However, in coming to their decision, the court dealt with the topical issue of the applicability of the ‘no work no pay’ principle to the Covid-19 lockdown period. Although the no work no pay principle applies during this time, many unions sometimes negotiates with employers after the end of the strike to at least reimburse for some of the striking days. 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. The amount you’ll pay … … Please note that there is no definition for ‘casual’ workers in our current legislation. In Article Archive, Article Archive - Home by Jan Truter 30 November 2017 Leave a Comment. Some businesses need … This is where it ends though. This is not the case. They said in accordance with common law and the Basic Conditions of Employment Act, an employment contract is a … You must pay taxes in if you work in South African or own a South African business. 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. This individual did not spend any time in South Africa during the 2021 year of assessment. However, we are of the view that the court in Macsteel had it right, and as a court specifically designed to deal with labour issues, such as the principle of no work no pay, their approach is to be favoured. There is no general requirement in our labour law that an employee must have a formal employment contract which regulates all aspects of the employment relationship. Know more about Employee Labour Law in South Africa. 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 … A podcast series about the reality of human trafficking in South Africa. 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. 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. ... and the complexities of gun law. 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 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 medical certificate must be … 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 … 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 Court went further and held that the lockdown level 5 Regulations made it clear that there was still a duty on employers to pay employees, as the implementation of payroll systems was listed as an essential service. It is also important to realise that you cannot offset one leave for another and hope to bypass the “no work no pay” principle. 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 … South African workers have the privileged of paid leave, sick leave and even compassionate leave during which they are paid although not at work. 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. After the strike had begun, the employer took a decision to pay bonuses to non-striking employees, who were requested to work … In this regard, the Court looked at the common law doctrine of supervening impossibility, whereby, performance in terms of a contract is excused when performance is rendered objectively impossible. South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law… 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. Despite this, you still are not obliged to pay the employee - you must decide on that.Remember the principles of no work - no pay, and also "how you get to work is your problem" But be … Nxesi urges employers to comply with labour law during lockdown Get information about Labour Laws and Workplace rights of Employees in South Africa at Mywage.co.za Call your employer at the start of the work day and inform them that you will not be coming into work. Strike action was embarked upon by the members of SAMWU and as a result, the Municipality applied the 'no work no pay' … If you're having a problem involving the South African legal system, a South African law Expert on JustAnswer … The policy is simple and workers need to be prudent when staying away from work. 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. South Africa has some of the toughest labour laws in the world and workers are well protected against any sort of abuse or exploitation. Find out all about the labour laws concerning Overtime Working Hours in South Africa including overtime compensation, overtime pay policy, salary overtime law, working extra hours. Want the latest legal news and views in your box? Casual workers rights in South Africa. Tax deductions for home expenses - Working from home, Promote Legal Conferences, Events and Seminars. All right reserved. 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. Taxes in South Africa can be applicable to worldwide income. Government is working on a number of labour interventions to curb the impact of the coronavirus pandemic on South African workers. 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. Our attorneys have extensive experience in handling all … NO WATER, NO WORK – MUST EMPLOYEES BE PAID? Pretoria - The Commission for Conciliation, Mediation and Arbitration (CCMA) says every employer must take steps to eliminate discrimination in the workplace by ending unfair … 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. 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