Best of Kfm Mornings with Darren, Sherlin & Sibs

Employment rights during the 21-day lockdown with Labour Law Specialist, Natasha Moni


Kfm Mornings speak to Natasha Moni, Labour Law Specialist at Moni Attorneys Incorporated. 

Government's announcement of the 21-day national lockdown left employees and employers concerned about how they would survive the shutdown period. 

Many are worried about the financial constraints of the shutdown.

On companies telling employees to take unpaid leave

The 21-day lockdown has said you must be at home. But what the President has said is please don't retrench people. 

Now the 21-days leave, they can do it, however there are various mechanisms that have been put in place by the UIF, by the SMEs and by the IDC in order to assist companies to not do that. 

Moni urges companies to research regulations and other information to make good leadership decisions.

Good CEOs, good managers, good owners of businesses will be judged on the legacy that they left in times of crises. 

The president has pleaded with everybody to do what is right for your employees now, and not financial constrain them so they can't survive. 

What if an employee is meant to start a new job on 1 April and has been asked to move the commencement date to 1 May without pay?

They have unilaterally changed the terms and conditions of the employment contract. They cannot do that, they need to negotiate. 

It is illegal. 

I would not try and burn my bridge with my new employer. I would say, I am in a very difficult position. I understand that you are not going to get me to work in this shutdown period and I understand that you have said no work, no pay however I live from month to month on my salary as do most South Africans, so I would like to start on 1 April and would like some sort of forward payment and would make that up during the year.

Employees and employers need to communicate and find a solution that works for both sides. 

Contact Natasha Moni at natasha@moni.co.za

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