Load shedding is back and nobody’s happy about it. The reality is that you are at risk of losing power for long periods of time, until the national grid is stable again, if ever….
DO YOU HAVE TO PAY YOUR EMPLOYEES DURING LOAD SHEDDING?
The simple answer is YES!
The principle of ‘no work no pay’ does not apply in this circumstance. The labor law is clear, if an employer expects an employee to be at work at a specific time and on a specific day and the employee complies with the requirements, the employer is obliged to pay them for that time.
The fact that the employee is unable to perform the actual service due to circumstances beyond his/her control does not abdicate the employer from remunerating the employee.
Load shedding is a factor that causes many operational challenges and as such both employers and employees are advised to approach the problem proactively, by engaging in meaningful consultation. This is in, an attempt to reach an agreement on ways to manage the situation, before the effects become too detrimental to the business.
This could include but is not limited too;
Short time provision;
Changes to work hours;
Changes to lunch breaks;
Changes to shifts.
Employers do however need to be mindful that they cannot unilaterally change an employee’s conditions of employment with an employee’s consent.
In an event that the employee doesn’t consent to the proposed changes, the employer may have to consider implementing retrenchment procedures due to operational requirements brought about by load shedding.
FOREWARNED IS FOREARMED!
Tiffany Reed: HR & SDF Consultant - Compliance Hub