The practical aspects of law examined in real life situations. Government is working on a number of labour interventions to curb the impact of the coronavirus pandemic on South African workers. "No work no pay" principle – What do the labour courts say? Many employers are under the impression that when employees are unable to work due to load shedding the ‘no work, no pay’ principle applies. An individual who is a South African tax resident is employed in Kenya and earns the equivalent of R1.5million per year. South African workers have the privileged of paid leave, sick leave and even compassionate leave during which they are paid although not at work. For outsiders trying to do business in South Africa, navigating the legal system can be a challenge. It is also important to realise that you cannot offset one leave for another and hope to bypass the “no work no pay” principle. 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 … South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa History. 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. In the recent Labour Court judgment of Macsteel Service Centres SA (Pty) Ltd v National Union of Metal Workers of South Africa and others [2020] JOL 47372 (LC) (Macsteel), handed down on 3 June 2020, the Court was approached on an urgent basis to make an order regarding the unprotected status of strike action. 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 … The old Basic Conditions of Employment Act of 1983 used to refer to … 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. No win, no fee attorneys in South Africa DSC Attorneys is one of the leading personal injury firms in South Africa. A podcast series about the reality of human trafficking in South Africa. Get information about Labour Laws and Workplace rights of Employees in South Africa at Mywage.co.za 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. 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. When is no work no pay applied? Our attorneys have extensive experience in handling all … ... implement the no-work-no-pay ... law for South Africa … 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 philosophy is simply that when a person is employed, it is expected that the work … No Work No Pay… Copyright 2019. 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 … … Court law … 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. 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 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. Furthermore, the Court reiterated that the duty to pay arises not from the actual performance of the work, but from the tendering of service. This podcast series takes you on a journey relevant to everybody, bringing clarity to cancer’s complexity. What are the basic requirements for the medical certificate? 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. NetCV.co.za. Therefore, the “no work, no pay” principle would not apply. You must pay taxes in if you work in South African or own a South African business. This individual did not spend any time in South Africa during the 2021 year of assessment. 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 … ... Tough Times! 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. 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. While it may be the democratic right of workers to strike this is not a right that they are paid to exercise. 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). 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. All … ... and the complexities of gun law. Sometimes workers get caught out with the “no work no pay” policy and did not even realise that they would face it. 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 … Nxesi urges employers to comply with labour law during lockdown 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. 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." 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. The policy is simple and workers need to be prudent when staying away from work. If you're having a problem involving the South African legal system, a South African law Expert on JustAnswer … Call your employer at the start of the work day and inform them that you will not be coming into work. To add to this, two recent Labour Court judgments offer differing decisions that might not offer greater clarity but do set out the Court’s reasoning behind each which should be noted. The employee is under no obligation to work … All right reserved. Apart from the government, this strategy often does not work. 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. Anything above and beyond paid or sick leave technically falls in the area of “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. 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. 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 payment must be done in South African … 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. NO WATER, NO WORK – MUST EMPLOYEES BE PAID? The medical certificate must be … Tax deductions for home expenses - Working from home, Promote Legal Conferences, Events and Seminars. 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 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. They do not know what leave applies to which situation and they have little concern for how their actions are affecting their employer. 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. No Work No Pay Meaning and Implications for Workers, Company Medical Aid Benefits, Pros and Cons for Employees, Life After Matric : Work, Study or Gap Year, Freelance Consultant or Full Time Employee. Labour law protects workers against exploitation by employers and non-payment of wages. Home » Labour Law » No work no pay – What do the courts say? 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 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’. Know more about Employee Labour Law in South Africa. South Africa has some of the toughest labour laws in the world and workers are well protected against any sort of abuse or exploitation. The problem in most instances, is that worker’s are ignorant and inconsiderate in their actions. In Article Archive, Article Archive - Home by Jan Truter 30 November 2017 Leave a Comment. 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 … Please note that there is no definition for ‘casual’ workers in our current legislation. Want the latest legal news and views in your box? Pretoria - The Commission for Conciliation, Mediation and Arbitration (CCMA) says every employer must take steps to eliminate discrimination in the workplace by ending unfair … Legal. 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. Students study law in South Africa to work in this field, since it is a requirement. After the strike had begun, the employer took a decision to pay bonuses to non-striking employees, who were requested to work … 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 … If you are unwell for just a day or so and did not see a doctor then understand the implications of your action. Some businesses need … ... the department was entitled in law to implement the no-work, no-pay … Mywage.co.za. 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. The grey area, and a point of contention, is whether striking workers should be paid or not. Some employers may opt to do this instead of implementing the no-work-no-pay option for their employees. Evidently, there appears to be a stalemate regarding the duty to pay employees over the lockdown period. They said in accordance with common law and the Basic Conditions of Employment Act, an employment contract is a … 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, 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. 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). This often works against employers, especially small to medium enterprises that do not have the time or money to battle employees in court. This is where it ends though. The amount you’ll pay … 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. Strike action was embarked upon by the members of SAMWU and as a result, the Municipality applied the 'no work no pay' … The doctrine of ‘no work, no pay’ is a fundamental axiom in labour and industrial relations. 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. The Revenue Laws Amendment Act, No. Result: The individual will be subject to tax in Kenya under its domestic law … South Africa. Advertising. 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… 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. Also ensure that you have sufficient sick leave to utilise or you will face the no work no pay policy. This is not the case. First the respondent informed the applicant in writing on 5 October 2005 that with effect from 1 October 2005 the proposed policy of no work, no pay, no benefits, would be suspended and … Resigning with immediate effect in the face of a disciplinary sanction to be imposed – A classic case of dodging the bullet, or not! Taxes in South Africa can be applicable to worldwide income. If you were unwell and could not get to work, then ensure you have a sick note from a medical doctor. Technically the employee just outside the work premises but is not working. Casual workers rights in South Africa. 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. The reverse also applies: "no pay, no work… ... and in what instances an employer is entitled to rely on the principle of ‘no work, no pay’. 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 … 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. 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