Casual workers rights in South Africa. If you are not towing the line then expect to face your employer’s ire by the way of a warning letter or application of the “no work no pay” principle. The employee is under no obligation to work … Result: The individual will be subject to tax in Kenya under its domestic law … ... implement the no-work-no-pay ... law for 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. 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 medical certificate must be … 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). 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 problem in most instances, is that worker’s are ignorant and inconsiderate in their actions. Copyright 2019. The reverse also applies: "no pay, no work… Students study law in South Africa to work in this field, since it is a requirement. Advertising. Also ensure that you have sufficient sick leave to utilise or you will face the no work no pay policy. ... the department was entitled in law to implement the no-work, no-pay … Call your employer at the start of the work day and inform them that you will not be coming into work. Furthermore, the Court reiterated that the duty to pay arises not from the actual performance of the work, but from the tendering of service. In Article Archive, Article Archive - Home by Jan Truter 30 November 2017 Leave a Comment. 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. No bees, no honey; no work, no money Section 34 (1) of the Basic Conditions of Employment Act (BCEA), inter alia, allows for an employer to make deductions from an employee’s remuneration in respect of a debt specified in a written agreement, or, where the deduction is permitted by law… 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. All … If you are not towing the line then expect to face your employer’s ire by the way of a warning letter or application of the “no work no pay” principle. What are the basic requirements for the medical certificate? Some employers may opt to do this instead of implementing the no-work-no-pay option for their employees. 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. All right reserved. They said in accordance with common law and the Basic Conditions of Employment Act, an employment contract is a … Mywage.co.za. This is where it ends though. Want the latest legal news and views in your box? They do not know what leave applies to which situation and they have little concern for how their actions are affecting their employer. The Revenue Laws Amendment Act, No. Know more about Employee Labour Law in South Africa. 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’. 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. 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. NO WATER, NO WORK – MUST EMPLOYEES BE PAID? The philosophy is simply that when a person is employed, it is expected that the work … Tax deductions for home expenses - Working from home, Promote Legal Conferences, Events and Seminars. It is also important to realise that you cannot offset one leave for another and hope to bypass the “no work no pay” principle. NetCV.co.za. Some businesses need … The practical aspects of law examined in real life situations. Many employers are under the impression that when employees are unable to work due to load shedding the ‘no work, no pay’ principle applies. 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. 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. However, the same reasoning was surprisingly not applied in Mhlonipheni v Mezepoli Melrose Arch and Others [2020], handed down in the High Court on the same day as the Macsteel judgment. 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. If you are unwell for just a day or so and did not see a doctor then understand the implications of your action. Their course of study includes a focus on both practical and textbook education, that is how to work as an Attorney as well as how the legal system works in the country. Evidently, there appears to be a stalemate regarding the duty to pay employees over the lockdown period. 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. 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. 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. No Work No Pay… 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. South Africa has some of the toughest labour laws in the world and workers are well protected against any sort of abuse or exploitation. Labour law protects workers against exploitation by employers and non-payment of wages. If you were unwell and could not get to work, then ensure you have a sick note from a medical doctor. Taxes in South Africa can be applicable to worldwide income. You must pay taxes in if you work in South African or own a South African business. 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 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. 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… When is no work no pay applied? This often works against employers, especially small to medium enterprises that do not have the time or money to battle employees in court. 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. The doctrine of ‘no work, no pay’ is a fundamental axiom in labour and industrial relations. 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. South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa History. As per the terms of section 23 of the BCEA, Patel says that an employer is not required to pay an employee for sick leave if the employee has been absent from work for more than two … 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 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. 60 of 2008 amended Section 18A of the Income Tax Act to allow donations made to certain specialized agencies operating in South Africa to be … Therefore, the “no work, no pay” principle would not apply. 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 … ... and in what instances an employer is entitled to rely on the principle of ‘no work, no pay’. For outsiders trying to do business in South Africa, navigating the legal system can be a challenge. South African workers have the privileged of paid leave, sick leave and even compassionate leave during which they are paid although not at work. Legal. 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. 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 … Our attorneys have extensive experience in handling all … The policy is simple and workers need to be prudent when staying away from work. Home » Labour Law » No work no pay – What do the courts say? "No work no pay" principle – What do the labour courts say? 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 grey area, and a point of contention, is whether striking workers should be paid or not. 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