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