraged to speak to employees and find a mutually beneficial working solution under these extra-ordinary times.

In these difficult times, business will feel the strain and employers will consider all possible avenues to limit damage and not to stop haemorrhaging capital. To this end, we recommend implementing short-time work schedules rather than retrenchments in order to future-proof your business as well as looking after the best interests of the employees that are dependent on them.

All notifications sent to employees regarding operational changes must be legally drafted in order to prevent later claims of unfair labour practice or dismissal. It is very strongly encouraged to engage the services of a labour law expert in this endeavour to prevent CCMA challenges.

Read the complete text:

 

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COVID-19: CCMA closure directive

Employment Law , , ,

As the country continues to institute processes to deal with the spread of the Coronavirus outbreak, the Commission for Conciliation, Mediation and Arbitration (CCMA) has decided to close all offices from Tuesday 18 March until Tuesday 14 April 2020 unless otherwise directed.

This is done in line with the directives received from the President and the Department of Health as well as the guidelines issued by the Department of Public Service and Administration and the protocols of the National Institute for Communicable Diseases.

This effectively means:

  • All contact processes (face-to-face meetings) are postponed – this includes all matters scheduled to take place from 18 March until 14 April, and no persons will be allowed to walk-in for enquiries or to deliver/serve processes or documents.
  • The CCMA will accept non-contact methods of communication such as email and fax.
  • Discretionary functions such as, but not limited to, training and conferences are postponed. (See exception.)
  • Pre-conciliation processes will continue as these are conducted via telephone.
  • Conciliations may continue if all parties agree to proceed via telephone.

To mitigate the pending backlog, Commissioners may attempt to resolve disputes using telephonic or online methods as approved by the CCMA.

It is important for all parties involved to not allow any perceived pressure (stated or otherwise) to influence their resolutions into premature settlements.

The normal processes of the CCMA will resume at the appropriate time, and cases that are unresolved at that time will be resumed and continued as normal.

Exceptions

In terms of discretionary functions of large scale dismissals and Inquiry by Arbitrator processes that are deemed to be in the public interested, the CCMA may approve a venue that is not in the CCMA offices provided such venues meet the required, strict conditions:

  • All Health and Safety directives, guidelines and protocols as listed (See above) are met.
  • All parties agree to this alternate venue in writing.

The CCMA will continue to asses the situation as it unfolds and take any additional steps or precautions as deemed necessary and will communicate any updates as they become available.

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COVID-19: Tips to keep the office healthy

Employment Law

There are some measures that an employer can implement and document into company policy to help mitigate the spread of any infectious disease in the work environment. The Occupational Health and Safety act places and obligation on the employer to maintain a healthy work environment. This means, in terms of the COVID-19 pandemic, that the employer has an obligation to manage the risk of contamination in the workplace.

Some suggestions include:

1. Providing sanitizing wipes / hand sanitizer

Placing sanitizing wipes / hand sanitizer at the entrances to an office or store and encouraging clients and customers to use the wipe and hand sanitizer as they enter, can help prevent the contagious germs from being carried into the work environment.

Company policy may be adjusted to include a provision that employees must clean their workstations with sanitizing wipes before starting their day as well as after lunch. Special emphasis should be placed on the following hotspots that are frequently touched:

  • Telephone
  • Light switch
  • Keyboard
  • Desktop
  • Mouse
  • Frequently used stationery and office supplies such as staplers
  • Door Handles

2. Handwashing intervals and guidelines

Hand washing is not only important after using the restroom, but also when moving around the office touching various surfaces. It is recommended to wash, with soap and warm water, for a minimum of 20 seconds. Scheduling handwashing intervals is an option to limit instances employees absentmindedly move about the office, touching surfaces, without washing their hands.

3. Implementing social distancing policies

Social distancing is just a fancy way of saying “avoid contact with other people.” Implementing policies restricting touch-contact, such as handshakes or hugs, can limit the transmission of communicable diseases.

4. Sickness at work

Every office has at least one employee that toughs it out no matter how sick he of she may be. This poses a significant threat to the health and wellness of fellow employees, clients and customers in the case of a interpersonal transmissible illness, such as the seasonal flu and COVID-19. Implementing a policy that requires an obviously sick employee to remain at home and not come to work may be required to curb this behaviour.

5. Special leave policy

As the COVID-19 infection spreads, many companies find themselves without a Special Leave policy. Special leave is a type of leave, separate from the BCEA entitlements (such as annual, sick, maternity and family responsibility leave.) This may need to be implemented should an employer deem it responsible to require an employee to go into compulsory quarantine.  Compulsory quarantine (as instructed by the employer or government) does not fall under sick leave unless a medical certificate has been issued. Such a quarantine absence may be deducted from either sick or annual leave entitlements. An alternative may be to allow employees to work from home, where practically possible.

We pray that you and your loved ones are kept safe and healthy through this time.

 

 

 

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