Grain Guide 2016

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24 GRAANGIDS 2016 GRAIN GUIDE
LOAD SHEDDING: RIGHTS OF
EMPLOYEES AND EMPLOYERS
Sectoral Determination 13 regulates labour
relations in the agricultural sector, but does
not make provision for specific incidents like
load shedding, which can bring production to
a standstill. However, there are options that
employers can consider. Employers must be
aware of their rights and the steps to be taken
to limit their risk and still maintain sound labour
practices and labour relations.
‘No work, no pay’ does not apply
When the power supply is interrupted during
working hours and employees consequently
cannot do their jobs, the employer is still
responsible for paying his employees. If the
employee is expected to be at work at a specific
time on a specific date and the employee com-
plies with these requirements, the employer is
obliged to pay them for that period, even if the
workers are unable to carry out their tasks.
The obligation to pay does not arise from the
actual execution of the work, but from the offer
of the service or the production ability. There-
fore, if the employee offers to work, but the em-
ployer cannot give him any work to do at that
moment (due to load shedding), the employer
is still obliged to pay his worker’s salary.
Overtime and lunch
Employers can require their employees to take
their meal break during load shedding to limit
the loss of working hours. Keep in mind that
meal breaks of longer than 75 minutes must be
paid meal breaks, unless the farmworker lives
on the premises. Payment for overtime work be-
cause of power failures is also a problem. Any
work that is carried out after production times
to catch up on lost production is regarded as
overtime work and will be subject to overtime
payment. Employers and employees can jointly
agree to amend working hours and shifts to
limit the consequences of load shedding.
Short time
When the employer is unable to keep his
employees busy for the full contracted work
period, because of load shedding or machinery
that is faulty, the employer is entitled to imple-
ment short-time layoffs by giving the employees
24 hours’ written notice of this. As workers
have to be given notice when short time is
being considered, this will apply only when the
employer has prior information on load shed-
ding. When short time has been implemented,
the employee’s remuneration will be reduced
accordingly with every hour less that is worked.
The employer will have the sole discretion to
catch up hours that have been affected by the
short time on weekdays, Saturdays or Sundays.
When short time is worked, the work that is
available must be divided equally among em-
ployees so that they all have an equal opportu-
nity to earn an income. Sectoral Determination
13 and the Basic Conditions of Employment
Act do not make provision for the implementa-
tion of short time, and short time can therefore
be implemented only by agreement between
employers and employees.
Act proactively
We strongly recommend that employers make
provision for unforeseen circumstances like
load shedding by way of an employment
contract containing clauses that regulate
mealtimes, overtime and the implementation of
short time. In this way the employer already has
the employee’s permission to implement short
time and can limit potential losses earlier.
Generators can also be employed in critical
areas if they can be employed cost-effectively.
The implementation of a load-shedding policy
or action plan can be done in collaboration
with employees. Load shedding is a reality and
employers should therefore limit the negative
consequences on their activities as far as pos-
sible through proactive measures.
Please contact the AEO on 0861 101 828 |
| for assistance
and/or advice in this regard. We are avail-
able 24/7.
Mariëtte Redelinghuys,
Agricultural Employers Organisation