The rights of employees - how to prepare for Coronavirus in the workplace

The coronavirus has massive implications for employers and employees in South Africa.

At what point do employers tell employees; please don't come in?

And what if employees do not feel safe to go to work - what are their rights in terms of sick leave and getting paid?

Work places have to prepare for some emergency procedure, in the time of Corona.

Employers really need to be proactive to this instead of reactive. As soon as possible they should establish some committee or action team that looks to to assess this on a daily basis; effectively communicate in what is fast becoming a panic situation. It may be so that the employer decides to send employees home, on the basis of sick leave or some form of paid leave. Or an employee says I fear for my health and the consequence of either my transportation to work or I may have been exposed to people who have recently traveled.

Brett Abraham - Webber Wentzel

The legal position is, on the basis that an employee tenders their services, the employer should pay.
If the employee says I'm not prepared to tender to my services as a result of COVID-19, the employer can then say you have not tendered your services and on that basis I'm not going to pay you. The employer has the right to say I'm not going to pay you...or find some other middle-ground for you. But - we are under obligation to create an environment that is safe and healthy.

Brett Abraham - Webber Wentzel

Listen to the full interview about your rights in the workplace, below.

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