Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesChapter Eight : Termination of Employment42. Lay-off and Suspension |
| (1) | An employer shall be entitled to lay off an employee temporarily— |
| (a) | on account of inclement weather: Provided that the employer shall pay the equivalent of two hours' wages for short notice before the lay-off period commences; or |
| (b) | on account of a shortage of materials, due to circumstances beyond the employer's control: Provided that the employer shall pay the equivalent of two hours' wages for short notice before the lay-off period commences; |
| (c) | on account of a temporary shortage of work: Provided that one day's written notice shall be given, and that such notice include the reason for the lay-off and the period of the lay-off: Provided further that the employer shall not be liable to pay the employee any remuneration or employee benefits except as specified above during a lay-off: |
| (2) | An employee may be laid off for a continuous period not exceeding 20 working days and if at the end of such period the employer wishes to extend the lay-off period for a further 20 working days the employee shall first be given the option of being retrenched M accordance with the procedure laid down in clause 43: Provided that if the employee opts for the second period of lay-off of 20 working days the employer shall commence the retrenchment procedure laid down in clause 43 not later than 10 working days before the expiry of the second lay-off period: Provided further that employees shall be entitled to apply for unemployment benefits during the period of lay-off. |
| (3) | No employer shall unilaterally suspend or temporarily lay off an employee from work for any period as a disciplinary measure. |