What happens if the weather is of such a nature that the employer’s operational requirements cannot continue or even commence? What should the employer do when employees are unhappy or dispute their remuneration effected by the weather?
The answer for employers: A system of lay-off
The contract of employment should make provision for a system of lay-off clause for circumstances which is out of the employer’s control, usually not limited to inclement weather. The system of lay-off clause must be mutually agreed upon between the employee and employer.
The system of lay-off should make provision for 4 instances:
- The employee reported for duty and no work could be conducted
The employee should be paid for at least 2 hours of work. If the employer asks the employee to stay at the workplace and they stay for longer than 2 hours, the employee must be paid for the time they stayed at the workplace.
- The employee reported for duty and inclement weather has interrupted work after the first 2 hours
The employee should be paid for the total hours worked if work has stopped after the first 2 hours.
- The employee reported for duty and inclement weather has interrupted work during the first 2 hours
The employee should be paid for 2 hours.
- The employer has requested the employee not to report for duty at all (usually the previous day)
The employee shouldn’t report for duty and is not entitled to any payment.
ABOUT THE AUTHOR
Frikkie van Tonder obtained a B.Com Law degree in 2009 from the University of the Free State. In 2011 he obtained an LLB degree from the University of the Free State and completed his articles of clerkship in 2012. He was admitted as an Attorney in the Free State High Court at Bloemfontein in April 2012. After his admission, he practised as an attorney for 2.5 before joining SEESA Labour in June 2015 as a legal advisor at our Bloemfontein office.