
Loadshedding And Docking Employee Pay
Nozipho Mvulane
Load shedding refers to the deliberate, temporary power outages implemented by electricity utility companies to balance electricity supply and demand during periods of insufficient generation capacity. However, the connection between load shedding and no pay in the context of labour law in South Africa may require further clarification.
BCEA and LRA
In South Africa, labour law is primarily governed by the Basic Conditions of Employment Act 75 of 1997 (BCEA), the Labour Relations Act 66 of 1995 (LRA), and other relevant legislation. These laws set out the rights and obligations of employers and employees in various employment-related matters, including wages, working hours, and leave.
General Principle Regarding Pay
Regarding load shedding and its impact on wages, the general principle is that employers are required to pay employees for the hours they work. If load shedding occurs during working hours and employees are unable to work as a result, the question of payment depends on various factors, including the terms of the employment contract, any applicable collective bargaining agreements, and the specific circumstances of the situation.
Beyond Employees Circumstances
If load shedding is beyond the control of the employee and prevents them from performing their work, it may be considered a circumstance beyond their control or a “force majeure” event. In such cases, employees may still be entitled to payment for the period affected by load shedding.
Negotiating New Terms and Conditions of Employment Anticipating Loadshedding
However, if load shedding is anticipated and known in advance, employers and employees may negotiate and agree upon alternative arrangements, such as adjusted working hours, alternative work locations, or reduced hours with corresponding pay adjustments. It’s important for employers and employees to communicate and agree on such arrangements in a fair and reasonable manner.
Approaching the CCMA
It is important to note that employers cannot unilaterally decide to dock employee’s pay due to not being able to work during loadshedding. In situations where load shedding causes significant disruption or financial hardship for employees, they may have recourse through labour dispute resolution mechanisms, such as lodging a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or seeking legal advice.
It’s important to note that labour law is complex, and the application of specific provisions may vary depending on the circumstances and individual employment contracts. Therefore, it is advisable for employees and employers to consult with legal professionals or labour advisors to understand their rights and obligations regarding load shedding and payment in their specific situations.
For further information of any of your labour law needs as an employer and employee, please contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za or on 073 2777 973.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).