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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

12. Lay-Off

 

(a) An employer shall be entitled to lay off an employee temporarily—
(i) On account of shortage of materials, due to circumstances beyond the control of the employer. Provided that the employer gives his employees two clear working days' notice of his intention to lay them off.
(ii) On account of temporary shortage of work: Provided that the employer gives his employees two clear working days' notice of his intention to lay them off.
(iii) On account of inclement weather as provided for in terms of Clause 13 of this agreement.
(iv) On account of any unforeseen contingencies and circumstances beyond the control of the employer.
(v) The employer shall within seven working days of commencement of the lay off period notify the Council and any representative trade union if its members are affected, thereof in writing.

 

Provided further that the employer shall not be liable to pay the employees any remuneration during a lay-off except as specified below.

 

"(vi) Any public holiday falling on any normal working day during the period of lay -off shall be paid in terms of Clause 23 of this agreement."

 

(b) If the employer advises the employee on the working day immediately preceding the day on which he is not required to attend or if unforeseen contingencies and/or circumstances beyond the control of the employer in the event of the foregoing circumstances arise, the employer shall not be required to pay wages to his employees, except for the periods actually worked;

 

(c) Where the employee is expressly required by the employer to report at the establishment on any one day for the purpose of ascertaining if work shall be available, he shall receive not less than four hours' work or pay in lieu thereof, in respect of such day.

 

(d) An employee may be laid off! for a continuous period not exceeding 20 working days. If at the end of such period the employer wishes to extend the period by a further 20 days, the employee shall first be given the option of being retrenched voluntarily in accordance with Clause 25(5) of this Agreement.

Provided that if the employee opts for a second period of lay-off of up to 20 working days, the employer shall commence the retrenchment procedure not later than on the first working day of the second lay off period.

Provided that if at the end of the second lay-off period the retrenchment procedure has not been concluded, then the lay-off period may be extended to a maximum period of a further 20 days.

In the event that the retrenchment procedure has still not been concluded at the end of the third lay-off period, either party may declare a dispute in terms of the Act.

 

(e) Employees on lay-off may engage in any other employment for remuneration during the duration of the lay-off.

 

(f) Should an employee on lay-off not return to employment within 4 working days of the due date, the employee shall be deemed to have terminated employment with the employer, unless the absence is due to a disabling reason.

 

(g) Should an employee find alternative employment during any lay-off period, he must inform the employer within 3 working days of finding such employment.